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Legal news from Saturday, September 8, 2007




Noriega loses new bid to block France extradition as US judge lifts stay
Bernard Hibbitts on September 8, 2007 9:46 PM ET

[JURIST] US District Judge William Hoeveler Friday rejected [ruling, PDF] arguments by lawyers for former Panamanian dictator Manuel Noriega [BBC backgrounder; JURIST news archive] that his extradition to France would violate his prisoner of war status, lifing a stay of extradition he imposed Wednesday. Noriega is slated for release from US federal prison [BOP materials; JURIST report] Sunday. US government lawyers had told Hoeveler they were satisfied that France would effectively treat Noriega as a prisoner of war [JURIST report] even if it has not formally asked France to declare him such, and France itself has formally declined to do so. The US State Department concluded from informal talks with France that Noriega will retain the same extra benefits in France that he enjoyed during his 17 years in US federal prisons, including nicer quarters, and telephone and television privileges.

Noriega is wanted in France on charges of money laundering through French banks. Noriega and his wife were sentenced in absentia [AP report] to 10 years in jail in 1999, but France has agreed to hold a new trial if he is extradited. Noriega's lawyers had argued that France's request was superseded by his status as a US prisoner of war and that under the Geneva Conventions the US must return him home to Panama upon his release. The Los Angeles Times has more.






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House passes patent overhaul legislation
Katerina Ossenova on September 8, 2007 10:18 AM ET

[JURIST] The US House of Representatives Friday approved the Patent Reform Act of 2007 [HR 1908 summary], the first overhaul of current US patent laws in more than 50 years. The bill passed 220-175 [roll call], with most Democrats supporting its passage, and most Republican opposed. US Senator Patrick Leahy (D-VT) [official website] and other leading members of the Senate Judiciary Committee approved [JURIST report] a similar bill in the Senate this spring and hope to bring that to a vote this fall. The reforms would change the current system of granting patent rights to the first inventor and instead adopt a "first-to-file" system, recognizing patent rights in the first person who actually files for patents. The bill would amend the system of post-patent review for those seeking to challenge the validity of a patent and would impose more stringent regulations for awarding damages in infringement cases, based on the value of the patent infringement. It would also make it easier for American inventors to secure patents overseas by bringing the US system in line with patent systems in Europe and Japan.

Many industry leaders have called for patent reforms [JURIST report] to curb abusive litigation and protect technological development, but some pharmaceutical companies and smaller inventors say that the proposed changes would give even more patent control to larger companies. Consumer groups, major high-tech companies, financial associations and farm groups are strongly backing the reformed patent laws. AP has more.






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Enron ex-CEO Skilling appeals conviction
Katerina Ossenova on September 8, 2007 9:44 AM ET

[JURIST] Former Enron [corporate website; JURIST news archive] CEO Jeffrey Skilling [Houston Chronicle profile] appealed his conviction Friday, claiming errors by prosecutors and the trial judge. In papers filed with the US Fifth Circuit Court of Appeals [official website], Skilling's attorneys claim the US government's case against Skilling was based on a flawed legal theory, prosecutorial misconduct, and that the jury instructions failed to address prejudice again Skilling in Houston where the trial was held. Skilling began serving [JURIST report] his sentence in December 2006 in a minimum security federal prison in Waseca, Minnesota [BOP website] after his application for bail [JURIST report] pending the appeal of his sentence was rejected.

In October 2006, US District Judge Sim Lake sentenced Skilling to 24 years in prison [JURIST report] and determined that $45 million of Skilling's assets will be seized to be distributed to former Enron employees. Skilling was convicted [JURIST report; verdict backgrounder] in May 2006 on 19 counts of conspiracy, insider trading, and securities fraud for providing investors with false and misleading financial information from 1999 up until Enron filed bankruptcy in late 2001. Reuters has more.






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Suspected '20th hijacker' told military tribunal he was tortured: FOIA documents
Katerina Ossenova on September 8, 2007 9:05 AM ET

[JURIST] Mohammed al-Qahtani, the so-called "20th hijacker" from the Sept. 11 attacks, has disclaimed his confession about his participation in the terrorist attacks, alleging that his statements were coerced by US torture. In documents obtained by the Associated Press Friday through the Freedom of Information Act [text], Qahtani denied involvement in and knowledge of the Sept. 11 attacks [JURIST news archive] during his first appearance before a US military tribunal in October 2006. In March 2006 his lawyer made similar statements [JURIST report] as reported by TIME magazine. In the transcript of the October hearing, Qahtani claims that his statements confessing to his involvement in the attacks were coerced. In a separate statement, Qahtani details the alleged torture, which included being beaten, restrained in uncomfortable positions, threatened with dogs, exposed to freezing temperatures and stripped nude in front of female personnel.

A military investigation in 2005 concluded that Qahtani had been subjected to harsh treatment, authorized [JURIST report] by former US Defense Secretary Donald Rumsfeld [official profile] because he would not crack under interrogation. The investigation revealed that Qahtani was forced to wear women's underwear [MSNBC report], was kept in solitary confinement for 160 days and was interrogated for 18-20 hours per day on 48 of 54 days. Lead investigator Air Force Lt. Gen. Randall M. Schmidt concluded, however, that Qahtani was not tortured since he was not denied food, water or medical care, and interrogators did not inflict physical pain on him.

Qahtani [JURIST news archive] was refused entry into the US in August 2001 and was later captured in Afghanistan; he has since been held at Guantanamo Bay [JURIST news archive], where Pentagon officials say he admitted to being sent to the US to participate in the attacks. AP has more.






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