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Russian court grants bail to ill ex-Yukos lawyer
Legal World News |
2008/12/08 17:29
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A jailed former executive of dismantled oil giant Yukos who suffers from AIDS and tuberculosis and has almost completely lost his eyesight was ordered freed on bail Monday, a court official said. The Moscow City Court set bail for Vasily Aleksanian, who faces embezzlement and money-laundering charges, at 50 million rubles ($1.8 million), spokeswoman Anna Usachyova said. Aleksanian, a 36-year-old U.S.-trained lawyer who's been jailed since 2006, was moved to a clinic in February, while lawyers demanded that he be released from custody given his state of health. His trial was suspended earlier this year due to major health problems. The court's ruling represented a rare victory for defendants in cases against Yukos and its jailed founder, Mikhail Khodorkovsky. Aleksanian had been a vice president at Yukos and served as a lawyer for Khodorkovsky, who is serving an eight-year sentence in a Siberian prison on fraud and tax evasion charges. Once Russia's largest oil producer, Yukos was broken up and sold off in auctions in what was seen as the Kremlin's punishment for Khodorkovsky's political ambitions. Most of its assets were purchased at bargain prices by state-owned corporations. Aleksanian's lawyers and supporters protested what they described as inhumane treatment and unsanitary conditions in the prison and the hospital. The treatment of another Yukos lawyer, Svetlana Bakhmina, has also attracted wide attention. Bakhmina became pregnant while in custody and her supporters had called on President Dmitry Medvedev to grant her amnesty. She was recently transferred to a clinic near Moscow and gave birth to a girl last month. |
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China court refuses to accept tainted milk lawsuit
Legal World News |
2008/12/08 14:29
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A court on Monday refused to accept a lawsuit filed against a Chinese dairy by dozens of families who said their children were sickened or killed by tainted milk, lawyers involved in the case said. The 63 defendants in the first-known group lawsuit stemming from the scandal, including the parents of two children who died, were seeking nearly 14 million yuan ($2 million) in compensation from state-owned Sanlu Group Co., Beijing-based lawyer Xu Zhiyong said. The dairy based in the northern Chinese city of Shijiazhuang was at the center of China's worst food safety crisis in years, in which six babies are believed to have died and nearly 300,000 became sick with urinary problems after drinking infant formula tainted with the industrial chemical melamine. Three of six defense lawyers presented the suit to the Hebei Supreme Court's registry office on Monday but were told it could not be accepted because government departments were still investigating. |
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Calif. trio charged with torturing, abusing teen
Lawyer Blog News |
2008/12/05 19:26
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A couple accused of beating and torturing a teenager, who authorities say was sometimes kept shackled inside their home, appeared in shackles themselves to face more than a dozen kidnapping and child abuse charges. It was Michael Schumacher and Kelly Layne Lau's first court appearance since their arrest following the boy's escape in nothing more than boxer shorts and a chain around his ankle. The teen was in search of help after allegedly spending more than a year in captivity. The boy's one-time guardian, Caren Ramirez, also was charged with similar allegations Thursday. She remained under psychiatric evaluation awaiting her court appearance, expected as early as Monday. Schumacher and Lau were charged with 13 felony counts, and Ramirez, whom the boy called an aunt, was charged with 10 counts. Among the charges are corporal injury to a child, child abuse and aggravated mayhem, which the San Joaquin County District Attorney's office said could yield life sentences. Superior Court Judge Franklin Stephenson ordered Schumacher and Lau to be held in lieu of $2.2 million bail. They did not enter pleas. The abuse at the couple's home in Tracy, about 60 miles east of San Francisco, started in July 2007, prosecutors said. The boy escaped from the home on Monday and fled to a nearby fitness center. He appeared emaciated and was covered in soot. |
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NYC court: Big city guns can equal stiff sentence
Lawyer Blog News |
2008/12/05 19:25
