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Legal news from Friday, August 5, 2005 |
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States brief ~ Iowa high court rules city cannot control adjacent nature preserve
Rachel Felton on August 5, 2005 4:56 PM ET

[JURIST] Leading Friday's states brief, the Iowa Supreme Court ruled today that Cedar Rapids [official website] does not have the authority to expand its control to include a preserve adjacent to the city because the city's extra-territorial jurisdiction does not extend to nature areas. The court said that while the Legislature intended to give cities extra-territorial jurisdiction over subdivisions located within 2 miles of the city, there are limits to that jurisdiction. After a 97-acre gift was added to the Rock Island Botanical Preserve, Cedar Rapids sought control over the property's development because state transportation officials had planned a 7-mile road through the area. AP has more.
In other state legal news ... - The Mississippi Supreme Court [official website] has ruled that Monsanto Company [corporate website] cannot subpoena documents from three out-of-state companies because no state law allows a Mississippi court to compel the companies, which are not parties to the lawsuit, to produce documents located outside of the state. Monsanto was seeking documents from Syngenta Crop Protection Inc., Syngenta Seeds, and Dow Agrosciences, based on the company's belief that the three had documents that would aid its defense in a lawsuit filed by Delta and Pine Land Company [corporate website]. Delta and Pine Land Co. sued Monsanto in 2000 after Monsanto called off a proposed merger. AP has more.
- The Iowa Supreme Court has upheld [text] the traffic stop of a man later convicted of drunk driving by finding that the police officer who overlooked a temporary license plate acted properly in stopping the vehicle. The court's opinion said, "The primary issue presented in this case is whether a police officer may rely on his mistake of fact to justify a traffic stop. Our precedent answers this question in the affirmative and we see no reason to depart from it." The court further determined that the mistake was "an objectively reasonable one." The police officer stopped the vehicle for not having a license plate, but a temporary license plate was displayed in the rear window. AP has more.
- The Oregon Supreme Court has affirmed a defendant's right to a speedy trial by ruling that despite staff and budget shortages, judges must demand that prosecutors present legal reasons for keeping the charges alive when a defendant requests the charges against him be dropped because of a delay in going to trial. The court found the delays in three cases - 11 months [decision text], 21 months [decision text], and 23 months [decision text] - violated the defendants' right to go to trial in a "reasonable period of time." The state's Attorney General's office argued that the state court's fiscal problems often put a drag on the court system and cases should not be dismissed for reasons beyond court official's control. The Oregonian has local coverage.


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Corporations and securities brief ~ CIBC pays Enron $250 million to settle suit
James Murdock on August 5, 2005 4:06 PM ET

[JURIST] Leading Friday's corporations and securities law brief, the Canadian Imperial Bank of Commerce (CIBC) [corporate website] has agreed to pay Enron Corp. [JURIST news archive] $250 million. The payment follows a a $2.4 billion settlement with Enron shareholders [JURIST report] earlier this week. In a press release, CIBC said that this settlement, made in satisfaction of claims that the bank facilitated accounting fraud, resolves all of Enron's claims against the bank. Bloomberg has more.
In other corporations and securities law news... - The SEC has sued a Croatian man on suspicion of insider trading related to adidas' takeover of Reebok [AP report]. In a press release, the SEC says that in the days immediately preceding the August 3rd announcement of adidas-Solomon's purchase of Reebok, Sonja Anticevic bought nearly 2000 call option contracts [Wikipedia definition] on Reebok stock which he immediately sold following the announcement of the merger. Reebok's stock price rose around 34% following the announcement and the SEC says that Anticevic made over $2 million on the sale. Anticevic allegedly began wiring the proceeds to offshore bank accounts before the SEC received an injunction against him. Reuters has more.
- The FCC [official website] moved today to deregulate DSL internet service providers [FCC press release, PDF]. DSL, which is carried over standard phone lines, had previously been governed by the same rules as telephone service. The FCC also issued a policy statement encouraging the newly deregulated companies to not engage in anticompetitive practices with their new-found freedom. Reuters has more. Also Friday, the FCC responded to a petition from the US Department of Justice, the FBI and the Drug Enforcement Agency, by determining that providers of certain broadband and voice over Internet Protocol (VoIP) services must be prepared to accommodate law enforcement wiretaps [FCC press release, PDF], just like phone companies.
- As reported earlier on JURIST's Paper Chase, former WorldCom [JURIST news archive] accounting executive Betty Vinson was sentenced Friday to five months in federal prison for her role in the company's collapse. Vinson, who testified against former WorldCom CEO Bernard Ebbers [Wikipedia profile] in his recent criminal trial [JURIST report], was convicted of falsifying accounts and will also spend five months on house arrest. AP has more.


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Blair unveils new anti-terrorism measures, bans two Islamist groups
Tom Henry on August 5, 2005 8:00 AM ET

[JURIST] British Prime Minister Tony Blair [official profile] on Friday announced a new set of measures to combat terrorism [statement text], saying anyone who "has anything to do with [terrorism], anywhere, will automatically be refused asylum in our country." Blair went so far as to say that the UK may review the 1998 Human Rights Act, which integrates the European Convention on Human Rights [text] into British law, to decide whether it provides enough room to adequately prevent terrorism. As part of the new plan to deport hardline Islamic clerics who advocate terrorism, Blair also announced [Reuters report] that his government will ban Hizb ut-Tahrir [Wikipedia backgrounder], an organization that claims its goal is to create an Islamic caliphate centered on the Middle East but denies supporting terrorism. Blair also said a successor organization to al Muhajiroun [Wikipedia backgrounder], a group that praised terror attacks in the US, will be banned as well. AFP has more.
10:34 AM ET - Hizb ut-Tahrir has struck back at Prime Minister Tony Blair's proposed ban of the radical Sunni group. British spokesman Imran Waheed called Blair's remarks "most unjust" and vowed the group would fight any ban via the courts. Ireland Online has more.
1:12 PM ET - The UK Home Office has published a press release on the newly-proposed anti-terror measures, as well as a brief consultation paper [PDF].


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