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Belgian court pushes back extradition hearing for 5 Catalans
Topics in Legal News | 2017/11/20 13:05
A court in Belgium on Friday pushed back the extradition arguments of ex-Catalan leader Carles Puigdemont and four allies until at least Dec. 4, likely keeping the secessionist rebels in Belgium right through Catalonia's regional election campaign.

The court hearing in Brussels for the five Catalans is the latest step in their flight from Spain to Brussels and their refusal to return to face rebellion and sedition charges that could land them in jail for 25 years.

Before the court session, the prime ministers of Spain and Belgium discussed their bilateral relations, which have been strained over the case of the Catalan officials who are wanted on a Spanish arrest warrant.

Puigdemont lawyer Paul Bekaert said after the first court session Friday that "we will argue the case on Dec. 4." Whatever decision is made at that stage, two appeals will be possible and a final ruling could well only come only after the Dec. 21 election day in Catalonia.

Bekaert said even though the prosecutor asked for the execution of the extradition request from Spain for the five, the defense lawyers could still give written arguments until early next month.


Court: Utility, not gov't responsible for Fukushima disaster
Topics in Legal News | 2017/09/22 10:14
A Japanese court has ruled that a utility, not the government, should pay compensation to dozens of former residents of Fukushima for losses to their livelihood caused by meltdowns at a nuclear plant after a massive earthquake and tsunami in 2011.

Chiba District Court ordered Tokyo Electric Power Co. on Friday to pay a total of 376 million yen ($3.4 million) to most of the 45 plaintiffs who sought compensation over the loss of their livelihoods and communities because of radiation contamination.

The court dismissed the plaintiffs' claim the government should also be held responsible for its failure to enforce tsunami safety measures.

About 30 other compensation suits filed by tens of thousands of former Fukushima residents are still pending.

The wrecked Fukushima plant's decommissioning is expected to take decades.



Dispute over rights to Tom Clancy's Jack Ryan goes to court
Topics in Legal News | 2017/08/28 09:02
Tom Clancy's widow wants a court to rule that the author's estate is the exclusive owner of the rights to his famous character Jack Ryan.

News media outlets report that Alexandra Clancy's lawsuit says that the author's estate should be the sole beneficiary of any posthumous books featuring the character who was first introduced in "The Hunt for Red October."

Alexandra Clancy is suing the personal representative of Clancy's estate, J.W. Thompson Webb, for allowing other entities to profit from posthumous book revenues. Clancy's first wife, Wanda King, is a partial owner of those other entities.

The lawsuit says: "Tom Clancy made Jack Ryan; and in a sense, Jack Ryan made Tom Clancy."

The lawsuit was filed in the Circuit Court in Baltimore. Tom Clancy died in 2013.


North Carolina Court to Rule on Law on Gov's Elections Role
Topics in Legal News | 2017/07/20 09:21

North Carolina's highest court is speeding up a final decision on whether Republican legislators could strip down the election oversight powers of the state's new Democratic governor.

The state Supreme Court said Wednesday it will take up Gov. Roy Cooper's lawsuit against state legislative leaders. The decision bypasses an intermediate appeals court and schedules a Supreme Court hearing on Aug. 28.

GOP lawmakers have sought to dilute Cooper's powers since he narrowly beat incumbent GOP Gov. Pat McCrory last year.

The contested law takes away Cooper's ability to appoint a majority of the state elections board and make every county's elections board a Democratic majority. The law would make a Republican head of the decision-making state board in presidential election years when most people vote and ballot disputes are hottest.



EU Court: Vaccines Can Be Blamed for Illnesses Without Proof
Topics in Legal News | 2017/06/20 09:04
The highest court of the European Union ruled Wednesday that courts can consider whether a vaccination led to someone developing an illness even when there is no scientific proof.

The decision was issued on Wednesday in relation to the case of a Frenchman known as Mr. J.W., who was immunized against hepatitis B in late 1998-99. About a year later, Mr. J.W. was diagnosed with multiple sclerosis. In 2006, he and his family sued vaccine-maker Sanofi Pasteur in an attempt to be compensated for the damage they claim he suffered due to the vaccine. Mr. J.W. died in 2011.

France's Court of Appeal ruled there was no causal link between the hepatitis B vaccine and multiple sclerosis, and dismissed the case. Numerous studies have found no relationship between the hepatitis B shot and multiple sclerosis.

After the case went to France's Court of Cassation, it was brought to the European Union. On Wednesday, the EU's top court said that despite the lack of scientific consensus on the issue, a vaccine could be considered defective if there is "specific and consistent evidence," including the time between a vaccine's administration and the occurrence of a disease, the individual's previous state of health, the lack of any family history of the disease and a significant number of reported cases of the disease occurring following vaccination.

In a statement, the court said that such factors could lead a national court to conclude that "the administering of the vaccine is the most plausible explanation" for the disease and that "the vaccine therefore does not offer the safety that one is entitled to expect." It did not rule on the specific French case.


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