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Supreme Court rejects anti-abortion pastor's appeal on noise
Lawyer News |
2018/04/17 05:41
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The Supreme Court won't hear an appeal from a pastor who challenged a state law's noise limit that was used to restrict his anti-abortion protest outside a Planned Parenthood clinic in Portland, Maine.
The justices offered no comment Monday in rejecting the appeal from the Rev. Andrew March. He sued after he said Portland police officers repeatedly told him to lower his voice while he was protesting outside the clinic. March says police invoked a part of the Maine Civil Rights Act that applies to noise outside health facilities.
March says the law "targets pro-life advocates" in violation of the Constitution. A district judge temporarily blocked its enforcement, but the federal appeals court in Boston reversed that ruling.
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Singer Cliff Richard's case against BBC begins in High Court
Lawyer News |
2018/04/11 12:24
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Longtime British rock icon Cliff Richard's case against the BBC's coverage of a police raid at his home has begun in a London court.
Richard is suing the broadcaster for its coverage of the 2014 raid, when police were investigating an alleged sex assault.
The 77-year-old singer was never charged with any crime. His lawsuit claims he suffered "profound" damage to his reputation as a result of the BBC's coverage of the police activity at his home.
BBC says it will "vigorously" rebut Richard's case. Richard's lawyer Justin Rushbrooke told the court BBC used its cameras to "spy" into Richard's home.
He said it was hard to describe "the sense of panic and powerlessness" Richard experienced when he realized the BBC was broadcasting images of the raid based on allegations he knew were false. |
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Courts weighing numerous challenges to political boundaries
Lawyer News |
2018/03/26 12:18
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The U.S. Supreme Court is scheduled to hear arguments Wednesday on a lawsuit alleging partisan gerrymandering in the drawing of a Maryland congressional district. Eight years after the 2010 Census provided the basis for legislative redistricting, several other cases alleging unconstitutional gerrymandering in various states also are still working their way through the court system.
In Pennsylvania, a recent court ruling reshaped congressional districts for this year's elections. But many of the other cases could have a greater impact in the years to come. That's because they could set precedents that states must follow during the next round of redistricting after the 2020 Census.
Here's a look at some key redistricting cases ruled upon recently or still pending in courts: A federal court in November 2016 struck down Wisconsin's state Assembly districts enacted in 2011 by the Republican-led Legislature and Republican governor as an unconstitutional partisan gerrymander in violation of Democratic voters' rights to representation. The U.S. Supreme Court heard arguments in October 2017 and has yet to rule in the case. It could set a precedent for whether and how courts can determine if partisan gerrymandering is unconstitutional.
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Arizona court to hear arguments on immigrant tuition case
Lawyer News |
2018/03/22 12:15
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The Arizona Supreme Court will hear arguments on whether young immigrants granted deferred deportation status under a program started by former President Barack Obama are eligible for lower in-state college tuition.
The hearing is set for Monday after the justices agreed in February to consider an appeal by the Maricopa County Community Colleges District, which won an initial ruling in 2015 that was overturned in June by the state Court of Appeals.
The Court of Appeals ruling said the 2012 Deferred Action for Childhood Arrivals program known as DACA did not confer legal status and each state can decide on optional benefits for DACA recipients.
Arizona law bars public benefits such as in-state tuition for students without legal status. Pima Community College and a teachers union support the Maricopa County district's appeal. |
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Cambodian court denies opposition leader release on bail
Lawyer News |
2018/03/05 21:57
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Cambodia's Supreme Court has denied bail for an opposition leader charged with treason who is seeking to be released for medical treatment abroad.
The court ruled Friday that Kem Sokha must remain in pretrial detention for his own safety and because the investigation into his case is ongoing. His Cambodia National Rescue Party was dissolved last November by a court ruling on a complaint by Prime Minister Hun Sen's government.
Kem Sokha's case is widely regarded as a political setup by the government to cripple its opponents ahead of a general election this July. The party's dissolution was linked to the treason charge against Kem Sokha, for which he could be sentenced to up to 30 years in prison.
Kem Sokha's lawyers say he suffers from high blood pressure and diabetes, and has fallen sick in prison since being detained last September.
The court said if Kem Sokha is sick, the prison will arrange for a doctor to examine him inside the prison facility.
"If Kem Sokha is not allowed to have medical treatment at a hospital and in case he dies inside the prison, who will take responsibility? Are all of you responsible?" one of Kem Sokha's lawyers, Chea Cheng, asked the court.
The Phnom Penh Municipal Court this month granted a six-month extension for Kem Sokha's pre-trial detention period after the expiration of the initial six months. He has now been denied bail three times.
Kem Sokha was arrested last September on the basis of videos from several years ago showing him at a seminar where he spoke about receiving advice from U.S. pro-democracy groups. The opposition party has denied the treason allegation, saying the charge is politically motivated.
In the past several years the opposition party has faced an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced Sam Rainsy, Kem Sokha's predecessor as opposition leader, to remain in exile to avoid prison and pressured him into resigning from his party. Other top opposition party leaders fled Cambodia after Kem Sokha's jailing and the party's dissolution. |
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Samsung worker killed by brain tumor wins compensation case
Lawyer News |
2017/11/13 08:26
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Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.
The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.
Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.
Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.
An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.
The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.
The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.
The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.
Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee. |
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