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German Court: Kuwait Airways Can Refuse Israeli Passengers
Court Feed News | 2017/11/15 19:52
A German court ruled Thursday that Kuwait's national airline didn't have to transport an Israeli citizen because the carrier would face legal repercussions at home if it did.

The Frankfurt state court noted in its decision that Kuwait Airways is not allowed to have contracts with Israelis under Kuwaiti law because of the Middle Eastern country's boycott of Israel.

The court said it didn't evaluate whether "this law make sense," but that the airline risked repercussions that were "not reasonable" for violating it, such as fines or prison time for employees.

An Israeli citizen, who was identified in court papers as Adar M., a student living in Germany, sued Kuwait Airways after it canceled his booking for a flight from Frankfurt to Bangkok that included a stop-over in Kuwait City.

The cancellation came a few days before M.'s scheduled departure in August 2016 when he revealed he had an Israeli passport. The airline offered to book him on a nonstop flight to Bangkok with another carrier.

The man refused the offer and filed the lawsuit, seeking compensation for alleged discrimination. He also insisted the airline should have to accept him as a passenger.

The court rejected his discrimination claim ruling that German law covers discrimination based on race, ethnicity or religion, but not nationality.

Germany's Central Council of Jews condemned the ruling, calling it "unbearable that a foreign company operating based on deeply anti-Semitic national laws is allowed to be active in Germany."

Frankfurt Mayor Uwe Becker expressed a similar view. "An airline that practices discrimination and anti-Semitism by refusing to fly Israeli passengers should not be allowed to takeoff or land in Frankfurt," Becker said.

Courts in the United States and Switzerland previously have ruled in favor of plaintiffs in comparable cases, the German news agency dpa reported.



Court gives go-ahead for minimum alcohol price in Scotland
Court Feed News | 2017/11/14 05:51
Britain's Supreme Court has given the go-ahead for the introduction of minimum unit pricing for alcohol in Scotland — a watershed moment for public health advocates alarmed at the level of abuse.

The court on Wednesday rejected the Scottish Whisky Association's challenge to the policy of setting a floor price per unit of alcohol. Health advocates argue that the increasing affordability of alcohol is leading to an increase in consumption.

Scotland's First Minister Nicola Sturgeon tweeted on Wednesday that she was "absolutely delighted" by the decision that she says will prove to be a "bold and necessary move to improve public health."

During the 1980s alcohol deaths in Scotland had been relatively stable, at roughly 600 per year, but in 2006 drink-related deaths peaked at 1,546.


Top German court strengthens intersex identity rights
Court Feed News | 2017/11/01 08:50
Germany’s highest court has decided that people must be allowed to be entered in official records as neither male nor female, saying in a ruling published Wednesday that authorities should create a third identity or scrap gender entries altogether.

The Federal Constitutional Court ruled on a case in which a plaintiff, identified by advocacy group Dritte Option only as Vanja, born in 1989, sought to have their entry in the birth register changed from “female” to “inter/diverse” or “diverse.”

Officials rejected the application on the grounds that the law only allows for children to be registered as male or female, or for the gender to be left blank.

The plaintiff argued that that was a violation of their personal rights. In a three-year legal battle, Vanja provided courts with a genetic analysis showing the plaintiff has one X chromosome but no second sex chromosome. Women have two X chromosomes, while men have one X and one Y chromosome.

The supreme court found that the law protects sexual identity, which has a “key position” in how individuals perceive themselves and are perceived by others. It said that “the sexual identity of those people who can be assigned neither to the male nor the female sex is also protected,” and said the constitution also protects them against discrimination because of their gender. The government has until the end of 2018 to draw up new rules.



Indonesia court upholds seizure of illegal fishing vessel
Court Feed News | 2017/10/28 08:47
Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters.

Minister of Fisheries and Maritime Affairs Susi Pudjiastuti said the "monumental" ruling from a court in Aceh province shows that governments can win in the fight against cross-border crime.

Pudjiastuti said in a statement this week that the ministry plans to make the refrigerated cargo ship Silver Sea 2 part of a museum to teach the public about illegal fishing.

The ship was seized by Indonesia's navy in August 2015 amid a crackdown on illegal fishing and after an Associated Press investigation showed its links to human trafficking in the fishing industry.

Several months before its capture, the ship and Thai fishing trawlers had abruptly left an island in remote eastern Indonesia, where the Thai fishing industry held trafficked crew members captive, to escape a government crackdown on illegal fishing.


Court gives government a win in young immigrants' cases
Court Feed News | 2017/10/26 18:21
A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.

The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.

Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.

A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.

Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."

And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.

Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.

He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."

Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."

"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.


Court nixes class-action status for TGI Friday's drink suit
Court Feed News | 2017/10/06 23:52
A lawsuit accusing restaurant chain TGI Friday's violated consumer fraud laws with its drink pricing can't go ahead as a class action that could have included millions of members, but a similar case involving Carrabba's Italian Grill restaurants can, New Jersey's state Supreme Court ruled Wednesday.

Debra Dugan sued TGI Friday's after she was charged one price for a drink at the bar and a higher price at a table in 2008. The restaurant didn't list drink prices on its menus, according to the lawsuit.

A lower court in 2012 granted class-action status to anyone who ordered unpriced drinks at 14 of the company's restaurants in New Jersey from 2004 through 2014. TGI Friday's had estimated that could have amounted to as many as 14 million customers, according to court filings. But the plaintiffs disputed that figure.

According to the lawsuit, TGI Friday's conducted research that showed that customers spent an average of $1.72 less on drinks if the prices were displayed than if the prices weren't displayed. The lawsuit sought to prove that that amount could be considered a loss for anyone who had ordered a drink at the restaurants. Wednesday's 5-1 ruling rejected that argument, but said individual claims could still proceed.


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