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Ginsburg makes 1st public appearance since cancer surgery
Employment Law |
2019/02/03 02:13
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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.”
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Court: Illinois mom can sue Six Flags for fingerprinting son
Class Action News |
2019/01/27 02:49
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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.
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Appeals court reopens case involving payment to law firm
Class Action News |
2019/01/27 02:48
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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. |
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Japan court upholds sterilization to register gender change
Legal Career News |
2019/01/26 02:49
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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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Freed by court, Pakistani Christian woman still a prisoner
Class Action News |
2019/01/22 00:22
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Aasia Bibi, a Pakistani Christian acquitted of blasphemy, still lives the life of a prisoner, nearly three months after her release from death row, awaiting a final ruling on her fate.
She spends her days in seclusion for fear of being targeted by angry mobs clamoring for her death. In her hideout, she longs for her children who were taken to Canada for their safety.
Pakistani security forces guarding the 54-year-old Bibi prevent her from opening a window in her hiding place, let alone go outside, a friend said.
Meanwhile, the Supreme Court is weighing a petition by Islamist extremists and right-wing religious parties that rallied against her acquittal and demand her execution.
Her case goes to the core of one of Pakistan's most controversial issues — the blasphemy law, often used to settle scores or intimidate followers of Pakistan's minority religions, including minority Shiite Muslims. A charge of insulting Islam can bring the death penalty.
Just making an accusation is sometimes enough to whip up vengeful mobs, even if the courts acquit defendants. A provincial governor who defended Bibi was shot and killed, as was a government minority minister who dared question the blasphemy law.
Bibi's ordeal began on a hot day in 2009, with a row with fellow farmworkers after two Muslim women refused to drink water from the same container as a Christian. They demanded she convert, and she refused. Five days later, a mob accused her of blasphemy. She was convicted and sentenced to death in 2010 for insulting the Prophet Muhammad.
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Lawyer: Incapacitated woman who gave birth not in coma
Employment Law |
2019/01/20 08:03
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A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.
The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.
Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.
A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.
News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.
“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper. |
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