[JURIST] Pharmaceutical giant Merck and Co., maker of the recalled pain reliever drug Vioxx, said Monday it had been served a subpoena by the US Department of Justice and that it is also the subject of an inquiry by the Securities and Exchange Commission. Merck began a voluntary worldwide withdrawal of the drug, which had entered the market in 1999, on September 30, 2004. As of October 31, Merck says it has been named in about 375 lawsuits, including state consumer fraud and fair business practice cases. Merck maintains a website on its voluntary Vioxx withdrawal here. Reuters has more.

Judge James Robertson of the US District Court of the District of Columbia has stopped Guantanamo military commission proceedings against Salim Ahmed Hamdan, Osama bin Laden's bodyguard and driver from 1996 to 2001, on the grounds that they are unlawful as presently constituted (see this previous report in JURIST's Paper Chase). Judge Robertson ruled that Hamdan had not been found by a competent tribunal to be or not to be a prisoner of war, that he was due the full protections of a prisoner of war under the Third Geneva Convention until that time, and that the rules for his trial by commission - in particular with regard to review and to the accused right to be privy to evidence against him - were not in keeping with those for a court-martial due a POW.

This is the first time a federal court has stopped proceedings for a trial before a US military commission; the ruling effectively stops all proceedings against all charged Gitmo detainees, since the Combatant Status Review Tribunals before which they have appeared have been adjudged incompetent for POW status determinations. Judge Robertson wrote:

Salim Ahmed Hamdan petitions for a writ of habeas corpus, challenging the lawfulness of the Secretary of Defense’s plan to try him for alleged war crimes before a military commission convened under special orders issued by the President of the United States, rather than before a court-martial convened under the Uniform Code of Military Justice. The government moves to dismiss. Because Hamdan has not been determined by a competent tribunal to be an offender triable under the law of war, 10 U.S.C. § 821, and because in any event the procedures established for the Military Commission by the President’s order are “contrary to or inconsistent” with those applicable to courts-martial, 10 U.S.C. § 836, Hamdan’s petition will be granted in part. The government’s motion will be denied.

[JURIST] Ex-Enron Chief Executive Officer Jeff Skilling today filed a motion with US District Judge Sim Lake to move his trial from Houston. Skilling, who hired five experts to examine the publicity of the Enron collapse, asserts Houston-area residents are prejudiced against him and that the city has a personal, emotional and economic stake in the outcome of the trial. Skilling suggests Atlanta, Phoenix, and Denver as possible cities for his trial. Skilling's co-defendants, former Enron Chairman Ken Lay and former Chief Accounting Officer Rick Causey, have also joined in the request. Read the motion to move the trial here [PDF]. Read the SEC complaint against Skilling here [PDF]. Read the indictment against Skilling here [PDF]. Paper Chase has continuing coverage of the Enron trials. The Houston Chronicle has more.

[JURIST] For the first time in its 214-year history, Pitcairn Island has selected a woman mayor. The island's former mayor Steve Christian was removed following his recent conviction for rape and sex attacks. Christian is one of six men convicted of the crimes who were handed sentences ranging from jail to community service. The new mayor is Christian's sister, Brenda Christian, who will lead the 47-member island community until formal elections can be held on December 15. Paper Chase has previous stories on the Pitcairn sex trial here. BBC News has more.

[JURIST] Three Sikh boys have been expelled from a school outside Paris for breaking the new French law which bans religious items in the classroom. The boys were expelled after months of debate to determine whether turbans were acceptable under the new law. In most schools, Sikhs have reached agreements where they are allowed to wear a keski, a smaller version of the turban. While these are the first Sikhs punished under the law, several Muslim girls have already been expelled. French authorities have indicated that they did not consider the Sikh community when drawing up the law. The law's original purpose was to stop Muslim girls from wearing scarves in schools. All three boys plan to appeal the expulsion. For background on the headscarf ban, see this legislative dossier from the French Senate. BBC News has more.

