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Transgender woman in Supreme Court case 'happy being me'
Headline News | 2019/10/02 02:09
Aimee Stephens lost her job at a suburban Detroit funeral home and she could lose her Supreme Court case over discrimination against transgender people. Amid her legal fight, her health is failing.

But seven years after Stephens thought seriously of suicide and six years after she announced that she would henceforth be known as Aimee instead of Anthony, she has something no one can take away.

The Supreme Court will hear Stephens' case Oct. 8 over whether federal civil rights law that bars job discrimination on the basis of sex protects transgender people. Other arguments that day deal with whether the same law covers sexual orientation.

The cases are the first involving LGBT rights since the retirement of Justice Anthony Kennedy, the court's gay-rights champion and decisive vote on those issues. They probably won't be decided before spring, during the 2020 presidential campaign.

The 58-year-old Stephens plans to attend the arguments despite dialysis treatments three times a week to deal with kidney failure and breathing problems that require further treatment. She used a walker the day she spoke to AP at an LGBT support center in the Ferndale suburb north of Detroit.


EU court: ‘Active consent’ required for cookie storage
Attorneys News | 2019/10/02 02:08
The European Union’s top court has ruled that website operators must secure internet users’ “active consent” to their storage of so-called cookies.

The European Court of Justice’s ruling Tuesday was prompted by a dispute between German firm Planet49 and a German consumer organization over the company’s use of a pre-ticked checkbox for participants in online promotional games to secure consent to cookie storage.

Judges found that EU law’s requirement for users to consent to storage of and access to cookies on their devices isn’t covered by a pre-checked box that the user “must deselect to refuse his or her consent.”

They said specific consent must be obtained. They also said the service provider must tell users how long the information about them will operate and whether third parties may access them.


Bulgarian court to eye revoking parole for Australian man
Law Firm Business | 2019/09/30 02:09
Bulgaria's highest court says it will look into a petition by the chief prosecutor to revoke the parole by a lower court to an Australian man convicted of fatally stabbing a Bulgarian student during a 2007 brawl.

The Supreme Court of Cassation announced Thursday it will hold a hearing Oct. 23 to review a lower court's ruling to grant parole to Jock Palfreeman. The Australian man had served 11 years of his 20-year prison sentence when a three-judge Court of Appeals panel unexpectedly ordered him freed last Thursday.

The 32-year-old left prison but was transferred to an immigration detention facility to await a new passport from the nearest Australian Embassy, in Athens.

The release of the Australian has sparked angry reactions among Bulgarians, who accused the judiciary of double standards and a leniency toward foreigners.


Trial begins Monday in Kansas abortion stalking lawsuit
Court Center | 2019/09/25 02:08
A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester.

Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart.

The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later.

U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution.

Kings coach Walton focused on team, not lawsuit

Sacramento Kings first-year coach Luke Walton says he is focused on his team and not worried about a lawsuit accusing him of sexual assault.

Walton spoke publicly Friday at Kings media day for the first time since a former sportscaster filed a civil suit against him in April accusing him of the assault.

"I'm here to do my job and focus on the Kings," Walton said. "The rest will take care of itself."

Walton was hired by the Kings in April, soon after being fired following three seasons as coach of the Los Angeles Lakers. He was sued shortly after being hired by Kelli Tennant, a former host on Spectrum SportsNet LA, who accused him of sexually assaulting her in a hotel room in 2014 when he was an assistant with the Golden State Warriors and harassing her after that during his tenure with the Lakers.

The Kings and the NBA investigated the charges but took no action against Walton when "investigators determined that there was not a sufficient basis to support the allegations." Tennant did not participate in the investigation.


Dutch Supreme Court asked to clarify euthanasia case
Legal Interview | 2019/09/23 02:09
Prosecutors have asked the Netherlands' Supreme Court to clarify legal matters in a landmark euthanasia case, saying Thursday they want to lay down unambiguous jurisprudence for the future.

