Legal news from Thursday, December 2, 2004
20:12 EDT

[JURIST] Military judge Col. Stephen Henley Thursday denied a motion by lawyers representing Pfc. Lynndie England to suppress two written statements made by England describing the physical abuse and sexual degradation of detainees at the Abu Ghraib prison in Iraq. Henley did throw out a third statement, however. CNN has [read more]

19:12 EDT

[JURIST] US District Judge Leonie M. Brinkema Thursday denied a US government motion to set a trial date in its case against Zacarias Moussaoui. Brinkema stated in her decision [PDF] that her original order [PDF] entered on November 5, 2003 staying the case will remain in effect. Moussaoui, a French [read more]

17:12 EDT

[JURIST] AP is reporting that United States ambassador to the UN John Danforth has resigned after barely five months service since his swearing-in on July 1, 2004 following predecessor John Negroponte's move to Baghdad as head of the new US embassy there. The position of US UN ambassador is a [read more]

17:12 EDT

[JURIST] NBC News reports that President Bush has nominated former New York Police Commissioner Bernard Kerik to replace Tom Ridge as Secretary of Homeland Security. MSNBC has more. [read more]

17:12 EDT

[JURIST] In a settlement that resolves the Eastern District of Missouri's largest-ever healthcare fraud case, Gambro Healthcare, the country's third-largest provider of kidney dialysis, has agreed to pay $350.5 million in civil and criminal penalties for overcharging the government, and its subsidiary Gambro Supply Corporation has agreed to permanent disqualification [read more]

16:12 EDT

[JURIST] Over the objections of real estate developers, California's Sacramento County Board of Supervisors has voted to adopt one of the nation's most far-reaching affordable-housing policies. As of next month, the policy will require developers to set aside 15% of all construction in unincorporated areas for low-income residents, with 3% [read more]

16:12 EDT

[JURIST] In the most thorough revision of Japan's penal and criminal procedure codes since their enactment in 1907, the House of Councillors on Wednesday lengthened prison terms for many felonies, increased the statute of limitations, enhanced victims' rights, and codified gang rape as a crime distinct from and more serious [read more]

15:12 EDT

[JURIST] A new custody hearing ordered by the Nebraska Supreme Court after a finding that the state violated the due process rights of Guatemalan refugee Mercedes Santiago-Felipe has reunited her with the two American-born children she had not seen in three years. Santiago-Felipe came to the United States and sought [read more]

15:12 EDT

[JURIST] In Thursday's corporations and securities law news, a federal judge ruling in the Qwest investor lawsuit threw out claims against former Qwest president Afshin Mohebbi, former sales executive Gregory Casey, and some claims against the company. The claims arose from a investor lawsuit accusing the company and its executives [read more]

14:12 EDT

[JURIST] Updating an earlier report in JURIST's Paper Chase, the Ukrainian Supreme Court adjourned Thursday without ruling on the opposition's election fraud case, as had previously been anticipated. The court did, however, begin hearing final arguments in the appeal, and will continue to do so Friday. AP has more. Opposition [read more]

13:12 EDT

[JURIST] The American Civil Liberties Union (ACLU) has filed Freedom of Information Act requests with the FBI seeking information on why the agency task forces set up to combat terrorism also looked into animal rights, environmental, and anti-war groups. The ACLU is seeking FBI files on individuals and groups that [read more]

13:12 EDT

[JURIST] The SEC said Thursday that it had filed charges against three former Kmart executives and various other executives of Kmart vendors alleging that these individuals helped Kmart in issuing materially false financial statements by improperly accounting for millions of dollars worth of vendor allowances. Kmart obtained these allowances for [read more]

12:12 EDT

[JURIST] Peruvian President Alejandro Toledo announced Thursday that the Inter-American Court of Human Rights has upheld the conviction of Lori Berenson, an American woman who was imprisoned in Peru for terrorist collaboration with Marxist guerrillas. The court, which is affiliated with the Organization of American States, debated Berenson's appeal and [read more]

11:12 EDT

[JURIST] Microsoft announced Thursday that it has filed seven lawsuits against senders of bulk e-mail for violating the federal Can-Spam Act [PDF]. Microsoft alleges that the defendants violated the law's "brown paper wrapper" requirement by failing to label sexually explicit content. According to Microsoft's press release: The seven lawsuits allege [read more]

11:12 EDT

[JURIST] A Chilean court Thursday stripped former military ruler Augusto Pinochet (profile from BBC News) of his immunity, allowing an investigation into Pinochet's role in the killing of Gen. Carlos Prats to proceed. Thursday's decision is the second case where Pinochet has lost his immunity. As previously reported on JURIST's [read more]

10:12 EDT

[JURIST] Defense lawyer Joseph Bevilacqua Jr. has acknowledged that he leaked an FBI videotape to Providence, Rhode Island TV reporter Jim Taricani. Taricani was found guilty for criminal contempt for refusing to reveal the source of the tape and was scheduled to be sentenced next week to up to six [read more]

10:12 EDT

[JURIST] The High Level Panel on Threats, Challenges and Change appointed by UN Secretary-General Kofi Annan filed a report Wednesday containing over 100 suggestions for improving the role of the UN in preventing and managing global conflicts. Significantly, the report affirmed the right of nations to practice self-defence, including pre-emptive [read more]

10:12 EDT

[JURIST] Bank of America announced Thursday that it has asked the US District Court for the Western District of North Carolina to dismiss a lawsuit filed against it by insolvent Italian dairy company Parmalat. Enrico Bondi, who was appointed by the Italian government to administer the company under bankruptcy protection, [read more]

09:12 EDT

[JURIST] Sweden's Supreme Court Thursday reinstated the life sentence of the man convicted of murdering Swedish Foreign Minister Anna Lindh in a Stockholm department store last year. Mijailo Mijailovic received the life sentence in March, but an appeals court later overturned the sentence, saying that Mijailovic should be transferred to [read more]

09:12 EDT

[JURIST] US District Judge Joyce Hens Green heard arguments Wednesday on whether Guantanamo Bay detainees have the right to challenge their detention in federal court. Lawyers for the government told Judge Green that prisoners deemed "enemy combatants" have no constitutional right to be heard in court. Lawyers for the detainees [read more]

07:12 EDT

[JURIST] Legal maneuvers in the Ukraine electoral crisis multiplied late Wednesday and Thursday as the country awaited the Supreme Court's ruling over the opposition's appeal on electoral fraud in the recent Presidential poll, which opposition leader Viktor Yushchenko has said he expects later today. Wednesday's parliamentary vote of no-confidence in [read more]

07:12 EDT

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, December 2.The US House and Senate are in recess. The US House will reconvene on Monday, December 6 at 2 PM. The US Senate will reconvene on Tuesday, December 7 at 9:30 AM.The [read more]

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