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Legal news from Tuesday, July 31, 2012 |
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India Supreme Court allows Exxon Valdez to be scrapped in country
Dan Taglioli on July 31, 2012 3:53 PM ET

[JURIST] The Supreme Court of India [official website] ruled [order, PDF] Monday that the ship formerly known as the Exxon Valdez [EPA backgrounder] may be dismantled at the country's biggest scrapyard. The two-judge panel headed by Altamas Kabir overruled [Bloomberg report] a May decision by the Gujarat Pollution Control Board [official website] denying the ship, now known as the Oriental Nicety, entry to the scrapyard in Alang on India's western coast. The order stipulates that Priya Blue Industries Pvt. [corporate website], which bought the Oriental Nicety for scrapping, will be responsible for disposing any toxic material found in the ship. An activist with ToxicsWatch Alliance [advocacy website], who approached the court in April to bar the ship's entry, maintains that the ship contains asbestos and heavy metals. Priya Blue Industries plans to bring the ship into the Alang scrapyard to be broken down this week, and estimates that the recycling process will take five months to complete.
The Exxon Valdez dumped 11 million gallons of crude oil [BBC backgrounder; JURIST news archive] into Prince William Sound and contaminated about 1,300 miles of coastline. In March 2011 the US District Court for the District of Alaska [official website] refused to order Exxon Mobil [corporate website] to pay an additional $92 million [JURIST report] in damages from the oil spill. In 2009 the US Court of Appeals for the Ninth Circuit [official website] ruled that Exxon Mobil owes interest [JURIST report] on the more than $500 million in punitive damages awarded against it following the spill. The US Supreme Court [official website] declined to rule [JURIST report] on the issue the previous year, thus remanding it to the Ninth Circuit. In June 2008, the Supreme Court ruled 5-3 to reduce a punitive damages award [JURIST report] to be paid by Exxon from $2.5 billion to $500 million, but did not rule on the issue of interest. In December 2006, the Ninth Circuit reduced [JURIST report] Exxon's original $5 billion punitive damage award by more than $2 billion, ruling that the award was excessive in light of a 2003 Supreme Court ruling that punitive damages must be reasonable and proportionate to the harm incurred, and also considering Exxon's cleanup and compensation efforts.


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AI: Mali authorities must investigate torture, disappearances
Rebecca DiLeonardo on July 31, 2012 11:42 AM ET

[JURIST] Malian soldiers loyal to the country's coup leader, Captain Amadou Sanogo, have been committing human rights violations, including torture, extra-judicial killings, and enforced disappearances, Amnesty International (AI) [advocacy website] said in a report [text, PDF; press release] on Tuesday. The report documented inhumane detention conditions of opposition forces, including soldiers who were detained during a failed counter-coup in April. The report also alleged numerous incidents of torture and human rights violations of detained prisoners. AI called on the Malian authorities to investigate the allegations made in the report and ensure human rights protections in the future. AI's report mirrors the findings a similar report [JURIST report] released by Human Rights Watch (HRW) [advocacy website] last week, which alleged Malian soldiers have been abducting and torturing opposition soldiers and journalists.
International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda said earlier this month that her office is opening a preliminary examination [JURIST report] of the recent violence in Mali, after the ICC received a letter from Malian government officials requesting an ICC investigation. Malian Justice Minister Malick Coulibaly said earlier this month that he would ask the ICC to open an investigation [JURIST report]. In May AI reported that Mali is facing its worst human rights crisis [JURIST report] since it gained independence in 1960. HRW released a similar report in April claiming that all sides to the conflict are committing war crimes [JURIST report]. Earlier in April the ICC said they would monitor the situation [JURIST report] in Mali for potential crimes under the ICC's jurisdiction. All of this has come after Malian soldiers took control of the government [JURIST report] and suspended the constitution in March. Many in the international community have expressed concern over the situation, including the UN Secretary-General Ban Ki-Moon, UN High Commissioner for Human Rights Navi Pillay and the UN High Commissioner for Refugees [JURIST reports]. The turmoil began when Taureg rebels attacked Malian soldiers [Al Jazeera report].


