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Court: Exec guilty over faulty French implants
Law Firm Press |
2013/12/12 22:01
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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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NY court: Reporter shielded in Colo. shooting case
Headline News |
2013/12/12 22:00
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A Fox News reporter is protected by New York law from being forced to reveal her sources for a story about the suspect in the mass shooting that left 12 people dead in a suburban Denver movie theater last year, the state's top court ruled Tuesday.
The state's shield law supports refusing to recognize a Colorado court's petition for a subpoena, the New York Court of Appeals ruled, 4 to 3.
Lawyers for the suspect, James Holmes, wanted New York-based reporter Jana Winter brought to Colorado to name two law officers who told her Holmes had mailed a notebook depicting violence to a psychiatrist. They argued that the sources violated a judge's gag order, may have lied under oath about that and won't be credible as trial witnesses.
"There is a substantial likelihood that a New York reporter will be compelled to divulge the identity of a confidential source (or face a contempt sanction) if required to appear in the other jurisdiction _ a result that would offend the core protections of the shield law, a New York public policy of the highest order," the court said in overturning a mid-level appeals court's decision supporting the subpoena.
One dissenting judge said New York's law does not protect Winter because the privileged communications with her sources took place in another state. |
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New Calif. court date set for ex-Nevada lawmaker
Headline News |
2013/12/09 22:34
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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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Haiti protest derides Dominican court ruling
Law Firm Press |
2013/12/09 22:34
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Hundreds of protesters gathered Friday to criticize a recent court decision in the Dominican Republic that could strip the citizenship of generations of people of Haitian descent living in the neighboring country.
The crowd peaked at about 2,000 people but thinned out during the march uphill to the Dominican Embassy to protest the decision passed two months ago by that country's court. The demonstrators urged people to boycott travel to the Dominican Republic.
Riot police set up metal barricades on a major thoroughfare that block protesters from reaching the district where the diplomatic mission is located.
The ruling has been met with sharp objection, from Caribbean leaders to the United Nations. On Friday, the Inter-American Commission on Human Rights became the latest international entity to oppose the court decision, calling on the Dominican government to take urgent measures to guarantee the rights of those people affected.
Advocacy groups estimate 200,000 people, many of them of Haitian descent, could lose their Dominican citizenship because of the court ruling. Dominican officials say only about 24,000 would be affected. |
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Court Won't Hear Appeal Of New York Internet Taxation
Headline News |
2013/12/05 22:43
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The Supreme Court on Monday refused to consider throwing out New York state's taxes on Internet purchases on websites like Amazon.com, a move that could change the way Internet commerce works.
The high court refused without comment to hear appeals from Amazon.com LLC and Overstock.com Inc., in their fights against a state law that forces them to remit sales tax the same way in-state businesses do.
Web retailers generally have not had to charge sales taxes in states where they lack a store or some other physical presence. But New York and other states say that a retailer has a physical presence when it uses affiliates — people and businesses that refer customers to the retailer's website and collect a commission on sales. These affiliates range from one-person blogs promoting the latest gadgets to companies that run coupon and deal sites.
Amazon and Overstock both use affiliate programs. Amazon has been collecting sales tax in New York as it fights the state over a 2008 law that was the first to consider local affiliates enough of an in-state presence to require sales tax collection. Overstock ended its affiliate program in 2008 after the law passed.
The Supreme Court refusal to hear the websites' appeal likely will prompt more and more states to attempt to collect taxes from website purchases. Around 20 states, including New York, already have similar laws on the books. The National Council of State Legislatures estimated that states lost an estimated $23.3 billion in 2012 from being prohibited from collecting sales tax from online and catalog purchases. |
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Court Declines To Take Liberty University's Obamacare Lawsuit
Headline News |
2013/12/05 22:43
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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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