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Abortion clinic dispute to be argued in Ohio Supreme Court
Headline Legal News | 2017/09/08 09:02
A dispute over whether to shut down Toledo's last abortion clinic is headed to the Ohio Supreme Court Tuesday, in a case both sides view as pivotal.

At issue in oral arguments will be the state health department's 2014 order shutting down Capital Care of Toledo for lack of a patient-transfer agreement, which would formally authorize the transfer of patients from the clinic to a local hospital.

Such agreements were mandated, and public hospitals barred from providing them, under restrictions Ohio lawmakers passed in 2013. The change prompted the University of Toledo Hospital, which is public, to withdraw from its transfer arrangement with Capital Care.

The clinic sued and won in the lower courts, which ruled the restrictions were unconstitutional. Judges have allowed the clinic to continue operating as the legal dispute continues.

Republican Attorney General Mike DeWine appealed to the high court last year, asking that justices uphold the state's action and shut the clinic down. In a divided vote in March, the court agreed to take up the case.

After the Republican-controlled state Legislature opted to outlaw transfer agreements with public hospitals, Capital Care went out of state, negotiating its required agreement with the University of Michigan Health System in Ann Arbor.


EU court rejects Hungary, Slovakia appeal in refugee case
Headline Legal News | 2017/09/06 08:48
The European Union's top court on Wednesday rejected legal action by Hungary and Slovakia to avoid accepting refugees under an EU scheme, a decision seen as a victory for countries bearing the greatest burden of Europe's migrant wave.

In a long-awaited ruling, the European Court of Justice said that it had "dismissed in its entirety the actions brought by Slovakia and Hungary."

EU countries agreed in September 2015 to relocate 160,000 refugees from Greece and Italy over two years, but only around 27,700 people have been moved so far. Hungary and Slovakia were seeking to have the legally binding move annulled.

Hungary and Poland have refused to take part in the scheme, while so far Slovakia has accepted only a handful of refugees from Greece.

The refugee scheme was adopted by the EU's "qualified majority" vote — around two thirds — and the ECJ held that this was appropriate, saying the EU "was not required to act unanimously" on this decision.

The court also noted that the small number of relocations so far is due to a series of factors that the EU could not really have foreseen, including "the lack of cooperation on the part of certain member states."

Slovakian Prime Minister Robert Fico said he respected the court decision, but that his government still does not like the relocation scheme, which some see as a system of quotas imposed on countries by unelected EU bureaucrats in Brussels.

"We fully respect the verdict of the European Court of Justice," Fico told reporters, adding that his country's negative stance on the relocation plan "has not changed at all."

Fico said the scheme was a temporary solution. He says he believes his country doesn't face any sanctions from the EU over its stance. EU officials say the relocation of eligible asylum-seekers in Greece and Italy will continue even after the scheme ends.



Military parts dealer guilty in plot to steal Army equipment
Headline Legal News | 2017/09/04 14:54
A military equipment dealer was convicted Thursday of scheming with soldiers at Fort Campbell, Kentucky, to steal sensitive material for sale to buyers in Russia, China and Mexico.

John Roberts, of Clarksville, Tennessee, was found guilty of conspiracy to steal and sell government property, two counts of violating the Arms Export Control Act and 10 counts of wire fraud. Prosecutors said he faces up to five years in prison for conspiracy and up to 20 years for each count of arms export violations and wire fraud.

More than $1 million in weapons parts, body armor, helmets, gun sights and other equipment was stolen and sold in a vast black market, prosecutors said. Six soldiers and another civilian pleaded guilty. One testified that Roberts was given a tour of the base to see items to be stolen. Eventually, they brought equipment back from Afghanistan and sold it by the truckload.



Indiana appeals court rules in transgender birth certificate case
Headline Legal News | 2017/09/02 14:54
The Indiana Court of Appeals has clarified the process transgender residents can use to legally change their names or birth certificates.

The court ruled unanimously in reversing a Tippecanoe County judge’s decision that required notices about name or gender changes to be published at least three times in a newspaper in the petitioner’s home county, The (Northwest Indiana) Times reported.

Appellate court Judge John Baker wrote that county judges can’t add conditions to requests for gender changes to birth certificates if a good faith test is satisfied.

A 2014 ruling by the court found that gender changes to birth certificates are allowed if a judge can determine it’s not being made for an unlawful purpose.

State law requires publication when changing names, though individuals who may be endangered by the publication are exempt.



South Korean court sentences Samsung heir to 5 years prison
Headline Legal News | 2017/08/24 23:08
A South Korean court sentenced the billionaire chief of Samsung to five years in prison for crimes that helped topple the country’s president, a stunning downfall that could freeze up decision making at a global electronics powerhouse long run like a monarchy.

The Seoul Central District Court said Friday that Lee Jae-yong, 49, was guilty of offering bribes to Park Geun-hye when she was South Korea’s president, and to Park’s close friend, to get government support for efforts to cement his control over the Samsung empire. The revelations that led to Lee’s arrest in February fed public outrage which contributed to Park’s removal.

A panel of three judges also found Lee guilty of embezzling Samsung funds, hiding assets overseas, concealing profit from criminal acts and perjury. Prosecutors had sought a 12-year prison term.

The court said Lee and Samsung executives who advised him caused “a big negative effect” to South Korean society and its economy.

“The essence of the case is unethical collusion between political power and capital,” the court said in a statement. It led the public to fundamentally question the public nature of the president’s work and to have “mistrust in the morality of the Samsung group,” it said.

The families who control South Korea’s big conglomerates, known as chaebol, were lionized a generation ago for helping to turn South Korea into a manufacturing powerhouse put public tolerance for double standards that put them above the law has been rapidly diminishing.

Analysts said the verdict will not immediately have an impact on Samsung’s business operations, which are overseen by three chief executives. The company has successfully weathered past crises that include two recalls of Galaxy Note 7 smartphones prone to catch fire and Lee’s arrest. It is set to report its highest-ever earnings this year.

But long-term business decisions, such as finding future growth areas and identifying companies for acquisitions, may have to be put on hold.


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