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German Court: Kuwait Airways Can Refuse Israeli Passengers
Court Watch |
2017/11/17 08:22
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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
Court Watch |
2017/11/10 08:23
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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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Burundi becomes 1st to leave International Criminal Court
Court Watch |
2017/10/27 18:54
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Burundi has become the first country to withdraw from the International Criminal Court, but officials say the court's prosecutor will move ahead with an examination of the East African nation's deadly political turmoil.
An ICC spokesman confirmed that the pullout took effect Friday, a year after Burundi notified the United Nations secretary-general of its intention to leave the court that prosecutes the world's worst atrocities.
Burundi is the only one of three African nations to go ahead with withdrawal after they made moves last year to leave amid accusations that the court focuses too much on the continent. South Africa's withdrawal was revoked in March. Gambia's new government reversed its withdrawal in February.
On Friday, Burundi's justice minister called the ICC withdrawal "a great achievement" in reinforcing the country's independence. Aimee Laurentine Kanyana also called on police and prosecutors to respect human rights so that "white people" won't have "false proofs to rely on in accusing Burundi."
Burundi's withdrawal doesn't affect the preliminary examination of the country's situation already underway by the court's prosecutor, ICC spokesman Fadi El Abdallah told The Associated Press. That examination began in April 2016.
Burundi has faced deadly political turmoil since April 2015, when President Pierre Nkurunziza announced plans to seek a disputed third term that he ultimately won.
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Indonesia court upholds seizure of illegal fishing vessel
Court Watch |
2017/10/27 18:53
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Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters.
Minister of Fisheries and Maritime Affairs Susi Pudjiastuti said the "monumental" ruling from a court in Aceh province shows that governments can win in the fight against cross-border crime.
Pudjiastuti said in a statement this week that the ministry plans to make the refrigerated cargo ship Silver Sea 2 part of a museum to teach the public about illegal fishing.
The ship was seized by Indonesia's navy in August 2015 amid a crackdown on illegal fishing and after an Associated Press investigation showed its links to human trafficking in the fishing industry.
Several months before its capture, the ship and Thai fishing trawlers had abruptly left an island in remote eastern Indonesia, where the Thai fishing industry held trafficked crew members captive, to escape a government crackdown on illegal fishing. |
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Court asked to decide whether to limit electronics searches
Court Watch |
2017/10/25 11:54
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A federal appeals court is being asked to decide whether government agents can search cell phones and laptops at airports without a search warrant.
The American Civil Liberties Union argues that warrantless searches of personal information on electronic devices are unconstitutional, and that significant privacy interests are at stake.
The 4th U.S. Circuit Court of Appeals in Richmond hears arguments Thursday in the case of a Turkish national convicted of trying to illegally smuggle weapons parts to Turkey.
Hamza Kolsuz was arrested at Washington Dulles International Airport in Virginia after agents found weapons parts in his luggage, and a judge denied his motion to suppress evidence found during a forensic search of his phone.
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Australia's High Court to consider fate of 7 lawmakers
Court Watch |
2017/10/20 11:51
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Australia's prime minister said Monday that he was confident that government lawmakers would win a court challenge this week that threatens his administration's slender majority.
Seven High Court judges will decide whether seven lawmakers should be disqualified from Parliament because of a constitutional ban on dual citizens being elected. The three-day hearing begins Tuesday.
The fate of Deputy Prime Minister Barnaby Joyce is most crucial to the government in an unprecedented political crisis.
If the court rules that he was illegally elected in July last year due to New Zealand citizenship he unknowingly inherited from his father, the ruling conservative coalition could lose its single-seat majority in the House of Representatives, where governments are formed.
Joyce could stand in a by-election, having renounced his Kiwi citizenship. But with the government unpopular in opinion polls, voters in his rural electoral division could take the opportunity to throw both the deputy prime minister and his administration out of office.
Two of the six senators under a cloud are government ministers. Fiona Nash inherited British citizenship from her father and Matt Canavan became an Italian through an Australian-born mother with Italian parents. Disqualified senators can be replaced by members of the same party without need for an election.
Prime Minister Malcolm Turnbull has given no indication of what his government would do if the court rules against any of the three ministers. |
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Spooked businesses shift headquarters out of Catalonia
Court Watch |
2017/10/16 11:50
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As separatists in Catalonia jockeyed Friday to elude court rulings and find ways to deliver on their promise to declare independence, business giants hit back with plans to relocate their headquarters elsewhere in Spain amid the increasing political uncertainty.
Caixabank, Spain's third lender in global assets, said Friday that it was moving from Barcelona to the eastern city of Valencia, "given the current situation in Catalonia." It said it wants to remain in the eurozone and under the supervision of the European Central Bank — two things that would not happen if Catalonia did manage to secede.
The region's separatist government has vowed to use a pro-independence victory in a disputed referendum last weekend to go ahead with secession, while calling for Spain's central government to accept a dialogue.
But the government of Spain's conservative Prime Minister Mariano Rajoy has rejected any negotiations unless the separatists drop their secession bid. Rajoy urged Puigdemont to cancel plans for declaring independence in order to avoid "greater evils."
"In order to dialogue, you must stay within the legal framework," Spanish cabinet spokesman Inigo Mendez de Vigo told reporters Friday, blaming the secessionists for breaking Spain's constitutional order.
"Coexistence is broken" in Catalonia, he said, warning Catalans that a parliamentary declaration of independence "is not enough" and that the international community needs to recognize independent nations. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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