[JURIST] Jordan's State Security Court on Monday acquitted four defendants charged with forming a "fighting cell" and planning attacks on Americans and Jews in Jordan. The acquittals were reportedly due to a lack of evidence. Each of the defendants were nonetheless sentenced to one year in prison for possessing illegal weapons; three of them were given credit for time served and were released following the verdicts. The fourth defendant, a former police officer, is at large and was tried in absentia. AFP has more. According to a Jordanian government website, the State Security Court is a military tribunal composed of both military and civilian judges, with jurisdiction over security-related matters. Its rulings are subject to review by the country's High Court.

[JURIST] A report by the Rand Institute for Civil Justice released Monday has found that victims of the September 11 terrorist attacks have received $38.1 billion in compensation, mostly from insurance companies. The largest portion of the compensation went to New York City businesses, which received $23.3 billion. Additionally, some lawsuits over the attacks are still in process. The 211-page report is available here. The federal Terrorism Risk Insurance Act, is set to expire in 2005, although there is pending legislation to retain the insurance. AP has more.

[JURIST] The Swiss government announced Monday that a special prosecutor has been appointed to determine whether government officials in the Swiss Federal Prosecutor's Office leaked secret information that aided Russia's legal campaign against Yukos, its largest oil company. The Swiss government made the appointment in response to complaints from lawyers defending Yukos that claimed Swiss officials disclosed information regarding $4.9 billion of Yukos-related assets in Switzerland that were frozen in reponse to the Russian investigation. SwissInfo has more. Paper Chase has background on the Yukos case and the Russian prosecution of former Yukos head Mikhail Khodorkovsky.

[JURIST] In Monday's corporations and securities law news, securities regulator National Association of Securities Dealers (NASD) has announced that it has brought charges against H&R Block Inc. for fraudulently promoting Enron Corp. bonds to customers just weeks before the energy giant declared bankruptcy in 2001. The company received profits of over $500,000 by allegedly paying its brokers sales credits that were "significantly higher than were typically paid" to sell the Enron bonds. Read the NASD press release here. AP has more.

In other news, SEC examiners are investigating more than a dozen major brokerage firms, including Ameritrade, E-Trade Financial, Merrill Lynch, Morgan Stanley and Charles Schwab. The investigation relates to a recently discovered trading pattern which executes some stock trades in ways that favor the firms at the expense of their customers. Brokers are required to secure the best available price for customers by law. AP has more.... As previously reported on JURIST's Paper Chase, Microsoft Corp. has announced an agreement in its antitrust dispute with Novell Inc. Under the agreement, Microsoft will pay $536 million and the Computer & Communications Industry Association (CCIA) and Novell will stop helping the European Union in its case against Microsoft. Read Novell's press release here, and Microsoft's release here. Read Microsoft's press release relating to CCIA here. Bloomberg has more.... Harmony Gold Mining Ltd. announced it will continue its multi-billion dollar takeover bid for Gold Fields Ltd. after Gold Fields brought charges against the company alleging violations of securities laws and misleading shareholders in its hostile bid. Read Gold Fields response to the takeover attempt here. AP has more.... As previously reported on JURIST's Paper Chase, the Swiss government announced Monday that special prosecutor Yves Maitre has been appointed to determine whether government officials leaked secret information that aided Russia's campaign against Yukos, its largest oil company. Paper Chase has background on the Yukos case. AFP has more.... As previously reported on JURIST's Paper Chase, New York Attorney General Eliot Spitzer Monday announced the resolution of three cases that involved posting false bids to drive up the price of auctions on internet marketplace EBay. Read the New York Attorney General's office press release here. The Business Review has more.... As previously reported on JURIST's Paper Chase, US District Judge Denise Cote of the Southern District of NY has approved a $2.6 billion settlement between Citigroup and WorldCom (now MCI) investors, one of the biggest class-action lawsuits resulting from a series of corporate scandals. New York State Comptroller Alan G. Hevesi, the lead plaintiff in the case, released this statement. More information and materials on the WorldCom securities litigation is here. Dow Jones has more.

