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Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.

The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.

Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.

Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.

An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.

The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.

The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.

The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.

Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee.


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.


The highest court in Massachusetts says a man convicted of involuntary manslaughter should get a new trial because two jurors at his original trial slept during testimony.

The Supreme Judicial Court said Thursday the judge in the 2011 trial of Anthony Villalobos erred by failing to question the jurors about what they had missed while napping.

Villalobos was one of a dozen men charged in what was called the "tuxedo killing." The suspects, some wearing black tuxedos with red vests, went to a Boston club in August 2009 after attending a funeral and got into a fight with another group outside. Jose Alicea died of injuries sustained in the fight.

Prosecutors called Thursday's decision "disappointing and frustrating" but have not yet decided whether to retry. Villalobos has already been released from prison.




For two decades, Jerry Wolkoff let graffiti artists use his crumbling Queens warehouse complex as a canvas for their vibrant works. Artists gave the spot the name "5Pointz" — a place where all five New York City boroughs come together — but painters traveled from as far as Japan and Brazil to tag, bomb and burn at what became a graffiti mecca and a tourist destination.

But like most graffiti, it didn't last. Wolkoff whitewashed the building in 2013 then tore it down to build luxury apartment towers.

Four years later, some of the artists whose work was destroyed are in court, arguing that even though the building belonged to Wolkoff, the art was protected by federal law.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

Barry Werbin, an attorney specializing in intellectual property, said the case is significant because no lawsuit under the statute has been tried by a jury before.


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