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Federal judges can give harsher penalties to people who help bring illegal guns to big cities, a federal appeals court decided Thursday. The 2nd U.S. Circuit Court of Appeals approved the practice in its ruling for the case of an illegal gun dealer who got two years in prison, which was six months more than federal sentencing guidelines recommended. When he imposed the sentence in 2004, U.S. District Judge Charles P. Sifton in Brooklyn said there was a "crying need" to deter gun trafficking into large metropolitan areas. A three-judge appeals panel initially had overturned Sifton's ruling. The judges then reheard the case and ruled in Sifton's favor Thursday. The panel said Sifton's ruling was justifiable given the high payoff available to gun smugglers who target big cities. "Where the profits to be made from violating a law are higher, the penalty needs to be correspondingly higher to achieve the same amount of deterrence," the majority opinion said. Gerard Cavera, the convicted gun dealer in the case, was an Army veteran with residences in New York and Deerfield Beach, Fla. The appeals court said evidence in the case indicated that he likely knew 16 firearms he sold in Florida for $11,500 were destined for New York City. Cavera's lawyer, Jeffrey Rabin, said he was "somewhat disappointed" and was considering an appeal. He argued the case would contribute to a return to the disparate sentencing that occurred before the creation of sentencing guidelines. |
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High court to hear enemy combatant case
Lawyer Blog News |
2008/12/05 19:24
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The Supreme Court agreed Friday to decide whether the president may order that people picked up in the United States be detained indefinitely and without criminal charges. The court is undertaking a fresh review of the Bush administration's aggressive use of preventive detention for suspected terrorists. The administration asserts that the president has the authority to order the military to detain anyone suspected of being an al-Qaida member. The administration's policy is being challenged by Ali al-Marri, a Qatar native who was seized in the United States and is the only enemy combatant currently being held on U.S. soil. The government says al-Marri is an al-Qaida sleeper agent. Al-Marri, represented by the American Civil Liberties Union, says he cannot be imprisoned without charge or trial. He was arrested in Peoria, Ill. Al-Marri has been held in virtual isolation in a Navy brig near Charleston, S.C., for nearly 5 1/2 years. The 4th U.S. Circuit Court of Appeals in Richmond, Va., said in a split decision that the president has such power, but that al-Marri must be given the chance to persuade a federal judge that he is not an enemy combatant. The administration argued that al-Marri's case should first go to federal district court in South Carolina, instead of to the Supreme Court. Al-Marri said that the case was of such constitutional importance that it should be heard by the high court now — and the justices apparently agreed. |
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Little girl's claims at issue in high court case
Court Feed News |
2008/12/03 17:21
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A Massachusetts girl's awful experience on a school bus is at the heart of a case argued in the Supreme Court Tuesday over limits on lawsuits about sex discrimination in education. The 5-year-old kindergarten student in Hyannis, Mass., told her parents that in 2000 a third-grade boy repeatedly made her lift her dress, pull down her underwear and spread her legs. Local police and the school system investigated, but found insufficient evidence to bring criminal charges or definitively sort out the story, according to court records. The district refused to assign the boy to another bus or put a monitor on the bus, records show. Upset with the school district's response, parents Lisa and Robert Fitzgerald sued the district in federal court under both Title IX, which bars sex discrimination at schools that receive federal money, and a provision of a Civil War era, anti-discrimination law that was designed to enforce the 14th Amendment's equal protection clause. The issue for the court is whether Title IX, enacted in 1972, rules out suits under the older provision. A federal judge ruled that the Fitzgeralds could not sue under the older law because Congress had subsequently passed Title IX. The Fitzgeralds also lost on their Title IX claims. The Boston-based 1st U.S. Circuit Court of Appeals upheld the ruling. The justices appeared skeptical of the idea that Congress, in legislation expanding protection from discrimination, would cut back on the ability to sue for violations of constitutional rights. But they also wondered whether the Fitzgeralds ultimately would win their lawsuit. |
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