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UK Supreme Court declines appeal from parents of ill toddler
Legal Business |
2018/04/20 11:58
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Britain’s Supreme Court declined Friday to hear an appeal from a mother and father who want to take their terminally ill toddler to Italy for treatment instead of allowing a hospital to remove him from life support.
The decision is another setback for the parents of 23-month-old Alfie Evans, who have been engaged in a protracted legal fight with Alder Hey Children’s Hospital over their son’s care.
The Supreme Court decision means an earlier Court of Appeal ruling will stand. Justices in that court upheld a lower court’s conclusion that it would be pointless to fly the boy to Rome for treatment.
Alfie is in a “semi-vegetative state” as the result of a degenerative neurological condition that doctors have been unable to definitively identify. Earlier court rulings blocked further medical treatment and ordered the boy’s life support to be withdrawn.
In appealing the rulings, Alfie’s parents, Tom Evans, 21, and Kate James, 20, argued their son had shown improvement in recent weeks. But doctors said his condition was irreversible.
Pope Francis prayed Sunday for Alfie and others who are suffering from serious infirmities.
It was the second time the pope offered his views about a case involving a terminally ill British child. In July, Francis spoke out on behalf of Charlie Gard, who died a week before his first birthday from a rare genetic disease after his parents fought in court to obtain treatment for him outside of Britain. |
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Russian court blocks popular messaging app in privacy row
Legal Business |
2018/04/12 11:01
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A Russian court on Friday ordered the blocking of a popular messaging app, Telegram, after it rejected to share its encryption data with authorities.
The Moscow court on Friday ruled in favor of the Russian communications watchdog, which had demanded that Telegram be blocked in Russia until it hands over the keys to its encryption.
The ban comes after a protracted dispute between Telegram and Russian authorities, who insist they need access to the encryption keys to investigate serious crimes, including terrorist attacks. Telegram is arguably the first widely popular means of communications in Russia that has been officially banned.
Telegram, a popular app developed by Russian entrepreneur Pavel Durov, argues that Russia's FSB intelligence service is violating consumer rights, while authorities say the app has been used by violent extremists.
Durov had asked his lawyers not to attend Friday's court hearing because he said he saw the verdict as a foregone conclusion.
Pavel Chikov, one of Telegram's lawyers, said in a post on his Telegram channel that the company would not back down in the face of the Russian intelligence services because the court hearing, which lasted about 20 minutes, showed that the case against Telegram is politically motivated. |
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Budget bill likely would end Supreme Court email search case
Legal Business |
2018/03/19 14:21
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The budget bill before Congress includes an update to federal law that makes clear that authorities with a warrant can obtain emails and other data held by American technology companies but stored on servers overseas.
Passage of the Cloud Act probably would end a Supreme Court dispute between Microsoft and the Trump administration over emails the government wants as part of a drug trafficking investigation.
U.S. authorities obtained a warrant for the emails, but Microsoft has refused to provide the emails because they are kept on a Microsoft server in Ireland.
The Cloud Act has the backing of both the administration and Microsoft, but it's opposed by privacy groups. In particular, those groups object to parts of the plan that would regulate how foreign governments could obtain data from U.S. companies.
Congress could vote on the $1.3 trillion budget bill by week's end. Sen. Rand Paul, R-Ky., has raised questions about the Cloud Act and also opposes the overall spending bill.
Searches of data stored electronically are covered by a 1986 law written long before the advent of cloud computing and the construction. |
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Appeals court weighs resuming pipeline project in Louisiana
Legal Business |
2018/03/12 14:12
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A company building a crude oil pipeline in Louisiana is asking a federal appeals court to allow it to resume construction work in an environmentally fragile swamp.
A three-judge panel from the 5th U.S. Circuit Court of Appeals is scheduled to hear arguments Tuesday on Bayou Bridge Pipeline LLC's request. The company is seeking an "emergency stay" that would lift a court-ordered halt in pipeline construction in the Atchafalaya Basin.
On Feb. 23, U.S. District Judge Shelly Dick sided with environmental groups and issued a preliminary injunction that suspended work in the basin until the groups' lawsuit is resolved. The judge concluded the project's irreversible environmental damage outweighs the economic harm that a delay brings to the company. And on Thursday, she refused to suspend her own ruling while the company appeals it.
In court filings, company attorneys claim Dick's ruling "fails the basic requirements" for issuing such an order. The basin accounts for approximately 23 miles (37 kilometers) of the pipeline's 162-mile-long (261-kilometer) path from Lake Charles to St. James Parish.
Dick's order only applies to the basin and doesn't prevent the company from working elsewhere along the route. The company said the work stoppage is costing it up to $500,000 per day in labor expenses and $6 million per month in lost revenue. The judge said the company's estimated losses aren't supported by the "underlying data."
Sierra Club and other environmental groups sued the U.S. Army Corps of Engineers in January, saying it violated the Clean Water Act and other environmental laws when it approved a permit for the project.
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Court: US anti-discrimination law covers sexual orientation
Legal Business |
2018/02/27 19:24
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A New York federal appeals court says U.S. anti-discrimination law protects employees from being fired due to sexual orientation.
The 2nd U.S. Circuit Court of Appeals ruled Monday. The decision stemmed from a rare meeting of the full appeals court, which decided to go against its precedents.
Three judges dissented. The ruling pertained to a skydiver instructor who said he was fired after telling a client he was gay.
The case led to two government agencies offering opposing views. The Equal Employment Opportunity Commission said Title VII of the 1964 Civil Rights Act covers sexual orientation. The Department of Justice had argued that it did not.
Donald Zarda was fired in 2010 from a skydiving job in Central Islip (EYEl-slihp), New York. He has since died. |
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