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S. Korean court says worker's rare disease linked to Samsung
Attorneys News |
2017/08/30 14:01
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South Korea's Supreme Court said a former worker in a Samsung LCD factory who was diagnosed with multiple sclerosis should be recognized as having an occupationally caused disease, overturning lower court verdicts that held a lack of evidence against the worker.
In a milestone decision that could aid other sickened tech workers struggling to prove the origin of their diseases, the Supreme Court ruled there was a significant link between Lee Hee-jin's disease and workplace hazards and her working conditions.
Lower courts had denied her claim, partly because no records of her workplace conditions were publicly available. The Labor Ministry and Samsung refused to disclose them when a lower court requested the information, citing trade secrets.
In its ruling Tuesday, the court said the lack of evidence, resulting from Samsung's refusal to provide the information and an inadequate investigation by the government, should not be held against the sickened worker.
Instead, it said, such special circumstances should be considered in favor of the worker.
Lee, 33, began to work at a Samsung LCD factory in Cheonan, south of Seoul, in 2002 when she was a high school senior. She evaluated nearly one hundred display panels per hour on a conveyor belt, looking for defective panels and wiping them with isopropyl alcohol. She worked next to assembly lines that used other chemicals.
Three years after she joined Samsung Electronics, she first reported the symptoms of multiple sclerosis, a rare disease that affects the central nervous system. The average age of reporting multiple sclerosis in South Korea is 38. She left Samsung in 2007.
Lee first filed a claim in 2010 with a government agency, which denied her request for compensation. She took her case to the courts and lost twice before Tuesday's victory.
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First Opioid Court in the U.S. Focuses on Keeping Users Alive
Attorneys News |
2017/07/11 00:18
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After three defendants fatally overdosed in a single week last year, it became clear that Buffalo's ordinary drug treatment court was no match for the heroin and painkiller crisis.
Now the city is experimenting with the nation's first opioid crisis intervention court, which can get users into treatment within hours of their arrest instead of days, requires them to check in with a judge every day for a month instead of once a week, and puts them on strict curfews. Administering justice takes a back seat to the overarching goal of simply keeping defendants alive.
"The idea behind it," said court project director Jeffrey Smith, "is only about how many people are still breathing each day when we're finished."
Funded with a three-year $300,000 U.S. Justice Department grant, the program began May 1 with the intent of treating 200 people in a year and providing a model that other heroin-wracked cities can replicate.
Two months in, organizers are optimistic. As of late last week, none of the 80 people who agreed to the program had overdosed, though about 10 warrants had been issued for missed appearances.
Buffalo-area health officials blamed 300 deaths on opioid overdoses in 2016, up from 127 two years earlier. That includes a young couple who did not make it to their second drug court appearance last spring. The woman's father arrived instead to tell the judge his daughter and her boyfriend had died the night before.
"We have an epidemic on our hands. ... We've got to start thinking outside the box here," said Erie County District Attorney John Flynn. "And if that means coddling an individual who has a minor offense, who is not a career criminal, who's got a serious drug problem, then I'm guilty of coddling."
Regular drug treatment courts that emerged in response to crack cocaine in the 1980s take people in after they've been arraigned and in some cases released. The toll of opioids and profile of their users, some of them hooked by legitimate prescriptions, called for more drastic measures.
Acceptance into opioid crisis court means detox, inpatient or outpatient care, 8 p.m. curfews, and at least 30 consecutive days of in-person meetings with the judge. A typical drug treatment court might require such appearances once a week or even once a month.
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In one state, abused animals get a legal voice in court
Attorneys News |
2017/06/02 17:22
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Many states have victim's advocates or child advocates, people in the judicial system who represent those affected by crime or abuse. Now, one state has created legal advocates for abused animals, an experiment being watched across the nation for signs of success.
There are eight approved volunteer advocates across Connecticut — seven lawyers and a UConn law professor, working with her students. It's up to a judge to decide whether to appoint one, but they can be requested by prosecutors or defense attorneys. In the first six months of the law, advocates have been appointed in five cases.
"Every state has the problem of overburdened courts that understandably prioritize human cases over animal cases in allocating resources," said University of Connecticut professor Jessica Rubin, a specialist in animal law. "Here's a way to help."
The American Kennel Club, though, opposed the legislation, saying it could result in confusion over who is responsible for an animal and limit the rights of animal owners, including in cases in which someone else is charged with the abuse.
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Suspected people smuggler charged in Australian court
Attorneys News |
2016/09/30 19:27
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An Iranian citizen extradited from Indonesia was charged in a Sydney court on Thursday with attempting to smuggle 73 asylum seekers by boat to Australia.
Mohammad Naghi Karimi Azar, 56, on Wednesday became the eighth suspected people smuggler to be extradited from Indonesia to Australia since 2008, a government statement said.
Azar was charged in Sydney Central Local Court with 43 counts of people smuggling, an offense that carries a minimum five-year sentence and a maximum of 20 years.
He appeared by video from a Sydney police station.
Court documents allege Azar facilitated the passage of 73 men, women and children between 2011 and 2013. His lawyer, Archie Hallas, told the court that Azar had spent the last two and a half years in an Indonesian jail.
Azar did not apply for bail. Hallas told the court his client needed time to read the 100-page prosecution case against him. Azar is to appear in court next on Oct. 5.
Outside the court, another lawyer for Azar, Sayar Dehsabzi, told reporters his client intended to plead not guilty.
Dehsabzi said Azar told him he was a refugee registered with the United Nations and had fled Iran in fear of persecution because he was a member of an ethnic minority.
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LA Supreme Court considers teen robber’s 99-year sentence
Attorneys News |
2016/09/13 22:14
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Louisiana’s Supreme Court is considering whether recent U.S. Supreme Court rulings about juveniles convicted of murder mean a juvenile robber’s 99-year sentence is unconstitutional.
Alden Morgan is now 35. He was 17 years old when he held up a couple with their baby daughter.
The New Orleans Advocate reports that several justices noted that his punishment is much higher than the nation’s highest court would have allowed for second-degree murder.
The U.S. Supreme Court has found it unconstitutional to execute juveniles, to give them life sentences for most crimes, and — except in rare cases — to deny them a chance at parole for most killings.
Morgan’s case appears to be the first time that Louisiana’s high court has considered how those rulings may affect sentences for lesser offenses. |
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Mexico's Supreme Court overturns state anti-corruption laws
Attorneys News |
2016/09/09 06:26
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Mexico's Supreme Court has ruled unconstitutional two state anti-corruption laws that outgoing governors passed in apparent attempts to shield themselves from investigation.
Many Mexicans were outraged when the governors of the states of Veracruz and Chihuahua pushed through the laws just months before they are to leave office giving them the power to name anti-corruption prosecutors.
The federal Attorney General's Office appealed the laws, arguing they violated new federal anti-corruption standards. It said the appeals were meant to show "there is no room for tailor-made local laws."
On Monday, the Supreme court agreed, saying neither law could stand.
There have been allegations of corruption in both Veracruz and Chihuahua, and many feared the now struck-down laws would have allowed the governors to control who would investigate them.
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