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Legal news from Friday, September 3, 2010




France appeals court upholds judgment against eBay but reduces damages
Zach Zagger on September 3, 2010 4:08 PM ET

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[JURIST] The Paris Court of Appeals on Friday upheld a 2008 judgment against the online auction house eBay [corporate website] for its role in the sale of counterfeit goods but significantly reduced the amount of damages eBay has to pay. The appeals court cut the damages [AP report] to be paid to French luxury goods giant LVMH Moet Hennessy Louis Vuitton (LVMH) [corporate website] from 38 million euros (USD $49 million) to 5.7 million euros (USD $7.3 million). The original judgment against eBay [JURIST report] found that the website failed to prevent the sale of counterfeit luxury goods that infringed on registered designs. It established [press release] that in France, eBay is liable for the sale of counterfeit goods or goods that are selected for special distribution. The court dismissed eBay's claim that it was just a mere host for selling services. Both sides are claiming the appeals court ruling a victory. LVMH is pleased that the judgment was not overturned, while eBay is claiming it as a win for it and the French consumers since the damages were so drastically reduced.

US court rulings in online copyright infringement cases have been in stark contrast to those in Europe. In April, a federal appeals court ruled [JURIST report] that eBay is not required to actively monitor its website for the sale of counterfeit goods. In a separate case by LVHM against eBay in February, the Paris District Court [official website, in French] ordered [JURIST report] eBay to pay LVHM 200,000 euros (USD $275,000) in damages for paying search engines to direct customers to counterfeit LVMH products. In a separate case in September, the European Court of Justice (ECJ) [official website] issued an advisory opinion against LVMH [JURIST report] in its suit to collect damages from Google for Google's AdWords system, which allows companies and individuals to purchase advertising space when a user searches for a product or brand name.




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Canada G-20 protesters file class action suit against AG and Toronto police
Brian Jackson on September 3, 2010 1:19 PM ET

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[JURIST] Two individuals detained during the Group of 20 (G-20) [official website] summit in Toronto in July filed a class action suit [statement of claim, PDF] on Thursday on behalf of 1,150 individuals detained during the summit. The individuals, Miranda McQuade and Mike Barber, named three defendants in the suit, the Canadian Attorney General, the Toronto Police Services Board and the Regional Municaplity of Peel Police Services Board [official websites]. The plaintiffs claim that law enforcement committed numerous intentional torts against those detained between June 25 and June 30, including:
abuse of power, abuse of process, false arrest, false imprisonment, infliction of mental suffering, invasion of privacy and abuse of public office. Alternatively, [Plaintiffs allege] that the defendants were negligent in the enactment of and execution of policies, procedures, directives and orders relating to the G20.
The plaintiffs listed numerous reasons for bringing the suit, including protection of individuals in Canada from violation of their rights as guaranteed in the Canadian Charter of Rights and Freedoms [materials] and deterrence of similar future actions by the police. The plaintiffs seek $100 million in damages, plus an additional $15 million in punitive damages, but some detainees do not believe that monetary damages [Toronto Sun report] will prevent the same actions from happening in the future. None of the defendants has released an official statement regarding the claims.

Backlash from the G-20 meeting in Toronto began soon after the conclusion of summit. In early July, protesters in Toronto took to the streets and demanded an investigation [JURIST report] into police conduct during the meeting. One week before that July protest, the Ontario Ombudsman announced an investigation [JURIST report] into a local regulation [O regulation 233/10 text] that expanded the scope of police powers during the summit. That investigation is currently ongoing. Soon after the conclusion of the summit, in late June, the Canadian Civil Liberties Association called for an inquiry [JURIST report] into police conduct and treatment of protesters.




