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EU Court: Vaccines Can Be Blamed for Illnesses Without Proof
Business Law Info | 2017/06/23 03:20
The highest court of the European Union ruled Wednesday that courts can consider whether a vaccination led to someone developing an illness even when there is no scientific proof.

The decision was issued on Wednesday in relation to the case of a Frenchman known as Mr. J.W., who was immunized against hepatitis B in late 1998-99. About a year later, Mr. J.W. was diagnosed with multiple sclerosis. In 2006, he and his family sued vaccine-maker Sanofi Pasteur in an attempt to be compensated for the damage they claim he suffered due to the vaccine. Mr. J.W. died in 2011.

France's Court of Appeal ruled there was no causal link between the hepatitis B vaccine and multiple sclerosis, and dismissed the case. Numerous studies have found no relationship between the hepatitis B shot and multiple sclerosis.

After the case went to France's Court of Cassation, it was brought to the European Union. On Wednesday, the EU's top court said that despite the lack of scientific consensus on the issue, a vaccine could be considered defective if there is "specific and consistent evidence," including the time between a vaccine's administration and the occurrence of a disease, the individual's previous state of health, the lack of any family history of the disease and a significant number of reported cases of the disease occurring following vaccination.

In a statement, the court said that such factors could lead a national court to conclude that "the administering of the vaccine is the most plausible explanation" for the disease and that "the vaccine therefore does not offer the safety that one is entitled to expect." It did not rule on the specific French case.



Ronaldo summoned to court, Mourinho accused of tax fraud
Business Law Info | 2017/06/20 17:08
Cristiano Ronaldo has been summoned to appear before a Spanish judge, and Jose Mourinho could be next.

Ronaldo and Mourinho are the latest members of the soccer elite to be accused of tax fraud in Spain. Lionel Messi and Javier Mascherano, among others, have already been convicted.

On Tuesday, Ronaldo was told to appear in court on July 31, while Mourinho was accused by a state prosecutor of defrauding Spain's Tax Office of 3.3 million euros ($3.7 million).

Ronaldo, who is in Russia at the Confederations Cup with Portugal's national soccer team, has played in Spain for Real Madrid since 2009. The 54-year-old Mourinho was Real Madrid coach from 2010-13. He now is the coach of English club Manchester United.

The cases are about the profits made from image rights, not salaries from their clubs. Real Madrid and Man United are not directly involved.

Both Ronaldo and Mourinho are represented by Portuguese agent Jorge Mendes. Atletico Madrid striker Radamel Falcao and Real Madrid defender Fabio Coentrao, who have also been accused of tax fraud in Spain, are also clients of Mendes.

A request for comment from Mendes' agency, Gestifute, was not immediately answered.

Last week, Ronaldo was accused by a state prosecutor of four counts of tax fraud totaling 14.7 million euros ($16.5 million). The Portugal forward is now under official investigation and will have to appear in the Pozuelo de Alarcon court No. 1 on July 31. A judge will then decide if they are grounds to charge him with a crime.

The prosecutor said last Tuesday that there was evidence that Ronaldo used a shell company in the Virgin Islands to hide the money he had made from image rights. Ronaldo has denied any wrongdoing.

The accusations against Ronaldo have caused speculation in Portugal and Spain that he is now considering leaving the country to play elsewhere.

The summoning of Ronaldo coincided with the same Madrid-based prosecutor's office accusing Mourinho of two counts of tax fraud.






Supreme Court Justice Neil Gorsuch: Rule of law 'a blessing'
Business Law Info | 2017/06/03 17:22
Supreme Court Justice Neil Gorsuch acknowledged Friday that there is "a lot of skepticism about the rule of law" in the country but defended the United States judicial system as "a blessing" and "a remarkable gift" during a talk at Harvard University.

The court's newest justice marveled that in America "nine old people in polyester black robes" and other judges can safely decide cases according to their conscience and that the government can lose cases without resorting to the use of armed force to impose its will.

"That is a heritage that is very, very special," he said. "It's a remarkable gift. Travel elsewhere. See how judges live. See whether they feel free to express themselves."

Gorsuch, made the comments during his first public appearance since joining the high court in a conversation with fellow Justice Stephen Breyer at Harvard University.

Gorsuch said that particularly in tumultuous times it's important to convince the next generation "that the project (of justice) is worth it because many of them have grave doubts."

"I think there is a lot of skepticism about the rule of law, but I see it day in and day out in the trenches — the adversarial process of lawyers coming to court and shaking hands before and after, the judges shaking hands as we do, before we ascend to the bench," he said. "That's how we resolve our differences in this society."

