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N Carolina court: State retirees should pay health premiums
Legal Business |
2019/03/05 11:44
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A North Carolina appeals court is throwing out a judge's ruling that a former Supreme Court chief justice and other retired state government workers can't be forced to pay part of their health insurance premiums.
A state Court of Appeals ruled Tuesday the retirees don't have a contract preventing them from contributing to their coverage. A three-judge panel ruled unanimously that retired state employees were promised nothing more than what is offered to current workers.
Legislators passed a law in 2011 requiring retirees to pay premiums they didn't pay while working. Retirees including former Chief Justice I. Beverly Lake sued, saying that broke the state's promise to provide health insurance.
The State Health Plan covers more than 700,000 employees, retirees and their dependents. |
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Japan court OK's Nissan ex-Chairman Ghosn's release on bail
Legal Business |
2019/03/03 11:45
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A Tokyo court approved the release of former Nissan Chairman Carlos Ghosn on 1 billion yen ($8.9 million) bail on Tuesday, rejecting an appeal by prosecutors to keep him jailed, a lawyer for the auto executive said.
He could be freed as soon as Wednesday morning, according to Japan's Kyodo News.
Jean-Yves Le Borgne, Ghosn's French lawyer, said a court issued a late-night ruling rejecting prosecutors' appeal of the initial ruling. Le Borgne cautioned that prosecutors still had leeway to file new charges as they had done once before.
Ghosn said in a written statement that he is grateful for his family and friends who had stood by him "throughout this terrible ordeal."
He said he is "innocent and totally committed to vigorously defending myself in a fair trial against these meritless and unsubstantiated accusations."
The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on Nov. 19. He says he is innocent of charges of falsifying financial information and of breach of trust.
His Japanese lawyer, Junichiro Hironaka, is famous for winning acquittals in Japan, a nation where the conviction rate is 99 percent.
Hironaka said the legal team "proposed concrete ways showing how he would not tamper with evidence or try to flee."
Hironaka said Monday that he had offered new ways to monitor Ghosn after his release, such as camera surveillance. Hironaka also questioned the grounds for Ghosn's arrest, calling the case "very peculiar," and suggesting it could have been dealt with as an internal company matter.
In Japan, suspects are routinely detained for months, often until their trials start. That's especially true of those who insist on their innocence.
The 1 billion yen bail set by the court was relatively high but not the highest ever in Japan.
Among the conditions for Ghosn's release were restrictions on where he can live, his mobile phone use, as well as a ban on foreign travel and contact with Nissan executives, according to Kyodo News. |
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Cohen, ex-Trump lawyer, to testify publicly before Congress
Legal Business |
2019/01/10 17:48
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President Donald Trump’s former lawyer, Michael Cohen, will testify publicly before a House committee next month in a hearing that could serve as the opening salvo of a promised Democratic effort to scrutinize Trump, his conflicts of interest and his ties to Russia.
The House Oversight and Reform Committee announced Thursday that Cohen will appear before that panel Feb. 7, a little more than a month after the Democrats took the House majority.
The hearing marks the latest step in Cohen’s transformation from a trusted legal adviser to the president to a public antagonist who has cooperated extensively against him. Although Democrats say the questioning will be limited to avoid interfering with open investigations, the hearing is still likely to pull back the curtain on key episodes involving Trump’s personal life and business dealings, including hush-money payments to women and a proposed Moscow real estate deal, that federal prosecutors have been dissecting for months.
Cohen is a pivotal figure in investigations by special counsel Robert Mueller into potential coordination between Russia and the Trump campaign and by federal prosecutors in New York into campaign finance violations related to payments to buy the silence of a porn actress and a former Playboy Playmate who say they had sex with Trump. Federal prosecutors have said Trump directed those payments during the campaign.
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Missouri death row inmate asks US Supreme Court to intervene
Legal Business |
2018/12/28 01:12
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A Missouri death row inmate who lost substantial brain tissue during a surgery plans to ask the U.S. Supreme Court to review his case, saying his planned execution by lethal injection could subject him to severe pain.
The Columbia Daily Tribune reported Thursday that Ernest Lee Johnson plans to argue that the loss of brain tissue could mean he has seizures and severe pain in reaction to Missouri’s execution drug.
Johnson was sentenced to death for killing three convenience store workers during a Columbia robbery in 1994.
Johnson’s appeal is moving through lower courts. But Johnson’s attorneys plan to ask the U.S. Supreme Court to intervene because the high court is currently considering a similar case of another Missouri death row inmate with a rare medical condition that causes blood-filled tumors.
Both argue complications with their conditions and the execution drug could lead to cruel and unusual punishment. |
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Colorado baker returns to court over 2nd LGBT bias allegation
Legal Business |
2018/12/15 11:12
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Attorneys for a Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stand partially upheld by the U.S. Supreme Court — argued in federal court Tuesday that the state is punishing him again over his refusal to bake a cake celebrating a gender transition.
Lawyers for Jack Phillips, owner of Masterpiece Cakeshop in suburban Denver, are suing to try to stop the state from taking action against him over the new discrimination allegation. They say the state is treating Phillips with hostility because of his Christian faith and pressing a complaint that they call an "obvious setup."
"At this point, he's just a guy who is trying to get back to life. The problem is the state of Colorado won't let him," Jim Campbell, an attorney for the Alliance Defending Freedom, said after the hearing. The conservative Christian nonprofit law firm is representing Phillips.
State officials argued for the case to be dismissed, but the judge said he was inclined to let the case move forward and would issue a written ruling later.
The Colorado Civil Rights Commission said Phillips discriminated against Denver attorney Autumn Scardina because she's transgender. Phillips' shop refused to make a cake last year that was blue on the outside and pink on the inside after Scardina revealed she wanted it to celebrate her transition from male to female.
She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips' appeal of the previous commission ruling against him. In that 2012 case, he refused to make a wedding cake for same-sex couple Charlie Craig and Dave Mullins.
The Supreme Court ruled in June that the Colorado commission showed anti-religious bias when it sanctioned Phillips for refusing to make the cake, voting 7-2 that it violated Phillips' First Amendment rights. |
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