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Mixed rulings for Republicans from Kentucky Supreme Court
Legal Line News |
2018/11/15 23:02
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In a pair of mixed rulings for Kentucky Republicans, the state Supreme Court on Thursday struck down a law requiring a panel of doctors to review medical malpractice cases before they go to court while upholding the state's law banning mandatory union dues for most employees.
Republicans celebrated when Gov. Matt Bevin signed both laws, made possible only after the GOP won control of the state House of Representatives in 2016 for the first time in nearly 100 years. Bevin has credited the union dues law, known as right-to-work, with boosting record levels of business investment in Kentucky. But the medical review panel law has been criticized for clogging the state's court system.
The medical review law gives a panel of doctors nine months to review medical malpractice lawsuits and issue an opinion about whether they are frivolous. A review of court records in August of this year by the Courier Journal found that in the first year the law was in effect, 11 percent of the 531 malpractice lawsuits filed had been assigned to a panel. Of those, findings had been issued in 3 percent.
The state legislature passed the law in 2017. Tonya Claycomb sued on behalf of her child, Ezra, who was born with severe brain damage and cerebral palsy she says was caused by medical malpractice. She argued the bill delayed her access to the courts, citing section 14 of the Kentucky Constitution. It says all courts shall be open and every person will have access "without ... delay."
Lawyers for Gov. Bevin argued the law is helpful because it gets the two sides talking before a lawsuit is filed, which could lead to an agreement to settle the case outside of court. They also pointed out the state has other laws that limit access to the courts, including requiring heirs to wait at least six months before suing the executor of an estate. |
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European court: Russia's arrests of Navalny were political
Court News |
2018/11/13 23:04
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The European Court of Human Rights ruled Thursday that Russian authorities' arrests of opposition leader Alexei Navalny were politically motivated, a decision that deals a blow to the Kremlin's dismissal of Navalny as a mere troublemaker.
Navalny hailed the ruling as an example of "genuine justice" and said it is an important signal for many people in Russia who face arbitrary detentions for their political activities.
The court's highest chamber found that Russian authorities violated multiple human rights in detaining Navalny seven times from 2012 to 2014, and that two of the arrests were expressly aimed at "suppressing political pluralism."
It ordered Russia to pay Navalny 63,000 euros ($71,000) in damages, and called on Russia to fix legislation to "take due regard of the fundamental importance of the right to peaceful assembly."
The ruling is final and binding on Russia as a member of the Council of Europe, the continent's human rights watchdog.
"I'm very pleased with this ruling — this is genuine justice," Navalny told reporters after the hearing. "This ruling is very important not only for me but also for many people in Russia who face similar arrests on a daily basis."
Russia is obliged to carry out the court's rulings, which enforce the European Convention on Human Rights , but it has delayed implementing past rulings from the court and argued against them as encroaching on Russian judicial sovereignty.
Navalny told reporters that he expects the Russian government to ignore this ruling and dismiss it on political grounds.
Navalny, arguably Russian President Vladimir Putin's most serious foe, has been convicted of fraud in two separate trials that have been widely viewed as political retribution for his investigations of official corruption and his leading role in staging anti-government protests.
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Trump moves to limit asylum; new rules challenged in court
Legal News Feed |
2018/11/10 15:13
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President Donald Trump issued a proclamation Friday to deny asylum to migrants who enter the country illegally, tightening the border as caravans of Central Americans slowly approach the United States. The plan was immediately challenged in court.
Trump invoked the same powers he used last year to impose a travel ban that was upheld by the Supreme Court. The new regulations are intended to circumvent laws stating that anyone is eligible for asylum no matter how he or she enters the country. About 70,000 people per year who enter the country illegally claim asylum, officials said.
“We need people in our country, but they have to come in legally,” Trump said Friday as he departed for Paris.
The American Civil Liberties Union and other legal groups swiftly sued in federal court in Northern California to block the regulations, arguing the measures were illegal.
“The president is simply trying to run roughshod over Congress’s decision to provide asylum to those in danger regardless of the manner of one’s entry,” said ACLU attorney Lee Gelernt.
The litigation also seeks to put the new rules on hold while the case progresses.
The regulations go into effect Saturday. They would be in place for at least three months but could be extended, and don’t affect people already in the country. The Justice Department said in a statement the regulations were lawful.
Trump’s announcement was the latest push to enforce a hard-line stance on immigration through regulatory changes and presidential orders, bypassing Congress, which has not passed any immigration law reform. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to retreat. |
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Ginsburg, 85, hospitalized after fracturing 3 ribs in fall
U.S. Court News |
2018/11/08 05:10
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Eighty-five-year-old Supreme Court Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital, the court said Thursday.
The court’s oldest justice fell Wednesday evening, the court said. She called Supreme Court police to take her to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight, court spokeswoman Kathy Arberg said.
She was admitted to the hospital for treatment and observation after tests showed she fractured three ribs.
In her absence, the court went ahead Thursday with a courtroom ceremony welcoming new Justice Brett Kavanaugh, who joined the court last month. President Donald Trump and new acting Attorney General Matthew Whitaker were on hand.
Ginsburg has had a series of health problems. She broke two ribs in a fall in 2012. She has had two prior bouts with cancer and had a stent implanted to open a blocked artery in 2014. She also was hospitalized after a bad reaction to medicine in 2009.
But she has never missed Supreme Court arguments. The court won’t hear arguments again until Nov. 26.
Rib fractures are common among older adults, particularly after falls. The severity depends in part on whether the ribs are cracked or broken all the way through, and how many are broken. The extent of Ginsburg’s injury was not clear.
A complete break requires making sure the two ends are in alignment, so that a sharp piece of bone doesn’t puncture nearby blood vessels or organs. Broken ribs typically heal on their own in six weeks to a month, and patients are advised to limit strenuous activity. But they can be very painful and controlling pain is key. A chief complication is pneumonia, when patients don’t breathe deeply enough or cough enough because of the rib pain.
Appointed by President Bill Clinton in 1993, Ginsburg rebuffed suggestions from some liberals that she should step down in the first two years of President Barack Obama’s second term, when Democrats also controlled the Senate and would have been likely to confirm her successor.
She already has hired clerks for the term that extends into 2020, indicating she has no plans to retire. Ginsburg leads the court’s liberal wing. |
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