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DOJ brings charges in largest US human trafficking case
Matt Glenn on September 3, 2010 1:05 PM ET

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[JURIST] The US Department of Justice (DOJ) [official website] announced Thursday that a Hawaii grand jury has indicted six people on human trafficking charges [press release]. The defendants allegedly enticed approximately 400 Thai nationals to come to the US by falsely promising them job opportunities and then forcing them to work at farms in Washington and Hawaii by threatening economic harm. According to the indictment, the six people, three of whom work for Global Horizons Manpower, charged the Thai nationals high recruitment fees [Honolulu Star-Advertiser report], which the Thai nationals paid by taking out loans secured by their house or land. The defendants told the Thai nationals that if they refused to work on the farms, they would be sent back to Thailand where they would be unable to repay the loans and risk having their houses and land foreclosed on. Prosecutors also claim that some workers were forced to pay $3,750 to keep their jobs. Two defendants were arrested [AP report] Thursday, two are expected to turn themselves in soon and two remain at large, presumably in Thailand. According to the DOJ, this will be the largest human trafficking case ever prosecuted in the US. The defendants face maximum prison sentences ranging from five to 70 years.

In June, the UN Office on Drugs and Crime (UNODC) [official website] reported that human trafficking is a growing problem in Europe [JURIST report]. Earlier in June, the UNODC issued a report on the globalization of organized crime, which addressed, among other things, the global economic impact of human trafficking [JURIST report]. Also in June, the US State Department [official website] issued its annual report on human trafficking conditions [JURIST report] across the globe, which found the US "has a serious problem with human trafficking, both for labor and commercial sexual exploitation."




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California appeals court refuses to order state appeal of same-sex marriage ruling
Matt Glenn on September 3, 2010 12:15 PM ET

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[JURIST] A judge for California's 3rd District Court of Appeal [official website] ruled [case summary; San Francisco Chronicle report] Wednesday that neither Governor Arnold Schwarzenegger nor Attorney General Jerry Brown [official profiles] is required to appeal last month's federal district court decision [JURIST report] finding California's ban on same-sex marriage [JURIST news archive] unconstitutional. Supporters of Proposition 8 [text, JURIST news archive], which banned same-sex marriage in California, had hoped the state would appeal the decision since it is not clear that the supporters have standing [LAT op-ed] to the challenge the decision. Writing for the Pacific Justice Institute [advocacy website], which filed the suit attempting to force a state appeal, attorney Kevin Snider stated [blog post]:
The duty to defend peacefully enacted laws is at its zenith when the voters have amended their own constitution. Should these elected members of the executive branch refuse to defend a constitutional amendment enacted in this manner, the Governor and the Attorney General will have seized an extraconstitutional power by creating what is tantamount to a constructive veto.
Snider said the Pacific Justice Institute will appeal Wednesday's ruling. Schwarzenegger and Brown have both indicated that they will not cause the state to appeal the decision overturning Proposition 8 unless ordered to do so by a judge.

Last month, a three-judge panel for the US Court of Appeals for the Ninth Circuit [official website] issued a stay [JURIST report] of Judge Vaughn Walker's decision overturning Proposition 8 pending appeal. Earlier last month, Walker held that the same-sex marriage ban violated the guarantees of due process and equal protection under the US Constitution, but immediately stayed the ruling. Schwarzenegger, Brown and others filed motions [JURIST report] opposing the stay request, which led to Walker's refusal to issue a stay pending appeal. Schwarzenegger and Brown were originally defendants in the lawsuit against Proposition 8, and their refusal to oppose the stay request left defendant-intervenors Protect Marriage [advocacy website] and other groups to defend the law. The remaining defendant-intervenors have indicated they will, if necessary, appeal the case to the US Supreme Court.




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Equatorial Guinea president says coup plotters had fair trial
Megan McKee on September 3, 2010 10:28 AM ET

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[JURIST] Equatorial Guinea President Teodoro Obiang said Friday that last month's trial of four men sentenced to death for a 2009 attack on the presidential palace was fair. Obiang stated that the country's laws were respected, and procedures guaranteeing a legal, open and fair trial [AFP report], including the guarantee of defense counsel, were followed. Jose Abeso Nsue, Manuel Ndong Anseme, Alipio Ndong Asumu and Jacinto Micha Obiang, all government employees, were executed immediately after being convicted by a military court in Malabo on August 21. Both former colonial power Spain, and the US, condemned the executions.