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Visa fees breach EU antitrust laws: EU Commission
Sung Un Kim on July 31, 2012 10:43 AM ET

[JURIST] The European Commission [official website] on Tuesday stated [press release, PDF] that Visa Europe, a subsidiary of Visa, Inc. [corporate websites], has breached EU antitrust laws. Visa Europe imposes multilateral interchange fees (MIFs) that retailers must pay for accepting Visa's payment cards from consumers. The Commission said that such fees have a restrictive effect on competition and business. The EU Competition Commissioner Joaquin Almunia [official website] announced in the supplementary statement of objections that the Commission has reached a preliminary conclusion finding that "Visa's MIFs harm competition between acquiring banks, inflate the cost of payment card acceptance for merchants and ultimately increase consumer prices." Visa thereby breached Article 101 of the Treaty on the Functioning of the EU (TFEU) [text, PDF] and Article 53 of the European Economic Area (EEA) [text, PDF] Agreement. The two articles prohibits "cartels and restrictive business practices. The supplementary statement of objection came a week after Almunia announced [Reuters report] that the Commission was preparing the document. Visa had already received [press release] a statement of objection in April 2009 stating that the company's MIFs restricted competition between banks for accepting debit and credit cards without benefiting consumers.
Visa is not the only financial institution that faces sanctions and other litigation. Last week, JPMorgan Chase [corporate website; JURIST news archive] agreed [JURIST report] to a $100 million settlement in a case accusing that the company increased monthly minimum payments for credit card holders from two percent to five percent in 2008 and 2009 to profit from higher fees. The settlement which was filed with the US District Court for the Northern District of California [official website] has still be approved by a judge. Bank of America (BOA) also agreed to pay $375 million in a settlement with bond insurer Syncora Guarantee [corporate websites] that accused the bank of misleading it into insuring toxic mortgage-backed securities of BOA-owned Countrywide Financial Corporation [NYT backgrounder]. In China, a Hong Kong judge ruled against Deutsche Bank AG [corporate website] on a motion to dismiss developer Tin Lik's rental fraud lawsuit. Lik claimed that during his sale of the Gateway Plaza in Beijing to Deutsche Bank's RREEF China Commercial Trust in 2007, he was forced to pay a shortfall of HK $279 million (US $36 million) in rental fraud.


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US State Department releases religious freedom report
Rebecca DiLeonardo on July 31, 2012 10:35 AM ET

[JURIST] The US Department of State (DOS) [official website] on Monday released its annual International Religious Freedom Report [materials] documenting threats to religious freedom throughout the world. The report documents current international threats to religious freedomparticularly laws that punish religious traditions and blasphemy laws that are often used to punish religious tolerance. The DOS also expressed concern about impunity for religious violence and growing antisemitic sentiments. The report identified China, North Korea, Iran and Saudi Arabia as "chronic violators of religious freedom." In a statement [text] about the report, Secretary of State Hillary Clinton [official website] said she hoped the report would encourage greater religious freedoms. She said religious freedom is a key human rights issue:People can believe that they and only those like them possess the one and only truth. That's their right. Though they do not have the right to harm those they think harbor incorrect views. But their societies pay a cost when they choose to look at others with hate or disgust. Human rights become real not only in interactions between citizens and their governments, but also in those millions of ordinary moments among neighbors and classmates, coworkers, even strangers on the street. Every time people choose tolerance and respect over fear and animosity, they strengthen human rights for themselves as well as everyone else, because they affirm their shared humanity. The DOS also expressed concern about countries facing political reorganization such as Egypt, calling on their developing governments to ensure religious freedom.
Governments continue to balance religious freedom with other national concerns. Last month, a German court ruled [JURIST report] that circumcising young boys based on religious traditions is prohibited even if the parents consent to the procedure. In March, a UN expert urged states to refrain from using official state religions [JURIST report] as a means to enhance their national identity politics, "as this may have detrimental effects for the situation of individuals from minority communities." Last August Hungarian churches challenged a law [JURIST report] that officially recognized only 14 of the 358 religious groups in the country.