[JURIST] The European Union filed a complaint Monday with the World Trade Organization against the US and Canada for failing to lift sanctions against the EU over the EU's ban on importing hormone-treated beef. In 1998, the WTO ruled that the EU's beef ban was illegal, and the US and Canada responded with $125 million in sanctions against European imports. The EU then passed new legislation, which it claims is now in compliance with WTO rules. The US and Canada maintain that the ban is still illegal, and unsupported by scientific proof. EU officials in Geneva requested "formal consultations" with the two countries. If the countries cannot resolve the issue with the 60-day talks, the EU plans to start a dispute proceeding. The EU press release announcing the complaint is here. EUobserver has more. Background information on the EU beef ban can be found here.

[JURIST] Chief Justice William Rehnquist remained at home Monday while the Supreme Court heard arguments in two cases. Rehnquist continues to work from home while he receives radiation and chemotherapy for thyroid cancer. Justice John Paul Stevens commented from the bench at this morning's court session that Rehnquist "is unable to be present but will participate in the consideration and discussion of the cases on the basis of the briefs and the transcripts of oral argument.” The Supreme Court heard arguments in Devenpeck v. Alford and Shepard v. United States (case summaries from Duke Law School). The Court also issued an order list Monday, but made no new grants of certiorari.

[JURIST] Twelve female prisoners jailed in Nepal for having abortions prior to 2002 have been granted amnesty, Nepalese King Gyanendra Bir Bikram Shah Dev said Monday through a Department of Prisons press release. Abortions were illegal in Nepal until 2002 and were punishable by up to three years in prison. Women's rights groups had been fighting for the prisoners' pardons ever since abortions were legalized after the country became concerned over women dying from unsafe illegal abortions. BBC News has more, including background on the issue.

[JURIST] New York Attorney General Eliot Spitzer Monday announced the resolution of three cases that involved posting false bids to drive up the price of auctions on internet marketplace EBay. Over 120 people will receive restitution payments for their purchases of artwork, sports memorabilia, and cars in on-line auctions; together with fines, the sellers will pay almost $90,000. In the only criminal case, a former owner of an auction gallery pleaded guilty to combination in restraint of trade, a felony violation of New York antitrust law punishable up to four years in prison. Read the New York Attorney General's office press release here. AP has more.

[JURIST] Novell Inc. announced Monday that it has agreed to a settlement with Microsoft Corp. over antitrust issues. The dispute involved Novell's NetWare, an operating system with which Novell had hoped to compete with Microsoft's Windows. The two companies agreed that Microsoft will pay Novell $536 million in cash. Novell has plans for an additional antitrust suit regarding competitive practices with Novell's WordPerfect word processing software. Read Novell's press release here, and Microsoft's release here. Also Monday, Microsoft settled with the Computer & Communications Industry Association (CCIA) in an agreement under which the CCIA undertook not to seek Supreme Court review in its challenge to the US government's antitrust case against Microsoft. The CCIA also agreed it would not further participate as intervener on behalf of the European Commission in Microsoft's appeal of that body's antitrust ruling against it. Reuters has more. Read Microsoft's press release here.

UPDATE: AFP reports Microsoft is planning a news conference regarding the two settlements at 4 PM CET.

[JURIST] Lawyers for Osama bin Laden's driver are seeking a delay today in his scheduled pretrial hearing before a US military commission at Guantanamo Bay, Cuba. Salim Ahmed Hamdan, who drove the al-Qaida leader, is charged with conspiracy. His military-appointed attorney, Lt. Cmdr. Charlie Swift, has filed a federal lawsuit arguing that the military commissions set up by the Defense Department to try suspected terrorists are not legal and have no jurisdiction to try Hamdan. Swift and other defense attorneys have argued that there are many problems with the commissions, including vague rules, no specific appeal process, and no clear rules of evidence; Swift has asked that Hamdan's hearing be delayed until civilian courts rule on the legality of the commissions and their procedures. AP has more.

