Liberal Dallet easily takes Wisconsin Supreme Court race

Attorney News 2018/04/02 21:34   Bookmark and Share
Rebecca Dallet, a liberal Milwaukee judge, easily defeated conservative Michael Screnock on Tuesday in the race for Wisconsin Supreme Court, fueling optimism among Democrats for more victories in the fall midterms.

The win in the first statewide general election in the country this year forced Gov. Scott Walker, who endorsed Screnock, to warn his fellow Republicans.

"Tonight's results show we are at risk of a #BlueWave in WI," Walker, who is up for re-election in November, tweeted. "Big government special interests flooded Wisconsin with distorted facts & misinformation. Next, they'll target me and work to undo our bold reforms."

Although the race was viewed by some as a bellwether, results of past Supreme Court elections have not consistently proven to be predictive of what will happen in November. President Donald Trump won the state by less than 1 percentage point in 2016, while Dallet thumped Screnock by double digits.

She won by a nearly 12-point margin with 87 percent of precincts reporting, based on unofficial results.

The race for a 10-year seat was nonpartisan in name only, with millions in ad spending and public endorsements from the likes of Joe Biden, Eric Holder and the National Rifle Association.

Dallet said her victory, which Democrats quickly seized on as another sign of momentum, was a rejection of special interest influence on Wisconsin's Supreme Court.

"The candidate with the most experience in our courts and standing up for the fairness of our courts won," she said. "I think people are tired of what's been going on in our state in terms of the money coming in to buy these elections and people spoke out tonight."

Screnock said he was proud of his campaign, in the face of "tremendous outside influence from liberal special interest groups that were willing to say and spend anything to elect their preferred candidate to the bench."

Wisconsin Democratic Party Chairwoman Martha Laning said the win was a warning shot to Walker, calling it a "huge loss" for him because his "endorsement, philosophy and politics were on the ballot."

One of the Democratic challengers to Republican House Speaker Paul Ryan, of Wisconsin, immediately tried to raise money off the Dallet win. Randy Bryce called the Dallet win "a rallying cry for working folks."

Screnock, a Sauk County circuit judge, was endorsed by Walker and backed by about $400,000 from the state GOP.
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South Carolina court questions transportation tax spending

Attorney News 2018/03/07 23:03   Bookmark and Share
The South Carolina Supreme Court is questioning how a county is spending transportation tax money.

The court said Wednesday the state revenue department did not have the authority to withhold payments to Richland County.

But the justices also said the revenue department's request for an injunction preventing the county from spending the money should have been approved.

The Supreme Court said a lower court judge should require the county to establish safeguards to make sure the money is spent only on transportation-related projects and some administrative costs.

The high court said the lower court judge could also order the county to repay any previous improper spending.

A county spokeswoman said the ruling is being reviewed by its attorneys.
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Organized labor case goes in front of Supreme Court

Attorney News 2018/03/05 23:05   Bookmark and Share
The Supreme Court is hearing arguments in a case that could deal a painful financial blow to organized labor.

All eyes will be on Justice Neil Gorsuch Monday when the court takes up a challenge to an Illinois law that allows unions representing government employees to collect fees from workers who choose not to join. The unions say the outcome could affect more than 5 million government workers in 24 states and the District of Columbia.

The court split 4-4 the last time it considered the issue in 2016. Gorsuch joined the court in April and has yet to weigh in on union fees. Organized labor is a big supporter of Democratic candidates and interests. Unions strongly opposed Gorsuch's nomination by President Donald Trump.

Illinois government employee Mark Janus says he has a constitutional right not to contribute anything to a union with which he disagrees. Janus and the conservative interests that back him contend that everything unions representing public employees do is political, including contract negotiations.

The Trump administration is supporting Janus in his effort to persuade the court to overturn its 1977 ruling allowing states to require fair share fees for government employees.

The unions argue that so-called fair share fees pay for collective bargaining and other work the union does on behalf of all employees, not just its members. People can't be compelled to contribute to unions' political activities.
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Greek court postpones decision in Turkish extradition case

Attorney News 2018/02/07 23:36   Bookmark and Share
A Greek court postponed ruling Tuesday on a Turkish extradition request for the second of nine Turkish citizens alleged to be left-wing militants and arrested in November, days before an Athens visit by Turkish President Recep Tayyip Erdogan.

Naci Ozpolat, 48, a Turkish citizen of Kurdish origin, is wanted by Turkey on charges of assisting a terrorist organization. He attended the hearing the court ended up adjourning until March 6, saying it needed more information from Turkey.

The nine suspects were arrested for alleged links to the Revolutionary People's Liberation Party-Front, which Turkey, the United States and the European Union have deemed a terrorist organization.

Turkey has charged them with terrorism-related offenses, forgery, arms and explosives possession and resisting arrest. All deny the charges.

A Greek court last week rejected a similar extradition request for the first of the nine on grounds he had been granted refugee status in France. The court said he was at risk of facing torture or other inhumane treatment if he were returned to Turkey.
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German Court: Kuwait Airways Can Refuse Israeli Passengers

Attorney News 2017/11/14 16:10   Bookmark and Share
A German court ruled Thursday that Kuwait's national airline didn't have to transport an Israeli citizen because the carrier would face legal repercussions at home if it did.

The Frankfurt state court noted in its decision that Kuwait Airways is not allowed to have contracts with Israelis under Kuwaiti law because of the Middle Eastern country's boycott of Israel.

The court said it didn't evaluate whether "this law make sense," but that the airline risked repercussions that were "not reasonable" for violating it, such as fines or prison time for employees.

An Israeli citizen, who was identified in court papers as Adar M., a student living in Germany, sued Kuwait Airways after it canceled his booking for a flight from Frankfurt to Bangkok that included a stop-over in Kuwait City.

The cancellation came a few days before M.'s scheduled departure in August 2016 when he revealed he had an Israeli passport. The airline offered to book him on a nonstop flight to Bangkok with another carrier.

The man refused the offer and filed the lawsuit, seeking compensation for alleged discrimination. He also insisted the airline should have to accept him as a passenger.

The court rejected his discrimination claim ruling that German law covers discrimination based on race, ethnicity or religion, but not nationality.

Germany's Central Council of Jews condemned the ruling, calling it "unbearable that a foreign company operating based on deeply anti-Semitic national laws is allowed to be active in Germany."

Frankfurt Mayor Uwe Becker expressed a similar view. "An airline that practices discrimination and anti-Semitism by refusing to fly Israeli passengers should not be allowed to takeoff or land in Frankfurt," Becker said.

Courts in the United States and Switzerland previously have ruled in favor of plaintiffs in comparable cases, the German news agency dpa reported.
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Samsung worker killed by brain tumor wins compensation case

Attorney News 2017/11/10 16:11   Bookmark and Share
Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.

The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.

Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.

Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.

An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.

The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.

The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.

The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.

Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee.

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