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Court: Illinois mom can sue Six Flags for fingerprinting son
Stock Market News |
2019/01/28 10:48
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The Illinois Supreme Court ruled Friday that a woman can sue Six Flags Great America for fingerprinting her child without telling her how the data would be used in violation of the state's biometric law, which privacy advocates consider to be the nation's strongest biometric data safeguards.
Stacy Rosenbach sued the amusement park north of Chicago in 2016, about two years after her son was electronically fingerprinted while buying a season pass. He was 14 at the time.
The lawsuit alleges the park violated the Illinois Biometric Information Privacy Act, which requires businesses and other private entities to obtain consent from people before collecting or disclosing their biometric identifiers and to securely store biometric data they do collect. It also permits people to sue businesses they believe violated the act.
In its ruling for Six Flags, an appellate court determined in 2017 that Rosenbach never demonstrated a direct injury or adverse effect, such as stolen identity or a monetary loss.
The state Supreme Court, in overturning that decision, rejected the argument that individuals should have the right to sue if no real damage occurred after they handed over their biometric information. The court ruled that a violation of the law is damage enough.
"This is no mere 'technicality,'" as the appellate court suggested, Chief Justice Lloyd Karmeier wrote in the opinion. "The injury is real and significant."
Biometric data, fingerprints, facial and iris scans, are increasingly used in tagging photos on social media and recording employee arrivals at the workplace.
Illinois Chamber of Commerce President and CEO Todd Maisch said in a statement the ruling will hurt employers and the state economy. The organization has said that protecting consumers' data is important, but that the way the law is written places a burden on employers.
"We fear that today's decision will open the floodgates for future litigation at the expense of Illinois' commercial health," Maisch said.
Great America spokeswoman Tess Claussen declined to comment, citing the pending litigation.
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Appeals court reopens case involving payment to law firm
Court Watch |
2019/01/26 10:48
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An appeals court on Friday ordered more proceedings in a legal fight involving Kentucky's governor and two of his political rivals over a $4 million payment to a law firm for negotiating a settlement on behalf of the state with the maker of OxyContin.
A three-judge Kentucky Court of Appeals panel ruled unanimously that a summary judgment previously granted in the case was "premature" because it didn't allow more information to be reviewed. The ruling returned the case to a lower court, where it could have implications in this year's governor's race.
"In this case, there was no opportunity to take discovery," Judge Christopher Shea Nickell said in writing for the appeals court panel.
"Since there was no discovery, obviously there was no 'ample opportunity to complete discovery.' ... Thus, we do not even reach the question of whether there were any material issues of fact precluding summary judgment," he added.
The ruling keeping the case alive drew quick praise from Republican Gov. Matt Bevin's administration. Bevin's general counsel, Steve Pitt, said additional information could shed light on why Kentucky's lawsuit against a large pharmaceutical company was settled "for pennies on the dollar."
The case also involves Attorney General Andy Beshear, who already has declared himself a candidate for governor as a Democrat. Bevin and Beshear have been embroiled in several lawsuits since they took office. Bevin filed papers Friday to run for a second term.
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Congress to Probe Report that Trump Directed Lawyer to Lie
Court Watch |
2019/01/21 15:58
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The Democratic chairmen of two House committees pledged Friday to investigate a report that President Donald Trump directed his personal attorney to lie to Congress about negotiations over a real estate project in Moscow during the 2016 election.
House Intelligence Committee Chairman Adam Schiff, D-Calif., said “we will do what’s necessary to find out if it’s true.” He said the allegation that Trump directed Michael Cohen to lie in his 2017 testimony to Congress “in an effort to curtail the investigation and cover up his business dealings with Russia is among the most serious to date.”
The chairman of the House Judiciary Committee, Rep. Jerrold Nadler of New York, said directing a subordinate to lie to Congress is a federal crime.
The report by BuzzFeed News, citing two unnamed law enforcement officials, says that Trump directed Cohen to lie to Congress and that Cohen regularly briefed Trump and his family on the Moscow project — even as Trump said he had no business dealings with Russia. |
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Lawyer: Incapacitated woman who gave birth not in coma
Court Watch |
2019/01/20 16:02
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A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.
The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.
Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.
A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.
News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.
“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper. |
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Court: No new offshore drilling work during federal shutdown
Legal Interview |
2019/01/18 16:15
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A federal judge in South Carolina has turned back the Trump administration's attempt to continue preparatory work for offshore drilling during the federal government's partial shutdown, issuing a ruling in a federal lawsuit challenging the overall expansion plans.
In his order, U.S. District Judge Richard Gergel halted federal agencies "from taking action to promulgate permits, otherwise approve, or take any other official action" for permits to conduct testing that's needed before drilling work can begin.
The ruling comes a few days after President Donald Trump's decision this week to recall workers at the Bureau of Ocean Energy Management so they could continue to process testing permits for possible drilling off the Atlantic coastline. The recall drew an objection from the U.S. House Natural Resources Committee chairman, Democratic Rep. Raul Grijalva (gri-HAWL-vah) of Arizona. He called on Acting Interior Secretary David Bernhardt to reverse course or provide a briefing on the legal justification for the move.
Earlier this month, South Carolina joined a federal lawsuit opposing the administration's plans to conduct offshore drilling tests using seismic air guns. Gergel is overseeing that case, initially filed by environmental groups and municipalities along the state's coast.
The suit challenges permits for the testing that precedes the drilling itself. It claims the National Marine Fisheries Service violated the Marine Mammal Protection Act, the Endangered Species Act and the National Environmental Policy Act in issuing the permits.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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