[JURIST] US District Judge Denise Cote of the Southern District of NY has approved a $2.6 billion settlement between Citigroup and
WorldCom (now MCI) investors, one of the biggest class-action lawsuits resulting from a series of corporate scandals. The class-action lawsuit accused Citigroup and other investment banks that underwrote WorldCom bonds of failing to conduct due diligence before bringing the securities to market. Citigroup must pay the settlement to WorldCom stockholders and bondholders; investors also will receive $51 million in interest. WorldCom emerged from bankruptcy protection earlier this year. Judge Cote called the settlement "historic". New York State Comptroller Alan G. Hevesi, the lead plaintiff in the case, released this statement. More information and materials on the WorldCom securities litigation is here. Reuters has more.

[JURIST] Officials from Georgia's Cobb County School District head to federal court today to defend against a lawsuit filed by parents and the ACLU of Georgia accusing the school district of promoting religion by stating in students' science books that evolution is "a theory, not a fact." The lawsuit argues that the disclaimer restricts the teaching of evolution and promotes the teaching of creationism. School officials claim that the statement is only meant to encourage students to "keep an open mind." The disclaimer was added in 2002, after thousands of parents criticized the science textbooks because they did not discuss alternative theories to evolution. The US Supreme Court ruled in Edwards v Aguillard (1987) that creationism was a religious belief that could not be taught in public schools along with evolution. AP has more.

[JURIST] Three House Democrats have called for an official investigation into voting machine irregularities during the 2004 election. Congressmen Robert Wexler of Florida, Jerrold Nadler of New York, and John Conyers of Michigan sent a letter to the Government Accountability Office (GAO) Friday outlining several incidents that they learned about in the days following the election. These include allegations of technical problems associated with e-voting, such as memory card failure and lost votes in electronic machines in Ohio, North Carolina, and Florida as well as problems with the counting of absentee ballots in Florida. The majority of the alleged glitches had the effect of inflating votes for Bush. A spokesman for Representative Nadler said that they were not seeking a nationwide recount and were not anticipating that an investigation would change the outcome of the election. Their focus was to uncover the problems and make sure that they are fixed. The GAO has not officially responded yet, however, they previously reported that they intend to write a report about e-voting in general during this election. Prior to the election, the GAO completed a study of electronic voting (May 2004). Highlights of that report can be found on the GAO website [PDF]. Wired News has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Monday, Nov. 8.

The US Supreme Court hears arguments in two cases Monday, with the first to begin at 10 AM ET. In Devenpeck v. Alford (case summary from Duke Law School), the Court will decide whether an arrest violates the Fourth Amendment if the officer has probable cause to arrest for an offense that is not closely related to the reason given for the arrest. The ABA has merit briefs filed in the case. The Court will also hear Shepard v. United States (case summary from Duke Law School), in which it considers whether a court may consider the underlying circumstances of a previous conviction under the three-strikes weapons law, the Armed Career Criminal Act (section e). The ABA has merit briefs for the case.

Iowa is expected to complete its count of provisional ballots by today or Tuesday, as required under Iowa Code § 50.21.

The US House and Senate are in recess until Tuesday, Nov. 16.

The Arctic Council will issue its Arctic Climate Impact Assessment report summarizing the impact of global warming on the Arctic and recommending policies to address it. A live webcast will begin at 9:30 AM ET via C-SPAN 2.

At the International Criminal Tribunal for the former Yugoslavia, Beqë Beqaj is scheduled for an initial appearance before the tribunal. Read the Beqaj indictment. A live webast of the appearance is scheduled for 3:30 AM ET (9:30 local time). Also Monday, trials continue for Momcilo Krajisnik, Enver Hadzihasanovic and Amir Kubura . A live webcast of the Krajisnik trial will begin at 8:45 AM ET (2:45 local time).