Gorsuch, who was nominated to the high court earlier this year by Republican President Donald Trump, said he believes there is still confidence in the judicial system. He said that 95 percent of all cases are decided in the trial court, while only 5 percent are appealed, and the Supreme Court hears about 80 cases in a good year.



Supreme Court strikes down 2 NC congressional districts
Business Law Info | 2017/05/22 17:51
The Supreme Court struck down two congressional districts in North Carolina Monday because race played too large a role in their creation.

The justices ruled that Republicans who controlled the state legislature and governor's office in 2011 placed too many African-Americans in the two districts. The result was to weaken African-American voting strength elsewhere in North Carolina.

Both districts have since been redrawn and the state conducted elections under the new congressional map in 2016. Even with the new districts, Republicans maintained their 10-3 edge in congressional seats.

Justice Elena Kagan, writing for the court, said the state did not offer compelling justifications to justify its reliance on race in either district.

The issue of race and redistricting one is a familiar one at the Supreme Court and Kagan noted that one of the districts was "making its fifth appearance before this court."

States have to take race into account when drawing maps for legislative, congressional and a host of municipal political districts. At the same time, race can't be the predominant factor without very strong reasons, under a line of high court cases stretching back 20 years.

A three-judge federal court had previously struck down the two districts. The justices upheld the lower court ruling on both counts.

The court unanimously affirmed the lower court ruling on District 1 in northeastern North Carolina. Kagan wrote that the court will not "approve a racial gerrymander whose necessity is supported by no evidence."

The justices split 5-3 on the other district, District 12 in the southwestern part of the state. Justice Clarence Thomas joined the four liberal justices to form a majority. Chief Justice John Roberts and Justices Samuel Alito and Anthony Kennedy dissented. Justice Neil Gorsuch did not part in the case.

The state insisted that race played no role at all in the creation of one district. Instead, the state argued that Republicans who controlled the redistricting process wanted to leave the district in Democratic hands, so that the surrounding districts would be safer for Republicans.


Texas advances new abortion limits despite court defeats
Business Law Info | 2017/05/18 00:53
Texas' Republican-controlled Legislature late Friday advanced tough new limits on abortion— hitting back at a U.S. Supreme Court decision last summer striking down most of the sweeping restrictions on the procedure that America's second-largest state approved four years ago.

The Texas House voted 96-47 on legislation that bans a commonly used second-trimester abortion procedure, known as dilation and evacuation, similar to laws that courts have blocked in Alabama, Oklahoma, Kansas and Louisiana. It further directed doctors performing the procedure in Texas to face felony charges.

Those contentious provisions were tacked onto a broader bill requiring the burial or cremation of fetal remains from abortions, even though a federal judge has already blocked an existing state rule mandating the same thing.

The measure also bars sale or donation of fetal tissue, something GOP-majority legislatures around the country have sought since the release of heavily edited, secretly recorded videos shot inside Planned Parenthood clinics by an anti-abortion group in 2015. Federal law already prohibits sale of fetal tissue.

Final approval should come Saturday. The proposal previously cleared the state Senate, but will have to return there because the House so expanded its scope. That chamber is even more conservative, though, and passage should be easy.


High court could soon signal view on Trump immigration plans
Business Law Info | 2017/05/15 21:42
Supreme Court decisions in a half-dozen cases dealing with immigration over the next two months could reveal how the justices might evaluate Trump administration actions on immigration, especially stepped-up deportations.

Some of those cases could be decided as early as Monday, when the court is meeting to issue opinions in cases that were argued over the past six months.

The outcomes could indicate whether the justices are retreating from long-standing decisions that give the president and Congress great discretion in dealing with immigration, and what role administration policies, including the proposed ban on visits to the United States by residents of six majority Muslim countries, may play.

President Trump has pledged to increase deportations, particularly of people who have been convicted of crimes. But Supreme Court rulings in favor of the immigrants in the pending cases “could make his plans more difficult to realize,” said Christopher Hajec, director of litigation for the Immigration Reform Litigation Institute. The group generally supports the new administration’s immigration actions, including the travel ban.

For about a century, the court has held that, when dealing with immigration, the White House and Congress “can get away with things they ordinarily couldn’t,” said Temple University law professor Peter Spiro, an immigration law expert. “The court has explicitly said the Constitution applies differently in immigration than in other contexts.”

Two of the immigration cases at the court offer the justices the possibility of cutting into the deference that courts have given the other branches of government in this area. One case is a class-action lawsuit brought by immigrants who’ve spent long periods in custody, including many who are legal residents of the United States or are seeking asylum. The court is weighing whether the detainees have a right to court hearings.



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