Court: Exec guilty over faulty French implants

Press Release 2013/12/12 13:18   Bookmark and Share
A disgraced French businessman was convicted of fraud and sentenced to four years in prison on Tuesday for filling tens of thousands of breast implants with industrial grade silicone. But he left the courthouse freely after lodging an appeal, and thousands of women will have to wait longer to discover if they will receive damages.

The ruling in the criminal case by a court in Marseille, which all the trappings of a class-action lawsuit, ordered up to 40 million euros ($55 million) in damages paid to a fraction of the 125,000 women worldwide who received the implants.

However, that sum for Jean-Claude Mas' company, Poly Implant Prothese, was largely theoretical because it is bankrupt, and because the appeal froze any efforts to find alternate sources. It will be months, if not years, before any women see money many say they need to remove the faulty, leak-prone implants.

In addition to his prison sentence, the French businessman was fined 75,000 euros ($103,000).

His lawyer promised to appeal immediately, and Mas left the courthouse without comment. The appeal freezes the jail term, fine and any damages.

Four managers in the now-defunct Poly Implant Prothese received lesser sentences.

The decision established a complex system of damages for about two-thirds of the 7,100 women who joined the case, with a potential total of 40 million euros ($55 million) to be paid by those convicted. But, like Mas' fine, it was not clear where that money would come from.
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Court looks at EPA rule on cross-state pollution

Topics in Legal News 2013/12/12 13:18   Bookmark and Share
The Supreme Court indicated Tuesday it could breathe new life into a federal rule requiring states to reduce power plant pollution from the South and Midwest that fouls the air in the eastern U.S.

Several justices suggested during a 90-minute argument that they believe the Environmental Protection Agency did not exceed its authority when it issued its cross-state air pollution rule in 2011. A divided federal appeals court panel invalidated the rule last year.

The EPA sought to reduce pollution from power plants in 28 states that drifts above states in the Northeast and Mid-Atlantic regions. Texas led 14 states and industry groups in challenging the rule. Most downwind states support it.

Justice Department lawyer Malcolm Stewart said the EPA is trying to be "an honest broker" between upwind and downwind states.

Sulfur dioxide and nitrogen oxide pollution from power plants can be carried long distances and the pollutants react with other substances to form smog and soot, which have been linked to illnesses. The cross-border pollution has prevented many cities from complying with health-based standards set by law.
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New Calif. court date set for ex-Nevada lawmaker

Headline Legal News 2013/12/09 13:38   Bookmark and Share
A California court date was pushed back again for a former Las Vegas-area lawmaker jailed since a freeway chase and scuffle with police the day he was expelled last March from the Nevada Assembly.

Prosecutor Shannon Faherty said a Friday court date for Steven Brooks was reset to Jan. 10 in San Bernardino County Superior Court in Victorville at his lawyer's request.

Brooks' defense attorney, Sean O'Connor, didn't immediately respond to a message.

Brooks pleaded not guilty Aug. 6 to felony evasion, obstructing an officer and throwing a substance at a police vehicle charges and misdemeanor harming a police animal.

He's being held at the San Bernardino County Jail on $100,000 bail.

The former North Las Vegas Democrat was expelled from the Legislature March 28 as a security threat.
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Dutch Supreme Court: Fortis was mismanaged

Topics in Legal News 2013/12/09 13:34   Bookmark and Share
The Netherlands' Supreme Court has upheld rulings that the now-defunct Belgian bank Fortis NV was mismanaged from September 2007 to September 2008, and its then-management board can be held accountable.

Friday's ruling opens the door for investor claims against former CEO Jean-Paul Votron, among others, though not former supervisory Chairman Count Maurice Lippens, whom lower courts found was too far removed from decision making to be held liable.

Fortis, Royal Bank of Scotland and Spain's Santander bought Dutch bank ABN Amro in a hostile takeover in 2007, nominally the largest in banking history.

Fortis agreed to buy ABN's Dutch operations for 24 billion euros in its part of the deal but was unable to finance the buy — which represented around half of its own total size — and eventually spiraled toward bankruptcy. The Dutch state ultimately nationalized all Fortis-ABN operations in the Netherlands in 2008 to avoid a meltdown of the country's financial system. The rescue has cost taxpayers at least 32 billion euros.
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Court Declines To Take Liberty University's Obamacare Lawsuit

Politics 2013/12/05 13:42   Bookmark and Share
The Supreme Court has turned away a Christian university's attempt to overturn a key part of the Obama administration's health care law.

The justices did not comment Monday in leaving in place a federal appeals court ruling dismissing Liberty University's lawsuit.

Liberty made several arguments in challenging the portion of the health care law that requires most employers to provide health insurance to their workers or pay a fine. The 4th U.S. Circuit of Appeals in Richmond, Va., rejected those claims.

The Supreme Court separately is considering whether for-profit corporations can mount religious objections to the law's requirement to include birth control among preventive health benefits.

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Court hears discrimination case over wedding cake

Headline Legal News 2013/12/05 13:42   Bookmark and Share
A Colorado baker who refused to make a wedding cake for a same-sex ceremony should not be forced to violate his religious beliefs, his attorney told a judge deciding whether the cake-maker should be made to accommodate gay couples. But an attorney representing a gay couple countered Wednesday that the baker's faith doesn't give him a right to discriminate.

At issue in the complaint from David Mullins and Charlie Craig against Masterpiece Cakeshop in suburban Denver is whether religious freedom can protect a business from discrimination allegations from gay couples.

Mullins and Craig wanted to buy a cake last year, but when one of the shop owners, Jack Phillips, found out the cake was to celebrate a gay wedding, he turned the couple of away and cited his religious faith.

"(His) faith, whatever it may have to say about marriage for same-sex couples or the expressive power of a wedding cake, does not give the respondents a license to discriminate," Amanda Goad, an attorney with the American Civil Liberties Union, told an administrative judge in Colorado's Civil Rights Commission.

Phillips' attorney, Nicolle Martin, said her client shouldn't be forced to ignore his Christian faith while running the business he's had for nearly 40 years. She said Phillips feels "privileged to design and create the cakes that celebrate the joyous events of people's lives."
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