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The New York state attorney general's civil lawsuit against the Donald J. Trump Foundation, President Donald Trump and his three eldest children can proceed after a state court judge on Friday denied their motion to dismiss the case.In her decision, Justice Saliann Scarpulla ruled that a sitting president can face a civil lawsuit in state court for actions not taken in his official capacity. That ruling puts Scarpulla in agreement with another recent ruling against Trump, a decision in the defamation lawsuit brought against him by Summer Zervos, a former contestant on "The Apprentice."And, Scarpulla said, it is in line with the US Supreme Court's 1997 ruling concerning President Bill Clinton in response to Paula Jones' sexual harassment lawsuit."Allowing this action to proceed is entirely consistent with the Supreme Court's holding in Clinton v. Jones that the President of the United States is 'subject to the laws for his purely private acts,'" Scarpulla wrote.As she did in court in October, the judge noted that Trump has appealed the Zervos decision, and if the appeals court rules in his favor, the attorney general's office would likely need to amend its lawsuit to remove Trump himself as a defendant.The Trump Foundation case is being considered in the New York Supreme Court, the state's trial court.The suit, filed in June, names as defendants the foundation, Trump and his children Eric, Donald Jr. and Ivanka Trump, all of whom sat on the charity's board. It alleges that they violated federal and state charities law with a "persistent" pattern of conduct that included unlawful coordination with the 2016 Trump presidential campaign.The attorney general's office, led by Barbara Underwood, is seeking to dissolve the Trump Foundation and wants .8 million in restitution, plus additional penalties. The office is also seeking to ban Trump from serving as a director of any New York nonprofit for 10 years and to prohibit the other board members, the Trump children, from serving for one year."As we detailed in our petition earlier this year, the Trump Foundation functioned as little more than a checkbook to serve Mr. Trump's business and political interests," Underwood said in a statement Friday. "There are rules that govern private foundations — and we intend to enforce them, no matter who runs the foundation."An attorney for the defendants, Alan Futerfas, said "the decision means only that the case goes forward. As we have maintained throughout, all of the money raised by the Foundation went to charitable causes to assist those most in need."He added: "As a result, we remain confident in the ultimate outcome of these proceedings."The judge gave the defendants 45 days to respond to the lawsuit. 2745
The other shoe has dropped for struggling sneaker company Under Armour.Under Armour reported quarterly sales Tuesday that fell nearly 5% from a year ago, missing forecasts badly. The company also lowered its outlook for the year again.That news sent the company's two classes of stock down more than 15% Tuesday. They had already lost nearly half their value for the year ahead of the earnings report. (Under Armour's UAA shares have voting rights while the UA shares do not.)CEO Kevin Plank said in the earnings release that the biggest problem is lower demand for its shoes and athletic apparel in its home market of the United States.The Baltimore-based company has been growing internationally, with sales surging in Europe, Latin America and Asia during the quarter.But those markets are still relatively tiny for Under Armour. Revenue in North America makes up more than three-quarters of its overall sales -- and those sales plunged 12% in the third quarter.It's a stunning fall from grace for Under Armour, which not that long ago was gaining market share at the expense of Nike and Adidas.The company signed Golden State Warriors star Steph Curry a few years ago, a move that seemed like a slam dunk success, since Curry has gone on to win multiple NBA MVP awards and two championships.But several iterations of the Curry shoes have routinely been mocked on social media for not looking cool. Even Curry's teammate Kevin Durant, who endorses Nike, poked fun at Under Armour earlier this year.Making matters worse, there have been reports of supply chain issues with the new Curry 4 line of sneakers. And Under Armour confirmed during its conference call with analysts Tuesday that it will delay some products to the fourth quarter.Under Armour also suffered from bad PR earlier this year after Plank agreed to join the White House's now defunct manufacturing council. Plank said in an interview with CNBC that "a pro-business president is something that is a real asset for the country."Curry told The Mercury News that he agreed with Plank -- but only "if you remove the 'et' from asset." Other professional athletes have been vocal about their disagreements with Trump as well.As such, Plank -- like many other CEOs -- has distanced himself from Trump lately.After Trump was reluctant to criticize neo-Nazis at a white supremacist rally, he then bashed Curry for not wanting to visit the White House and attacked athletes who protested the national anthem. Under Armour has come to the defense of its star endorsers.But that hasn't been enough to rejuvenate Under Armour's flagging sales or stock price.Meanwhile, Adidas has thrived in the past year while Under Armour and Nike have both struggled. Even Skechers has enjoyed a resurgence lately.So what can Under Armour do to get back on track? Neil Saunders, managing director of the research firm GlobalData Retail, wrote in a report that the company should continue to focus on expanding globally, which has been successful for Under Armour.But Saunders added that the company has to do more to court women as consumers, as Nike, Adidas and yoga apparel king Lululemon have successfully done."Under Armour is not so broken that it cannot be fixed. But the days of glory, when it would post double-digit uplifts in sales, are over. Now is the time to work out, slim down, and become more competitive," Saunders wrote. 3394
The Ontario Human Rights Tribunal has ordered a Toronto restaurant to pay a black customer ,000 Canadian dollars for racially discriminating against him and his friends.Emile Wickham was celebrating his 28th birthday with three friends when the group decided to grab a bite at Hong Shing Chinese Restaurant on May 3, 2014.The four were the only black patrons in the restaurant, Wickham said, and they were stunned when the waiter demanded they pay before they were servedWhen the group complained, they were told it was policy, according to?their testimony."I still felt skeptical, so then I approached other tables," Wickham told CNN. No one else he spoke with had been asked to prepay, he said."There was frustration initially. And that frustration turned into a feeling of dejection and sadness," he said. 819
The mother of Breonna Taylor wrote an open letter to President-elect Joe Biden calling on him to make criminal justice reforms and to open federal investigations into several high-profile police-involved deaths.“For many Americans, a vote for you was a vote for Breonna, Jacob Blake, Casey Goodson and so many others who have been failed repeatedly by the criminal justice system under the current administration,” Tamika Palmer wrote. “These victims could not vote for you – so millions of us did so on their behalf.”The letter was a full-page ad in the Washington Post Tuesday, and was reportedly paid for by the Grassroots Law Project.Palmer’s daughter was killed in March when Louisville police fired dozens of rounds into her apartment in an early morning warrant search.Shaun King, co-founder and Executive Director of Grassroots Law Project, shared an image of the open letter, saying Palmer “not only calls on Biden to prosecute the officers who murdered Breonna, but to bring about the change & justice he promised her.” 1041
The Orange County Zoo is evacuating animals and staff because of a fast-moving wildfire in Southern California.About 150 animals are temporarily relocating to the Santa Ana Zoo.The animals include bears, goats, mountain lions, bobcats, coyotes, and various birds of prey. The Orange County Zoo is part of an area under mandatory evacuation orders from the Silverado Fire. 379