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ECCC appoints US judge to investigate new war crimes cases
Brandon Gatto on July 31, 2012 9:48 AM ET

[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website], Cambodia's UN-supported war crimes tribunal, announced Monday that it has appointed [press release] a US judge to investigate two new Khmer Rouge [BBC backgrounder] cases, strongly opposed by the government, after two other judges resigned in protest. Mark Harmon, a former prosecutor for the US government and also for the International Criminal Tribunal for the former Yugoslavia [official website], was called upon [AFP report] by the special criminal court as the third foreign judge in less than a year to probe a pair of cases involving five suspects linked to Cambodia's government from 1975 to 1979, a regime that saw up to two million people die. Though the court believes it must pursue all culpable parties, the Cambodian government is said to fear that new prosecutions would destabilize the country.
In January, the UN refused to replace [JURIST report] German judge Siefried Blunk after Cambodia attempted to block the Swiss reserve judge Laurent Kasper-Ansermet from investigating the same politically-sensitive cases. Specifically, the Cambodian government contended that Kasper-Ansermet was unsuitable [Reuters report] to continue the investigation because he used his Twitter account to comment on the cases. Blunk, citing government interference in his investigations, resigned [JURIST report] in October, but was consistently criticized for allegedly failing to conduct impartial investigations. Meanwhile, Cambodia has argued that the trial of former Khmer Rougue leaders is a Cambodian rather than an international issue.


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Putin signs Russia-US child adoption agreement
Brandon Gatto on July 31, 2012 9:09 AM ET

[JURIST] Russian President Vladimir Putin [official website; JURIST news archive] on Monday signed a new agreement [press release] with the US that tightens the rules for Americans adopting children from the Russian Federation. Specifically, a foreign family can adopt a Russian child only if there is no Russian family found for him or her. The deal also provides for more control of the child following the adoption. According to the office of Pavel Astakhov [official website], Russia's Children's Rights Commissioner, the need for the agreement became apparent [press release] after "a series of tragic episodes involving Russian children and their adoptive American families." "According to official data only," said Astakhov, "19 Russian children died at the hands of US citizens over the last 10 years." Although the deal was signed in Washington, DC in July 2011, the delay in ratification forced the Russian Foreign Ministry [official website] to suspend Russian adoptions by Americans until the stricter adoption requirements come into force.
Putin's approval of the adoption agreement comes not long after the Russian Duma [official website, in Russian] ratified the agreement [JURIST report] earlier this month. In February Russia's Foreign Ministry announced that it would ask the government to suspend adoptions by US citizens [USA Today report] after discovering that at least 17 children had died due to violence by their American families. In 2011 a Pennsylvania couple was sentenced [NYT report] to four years in prison after a jury found them negligent and responsible for the death of their adopted seven-year-old Russian son, though the Russian government criticized the ruling as too lenient. Also in 2011 an Alaskan woman was convicted [Huffington Post report] of child abuse after she poured hot sauce into the mouth of her adopted Russian son.


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Taiwan university sues Apple for infringing upon voice-to-text technology
Sung Un Kim on July 31, 2012 7:15 AM ET

[JURIST] A Taiwanese university announced Monday that it has filed a patent suit against Apple [corporate website] in the US District Court for the Eastern District of Texas [official website]. Taiwan's National Cheng Kung University [university website] holds two different patents related to voice-to-text technology that were issued in 2007 and 2010. The university claims [Reuters report] that Apple infringed upon these patents by using Siri [materials], a feature allowing consumers to complete tasks via voice commands, in its iPhones and future iPads. The specific amount of damages sought was not revealed, but Yama Chen, legal manager of the university, stated that possible damages would be based on sales of Apple's products that use Siri. Chen also announced that the university is considering additional patent infringement suits against Google and Microsoft [corporate websites].
Apple has been involved in patent litigation around the globe against rivals Samsung Electronics, HTC and Motorola [corporate websites]. Last week the Federal Court of Australia [official website] began hearing [JURIST report] two patent infringement cases brought by Apple and Samsung Electronics. Apple has sued Samsung for infringing numerous patents by producing smartphones and tablets similar in design to the iPhone and iPad. In response, Samsung brought a counterclaim alleging that Apple unlawfully used its 3G technology that allows users to take calls while uploading photos and other documents. On the same day the US International Trade Commission (USITC) [official website] upheld [JURIST report] a decision by an administrative law judge that Apple legitimately used digital image preview technology patented by Eastman Kodak [corporate website]. Earlier this month, a UK court ruled [JURIST report] in favor of Samsung in a design infringement case brought by Apple alleging that three of Samsung's tablets infringed upon Apple's registered design patents while Samsung denied infringement. The court held that the designs of Samsung's Tablets 10.1, 8.9 and 7.7 did not infringe upon the Community Registered Design No. 000181607-0001 which belongs to Apple. On the other hand, a judge for the US District Court for the Northern District of California [official website] issued an injunction [JURIST report] against Samsung to stop the sale of its Galaxy Nexus smartphone in the US.


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