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Lambert to be sworn in as Supreme Court justice
Legal Career News | 2019/02/01 11:24
A new Kentucky Supreme Court justice will be sworn in to office next week.

A statement from the Administrative Office of the Courts says Debra Hembree Lambert will be formally sworn in as a justice on Feb. 4 at the state Capitol in Frankfort. She was elected to the court in November and will serve the 3rd Supreme Court District, which includes 27 counties in southern and south-central Kentucky.

Before her election to the Supreme Court, Lambert served as an appellate judge for four years and before that was a circuit judge for Lincoln, Pulaski and Rockcastle counties.

Lambert succeeds retired Justice Daniel Venters.



Court: Illinois mom can sue Six Flags for fingerprinting son
Legal Career News | 2019/01/27 11:23
The Illinois Supreme Court ruled Friday that a woman can sue Six Flags Great America for fingerprinting her child without telling her how the data would be used in violation of the state's biometric law, which privacy advocates consider to be the nation's strongest biometric data safeguards.

Stacy Rosenbach sued the amusement park north of Chicago in 2016, about two years after her son was electronically fingerprinted while buying a season pass. He was 14 at the time.

The lawsuit alleges the park violated the Illinois Biometric Information Privacy Act, which requires businesses and other private entities to obtain consent from people before collecting or disclosing their biometric identifiers and to securely store biometric data they do collect. It also permits people to sue businesses they believe violated the act.

In its ruling for Six Flags, an appellate court determined in 2017 that Rosenbach never demonstrated a direct injury or adverse effect, such as stolen identity or a monetary loss.

The state Supreme Court, in overturning that decision, rejected the argument that individuals should have the right to sue if no real damage occurred after they handed over their biometric information. The court ruled that a violation of the law is damage enough.

"This is no mere 'technicality,'" as the appellate court suggested, Chief Justice Lloyd Karmeier wrote in the opinion. "The injury is real and significant."

Biometric data, fingerprints, facial and iris scans, are increasingly used in tagging photos on social media and recording employee arrivals at the workplace.

Illinois Chamber of Commerce President and CEO Todd Maisch said in a statement the ruling will hurt employers and the state economy. The organization has said that protecting consumers' data is important, but that the way the law is written places a burden on employers.

"We fear that today's decision will open the floodgates for future litigation at the expense of Illinois' commercial health," Maisch said.

Great America spokeswoman Tess Claussen declined to comment, citing the pending litigation.


Appeals court reopens case involving payment to law firm
Legal Career News | 2019/01/26 11:23
An appeals court on Friday ordered more proceedings in a legal fight involving Kentucky's governor and two of his political rivals over a $4 million payment to a law firm for negotiating a settlement on behalf of the state with the maker of OxyContin.

A three-judge Kentucky Court of Appeals panel ruled unanimously that a summary judgment previously granted in the case was "premature" because it didn't allow more information to be reviewed. The ruling returned the case to a lower court, where it could have implications in this year's governor's race.

"In this case, there was no opportunity to take discovery," Judge Christopher Shea Nickell said in writing for the appeals court panel.

"Since there was no discovery, obviously there was no 'ample opportunity to complete discovery.' ... Thus, we do not even reach the question of whether there were any material issues of fact precluding summary judgment," he added.

The ruling keeping the case alive drew quick praise from Republican Gov. Matt Bevin's administration. Bevin's general counsel, Steve Pitt, said additional information could shed light on why Kentucky's lawsuit against a large pharmaceutical company was settled "for pennies on the dollar."

The case also involves Attorney General Andy Beshear, who already has declared himself a candidate for governor as a Democrat. Bevin and Beshear have been embroiled in several lawsuits since they took office. Bevin filed papers Friday to run for a second term.



Japan court upholds sterilization to register gender change
Legal Career News | 2019/01/24 11:22
Human rights and LGBT activists on Friday denounced a ruling by Japan’s Supreme Court upholding a law that effectively requires transgender people to be sterilized before they can have their gender changed on official documents.

The court said the law is constitutional because it was meant to reduce confusion in families and society. But it acknowledged that it restricts freedom and could become out of step with changing social values.

The 2004 law states that people wishing to register a gender change must have their original reproductive organs, including testes or ovaries, removed and have a body that “appears to have parts that resemble the genital organs” of the gender they want to register.

More than 7,800 Japanese have had their genders changed officially, according to Justice Ministry statistics cited by public broadcaster NHK.

The unanimous decision by a four-judge panel, published Thursday, rejected an appeal by Takakito Usui, a transgender man who said forced sterilization violates the right to self-determination and is unconstitutional.

Usui, 45, had appealed to the top court after he unsuccessfully requested lower courts to grant him legal recognition as male without having his female reproductive glands surgically removed.

Despite the unanimous decision, presiding justice Mamoru Miura joined another justice in saying that while the law may not violate the constitution, “doubts are undeniably emerging,” according to Usui’s lawyer, Tomoyasu Oyama.

The two judges proposed regular reviews of the law and appropriate measures “from the viewpoint of respect for personality and individuality,” according to Japanese media reports.



Model in Russian court apologizes for US election claim
Legal Career News | 2019/01/18 23:15
A Belarusian model and self-styled sex instructor who last year claimed to have evidence of Russian interference in the 2016 U.S. presidential election said Saturday that she apologizes to a Russian tycoon for the claim and won't say more about the matter.

Anastasia Vashukevich made the statement in a Moscow court that was considering whether to keep her in jail as she faces charges of inducement to prostitution. The court extended her detention for three more days.

Vashukevich's statement appears to head off any chance of her speaking to U.S. investigators looking into possible collusion between Russia and President Donald Trump's campaign.

Vashukevich, who goes by the name Nastya Rybka on social media, was arrested in Thailand last February on prostitution charges. She and several others were arrested in connection with a sex training seminar they were holding in Thailand.

After her arrest she claimed she had audio tapes of Russian tycoon Oleg Deripaska, who is close to President Vladimir Putin, talking about interference in the U.S. election.

She had shot to world attention a few weeks earlier when a Russian opposition leader published an investigation based on her social media posts that suggested corrupt links between Deripaska and Deputy Prime Minister Sergei Prikhodko. The report featured video from Deripaska's yacht in 2016, when Vashukevich says she was having an affair with him.

She was deported from Thailand on Thursday after pleading guilty and was detained when her flight arrived in Moscow, along with three other deportees including mentor Alexander Kirillov.

She told journalists in the Moscow court that she has apologized to Deripaska and says "I will no longer compromise him."

Deripaska is among the Russian tycoons and officials who have been sanctioned in recent years by the United States in connection with Russia's 2014 annexation of Crimea. His business empire includes aluminum, energy and construction assets.

He also once was a client of Paul Manafort, the former campaign manager for Trump. Manafort was convicted last year in the United States of tax and bank fraud.


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