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Kenya court set to hear petitions challenging repeat vote
Opinions |
2017/11/11 13:41
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Kenya's Supreme Court is poised to hear petitions challenging President Uhuru Kenyatta's re-election in a repeat presidential poll.
The court made history when it nullified Kenyatta's re-election in August. It cited irregularities and illegalities in the vote count and the electoral commission's failure to allow scrutiny of its servers to dispel opposition leader Raila Odinga's claim of fraud. It then ordered a new vote.
There are concerns about intimidation after the court failed to find a quorum to consider a petition seeking to postpone the repeat presidential election on Oct. 26, a day after a bodyguard of one of the judges was shot.
Politician Harun Mwau and activists Njonjo Mue and Khelef Khalifa seek to nullify the Oct. 26 election, which Odinga boycotted citing lack of electoral reforms.
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Samsung worker killed by brain tumor wins compensation case
Court Watch |
2017/11/10 13:42
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Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.
The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.
Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.
Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.
An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.
The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.
The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.
The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.
Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee.
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High court to hear appeal in Newtown school shooting case
Topics in Legal News |
2017/11/09 13:42
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Lawyers are set to ask the Connecticut Supreme Court to reinstate a wrongful death lawsuit against the maker of the rifle used in the 2012 Newtown school massacre.
Justices are scheduled to hear arguments Tuesday in an appeal by a survivor and relatives of nine people killed in the shooting.
They're trying to sue Remington Arms, the North Carolina company that made the Bushmaster AR-15-style rifle used to kill 20 first-graders and six educators at Sandy Hook Elementary School. Gunman Adam Lanza's mother legally purchased the rifle.
A lower court judge dismissed the lawsuit, saying federal law shields gun makers from most lawsuits over criminal use of their products.
The company denies the lawsuit's allegations that it violated state law by selling such a dangerous weapon to the public. |
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Human rights group accuses Guatemalan courts of delays
Headline Legal News |
2017/11/07 13:42
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An international human rights group says Guatemalan courts are foot- dragging on high-profile cases and threatening the work of the country's prosecutors and a U.N. anti-corruption commission.
Human Rights Watch analyzed eight major cases that have bogged down and concluded the courts are undermining the anticorruption work by taking too long to process appeals and pretrial motions. In a report released Sunday, the group accuses the courts of trying to run out the clock on prosecutions by keeping defendants from ever making it to trial.
Among the cases is a customs fraud scandal that allegedly sent kickbacks to then President Otto Perez Molina and Vice President Roxana Baldetti. They resigned and were jailed to await trial, but more than 100 defense filings have delayed the trial.
Perez Molina and Baldetti, who resigned in 2015, both deny the charges against them.
Daniel Wilkinson, managing director of the Americas division at Human Rights Watch, said Guatemala has made progress on holding officials accountable for abuses of power, but still needs to "move forward and close those circles with trials." "The strategic defense (of those accused) was always to delay the cases," Wilkinson said.
The report notes a pattern in which pretrial proceedings drag on as defense lawyers appeal court decisions and file petitions seeking the recusal of judges.
"The repeated filing of such petitions has brought many key prosecutions to a standstill, and lawyers are not effectively sanctioned even when filing petitions that are manifestly frivolous," Wilkinson said. |
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Florida man back at Supreme Court with 1st Amendment case
Politics |
2017/11/06 13:43
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The U.S. Supreme Court agreed Monday to hear a First Amendment case brought by a Florida man who previously won a landmark ruling from the justices on whether his floating home was a house, not a boat subject to easier government seizure under laws that govern ships and boats.
This time, the justices agreed to hear a case in which Fane Lozman sued after being charged with disorderly conduct and resisting arrest at a public meeting.
Lozman, 56, was never brought to trial on the charges — prosecutors dropped them after concluding there was no possibility of a conviction. Lozman then sued Riviera Beach, claiming his arrest at a 2006 city council meeting violated the First Amendment's free speech guarantee because it was in retaliation for opposing a marina redevelopment plan and accusing council members of corruption.
A jury sided with the city after a trial and an appeals court upheld that verdict. Lozman, however, took the case to the Supreme Court, arguing in part that U.S. appeals courts across the country are split on the issue of retaliatory arrest versus free speech.
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