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Top French court to rule on faulty breast implant scandal
Attorney News | 2018/10/09 00:36

France's top court is ruling Wednesday in a case that may require some 1,700 women around the world to pay back compensation they received over rupture-prone breast implants.

The decision is the latest in a years-long legal drama that has potential implications for tens of thousands of women from Europe to South America who received the faulty implants, which were made with industrial-grade silicone instead of medical silicone. The scandal helped lead to tougher European medical device regulations.

France's Court of Cassation is ruling Wednesday in one of multiple legal cases stemming from the affair. The case concerns German products-testing company TUV Rheinland, which was initially ordered to pay 5.7 million euros (currently $6.5 million) damages to the women.

The manufacturer of the implants, French company Poly Implant Prothese, or PIP, was convicted of fraud. But the bankrupt manufacturer couldn't pay damages to the women, who suffered from often painful, leaky implants — so they sought compensation from TUV Rheinland instead, arguing it should have never certified the product in the first place.

An appeals court in Aix-en-Provence later found the Germany company was not liable for the faulty implants, and ordered women to pay back the damages in 2015. TUV Rheinland lawyer Cecile Derycke says the company has paid 5.7 million euros ($6.5 million) overall to the women involved in this case, many in Colombia but also around Europe and elsewhere.

The case is now at the Court of Cassation, which will decide whether to uphold the appeals ruling or send it back for new legal proceedings. Lawyer Derycke argues that TUV Rheinland is being unfairly held responsible for PIP's wrongdoing.

Lawyer Olivier Aumaitre, representing thousands of women with the implants, argues that if no one is held responsible, then Europe's consumer product certification system is meaningless.

While 1,700 women will be directly affected by Wednesday's ruling, it could have fallout for thousands of others who joined other lawsuits seeking damages from TUV Rheinland.



Bill Cosby's day of reckoning arrives in court
Attorney News | 2018/09/27 10:24

The woman Bill Cosby was convicted of drugging and sexually assaulting said in a statement released at the comedian's sentencing Tuesday that she has had to cope with years of anxiety and self-doubt that have left her "stuck in a holding pattern."

Andrea Constand, 45, said her training as a professional basketball player had led her to think she could handle anything, but "life as I knew it" ended on the night in 2004 that Cosby knocked her out with pills and violated her.

The statement was released as Judge Steven O'Neill weighed Cosby's punishment and whether to declare the 81-year-old TV star a "sexually violent predator," a legal scarlet letter that would subject the comedian to monthly counseling for the rest of his life and would require that neighbors, schools and day care center be notified of his whereabouts.

The comic once known as America's Dad faced anywhere from probation to 10 years in prison after being convicted in April in the first celebrity trial of the #MeToo era.

Prosecutors asked a judge to give Cosby five to 10 years behind bars, while his lawyers asked for house arrest, saying the former TV star is too old and helpless to do time in prison.

Constand said she now lives alone with her two dogs and has trouble trusting people.

"When the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities," she wrote in her five-page statement.


Hungarian appeals court cuts Syrian’s sentence over migrant riot
Attorney News | 2018/09/18 07:19

A Hungarian appeals court has lowered to five years from seven the prison sentence of a Syrian man convicted of entering Hungary illegally and of complicity in throwing rocks at police during a 2015 border riot.

The case stems from rioting at the Hungary-Serbia border on Sept. 16, 2015, when dozens of police officers, migrants and some journalists were injured in clashes a day after Hungary closed the frontier, stranding hundreds of migrants.

Amnesty International said the “absurd” conviction exemplified “the erosion of the rule of law and human rights protections in Hungary.”

The appeals court in the southern city of Szeged said Thursday that Ahmed Hamed has to serve at least two-thirds of his sentence before he can be released.



Belgian court rules out extradition for Spanish rapper
Attorney News | 2018/09/17 21:05

A Belgian court on Monday ruled that Spanish rapper Valtonyc should not be sent back to Spain, where he was sentenced to prison accused of writing lyrics that praise terror groups and insult the royal family.

The rapper, whose real name is Jose Miguel Arenas Beltran, was supposed to turn himself in voluntarily in May to authorities in Spain, where he faces prison sentences totaling three and a half years, but instead fled to Belgium.

"The judge has decided there will be no extradition and discarded all three charges," his lawyer, Simon Bekaert, told reporters near the court in the city of Ghent.

Bekaert said the judge ruled "there is no terrorism involved, there is no incitement of terrorism, so there is no question of a crime according to Belgian law." He said the judge also found that there is no crime to answer to over insulting the Spanish king and that no threat was made that could warrant extradition.

"I feel good, I am happy. But I am sad for the people in Spain, who unlucky, they don't have justice like me here," Arenas told reporters, in English."

The ruling could re-ignite tensions between Belgium and Spain over extradition demands.

Late last year, Spain dropped a European arrest warrant against former Catalan leader Carles Puigdemont after it became clear that Belgian justice authorities were unlikely to recognize some of the Spanish charges against him.


Sotomayor tells kids: Reading helped me reach Supreme Court
Attorney News | 2018/09/17 21:05

Justice Sonia Sotomayor says reading helped her reach the Supreme Court.

Sotomayor on Sunday celebrated the release of her two children's books by speaking to parents and children at the Newark Public Library in New Jersey.

The Star-Ledger of Newark reports she said she never dreamed she would become a Supreme Court justice because she didn't know what one was when she was a child. She says her mother made sure books were part of her upbringing. Best Legal Web Marketing

Sotomayor's books, "Turning Pages: My Life Story" and "The Beloved World of Sonia Sotomayor!" examine how her family and her determination moved her through life.



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