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Semenya wins in court again; claims was denied race entry
Court Watch | 2019/06/10 23:29
Caster Semenya has won another court decision in her battle to get track and field's testosterone regulations thrown out.

The Olympic 800-meter champion's lawyers say the IAAF, the governing body of athletics, has failed with an urgent request to Switzerland's supreme court to have the testosterone rules immediately re-imposed on Semenya.

The Swiss supreme court ruled earlier this month that the regulations should be temporarily suspended for Semenya, who has appealed against them.

That full appeal could take a year or more to be heard. Semenya has requested the rules be suspended throughout the appeal process, possibly allowing her to run at this year's world championships without taking testosterone suppressing medication.

The IAAF has until June 25 to respond to Semenya's request for a long-term suspension of the rules.

Semenya also claims she was denied entry to the 800-meter race at the Diamond League event in Rabat, Morocco this weekend despite the court order allowing her to run in her favored race again.



Former Nissan chairman Ghosn appears in Tokyo court
Court Watch | 2019/05/24 21:53
Nissan’s former chairman, Carlos Ghosn, appeared in a Japanese courtroom Thursday for a hearing ahead of his trial on accusations of financial misconduct.

It was the first of a series of hearings to iron out logistics for Ghosn’s actual trial. The trial date has not been set, and experts say it could be months away.

Ghosn, who led the Japanese automaker for two decades, was arrested in November and charged with underreporting his income and breach of trust. He was released on bail in March, rearrested in April on fresh accusations and then released again on bail on April 25.

Ghosn insists he is innocent and says he was targeted in a “conspiracy” by others at Nissan Motor Co.

Nissan, which is allied with Renault SA of France, has seen profits nose-dive amid the fallout from Ghosn’s arrest.

Ghosn has hired a strong legal team as he fights to clear his name. One of his top lawyers, Junichiro Hironaka, was seen walking into the courtroom Thursday with Ghosn.

One of the conditions of Ghosn’s release on bail is that he is forbidden to contact his wife. Prosecutors say that’s to prevent evidence tampering.

Ghosn’s lawyers challenged that restriction, saying it is a violation of human rights, but the Supreme Court rejected their appeal Tuesday.

The lawyers can appeal again to have the restriction removed.

In a briefing Thursday, Deputy Chief Prosecutor Shin Kukimoto welcomed the Supreme Court’s decision.

“For married people to be together is important, but I feel there was enough reason for the Supreme Court to support us in this restriction,” he said.

Kukimoto declined comment on the hearing, which was closed to reporters and the public.

Kukimoto also said the maximum penalty upon conviction of all 15 counts of the charges Ghosn is facing is 15 years in prison and a fine of 150 million yen ($1.4 million).


Apps cost too much? Court allows suit adding to Apple’s woes
Court Watch | 2019/05/13 22:53
Consumers can pursue a lawsuit complaining that iPhone apps cost too much, the Supreme Court ruled on Monday, adding to Apple’s woes that already include falling iPhone sales and a European investigation.

The lawsuit could have major implications for the tech giant’s handling of the more than 2 million apps in Apple’s App Store, where users get much of the software for their smartphones. While most of those apps are free to download, some impose fees for people to use the software and subscribe to the services.

In those cases, Apple charges a commission of 30%, a practice that the lawsuit contends unfairly drives up the price for the apps. Justice Brett Kavanaugh wrote the majority opinion that agreed the antitrust lawsuit can move forward in a lower court.

The court’s four liberal justices joined Kavanaugh, one of President Donald Trump’s two high court appointees, to reject a plea from Apple to end the lawsuit at this early stage. The decision did not involve the merits of the suit.

Apple argues it’s merely a pipeline between app developers and consumers, and that iPhone users have no claims against Apple under antitrust law and a 1977 Supreme Court decision. Tens of thousands of developers create the software and set the price, Apple says.

“We’re confident we will prevail when the facts are presented and that the App Store is not a monopoly by any metric,” Apple said in statement issued in response to Monday’s ruling. The lawsuit could take years to wind to its conclusion.


Supreme Court to take up LGBT job discrimination cases
Court Watch | 2019/04/20 23:05
The Supreme Court is taking on a major test of LGBT rights in cases that look at whether federal civil rights law bans job discrimination on the basis of sexual orientation and gender identity.

The justices said Monday they will hear cases involving people who claim they were fired because of their sexual orientation and another that involves a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman.

The cases will be argued in the fall, with decisions likely by June 2020 in the middle of the presidential election campaign. The issue is whether Title VII of the federal Civil Rights Act of 1964, which prohibits sex discrimination, protects LGBT people from job discrimination. Title VII does not specifically mention sexual orientation or transgender status, but federal appeals courts in Chicago and New York have ruled recently that gay and lesbian employees are entitled to protection from discrimination. The federal appeals court in Cincinnati has extended similar protections for transgender people.

The big question is whether the Supreme Court, with a strengthened conservative majority, will do the same. The cases are the court's first on LGBT rights since the retirement of Justice Anthony Kennedy, who authored the court's major gay rights opinions. President Donald Trump has appointed two justices, Neil Gorsuch and Brett Kavanaugh.

The justices had been weighing whether to take on the cases since December, an unusually long time, before deciding to hear them. It's unclear what caused the delay.


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