The Public Prosecution Service said by instituting "cassation in the interest of the law" proceedings they aim to clarify how doctors deal with euthanasia on "incapacitated patients" without subjecting a doctor acquitted at a trial to a new legal battle.

Prosecutors said in a statement they want "legal certainty to be created for doctors and patients about this important issue in euthanasia legislation and medical practice."

The retired nursing home doctor was cleared earlier this month by judges in The Hague who ruled that she adhered to all criteria for carrying out legal euthanasia when she administered a fatal dose of drugs to a 74-year-old woman with severe dementia.

The cassation proceedings mean that the doctor's acquittal will not be called into question.

The doctor carried out euthanasia on the woman in 2016, acting on a written directive the patient had drawn up earlier. The woman later gave mixed signals about her desire to die, but the doctor, in close consultation with the woman's family, decided to go ahead with the mercy killing.

The Hague District Court ruled that in rare cases of euthanasia on patients with severe dementia - and who had earlier made a written request for euthanasia - the doctor "did not have to verify the current desire to die."

Prosecutors said they disagreed with the Hague court and want the Supreme Court to rule on legal issues in the case.


Activist loses UK court case on police facial recognition
Headline News | 2019/09/10 22:31
A British court ruled Wednesday that a police force's use of automated facial recognition technology is lawful, dealing a blow to an activist concerned about its implications for privacy.

Existing laws adequately cover the South Wales police force's deployment of the technology in a trial, two judges said , in what's believed to be the world's first legal case on how a law enforcement agency uses the new technology.

The decision comes amid a broader global debate about the rising use of facial recognition technology. Recent advances in artificial intelligence make it easier for police to automatically scan faces and instantly match them to "watchlists" of suspects, missing people and persons of interest, but it also raises concerns about mass surveillance.

"The algorithms of the law must keep pace with new and emerging technologies," Judges Charles Haddon-Cave and Jonathan Swift said.

Ed Bridges, a Cardiff resident and human rights campaigner who filed the judicial review, said South Wales police scanned his face twice as it tested the technology - once while he was Christmas shopping in 2017 and again when he was at a peaceful protest against a defense expo in 2018.

"This sinister technology undermines our privacy and I will continue to fight against its unlawful use to ensure our rights are protected and we are free from disproportionate government surveillance," he said in a statement released by Liberty, a rights group that worked on his case.


Court rules Rams lawsuit can be heard in St. Louis courtroom
Law Firm Business | 2019/09/09 05:27
The Missouri Supreme Court has ruled that a lawsuit filed over the Rams' departure from St. Louis will be heard in a St. Louis courtroom, a defeat for the NFL team's owner who sought to send the case to arbitration.

The court issued its ruling Tuesday in a lawsuit filed by St. Louis city and county and the St. Louis Regional Convention and Sports Complex Authority, which owns the domed stadium where the Rams formerly played. It named Rams owner Stan Kroenke, who moved the team to Los Angeles for the 2016 season, the NFL and league owners.

It wasn't immediately clear if an appeal was planned. Messages left Wednesday with the Rams, Kroenke's attorney and the NFL were not immediately returned

The lawsuit alleged that the Rams' departure violated a 1984 league guideline that was established after the Raiders moved from Oakland to Los Angeles. The league, the Rams and Kroenke have argued that the disagreements should be settled behind closed doors in arbitration.

The suit seeks financial damages, but a win for the city, county and dome authority would not return the team to St. Louis.

The Rams' departure left a bitter taste in St. Louis, which lost an NFL team for the second time in 30 years ? the Cardinals moved to Arizona in 1987.

Last month, a judge gave preliminary approval to the settlement of a separate suit filed on behalf of fans who bought St. Louis Rams tickets and team merchandise. The settlement could be worth up to $25 million. The lawsuit claimed fans would not have purchased the tickets and goods if they knew about the impending move.


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