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Indiana Supreme Court considers eavesdropping case
Law Firm Blog News |
2017/12/25 11:22
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The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
The court heard arguments last week in a case involving a Long Beach murder suspect, John Larkin, whose supposedly private conversation with his attorney in a police interrogation room was recorded. The video was then viewed by LaPorte Chief Deputy Prosecutor Robert Neary, who ordered a transcript of the conversation and gave it to a special prosecutor handling the murder case.
Last month, the Supreme Court suspended Neary's law license for four years.
Court records show that police or prosecutors likely tampered with evidence before providing it to the defendant's examiner as well, the (Northwest Indiana) Times reported .
Deputy Attorney General Eric Babbs asked the high court to overturn the LaPorte Circuit Court decision that tossed the voluntary manslaughter case against Larkin. The case was affirmed in June by the Indiana Court of Appeals.
Babbs requested that prosecutors be given the opportunity to prove that not all evidence in their case is tainted. Babbs also argued for the ability to proceed to trial with whatever evidence a judge finds was properly obtained.
Larkin's attorney Stacy Uliana said Babbs' requests are "too little, too late."
The justices didn't indicate when they will issue a ruling. There isn't a statutory timeline for a decision by the high court.
The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.
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Greek court backs extraditing Russian bitcoin suspect to US
Law Firm Blog News |
2017/12/10 16:51
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Greece's Supreme Court has ruled in favor of extraditing a Russian cybercrime suspect to the United States to stand trial for allegedly laundering billions of dollars using the virtual currency
bitcoin.
Alexander Vinnik made his final appearance at an Athens court Wednesday amid an ongoing legal battle between the U.S. and Russia, who are both seeking his extradition.
Greece's justice minister will ultimately decide on whether Vinnik will be sent to Russia or the U.S.
The case was heard amid growing global interest in virtual currencies and their underlying blockchain technology, fuelled by the ongoing boom in the price of bitcoin.
The 38-year-old former bitcoin platform operator denies any wrongdoing but is not contesting the Russian request on less serious charges.
U.S. authorities accuse Vinnik of laundering $4 billion worth of bitcoins through BTC-e, one of the world's largest digital currency exchanges, which he allegedly operated.
Garrick Hileman, a research fellow at the University of Cambridge, said bitcoin's growing acceptance by mainstream markets makes criminal cases surrounding the currency more significant.
"For bitcoin to continue to attract regulated and institutional investors it will need to operate within the law," he told the AP.
"The United States, with the support of evidence from various cyber sleuths, is arguing that Vinnik and BTC-e were two of the biggest bad actors in the crypto-currency industry. Bringing
bad actors to justice will help bitcoin move beyond its tainted history."
Vinnik was arrested at a northern Greek holiday resort in July and a lower court has already approved his extradition to the U.S.
Ilias Spyrliadis, a lawyer for Vinnik's defense, said they would formally respond after Wednesday's decision is published, in about one week.
"The Supreme Court has in essence accepted that our client should be sent to the United States," the lawyer said. "Our client has not made any response. He listened to the ruling as it
was read out ... It is now up to the justice minister to decide when and where our client will be sent."
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Samsung worker killed by brain tumor wins compensation case
Law Firm Blog News |
2017/11/15 13:40
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Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.
The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.
Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.
Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.
An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.
The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.
The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.
The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.
Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee. |
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Spooked businesses shift headquarters out of Catalonia
Law Firm Blog News |
2017/10/04 09:15
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As separatists in Catalonia jockeyed Friday to elude court rulings and find ways to deliver on their promise to declare independence, business giants hit back with plans to relocate their headquarters elsewhere in Spain amid the increasing political uncertainty.
Caixabank, Spain's third lender in global assets, said Friday that it was moving from Barcelona to the eastern city of Valencia, "given the current situation in Catalonia." It said it wants to remain in the eurozone and under the supervision of the European Central Bank — two things that would not happen if Catalonia did manage to secede.
The region's separatist government has vowed to use a pro-independence victory in a disputed referendum last weekend to go ahead with secession, while calling for Spain's central government to accept a dialogue.
But the government of Spain's conservative Prime Minister Mariano Rajoy has rejected any negotiations unless the separatists drop their secession bid. Rajoy urged Puigdemont to cancel plans for declaring independence in order to avoid "greater evils."
"In order to dialogue, you must stay within the legal framework," Spanish cabinet spokesman Inigo Mendez de Vigo told reporters Friday, blaming the secessionists for breaking Spain's constitutional order.
"Coexistence is broken" in Catalonia, he said, warning Catalans that a parliamentary declaration of independence "is not enough" and that the international community needs to recognize independent nations. |
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Toys R Us files for Chapter 11 reorganization
Law Firm Blog News |
2017/09/20 10:15
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Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.
A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.
Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.
The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.
It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.
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