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Articles related to "court"


LGBTQ caravan migrants may have to 'prove' their gender at the US border when seeking asylum

  • My own research has focused on another hurdle LGBTQ people face when seeking asylum: proving their gender or sexual identity.
  • Throughout the 1990s and into the early 2000s, courts often used gendered stereotypes — the effeminate gay man or the butch lesbian — to determine a person's sexuality in LGBTQ asylum claims.
  • Instead of relying on stereotypes and sex acts, judges today generally respond positively to stories about how claimants came to realize they were LGBTQ or "different" as proof of their sexual or gender identity.
  • Honduran transgender Alexa Amaya, who is traveling with the migrant caravan hoping to reach the U.S. border, tries on a pushup bra she selected from a pile of donated clothing left alongside the roadRodrigo Abd/AP PhotoThis means that not everyone will have a neat, linear story to tell about how they came to a particular gender or sexual identity.

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AMP class action beauty parade turns ugly

  • By June 7 there were three more law firms – Maurice Blackburn, Slater & Gordon and Shine Lawyers – in the Federal Court, all wanting not just a slice but the whole cake that is the AMP class action.
  • As much was said by Phi Finney McDonald's barrister Alec Leopold, SC, who said AMP's admissions at the royal commission were "explicit", "damning" and "extensive" and the case had a good prospect of settling at an early mediation because there was no need to wait for discovery.
  • In that case three law firms – Phi Finney McDonald, Squire Patton Boggs and Corrs Chambers Westgarth – all competed in a so-called "beauty parade" for the prize of running the class action.
  • Typically a funder lays a claim to about 25 to 35 per cent of a settlement or court-ordered compensation, but in the case of AMP the beauty parade is driving down commissions, to the benefit of shareholders.

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Monsanto Paid Internet Trolls to Counter Bad Publicity?

  • Newly released court documents show that Monsanto has been accused of using third-parties to hire an army of internet trolls to post positive comments on websites and social media about Monsanto, its chemicals and GMOs, and downplay the potential safety risks surrounding the company’s popular glyphosate herbicide.
  • Hundreds of people from California and across the United States have filed Roundup cancer lawsuits against Monsanto, alleging that exposure to Roundup weed killer caused them or their loved ones to develop non-Hodgkin lymphoma.
  • According to the court documents, Monsanto started the aptly-named ‘Let Nothing Go’ campaign, which plaintiffs’ attorneys in the Roundup litigation believe is part of the agrochemical giant’s tort defense strategy to work furiously outside the courtroom producing carefully-timed “literature” and regulatory decisions that could sway the court.

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One of Google's new sexual-harassment policies could be the key to changing all of Silicon Valley's bro culture

  • After The New York times published an explosive story on how the company previously protected one of its star engineers, Andy Rubin, amid a sexual-misconduct investigation, Google CEO Sundar Pichai revealed the company has fired 48 employees for sexual harassment in the last two years.
  • On Thursday, Google published new policies for how the company will handle sexual harassment after employees staged a walkout and sent the company a list of five demands.
  • While Google clearly hasn't given up forced arbitration in general, making it optional for sexual-harassment cases is a huge step for Silicon Valley.
  • About a year ago, Microsoft also removed its forced-arbitration clause for sexual-harassment claims and endorsed a Senate bill attempting to make such a change the law of the land.
  • Uber followed suit in May. Ideally, companies would simply stop making their employees waive their rights to sue in regular courts for every issue, not just sexual-harassment claims.

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Akorn CEO Steps Down After Loss of $4.3 Billion Fresenius Deal

  • Akorn Inc.’s CEO stepped down after the Delaware Supreme Court ruled that a rapid downturn in its business was grounds for Fresenius SE to walk away from a $4.3 billion buyout of the generic drugmaker.
  • Officials of Akorn said on Friday that Chief Executive Raj Rai was retiring now that its dispute with the German pharma company had been ended by the appellate court’s decision.
  • But the case marked the first time the Delaware trial court had decided whether an acquiring company can cancel a purchase because the target’s business experienced a “material adverse change” before the deal closed, and the first time the Delaware Supreme Court had upheld such a finding.
  • Akorn officials claimed Fresenius focused on minor regulatory and manufacturing miscues as a pretext for canceling the buyout after suffering “buyer’s remorse.” Fresenius had experienced some of the same kinds of operational problems, they said.

