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Court will decide if NASA checks can continue
U.S. Legal News | 2010/03/08 17:06

The Supreme Court on Monday agreed to referee a dispute between NASA and some of its independent contractors over required security checks, a decision that could affect how the federal government investigates the background of current and future employees.

The justices agreed to hear an appeal from the space agency, which had its worker investigations at Jet Propulsion Laboratory in California blocked after the 9th U.S. Circuit Court of Appeals said the questions threatened the constitutional rights of workers.

The high court's decision in this case could throw into question the background checks routinely done on all federal government workers.

While the case before the court deals solely with whether to dissolve the temporary restraining order placed on NASA's background checks at the Jet Propulsion Laboratory, NASA said in its filings that the forms in question "are the same ones that have long been used to conduct background checks for applicants for federal employment."

Twenty-eight scientists and engineers from the Jet Propulsion Laboratory sued the federal government after NASA required them to submit to background checks. They said the agency was invading their privacy by requiring the investigations, which included probes into medical records and questioning of friends about everything from their finances to their sex lives.



Federal judge allows Rumsfeld torture suit to proceed
Lawyer Blog News | 2010/03/08 13:12

A judge for the US District Court for the Northern District of Illinois on Friday denied a motion to dismiss a torture suit brought against former defense secretary Donald Rumsfeld by two American citizens captured while working in Iraq. Judge Wayne Andersen dismissed two other counts but allowed the count alleging the plaintiffs were subject to cruel and degrading treatment methods during their detention.

The plaintiffs, Donald Vance and Nathan Ertel, were working for a private Iraqi security firm called Shield Group Security. There they witnessed suspicious activity that they reported to US authorities, but they were later arrested by US forces and detained without representation.

The plaintiffs brought a cause of action recognized in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics [opinion text] against Rumsfeld, claiming that he was personally responsible for the alleged unconstitutional treatment they faced while in detention. While allowing the suit seems in conflict with the recent decision in Ashcroft v. Iqbal, which extended heightened pleading requirements under Fed. R. Civ. P. 8(a)beyond antitrust cases, the judge wrote that Iqbal "requires vigilance on our part to ensure that claims which do not state a plausible claim for relief are not allowed to occupy the time of high-ranking government officials," but is not supposed to be a "categorical bar on claims against" them.



Yukos vs Russia face off in European court
Legal World News | 2010/03/05 19:08

Thousands of miles (kilometers) from the Siberian jail where its founder is imprisoned, representatives of the ruined Russian oil giant Yukos and the Russian government will meet face to face for the first time at the European Court of Human Rights this week as the dismantled company seeks to prove that its rights were violated.

Fearful it would never get a fair day in a Russian court, Yukos representatives filed a complaint with the European court on April 24, 2004 on the ground that it was "targeted by the Russian authorities with tax and enforcement proceedings, which eventually led to its liquidation."

Six years later, Thursday's hearing is a milestone in Yukos' efforts to win acknowledgment that the Russian government's actions were "unlawful, disproportionate, arbitrary and discriminatory, and amounted to disguised expropriation" of the company. Russian authorities had accused Yukos of shady deals and shell companies used to hide revenue from tax authorities.

Russian authorities began pursuing Yukos in 2002 on allegations of tax fraud. Through the courts, they ultimately froze its assets, forced it to sell its shares in other companies and declared it insolvent in 2006 before the company was finally liquidated a year later.

Mikhail Khodorkovsky, the former oligarch who founded the company in the chaotic years that followed the Soviet collapse, was convicted on charges of fraud and tax evasion and has been imprisoned since 2003.

Yukos would not give up the fight, however, and representatives of the company's entities that managed to survive kept pressing the complaint they filed with the European court, which was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.



Former Partner Returns to Law Firm Anderson Kill & Olick
Headline News | 2010/03/05 13:09

New York insurance law firm Anderson Kill & Olick, has named Larry Kill as chair of its Corpor ate & Commercial Litigation practice.

Kill has represented clients in a wide range of complex commercial litigation, with an emphasis on antitrust counseling and litigation, class action treble damage cases, trademark litigation and corporate person of interest criminal investigations.

Kill, a name shareholder who joined the firm in 1972, returns to the firm after a two-year hiatus at Reed Smith, where he has been a partner in the Antitrust and Competition practice.



Wisconsin man pleads guilty in triple homicide
Court Feed News | 2010/03/04 17:16
A central Wisconsin man has pleaded guilty to killing his estranged girlfriend and two of their children.

Shane Kettner cried as he entered the pleas Wednesday in Portage County Circuit Court to three counts of first-degree intentional homicide and endangering safety.

Investigators found the bodies of 30-year-old Christine Gollon, 3-year-old Ashley Kettner and 2-year-old Griffin Kettner on April 30 after breaking into the family's barricaded home in Nelsonville. Gollon's mother had called police worried about her daughter's welfare.

Kettner was found with his infant daughter, Esther. Authorities say gasoline had been poured around the house and Kettner had written a suicide note.

The 36-year-old Kettner initially pleaded not guilty, then changed his plea to not guilty by reason of mental disease.



Marine pleads not guilty to arranging rape online
Criminal Law Updates | 2010/03/04 17:14

A California Marine accused of using Craigslist to arrange the rape of an ex-girlfriend in Wyoming has pleaded not guilty to five felonies.

Jebidiah James Stipe of Twentynine Palms, Calif., entered his plea in Wyoming's Natrona County District Court on Wednesday.

Prosecutors say Stipe posted an ad on Craigslist pretending to be a Casper woman and asking for someone to help play out a "rape fantasy." Prosecutors say a Bar Nunn man, Ty Oliver McDowell, replied to the posting.

McDowell is accused of raping the woman inside her home on Dec. 11. He has pleaded not guilty to five felonies.

A U.S. Marine Corps spokesman says Stipe was being discharged from the military "as a result of a pattern of misconduct" at the time of his arrest.



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