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Australian man loses bullying-by-breaking wind court case
Attorney Interview |
2019/03/29 12:29
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An Australian appeals court on Friday dismissed a bullying case brought by an engineer who accused his former supervisor of repeatedly breaking wind toward him.
The Victoria state Court of Appeal upheld a Supreme Court judge's ruling that even if engineer David Hingst's allegations were true, flatulence did not necessarily constitute bullying.
Hingst said he would take his case to the High Court, Australia's final court of appeal. The 56-year-old is seeking 1.8 million Australian dollars ($1.3 million) damages from his former Melbourne employer, Construction Engineering.
Hingst testified that he had moved out of a communal office space to avoid supervisor Greg Short's flatulence.
Hingst told the court that Short would then enter Hingst's small, windowless office several times a day and break wind.
Hingst "alleged that Mr. Short would regularly break wind on him or at him, Mr. Short thinking this to be funny," the two appeal court judges wrote in their ruling.
Hingst said he would spray Short with deodorant and called his supervisor "Mr. Stinky."
"He would fart behind me and walk away. He would do this five or six times a day," Hingst said outside court.
Short told the court he did not recall breaking wind in Hingst's office, "but I may have done it once or twice."
Hingst also accused Short of being abusive over the phone, using profane language and taunting him.
The appeal judges found Hingst "put the issue of Mr. Short's flatulence to the forefront" of his bullying case, arguing that "flatulence constituted assaults."
The court found that Short did not bully or harass Hingst. Hingst had failed to establish that Construction Engineering had been negligent. |
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Supreme Court won't stop bump stock ban
Attorney Interview |
2019/03/27 12:36
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The Supreme Court won't stop the Trump administration from enforcing its ban on bump stock devices, which allow semi-automatic weapons to fire like machine guns.
The ban took effect Tuesday. Gun rights groups asked the court on Monday to stop the government from enforcing the ban for now. Chief Justice John Roberts declined one request for the court to get involved on Tuesday and a second request was declined by the court on Thursday. That was the only remaining request.
The administration's ban puts it in the unusual position of arguing against gun rights groups.
President Donald Trump said last year that the government would move to ban bump stocks. The action followed a 2017 Las Vegas shooting where bump stocks were used. Fifty-eight people were killed.
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Court rejects Ghosn’s request to attend Nissan board meeting
Attorney Interview |
2019/03/08 12:42
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A Japanese court has rejected a request by former Nissan chairman Carlos Ghosn, released on bail last week, to attend the Japanese automaker’s board meeting on Tuesday.
Nissan dismissed Ghosn as chairman after his Nov. 19 arrest, but he remains on the board. The Tokyo District Court said it rejected Ghosn’s request on Monday but did not elaborate on the reasons.
It had been unclear whether Ghosn could attend the board meeting. The court’s approval was needed based on restrictions imposed for his release on bail. The restrictions say he cannot tamper with evidence, and attending the board meeting could be seen as putting pressure on Nissan employees.
Prosecutors had been expected to argue against his attendance. They were not available for immediate comment.
Ghosn has been charged with falsifying financial reports in underreporting his compensation and breach of trust in making payments to a Saudi businessman and having Nissan shoulder investment losses.
He insists he is innocent, saying the compensation was never decided or paid, the payments were for legitimate services and Nissan never suffered the losses.
Since his release on March 6 from Tokyo Detention Center on 1 billion yen ($9 million) bail, he has been spotted taking walks in Tokyo with his family, but he has not made any comments.
His attempt to exercise what his lawyer, Junichiro Hironaka, called his “duty” by attending the board meeting signals one way he may be fighting back.
Hironaka has said Ghosn will speak to reporters soon. A date for a news conference has not been announced. |
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Dakota Access developer sues Greenpeace in state court
Attorney Interview |
2019/02/21 09:39
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The developer of the Dakota Access oil pipeline is going after the environmental group Greenpeace in state court in North Dakota, after a judge tossed the company's $1 billion racketeering claim out of federal court.
Texas-based Energy Transfer Partners on Thursday sued Greenpeace and several activists it also had targeted in the federal lawsuit that U.S. District Judge Billy Roy Wilson dismissed on Feb. 14. Wilson said he found no evidence of a coordinated criminal enterprise that had worked to undermine ETP and its pipeline project.
ETP had made claims under the federal Racketeer Influenced and Corrupt Organizations Act and also under North Dakota laws. Wilson did not address the merits of the state claims.
ETP seeks "millions of dollars of damages" in the state lawsuit, which makes similar claims to its federal lawsuit — that Greenpeace and activists conspired to use illegal and violent means such as arson and harassment to disrupt pipeline construction and damage the company, all the while using the highly publicized and prolonged protest to enrich themselves through donations.
"Defendants thus advanced their extremist agenda ... through means far outside the bounds of democratic political action, protest, and peaceful, legally protected expression of dissent," company attorney Lawrence Bender wrote in the complaint.
Greenpeace on Friday had not yet been served with the lawsuit and declined to comment on its specifics. However, Greenpeace attorney Deepa Padmanabha said ETP "is clearly still trying to bully Greenpeace through the legal system."
"We are confident that this latest attempt to silence peaceful advocacy will receive the same fate as the last meritless attack," he said.
Groups and American Indian tribes who feared environmental harm from the pipeline staged large protests that resulted in 761 arrests in southern North Dakota over a six-month span beginning in late 2016. ETP maintains the pipeline is safe. It began moving North Dakota oil through South Dakota and Iowa to a shipping point in Illinois in June 2017. |
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