Last week, the government of Equatorial Guinea defended [JURIST report] the execution of the four men. Amnesty International (AI) [advocacy website] had condemned the executions [press release], claiming that the four men were detained in Black Beach prison in Malabo where they were tortured into giving false confessions. Denouncing the government's judicial procedures, AI reported that these men were convicted after an unfair trial, sentenced to death and executed without having an opportunity to appeal their sentence. AI urged Equatorial Guinea to put an end to the abductions, torture and executions it carries out in the name of justice. The government stands by the conviction [JURIST report] of the four former government officials, stating that they received a fair and open trial before a military tribunal and were provided with counsel.




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ICTY judges warn Karadzic trial likely to continue until 2014
Megan McKee on September 3, 2010 9:24 AM ET

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[JURIST] Judges of the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website] warned Friday that the genocide trial of Radovan Karadzic [case materials; JURIST news archive] may take another four years—two years longer than expected. As the UN Security Council [official website] is urging the ICTY to close its doors, Friday's hearing [AP report] was called to discuss methods to streamline what has become the tribunal's lengthiest and most complex case. To speed things up, the prosecution urged the judges to allow prosecutors to enter more evidence directly to judges in writing, while the defense called for charges relating to the ethnic cleansing of some 20 Bosnian municipalities that occurred early in the war to be dropped. No immediate decisions were made on how to increase the efficiency of the case.

In March, UN Secretary-General Ban Ki-moon [official website] said that the ICTY will continue to operate [JURIST report] beyond its originally planned end date in part to apprehend the two indictees still at large—former Bosnian Serb Commander Ratko Mladic [case materials; JURIST news archive] and former Croatian Serb leader Goran Hadzic [case materials]—who both face a significant number of charges. In May, the ICTY amended the indictment of Mladic in order to help speed up the court proceedings once he is captured. In July, the Security Council unanimously passed a resolution [press release] extending the terms of office for the judges of the ICTY. Resolution 1931 [text] was welcomed by the ICTY, which has been struggling with staff retention, causing large setbacks in the tribunal's trial schedule. The latest completion strategy [JURIST report] report estimates that all first instance trials will be completed by mid-2012 with the exception of Karadzic. Most appellate work is scheduled to be completed by early 2014.




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UN-sponsored anti-corruption agency opens in Austria
Daniel Makosky on September 3, 2010 8:18 AM ET

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[JURIST] The International Anti-Corruption Academy (IACA), a joint venture undertaken by the UN Office on Drugs and Crime (UNODC), the European Anti-Fraud Office (OLAF) [official websites], Austria and others, opened its doors [press release] on Thursday. Based in Laxenburg, Austria, the school is designed to educate public and private entities on the UN Convention against Corruption (UNCAC) [materials] and train them in its applications. UN Secretary-General Ban Ki-moon [official website] remarked [text]:
Across the world, intolerance of corruption is growing. The establishment of this Academy responds not only to this increasing sense of outrage and injustice, but also to an urgent need to train the experts we need to conquer this global menace. The Academy will build a culture of integrity. It will nurture a new generation of leaders in the public and private sectors - a global network of talented, like-minded professionals. To date, anti-corruption training has lacked specialization. It will lead to more effective implementation of the Convention's measures on prevention, law enforcement, asset recovery and international cooperation.
The academy will cater to a wide range of professions involved in combating corruption, including law enforcement personnel, lawyers and judges It is set to become fully operational next year, though several courses are already in progress.

A 2007 report [text, PDF] authored by the UNODC and the World Bank [official website] placed corruption-related losses to developing nations between $1 trillion and $1.6 trillion annually. The UNCAC became effective in 2005 after being adopted by the UN General Assembly [official website] two years earlier. The concept was originally recognized in the Resolution 55/61 Annex [text, PDF] as a means by which to counter corruption separate from organized crime.




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