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Australia's High Court to consider fate of 7 lawmakers
Legal World News | 2017/09/25 00:13
Australia's prime minister said Monday that he was confident that government lawmakers would win a court challenge this week that threatens his administration's slender majority.

Seven High Court judges will decide whether seven lawmakers should be disqualified from Parliament because of a constitutional ban on dual citizens being elected. The three-day hearing begins Tuesday.

The fate of Deputy Prime Minister Barnaby Joyce is most crucial to the government in an unprecedented political crisis.

If the court rules that he was illegally elected in July last year due to New Zealand citizenship he unknowingly inherited from his father, the ruling conservative coalition could lose its single-seat majority in the House of Representatives, where governments are formed.

Joyce could stand in a by-election, having renounced his Kiwi citizenship. But with the government unpopular in opinion polls, voters in his rural electoral division could take the opportunity to throw both the deputy prime minister and his administration out of office.

Two of the six senators under a cloud are government ministers. Fiona Nash inherited British citizenship from her father and Matt Canavan became an Italian through an Australian-born mother with Italian parents. Disqualified senators can be replaced by members of the same party without need for an election.

Prime Minister Malcolm Turnbull has given no indication of what his government would do if the court rules against any of the three ministers.



Court: Utility, not gov't responsible for Fukushima disaster
State Law Issues | 2017/09/22 08:57
A Japanese court has ruled that a utility, not the government, should pay compensation to dozens of former residents of Fukushima for losses to their livelihood caused by meltdowns at a nuclear plant after a massive earthquake and tsunami in 2011.

Chiba District Court ordered Tokyo Electric Power Co. on Friday to pay a total of 376 million yen ($3.4 million) to most of the 45 plaintiffs who sought compensation over the loss of their livelihoods and communities because of radiation contamination.

The court dismissed the plaintiffs' claim the government should also be held responsible for its failure to enforce tsunami safety measures.

About 30 other compensation suits filed by tens of thousands of former Fukushima residents are still pending.

The wrecked Fukushima plant's decommissioning is expected to take decades.


Ohio court sets 2022 execution date for Cleveland killer
Attorney Interview | 2017/09/22 08:57
The Ohio Supreme Court has set a 2022 execution date for a man sentenced to die for fatally shooting a man in an argument over a sewing machine.

Death row inmate Percy Hutton, of Cleveland, was sentenced to die for the 1985 slaying of Derek Mitchell.

Hutton's attorney, Michael Benza, argues the execution date shouldn't be scheduled because the 63-year-old Hutton still has federal appeals pending.

The court on Friday scheduled Hutton to die on June 22, 2022.

Court records show Hutton accused Mitchell of stealing tires and a sewing machine from him, and shot him after recovering the sewing machine. Records say Hutton also shot a second man who survived.


California hits Gatorade in court for "anti-water" videogame
Court Updates | 2017/09/21 08:57
Gatorade has agreed not to make disparaging comments about water as part of a $300,000 settlement reached Thursday with California over allegations it misleadingly portrayed water's benefits in a cellphone game where users refuel Olympic runner Usain Bolt.

The game, downloaded 30,000 times in California and 2.3 million times worldwide, is no longer available.

The dispute between the sports-drink company and California Attorney General Xavier Becerra was settled in less than a day after Becerra filed a complaint in Los Angeles County.

Becerra's complaint alleges the game, called Bolt!, misleadingly portrayed the health benefits of water in a way that could harm children's nutritional choices. The game encouraged users to "keep your performance level high and avoid water," with Bolt's fuel level going down after drinking water but up after drinking Gatorade, the complaint alleged.

The settlement should serve as a warning to companies that falsely advertise, Becerra said.

"Making misleading statements is a violation of California law. But making misleading statements aimed at our children is beyond unlawful, it's morally wrong and a betrayal of trust," he said in a statement.

Gatorade agreed to the settlement but has not admitted wrongdoing.

"The mobile game, Bolt!, was designed to highlight the unique role and benefits of sports drinks in supporting athletic performance. We recognize the role water plays in overall health and wellness, and offer our consumers great options," spokeswoman Katie Vidaillet said in an email.

In addition to agreeing not to disparage water, Gatorade agreed not to make Bolt! or any other games that give the impression that water will hinder athletic performance or that athletes only consume Gatorade and do not drink water. Gatorade also agreed to use "reasonable efforts" to abide by parent company PepsiCo's policy on responsible advertising to children and to disclose its contracts with endorsers.

Of the settlement money, $120,000 will go toward the study or promotion of childhood and teenager nutrition and the consumption of water.


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