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Man accused of kidnapping Wisconsin girl to appear in court
Criminal Law Updates | 2019/02/06 02:09
A man accused of kidnapping a 13-year-old Wisconsin girl and killing her parents is scheduled to appear in court Wednesday for a preliminary hearing.

Jake Patterson, 21, is accused of killing James and Denise Closs on Oct. 15 and kidnapping their daughter , Jayme Closs, from their Barron home. Jayme escaped on Jan. 10, after 88 days.

Patterson is expected to be in the courtroom Wednesday, according to Sheriff Chris Fitzgerald. The purpose of a preliminary hearing is to determine whether there's grounds for a trial. Both sides can present evidence.

According to the criminal complaint, Patterson told investigators he knew Jayme "was the girl he was going to take" after he saw her getting on a school bus near her home. He made two aborted trips to the family's home before carrying out the attack in which he killed Jayme's mother in front of her.

In the days that followed, thousands of people volunteered to search for Jayme. Investigators believe Patterson hid Jayme in a remote cabin in Gordon, about 60 miles (97 kilometers) north of Barron, before she escaped and got help from a woman walking her dog.

Jayme told police that on the night she was abducted, she awoke to her dog's barking, then woke her parents as a car came up the driveway. Her father went to the front door as Jayme and her mother hid in a bathtub, according to the complaint. Jayme told police she heard a gunshot and knew her dad had been killed.



Appellate judge announces run for Supreme Court seat
Employment Law | 2019/02/05 02:11
An appellate judge has announced he will run for a spot on the Kentucky Supreme Court days after Justice Bill Cunningham retired.

Kentucky Court of Appeals Judge Christopher "Shea" Nickell told The Paducah Sun that he is running in November's election for the vacant seat, which represents the First Supreme Court District encompassing 24 counties in western Kentucky. The winner of the general election will serve the rest of Cunningham's current term ending in 2022.

Gov. Matt Bevin will appoint a temporary justice to the seat until November, but Nickell did not submit his name for consideration. He says that would have required him to step down from the appeals court.

Nickell practiced law for 22 years before he became an appellate judge.


Ginsburg makes 1st public appearance since cancer surgery
Employment Law | 2019/02/03 02:13
Supreme Court Justice Ruth Bader Ginsburg is making her first public appearance since undergoing lung cancer surgery in December.

The 85-year-old Ginsburg is attending a concert at a museum a few blocks from the White House that is being given by her daughter-in-law and other musicians. Patrice Michaels is married to Ginsburg’s son, James. Michaels is a soprano and composer.

The concert is dedicated to Ginsburg’s life in the law.

Ginsburg had surgery in New York on Dec. 21. She missed arguments at the court in January, her first illness-related absence in more than 25 years as a justice.

She has been recuperating at her home in Washington since late December.

Ginsburg had two previous bouts with cancer. She had colorectal cancer in 1999 and pancreatic cancer in 2009.

The justice sat in the back of the darkened auditorium at the National Museum of Women in the Arts.

The National Constitution Center, which sponsored the concert, did not permit photography.

James Ginsburg said before the concert that his mother is walking a mile a day and meeting with her personal trainer twice a week.

The performance concluded with a song set to Ginsburg’s answers to questions.

In introducing the last song, Michaels said, “bring our show to a close, but not the epic and notorious story of RBG.”



Court: Illinois mom can sue Six Flags for fingerprinting son
Class Action News | 2019/01/27 02:49
The Illinois Supreme Court ruled Friday that a woman can sue Six Flags Great America for fingerprinting her child without telling her how the data would be used in violation of the state's biometric law, which privacy advocates consider to be the nation's strongest biometric data safeguards.

Stacy Rosenbach sued the amusement park north of Chicago in 2016, about two years after her son was electronically fingerprinted while buying a season pass. He was 14 at the time.

The lawsuit alleges the park violated the Illinois Biometric Information Privacy Act, which requires businesses and other private entities to obtain consent from people before collecting or disclosing their biometric identifiers and to securely store biometric data they do collect. It also permits people to sue businesses they believe violated the act.

In its ruling for Six Flags, an appellate court determined in 2017 that Rosenbach never demonstrated a direct injury or adverse effect, such as stolen identity or a monetary loss.

The state Supreme Court, in overturning that decision, rejected the argument that individuals should have the right to sue if no real damage occurred after they handed over their biometric information. The court ruled that a violation of the law is damage enough.

"This is no mere 'technicality,'" as the appellate court suggested, Chief Justice Lloyd Karmeier wrote in the opinion. "The injury is real and significant."

Biometric data, fingerprints, facial and iris scans, are increasingly used in tagging photos on social media and recording employee arrivals at the workplace.



Appeals court reopens case involving payment to law firm
Class Action News | 2019/01/27 02:48
An appeals court on Friday ordered more proceedings in a legal fight involving Kentucky's governor and two of his political rivals over a $4 million payment to a law firm for negotiating a settlement on behalf of the state with the maker of OxyContin.

A three-judge Kentucky Court of Appeals panel ruled unanimously that a summary judgment previously granted in the case was "premature" because it didn't allow more information to be reviewed. The ruling returned the case to a lower court, where it could have implications in this year's governor's race.

"In this case, there was no opportunity to take discovery," Judge Christopher Shea Nickell said in writing for the appeals court panel.

"Since there was no discovery, obviously there was no 'ample opportunity to complete discovery.' ... Thus, we do not even reach the question of whether there were any material issues of fact precluding summary judgment," he added.

The ruling keeping the case alive drew quick praise from Republican Gov. Matt Bevin's administration. Bevin's general counsel, Steve Pitt, said additional information could shed light on why Kentucky's lawsuit against a large pharmaceutical company was settled "for pennies on the dollar."

The case also involves Attorney General Andy Beshear, who already has declared himself a candidate for governor as a Democrat. Bevin and Beshear have been embroiled in several lawsuits since they took office. Bevin filed papers Friday to run for a second term.


Japan court upholds sterilization to register gender change
Legal Career News | 2019/01/26 02:49
Human rights and LGBT activists on Friday denounced a ruling by Japan’s Supreme Court upholding a law that effectively requires transgender people to be sterilized before they can have their gender changed on official documents.

The court said the law is constitutional because it was meant to reduce confusion in families and society. But it acknowledged that it restricts freedom and could become out of step with changing social values.

The 2004 law states that people wishing to register a gender change must have their original reproductive organs, including testes or ovaries, removed and have a body that “appears to have parts that resemble the genital organs” of the gender they want to register.

More than 7,800 Japanese have had their genders changed officially, according to Justice Ministry statistics cited by public broadcaster NHK.

The unanimous decision by a four-judge panel, published Thursday, rejected an appeal by Takakito Usui, a transgender man who said forced sterilization violates the right to self-determination and is unconstitutional.

Usui, 45, had appealed to the top court after he unsuccessfully requested lower courts to grant him legal recognition as male without having his female reproductive glands surgically removed.

Despite the unanimous decision, presiding justice Mamoru Miura joined another justice in saying that while the law may not violate the constitution, “doubts are undeniably emerging,” according to Usui’s lawyer, Tomoyasu Oyama.

The two judges proposed regular reviews of the law and appropriate measures “from the viewpoint of respect for personality and individuality,” according to Japanese media reports.




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