Legal news from Tuesday, September 28, 2004
21:09 EDT

Seeking to prevent the Justice Department from obtaining records of telephone calls between two journalists and their confidential sources, the New York Times has filed a lawsuit against US Attorney General John Ashcroft. The Times alleges that as part of a probe seeking to identify government officials who may have [read more]

21:09 EDT

In Tuesday's environmental law news, the San Francisco mayor's office has issued a new action plan (not yet available online) aimed at reducing the city's greenhouse emissions by the year 2012 by 20% of 1990's emission levels. The plan emphasizes rewarding recycling efforts, the conversion of city buildings and vehicles [read more]

20:09 EDT

The Federal Election Commission announced Tuesday that it will appeal a ruling by US District Judge Colleen Kollar-Kotelly that recently struck down more than a dozen of the government's current rules on political fund-raising, ordering the government to write new rules. In a press release, the FEC said that it [read more]

20:09 EDT

A panel of the US Court of Appeals for the Ninth Circuit ruled on Tuesday that California's tough anti-smoking advertisements do not violate the First Amendment rights of tobacco companies. Attorneys for tobacco companies RJ Reynolds Tobacco Co. and Lorillard Tobacco Co. argued that because the tobacco giants were being [read more]

17:09 EDT

In Tuesday's corporations and securities law news, Roger Barnes, the Fannie Mae whistleblower who raised the company's accounting problems, will testify before a House Financial Services subcommittee on October 6. Meanwhile, the mortgage financier announced it has discussed with regulators the possibility of an earnings restatement. Reuters has more.In other [read more]

16:09 EDT

The US Supreme Court rejected a last-ditch effort by Ralph Nader to get his name on Oregon's presidential ballot late Tuesday when they refused to block Oregon from printing ballots that lacked Nader's name. Justice Stephen Breyer, however, noted that he supported the stay application. Just last week, the Oregon [read more]

16:09 EDT

The US Justice Department announced Tuesday that it will appeal Nebraska US District Judge Richard Kopf's ruling which three weeks ago struck down the Partial-Birth Abortion Ban Act to the US Court of Appeals for the Eighth Circuit. President Bush signed the act last year banning procedures where the fetus [read more]

16:09 EDT

The US Army announced Tuesday that thirty percent of former US soldiers who have recently been involuntarily called back to duty - many in connection with missions in Iraq and Afghanistan - have failed to report on time, and eight have actualy been declared AWOL. The Army is using the [read more]

16:09 EDT

The New Mexico Supreme Court ruled Tuesday that Ralph Nader be placed on New Mexico's ballot as a presidential candidate. The New Mexico Democratic Party had brought the lawsuit in an attempt to keep Nader off the ballot. The order overturns a decision by District Judge Theresa Baca, who ruled [read more]

15:09 EDT

Zacarias Moussaoui's lawyers have asked the full US Court of Appeals for the Fourth Circuit to rehear issues adjudicated by a three-judge panel earlier this month. The rehearing would focus on whether Moussaoui can have direct access to al-Qaida witnesses and whether the government can seek the death penalty. Earlier [read more]

15:09 EDT

John Walker Lindh, the so-called "American Taliban", asked President Bush Tuesday to commute his 20-year prison sentence for aiding the Taliban. Lindh's lawyer, James Brosnahan, said Lindh was just a young man in the wrong place at the wrong time and that his sentence should be reduced in light of [read more]

13:09 EDT

Russian police have arrested two men suspected in the murder of US journalist Paul Klebnikov, authorities said Tuesday. Police seized three guns during the arrests, one of which may have been the murder weapon. Klebnikov, who served as the editor of Forbes magazine's Russian edition, was killed July 9 outside [read more]

13:09 EDT

UN High Commissioner for Human Rights Louise Arbour said Tuesday in an address to the UN Commission on Human Rights that the UN needed to "massively increase" its presence in the Darfur region of Sudan to help protect non-Arab villagers in the region. Arbour said she would recommend to UN [read more]

12:09 EDT

The General Accountability Office, Congress' investigative branch, has reported that the Bush administration illegally allowed private health plans in a Medicare trial to limit some participants' choice of health-care providers. The trial of private plans utilized preferred provider organizations (PPOs), a form of health insurance popular among senior citizens. The [read more]

11:09 EDT

The US Supreme Court granted certiorari Tuesday in eight cases. In Clingman v. Beaver, the Court will consider whether political parties may open primaries to all voters, rather than limiting them to members and independents. AP has more. In Kelo v. City of New London, the Court will decide when [read more]

11:09 EDT

Amazon.com and Microsoft announced Tuesday that they have jointly filed a federal lawsuit against Ontario-based Gold Disk Canada, accusing the company of misusing Microsoft's Hotmail services and forging Amazon's domain name when sending millions of spam e-mails. Amazon also filed three individual suits against defendants allegedly involved in phishing schemes [read more]

10:09 EDT

According to a statement released by prosecutors Tuesday, former Chilean dictator General Augusto Pinochet has denied any involvement in alleged human rights abuses, insisting that the infamous Operation Condor in the 1970s (background here) was run by middle management in the goverment and was beneath his notice as head [read more]

10:09 EDT

Pharmaceutical giant Pfizer said Tuesday that it has filed an appeal with Beijing's First Intermediate People's Court against China's State Intellectual Property Office decision to reject the company's Chinese patent for Viagra. Pfizer's efforts to obtain a patent for Viagra are seen as a test of China's willingness to protect [read more]

09:09 EDT

A Chilean judge has ordered former dictator Augusto Pinochet (profile from BBC News) to undergo psychiatric and neurological tests to determine whether he should stand trial on human rights charges. Three doctors, picked by the judge, defense lawyers and lawyers for the victims' relatives, will examine Pinochet Thursday. As previously [read more]

09:09 EDT

The European Union's Court of First Instance Tuesday annulled the European Commission decision prohibiting a merger between WorldCom and Sprint, ruling that the Commission no longer had the power to adopt the decision after it had been notified that the merger had been abandoned. In 2000, the Commission blocked the [read more]

08:09 EDT

Zuhair Maliky, chief judge of Iraq's Central Criminal Court, has said that the counterfeiting case against Iraqi politician and former Governing Council member Ahmed Chalabi (profile from BBC News) has been "temporarily dismissed" due to insufficient evidence. An arrest warrant had been issued for Chalabi after police found counterfeit Iraqi [read more]

08:09 EDT

The four remaining British Guantanamo Bay detainees will face US military Combatant Status Review Tribunals (CSRT), despite a US agreement with UK Attorney General Lord Goldsmith that the detainees would not face military commissions. Lawyers for the detainees are calling some of the tribunal's features worse than those of the [read more]

07:09 EDT

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Tuesday, September 28.Yaser Esam Hamdi, the subject of a June US Supreme Court decision limiting presidential authority to hold enemy combatants indefinitely, will be released today and flown to Saudi Arabia. JURIST's Paper Chase has [read more]

05:09 EDT

In Tuesday's US law and business press, the Legal Times reports that more than 90 prominent lawyers are criticizing law clerks who gave behind-the-scenes details about Bush v. Gore to Vanity Fair.... The ABA Journal reports on a CT appeals court ruling that a law firm's promissory note for payment [read more]

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