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Case of Wrongful Termination, Acuerdo y Sentencia No. 109 (2017)

In Agreement and Judgment No. 109 (2017), the plaintiff sued for wrongful termination, claiming that she had been fired from her job as a result of her pregnancy. The plaintiff requested that her termination be revoked and that she be compensated for lost wages, both of which the court granted. The court also ruled that pregnant people cannot be fired from their jobs, even if the employer is not aware of the pregnancy, unless the pregnant person materially violates or fails to fulfill their job obligations.

Ley No. 6453 (2019) que modifica y amplía la Ley No. 5508/2015 promoción, protección de la maternidad y apoyo a la lactancia materna

Law No. 6453 amends and expands the scope of Law No. 5508 on the promotion, protection of maternity and support for breastfeeding. Under this law, employers with more than 10 female employees are required to provide breastfeeding rooms that satisfy the requirements established by the Ministry of Public Health and Wellbeing.

Ley No. 7128 (2023) que aprueba el acuerdo entre la República del Paraguay y el Estado Plurinacional de Bolivia para fortalecer la lucha contra la trata de personas y delitos conexos

Law No. 7128 (2023) approving the agreement between the Republic of Paraguay and the Plurinational State of Bolivia to strengthen the fight against trafficking in persons and related crimes, approves the bilateral agreement between Paraguay and Bolivia to cooperate in the prevention of human trafficking. The agreement provides that both countries will cooperate in formulating policies and programs to prevent human trafficking and related crimes, which includes coordinating with international and non-profit organizations and the private sector.

Ley No. 5422 (2015) que modifica los artículos 4, 5, 6, 7 y 13 de la Ley No. 45/1991 que establece el divorcio vincular del matrimonio

Law No. 5422 (2015) amending Articles 4, 5, 6, 7, and 13 of Law No. 45/1991 establishing the binding divorce of marriage, is the most recent legislation on divorce in Paraguay. This law expands upon the enumerated causes for divorce in Article 4 of Law No. 45. The most notable addition to the list is recognition that the commission of any criminal act against one’s spouse or children is a cause for divorce. This law also removes the requirement established in Law No.

Ley No. 45 (1991) que establece el divorcio vincular del matrimonio

Law No. 45 established binding divorce proceedings in Paraguay by modifying the country’s Civil Code, which previously did not allow for divorce. Article 1 requires a judicial decision to finalize a divorce and, under Article 4, the spouses must allege one of the enumerated causes for divorce. However, the causes for divorce listed in Article 4 have since been modified by Law No.

Ley No. 6202 (2018) que adopta normas para la prevención del abuso sexual

Law No. 6202 (2018) adopting standards for the prevention of sexual abuse and the comprehensive care of children and adolescent victims of sexual abuse, addresses the sexual abuse and rape of children and adolescents, specifically measures for prevention and victim care. It provides that the government shall create and distribute programs to support victims of sexual abuse and to prevent and eradicate such abuse.

Pung v. Isabella County, Michigan

Issues

When the government takes and sells a delinquent taxpayer’s property that is worth more than what the taxpayer owes, does the delinquent taxpayer get reimbursed according to the fair market value of the property, or according to what the government actually sold it for?

This case asks how delinquent taxpayers should be compensated when their forcefully forfeited property is worth more than their underlying tax debt, and that forfeited property is auctioned off in a foreclosure proceeding. Petitioner Pung argues that he is entitled to compensation according to the true market value of the property because not doing so would be a taking without just compensation. Respondent Isabella County argues that the actual sale price is the correct benchmark, and any loss sustained by the delinquent taxpayer is within the bounds of the Fifth Amendment. Pung further argues that the government returning the difference between the unpaid tax and the actual sale price, rather than the fair market value of the property, to delinquent taxpayers is an excessive fine in violation of the Eighth Amendment. Isabella County counters that this case does not involve a fine, so Eighth Amendment protections against excessive fines do not apply. This case touches on important questions regarding economic consequences of tax delinquency and the impact of foreclosures on communities.

Questions as Framed for the Court by the Parties

1. Whether, after foreclosing on and selling a property to collect delinquent taxes, the government provides just compensation under the Fifth Amendment’s Takings Clause when it pays the former property owner the difference between the property’s auction sale price and the tax debt, even though it is significantly less than the fair market value of the property.

2. Whether a government violates the Eighth Amendment’s Excessive Fines Clause when it forecloses on real property worth more than needed to satisfy a tax debt and pays the former property owner only the difference between the property’s auction sale price and the tax debt.

Michigan’s General Property Tax Act (“GPTA”) empowers local governments to levy property taxes, as well as allow exemptions to those taxes. MICH. COMP.

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Havana Docks Corporation v. Royal Caribbean Cruises, Ltd.

Issues

Must a plaintiff bringing a claim under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act prove that the defendant trafficked in property confiscated by the Cuban government in which the plaintiff holds a claim, or instead in property the plaintiff would have owned at the time of trafficking had no expropriation occurred?

This case asks the Supreme Court to determine whether the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act (“the Act”), passed to compensate United States nationals for property seized by the Cuban Regime, provides a private cause of action only for property interests held at the time the Act was passed. Petitioner Havana Docks Corporation, whose facilities were confiscated by the Cuban government in 1960, argues that limiting the cause of action to present-day interests violates the original objectives of the Act. Although its ownership would have expired in 2004, Havana Docks asserts that it retains a continuing property interest according to the Act. Respondent cruise lines, including Royal Caribbean Cruises, contend that the Act only protects specific types of property interests and that they did not “traffic” in Havana Docks’ property according to the statute’s definition. The outcome of the case has implications for United States foreign policy goals in Cuba as well as U.S. nationals’ ability to receive compensation for past confiscations by the Cuban government.

Questions as Framed for the Court by the Parties

Whether a plaintiff under Title III of the LIBERTAD Act must prove that the defendant trafficked in property confiscated by the Cuban government as to which the plaintiff owns a claim, or instead that the defendant trafficked in property that the plaintiff would have continued to own at the time of trafficking in a counterfactual world “as if there had been no expropriation.”

In 1905, the Cuban government granted a company, Compañia del Puerto, a concession—an agreement to build and operate a pier at Havana’s port at its own expense. Havana Docks Corp. v.

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