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Court gives government a win in young immigrants' cases
Blog News | 2017/10/26 01:29
A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.

The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.

Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.

A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.

Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."

And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.

Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.

He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."

Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."

"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.


Florida court sides with Gov. Scott in nursing home battle
Blog News | 2017/10/22 01:30
Florida Gov. Rick Scott has won the first round in a legal tug-of-war over his mandate that nursing homes and assisted living facilities install generators.

The 1st District Court of Appeal on Thursday rejected a legal challenge to emergency rules put in place by the Scott administration. A panel of judges split 2-1 over the challenge. The court has not yet issued a full opinion explaining the decision.

Groups that represent nursing homes and assisted living facilities asked the appeal court to review whether or not there was an emergency that warranted the rules. A separate legal challenge to the actual rules is still ongoing.

Scott issued his order after residents at the Rehabilitation Center at Hollywood Hills died in the days after Hurricane Irma wiped out power to much of South Florida.


S. Korean court says worker's rare disease linked to Samsung
Blog News | 2017/08/31 14:05
South Korea's Supreme Court said a former worker in a Samsung LCD factory who was diagnosed with multiple sclerosis should be recognized as having an occupationally caused disease, overturning lower court verdicts that held a lack of evidence against the worker.

In a milestone decision that could aid other sickened tech workers struggling to prove the origin of their diseases, the Supreme Court ruled there was a significant link between Lee Hee-jin's disease and workplace hazards and her working conditions.

Lower courts had denied her claim, partly because no records of her workplace conditions were publicly available. The Labor Ministry and Samsung refused to disclose them when a lower court requested the information, citing trade secrets.

In its ruling Tuesday, the court said the lack of evidence, resulting from Samsung's refusal to provide the information and an inadequate investigation by the government, should not be held against the sickened worker.

Instead, it said, such special circumstances should be considered in favor of the worker.

Lee, 33, began to work at a Samsung LCD factory in Cheonan, south of Seoul, in 2002 when she was a high school senior. She evaluated nearly one hundred display panels per hour on a conveyor belt, looking for defective panels and wiping them with isopropyl alcohol. She worked next to assembly lines that used other chemicals.

Three years after she joined Samsung Electronics, she first reported the symptoms of multiple sclerosis, a rare disease that affects the central nervous system. The average age of reporting multiple sclerosis in South Korea is 38. She left Samsung in 2007.

Lee first filed a claim in 2010 with a government agency, which denied her request for compensation. She took her case to the courts and lost twice before Tuesday's victory.



Otter appoints new justice to Idaho Supreme Court
Blog News | 2017/08/28 14:06
Idaho Gov. C.L. "Butch" Otter has appointed Twin Falls judge Richard Bevan to the state's highest court.

Otter announced Tuesday that Bevan — currently the 5th Judicial District's administrative judge — will replace retiring Idaho Supreme Court Justice Daniel Eismann. Bevan was among four other finalists vying for the open seat. Eismann will retire at the end of the month.

Bevan has been a judge since 2003, where he helped establish the 5th District's mental health court and presided over the Veterans Treatment Court. Previously, he was a private practice attorney and served a term as Twin Falls County prosecuting attorney.

Otter praised Bevan's judicial demeanor and understanding of the legal system, adding that Bevan has shown to have open mind on tough, socially significant issues.


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