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This justice began the Supreme Court's conservative transformation

  • Through his opinions, Alito, who succeeded centrist Justice Sandra Day O'Connor in 2006, has moved the court to the right on reproductive rights, religious freedom, job discrimination and campaign finance regulations.
  • More critically for the law, Alito has written some of the court's most substantial and controversial, opinions, from the 2007 Lilly Ledbetter pay-discrimination case to last term's labor union dispute.
  • Bush nominated Alito for the O'Connor seat, law professors and legal experts speculated about how far the court might turn to the right -- not unlike the current situation as Kavanaugh has succeeded the moderate conservative Justice Anthony Kennedy.
  • In a separate 5-4 case in 2014, combining religious interests and reproductive rights, Alito wrote the court's opinion to allow the Hobby Lobby craft chain and other Christian-run for-profit corporations to escape an Obama administration rule that their insurance cover contraceptives.

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Special counsel Robert Mueller submits court filing detailing how Paul Manafort allegedly lied to the government

  • Special counsel Robert Mueller has filed a court document on alleged lies told by Paul Manafort to Mueller's team in violation of the plea deal signed by the ex-Trump campaign chairman.
  • Before the filing was released, a federal judge ordered Mueller to file his full submission about ex-Trump campaign chairman Paul Manafort's "crimes and lies" out of public view.
  • U.S. District Judge Amy Berman Jackson granted Mueller's request to file under seal the "unredacted version" of the court document, in which the special counsel was expected to defend its determination that Manafort lied to investigators in violation of the terms of his plea deal.
  • In September, on the eve of a second trial in U.S. District Court in Washington, Manafort struck a deal with Mueller in which he pleaded guilty to two counts of conspiracy, one of which related to money earned from his work in Ukraine, the other of which was related to his effort to tamper with witnesses against him.

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Tennessee executes 2nd inmate in 2 months using electric chair

  • Miller, 61, waived his right to be executed by lethal injection last month, according to CNN affiliate WTVF, instead electing to be put to death in the electric chair.
  • Any death row inmate who was convicted of a capital offense before January 1, 1999, can instead choose electrocution over lethal injection, according to Tennessee law.
  • His attorneys argued in court filings that death by both lethal injection and the electric chair would cause him to suffer and constitute cruel and unusual punishment, violating his constitutional rights.
  • Miller, Zagorski and Tennessee's other death row inmates had previously tried to challenge the state's lethal injection protocol, saying it constituted cruel and unusual punishment, a violation of the Eighth Amendment.
  • While death by electrocution might not sound like it would be less cruel than lethal injection, the constitutionality of the latter method has been called into question in recent years after a series of so-called "botched executions" that used the sedative midazolam.

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Federal prosecutors in New York call for 'substantial term' in prison for Trump's ex-lawyer Michael Cohen

  • Federal prosecutors in New York have filed their sentencing memo for President Donald Trump's former personal attorney Michael Cohen.
  • Cohen's admission to that new charge lodged by Mueller was the second time this year he has pleaded guilty in U.S. District Court in Manhattan.
  • Pauley had ordered both Mueller's team and the Manhattan-based federal prosecutors to file their separate sentencing submissions by 5 p.m. ET on Friday.
  • They asked Pauley to sentence Cohen to no time in prison, citing his ongoing cooperation with Mueller's investigation, and probes by other authorities.
  • Cooperating with the special counsel's probe appears to be paying off for Michael Flynn, Trump's former national security advisor who pleaded guilty in December 2017 to lying to the FBI.
  • In a heavily redacted court document filed Tuesday night, Mueller recommended a light sentence for Flynn, citing the "substantial assistance" he provided to investigators over 19 interviews.

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The US wants to charge Huawei CFO with fraud related to trade sanctions, prosecutors say

  • VANCOUVER/TORONTO — U.S. prosecutors want a top executive of China's Huawei Technologies to face charges of fraud linked to the skirting of Iran sanctions, a Vancouver court heard on Friday.
  • The arrest, revealed by Canadian authorities late on Wednesday, was part of a U.S. investigation into an alleged scheme to use the global banking system to evade U.S. sanctions against Iran, people familiar with the probe told Reuters.
  • Chinese Foreign ministry spokesman Geng Shuang said on Friday that neither Canada nor the United States had provided China any evidence that Meng had broken any law in those two countries, and reiterated Beijing's demand that she be released.
  • Huawei staff briefed on an internal memo told Reuters on Friday the company had appointed Chairman Liang Hua as acting CFO following Meng's arrest.

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