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Legal news from Thursday, October 13, 2005 |
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States brief ~ NY appeals court rules civil union partner has no standing to sue hospital
Rachel Felton on October 13, 2005 5:21 PM ET

[JURIST] Leading Thursday's states brief, a New York appeals court [official website] ruled today that a member of a Vermont civil union has no standing to sue a Manhattan hospital for malpractice in the death of his partner. In finding that the partner had no standing, the court stated, "any contrary decision, no matter how circumscribed, will be taken as judicial imprimatur of same-sex marriages and would constitute a usurpation of powers expressly reserved by our Constitution to the Legislature." The attorney for John Langan, a 15-year partner of the deceased, said, "if this decision is allowed to stand, same-sex couples will be denied the very significant and important protections that all married heterosexual spouses can get." AP has more.
In other state legal news ... - The Oregon Supreme Court ruled [text] Thursday that the Portland School District did not have the power to terminate its 300 janitors and subcontract the work out to a private company, as a state law [text] says janitors are employees of the school district and not of a private company. The majority found "when the 1937 Legislature defined custodians and assistant custodians as 'employees' it intended to define the legal status of those workers," but four dissenters found that law does not apply to janitorial workers and they are not district employees. The school district outsourced the work to save money and Leslie Frane, executive director of Service Employees International Union [union website] Local 503, said after the decision, "we hope that this decision will make other employers think twice before they try to save a quick buck by outsourcing crucial services." The high court ruling overturned the decision of the court of appeals [ruling]. AP has more.
- New Hampshire Governor John Lynch has filed a brief [press release] with the US Supreme Court, asking it to declare the state's parental notification for abortions unconstitutional. Lynch says the law, which requires a doctor or clinic to notify a minor's parents 48 hours before performing an abortion, risks the health of women. His position is in opposition to state Attorney General Kelly Ayotte [official website], who argues a women's health can be protected because the law allows a court to intervene and other laws allow a doctor to act in an emergency. The Supreme Court is expected to hear the case at the end of November. View the governor's brief here and Attorney General Kelly Ayotte's brief here [PDF]. AP has more.


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UPDATE ~ Saddam to be charged with premeditated murder, torture
Christopher G. Anderson on October 13, 2005 1:39 PM ET

[JURIST] Following up on a report in JURIST's Paper Chase earlier today, Saddam Hussein [JURIST news archive] will likely face charges of premeditated murder, torture and forced expulsion and disappearances for his alleged role in a 1982 massacre of Shiites [NPR audio report] when his trial begins next week, a court official said Thursday. Hussein was charged [JURIST report] in July in connection with the 1982 attack, but exact charges have not yet been disclosed. Hussein could face the death penalty [JURIST report] if convicted for the killings of 143 Shiites in Dujail after villagers there failed in an attempt to assassinate Hussein. According to court officials, a gunman opened fire on Hussein's motorcade as he passed through the town. Hussein, unhurt by the attack, allegedly ordered Iraqi army helicopters to fire on villagers, while troops rounded up and imprisoned residents. AP has more. Chief judge Raed Juhi also said Thursday that he hoped the trial would be broadcast live on TV [BBC report], although he said that that decision would be up to the other trial judges in the case.


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Iran finalizes genocide, war crimes charges against Saddam
Jamie Sterling on October 13, 2005 9:51 AM ET

[JURIST] Iran's judiciary has finalized a list of charges against ousted Iraqi leader Saddam Hussein [JURIST news archive], which include charges of genocide, crimes against humanity, violations of international law, and using prohibited chemical weapons. These charges stem from the 1980-1988 war fought between Iraq and Iran, during which Iraq attempted to grab land in Iran's oil-rich southwest region. Three million died during the war, mostly Iranians, and the Iraqis used nerve gas and other chemical weapons repeatedly. Iran has complained about the charges brought in Iraq against Hussein, saying they are insufficient. Hussein goes on trial next week for the 1982 massacre at Dujail [NPR audio report] and, if convicted, could be executed [JURIST report]. Iran also expressed their wishes that Hussein's trial be held at an international court instead of the Iraqi Special Tribunal [official website]. Earlier this year, Iran called for the IST to charge Hussein [JURIST report] in connection with the Iran war and last month announced plans to indict Hussein [JURIST report]. Kuwait has also prepared an indictment [JURIST report] for crimes committed during the 1990-1991 Iraqi invasion of Kuwait, and is seeking the death penalty. AFP has more. The Tehran Times has local coverage.


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Frist records subpoenaed by SEC in investigation into stock sale
Chris Buell on October 13, 2005 8:38 AM ET

[JURIST] The US Securities and Exchange Commission [official website] has subpoenaed personal records of Senate Majority Leader Bill Frist [official website] in its investigation into possible insider trading by Frist, the Washington Post reported Thursday [WP report, registration required]. The subpoena was reportedly issued at some time in the past two weeks, sources said. The SEC's investigation had previously been announced [JURIST report], but Frist had not disclosed that any records were subpoenaed. The allegations of insider trading arose following Frist's sale of HCA Inc. [corporate website] stock in July, only days before the company released revised profit expectations that pushed stock prices downward. HCA was originally formed by Frist's father and brother [HCA backgrounder], and his brother, Thomas F. Frist Jr. [HCA profile], remains on the company's board. Frist is expected to testify under oath in the investigation as to what he knew prior to his sale of the stock. He has denied having inside information prior to the sale, which he said he began taking steps to complete in April. Reuters has more.


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