|
|
|
Top German court strengthens intersex identity rights
Lawyer News |
2017/11/06 16:58
|
Germany’s highest court has decided that people must be allowed to be entered in official records as neither male nor female, saying in a ruling published Wednesday that authorities should create a third identity or scrap gender entries altogether.
The Federal Constitutional Court ruled on a case in which a plaintiff, identified by advocacy group Dritte Option only as Vanja, born in 1989, sought to have their entry in the birth register changed from “female” to “inter/diverse” or “diverse.”
Officials rejected the application on the grounds that the law only allows for children to be registered as male or female, or for the gender to be left blank.
The plaintiff argued that that was a violation of their personal rights. In a three-year legal battle, Vanja provided courts with a genetic analysis showing the plaintiff has one X chromosome but no second sex chromosome. Women have two X chromosomes, while men have one X and one Y chromosome.
The supreme court found that the law protects sexual identity, which has a “key position” in how individuals perceive themselves and are perceived by others. It said that “the sexual identity of those people who can be assigned neither to the male nor the female sex is also protected,” and said the constitution also protects them against discrimination because of their gender. The government has until the end of 2018 to draw up new rules. |
|
|
|
|
|
|
'Dirty soda' Utah court battle ends with legal settlement
Lawyer News |
2017/11/06 16:58
|
Two Utah chains that sell flavor-shot-spiked "dirty sodas" have settled their court battle over the sugary concept that's grown increasingly profitable in a state where sugar is a common vice, according to court documents filed Tuesday.
Soda shops Sodalicious and Swig will pay their own expenses, court papers said. The documents offer no details of the settlement terms and attorneys for the two sides did not return messages seeking comment.
Swig had accused competitor Sodalicious of copying the trademarked "dirty" idea, down to the frosted sugar cookies sold alongside the sweet drinks spiked with flavor shots, fruit purees and cream.
Both shops are known for their soda mixology. Swig's concoctions include the Tiny Turtle, which is Sprite spiked with green apple and banana flavors.
Swig sued in 2015 for damages and an order blocking Sodalicious from using words and signs similar to theirs. A trial had been set for this week, but it was on hold during settlement negotiations.
Sodalicious fought back, saying dirty is a longtime moniker for martinis and other drinks. They said tongue-in-cheek nicknames for concoctions like "Second Wife" make their business distinctly different.
Other sodas on their menu include the Rocky Mountain High, made with cherry and coconut added to Coke.
The court fight unfolded as the sweet drinks grew increasingly popular and profitable in a majority-Mormon state where sugar is a popular indulgence.
Both shops have more than a dozen locations across Utah, and have also expanded into the suburbs of Phoenix. |
|
|
|
|
|
|
Connecticut Governor Will Get His 6th Supreme Court Pick
Lawyer News |
2017/11/03 16:59
|
When Gov. Dannel P. Malloy makes his pick for the next Connecticut chief justice, the Democrat will have nominated six of the seven people serving on the state's highest court — a rare feat in the history of the governorship.
Lawyers and other legal affairs observers say the court is rarely partisan, focusing mostly on interpretations of state law that often result in 7-0 rulings.
Occasionally, though, a case comes along that exposes an ideological rift, as it did in a 4-3 ruling that abolished the state's death penalty in 2015 when the majority and minority criticized each other in dueling opinions. Two cases currently before the court may also expose such a rift — a lawsuit against gunmaker Remington Arms in connection with the 2012 Newtown school massacre and a lawsuit challenging the way the state funds local education.
"They're not as controversial as you see at the federal level," said Proloy Das, a Hartford-based lawyer who chairs the appellate practice group at the Murtha Cullina law firm. "Our values aren't all that different across the state."
Das and other observers say the biggest impact of the Malloy nominations may be increased diversity on the court.
Malloy-nominated Justices Richard Robinson and Raheem Mullins are black. Newly appointed Justice Maria Araujo Kahn is one of two full-time female justices, joining soon-to-be-retiring Chief Justice Chase Rogers, who was nominated by Republican former Gov. M. Jodi Rell. And Justice Andrew McDonald, also picked by Malloy, is the court's first openly gay member. |
|
|
|
|
|
|
Brazilian court revives case against Olympian Ryan Lochte
Political View |
2017/10/29 18:53
|
Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.
"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."
Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.
Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue.
|
|
|
|
|
|
Legal News RSS Feed
