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Legal news from Thursday, December 1, 2005 |
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Environmental brief ~ James Hardie Ind. to pay $3.2B to Australian asbestos victims
Tom Henry on December 1, 2005 6:40 PM ET

[JURIST] Leading Thursday's environmental law news, James Hardie Industries [corporate website] signed an agreement [press release] Thursday with the government of New South Wales [official website] to pay $4.5 billion to compensate Australian asbestos victims. Hardie, a building products company, will make payments capped at no more than 35 percent of the company's cash flow in any year into a compensation fund for at least 40 years, provide $5 million to fund medical research into asbestos diseases and pay $750,000 for an asbestos education campaign. There is no overall cap on the liability of Hardie to make funding payments, and no caps on payments to individual victims. AAP has more.
In other environmental law news... - The Kyoto Protocol [text] has become operational [PDF press release] following the adoption of the final regulatory "rule book" by its 35 signatory nations at the UN Conference on Climate Change [official website] Wednesday. The rule book establishes a Joint Implementation board to oversee emissions trading, the clean development mechanism which grants credits for investing in foreign sustainable development projects, and other operational guidelines. AFP has more.
- The US Departments of Commerce [official website], Labor [official website], Transportation [official website], and Veterans Administration [official website] have settled a case for violating the federal Energy Policy Act [text] which requires that 75 percent of the new cars and light trucks bought by federal agencies run on alternative fuels. The agencies agreed to specific plans to increase purchases of alternative fuel vehicles over the next three years, and will provide the plaintiffs with their purchasing reports. AP has more.
- The head of the Norwegian Ministry of Petroleum and Energy [official website] and the British Energy Minister [official website] signed [press release] an agreement [PDF text] Wednesday to develop a system for injecting carbon dioxide into oil fields under the North Sea. The proposed system would decrease the amount of carbon dioxide that would otherwise be released into the atmosphere. AFP has more.
- The Tokyo High Court ordered the Japanese government Wednesday to pay 3.25 billion yen (approx. US$27M) to an estimated 6,000 residents living near the US Yokota Air Base [official website] for noise pollution violations. The ruling will compensate people living around the base, regardless of when they moved there, but the court said it was unable to order the suspension of early morning or night flights, an action sought by the plaintiffs. The Japan Times has more.


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Uzbekistan tries second group of Andijan rebels
Christopher G. Anderson on December 1, 2005 4:08 PM ET

[JURIST] New trials have begun in Uzbekistan [JURIST news archive] for fifty-eight people charged with terrorism, religious extremism and other serious crimes stemming from the death of as many as 1,000 villagers in the Uzbek city of Andijan, the country's Supreme Court announced in a statement Thursday. This second round of trials follows the government's successful prosecution [JURIST report] of 15 Andijan villagers accused of leading the May 2005 uprising [JURIST report]. According to the court statement, the defendants will be tried in closed proceedings to ensure the safety of the victims and witnesses, though New York-based Human Rights Watch (HRW) [advocacy website] maintains that the Uzbek officials are simply refusing to allow rights groups to monitor the trials. Uzbek officials say the death toll in the May Andijan uprising [HRW backgrounder] is no greater than 187, but rights groups say that closer to 1,000, mostly unarmed civilians, may have been killed when government forces violently suppressed mass protests in the city. Earlier this week, HRW issued a statement [text] condemning the Uzbek government's handling of the atrocity. Reuters has more.


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Samsung pleads guilty to antitrust charges
Christopher G. Anderson on December 1, 2005 3:12 PM ET

[JURIST] Samsung [corporate website], the world's largest maker of computer memory chips, has pleaded guilty to criminal antitrust charges [indictment text] and was ordered pay a $300 million fine, the second largest fine in a criminal antitrust case, for conspiring to fix the price of its personal computer chips. The South Korean-based company was charged with artificially inflating the price of its semi-conductors which led to higher prices of some personal computers. Under the plea agreement [PDF text] seven people, including Samsung President Y.H. Park, are specifically excluded from the settlement and could still face civil and criminal charges. The Samsung settlement, first announced by the USDOJ [JURIST report] in October, is part of the DOJ's ongoing investigation into price-fixing in the dynamic random access memory industry. Prosecutors received complaints from PC makers, such as Dell [corporate website] and Apple [corporate website], when the price of memory chips began to climb in 2001, even though the tech industry was suffering its worst downturn in history. Hynix Semiconductor [corporate website] in April pleaded guilty to conspiracy charges [JURIST report] for the role it played in the price-fixing scheme. In December, 2004, four Infineon executives pleaded guilty to similar charges of price-fixing [JURIST report]. AP has more.


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Family of 1969 race riot victim settle federal lawsuit for $2M
Christopher G. Anderson on December 1, 2005 12:57 PM ET

[JURIST] The city of York, Pennsylvania, will pay a $2 million settlement to the relatives of a black woman shot to death during race riots in 1969. The two children and two sisters of Lilly Belle Allen will get a total of $200,000 annually for a decade in a deal that would end their federal lawsuit filed against the city and five former police officers. Allen, a 27-year-old woman from Aiken, South Carolina, was shot repeatedly and killed while getting out of her family's stalled car in a predominantly white neighborhood. Thirty-three years later, the former mayor of York, Charlie Robertson, was accused of inciting the violence [PDF criminal complaint] and went on trial [CNN report] in the killing along with two other men in 2002. Robertson was acquitted [AP report]; the others were convicted of murder. Current mayor John Brenner [official profile] could not immediately comment on the case but is expected to do so after the case's status conference, which is set for Friday before US District Judge Yvette Kane [official profile]. AP has more. The Patriot-News has local coverage.


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South Africa high court says same-sex marriages must be recognized
Jeannie Shawl on December 1, 2005 12:43 PM ET

[JURIST] The South African Constitutional Court [official website] on Thursday ruled that it is unconstitutional to prohibit gay couples from marrying and gave parliament one year to amend the 1961 Marriage Act to allow same-sex marriage [JURIST news archive]. According to the court's judgment [PDF text; summary], if the legislature does not act to recognize same-sex unions, the definition of marriage will automatically be changed to include same-sex couples. Once the legal definition is changed, South Africa [JURIST news archive] will become the first African nation to recognize same-sex marriage, and the fifth worldwide, joining Belgium, the Netherlands, Spain and Canada. One of the court's 11 judges dissented from the judgment, saying that the Court should ruled to immediately recognize same-sex marriage. Gay and lesbian groups on Thursday welcomed the ruling [SABC report], but questioned the 12-month waiting period. Reuters has more. The Mail and Guardian has local coverage.


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Lead government counsel to withdrawal from tobacco case
Chris Buell on December 1, 2005 7:34 AM ET

[JURIST] The government's lead counsel in its lawsuit against the tobacco industry [DOJ backgrounder] on Wednesday withdrew from the case, as an investigation continues into whether political pressure forced the government to lower its demands in the case. Sharon Eubanks, a US Department of Justice attorney, had pursued a racketeering case against the tobacco industry [JURIST news archive] since being named to head the case [DOJ news release] in 2000, but the government has filed a notice of her withdrawal, effective Thursday, with the district court in the case. A DOJ spokesman said the department would not comment on Eubanks' withdrawal unless she waived privacy protection. In June, the government surprised many by lowering its demands for relief [JURIST report] in the case from $130 billion to $10 billion against the advice of its expert, Dr. Michael Fiore [official profile], in the case. Democratic pressure prompted the DOJ to open an inquiry into whether the decision in the case was influenced by high-level political pressure. AP has more.
Previously in JURIST's Paper Chase...


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