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Wash. Senate hopeful sought to seal court files
Top Legal News |
2012/07/20 18:31
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A couple months before Brad Toft emerged as the only Republican in a crucial state Senate race, he pressed officials to seal records from a past court case.
In a signed letter, Toft seemed to suggest that he wasn't the same person cited in the court files, saying that he shared a name with one of the parties but arguing that "the specific identity of the defendant is unclear." He wanted the records blocked from public inspection, declaring that the files might do damage to his reputation.
Toft, however, acknowledged to The Associated Press that he was the defendant in the case, saying he was simply exploring whether an old judgment could be vacated. |
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Minnesota court upholds aiding suicide conviction
Court Center |
2012/07/18 23:31
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The Minnesota Court of Appeals on Tuesday upheld the convictions of a former nurse who hunted for suicidal people in online chat rooms and encouraged two to kill themselves, saying his actions were not protected speech.
William Melchert-Dinkel, 49, of Faribault, was convicted in 2011 of two counts of aiding suicide. He acknowledged that what he did was morally wrong but argued that he merely exercised his right to free speech. The appeals court disagreed.
"We are confident that the Constitution does not immunize Melchert-Dinkel's morbid, predatory behavior simply because it appears in the form of written words," the justices' 31-page decision said.
Melchert-Dinkel's attorney, Terry Watkins, said that while his client's actions are unsavory, he still believes they are protected by the First Amendment. He plans to appeal to the state Supreme Court. |
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Japan whistleblower sidelined despite court ruling
Legal Interview |
2012/07/11 22:49
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An employee at Japanese medical equipment maker Olympus said Wednesdaythat his humiliating treatment has not changed despite a Supreme Courtruling that his demotion for whistleblowing was illegal.Masaharu Hamada said he is still isolated in the office and after lastmonth's court judgment is not given any work. His was the firstwhistleblower case to reach Japan's highest court.His lawyer Koichi Kozen said Hamada may have to file another lawsuit,complaining of human rights violations. Japan remains behind Westerncountries in penalizing companies that fail to abide by court rulings,and some fines are so small companies would rather pay up than abide,Kozen said."We would hope the company would respond quickly, but there has beenno response," Kozen said. "We want Mr. Hamada to get a new assignment,where he can be happy."Hamada, 51, an Olympus salesman with experience in the United States,first sued in 2008, alleging punishment for relaying a supplier'scomplaint.He is considered a whistleblower in Japan because he raised questionsabout colleagues' professional behavior and was subjected to bizarreand humiliating punishment, such as taking rudimentary tests. |
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NY Court: Gay Marriage Caucus Didn’t Break Rules
Headline News |
2012/07/09 22:41
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A state appeals court rejected a challenge to New York’s year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters, including Gov. Andrew Cuomo, did not violate any laws.
The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York’s open meeting rules ahead of the law’s passage last year.
The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official. |
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Cal Supreme Court rules in child death case
Legal Watch |
2012/07/06 23:33
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Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.
The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times reported.
"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.
"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.
The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.
The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle. |
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Report: Syracuse sex-abuse probe prompt but flawed
Court Center |
2012/07/06 22:08
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Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.
Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.
The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."
Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.
Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public. |
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Court knocks down BASF, Shell Brazil payment
Court Center |
2012/07/05 09:20
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Brazil's top labor court has knocked down a judge's order that Shell Brasil SA and BASF SA deposit $382 million into a fund for workers allegedly contaminated at a chemicals plant.
An emailed statement from the court Wednesday says its lead judge ruled a day earlier in favor of an appeal against immediate payment. A class-action lawsuit seeking compensation from the companies remains before the labor court.
A federal judge in late June ordered the subsidiaries of Royal Dutch Shell PLC and BASF SE to pay into the fund now. Prosecutors sought the order, saying the cash should be immediately available in case workers win the overall lawsuit.
Both Shell and BASF welcomed the new ruling and say they will abide by all legal decisions in the case.
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