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UN court to hear Georgia's request about Russia
Legal World News | 2008/08/17 15:32
The U.N.'s highest court has scheduled three days of hearings next month about Georgia's request to order Russia to stop attacks on ethnic Georgians.

Georgia claims the attacks amount to a persistent campaign of racial discrimination.

The International Court of Justice says it will hear arguments from both sides beginning Sept. 8 at its seat in The Hague.

Georgia has filed a suit seeking compensation for what it claims are nearly two decades of ethnic cleansing of Georgians in the breakaway regions of South Ossetia and Abkhazia. Russia so far has not responded to Georgia's claims.

By scheduling the hearings, the court responded Friday to Georgia's request for emergency action to halt operations by Russia and Russian-backed separatists.



Appeals court: Phil Spector's retrial can proceed
Lawyer Blog News | 2008/08/16 15:34
A California court panel has decided that the retrial of Phil Spector on a murder charge can proceed.

A state appeals court on Friday rejected a defense request to halt the trial.

The music producer's attorneys had requested a stay of the trial so they could appeal on double jeopardy grounds. They also wanted assurance that prosecutors would not ask jurors to convict Spector of lesser offenses. The court denied both requests.

Spector's first trial resulted in a jury deadlock on second-degree murder. Prosecutors have not indicated whether they will seek a conviction on lesser offenses.

The 68-year-old is charged with killing actress Lana Clarkson at his home in 2003. His retrial is set for October.



Appeals court in NYC will rehear torture case
Court Feed News | 2008/08/15 11:29
A federal appeals court will reconsider its decision to toss out a Canadian engineer's lawsuit over torture he says he endured after being mistaken for an Islamic extremist.

The move by the 2nd U.S. Circuit Court of Appeals in Manhattan was unusual not only because the full circuit assembles for a case only once or twice a year, but because Maher Arar's attorneys had yet to even ask for a full hearing.

The court notified lawyers Wednesday that the full panel of 13 judges will rehear Arar's case, which a three-judge panel of the 2nd Circuit dismissed in June. Arguments are scheduled for Dec. 9.

"We never even considered the possibility they would do it before we asked," said Maria LaHood, a Center for Constitutional Rights senior attorney representing Arar. "They certainly decided it was important enough on their own."

The Syrian-born Arar was detained in 2002 after switching planes at John F. Kennedy International Airport as he returned to Canada from vacation. Federal authorities say he had been wrongly listed as an al-Qaida member.



Appeals court orders Cuban militant to stand trial
Lawyer Blog News | 2008/08/15 10:28
 A federal appeals court on Thursday ordered Cuban militant Luis Posada Carriles to stand trial in El Paso on immigration fraud charges.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled that Posada, an 80-year-old anti-Castro militant, should stand trial on charges that he lied to federal authorities in his 2005 bid to become a U.S. citizen.

The criminal case against Posada had been dismissed last year when El Paso-based U.S. District Judge Kathleen Cardone ruled that the government engaged in trickery and deceit by using a naturalization interview to build a case against Posada.

Felipe Millan, one of Posada's lawyers in El Paso, said Posada's legal team was reviewing the decision and would decide on a course of action afterward.

In an e-mailed statement to The Associated Press, Justice Department spokesman Dean Boyd said, "We're pleased with the ruling and will proceed forward as appropriate."

The Cuban-born citizen of Venezuela is wanted in the South American country on charges that he orchestrated the 1976 bombing of a Cuban jetliner. He has denied any wrongdoing.

Posada was first arrested on a civil immigration violation in May 2005 after sneaking into the country from Mexico about two months earlier. Posada, a former CIA operative and U.S. Army officer, has claimed that he was brought across the border into Texas by a smuggler, but federal authorities have alleged that he actually sailed from Mexico to Florida.



Marlboro-maker backs NY bid to tax Indian sales
Lawyer News | 2008/08/15 08:30

Cigarette-maker Philip Morris, supports a New York state Assembly bill that would solve a long battle over collecting taxes on cigarettes sold by Indian reservation stores by making wholesalers pay the levy, a company spokesman said on Thursday.

The Indian tribes would then seek refunds for the taxes paid on any cigarettes that were sold to other Indians, explained David Sutton, a spokesman for Altria Group, which owns Philip Morris.

"But if you or I went as non-Native Americans consumers, the tax on the product would have already been paid on the wholesale level and they would not be entitled to a refund of that tax under this bill because you and I are not tribal members," he explained.

New York's tax revenues have dropped with Wall Street's profits, and the legislature returns next week for a special session to tackle the three-year, $26 billion deficit.

Estimates of how much the state loses by failing to collect the cigarette taxes range from several hundred million dollars a year to as much as $1 billion.



Appeals court reverses Steinbeck copyrights ruling
Legal Career News | 2008/08/14 16:05
A federal appeals court Wednesday reversed a ruling that awarded one of John Steinbeck's sons and a granddaughter publishing rights to 10 of the author's early works, including "The Grapes of Wrath" and "Of Mice and Men."

The ruling by the 2nd U.S. Circuit Court of Appeals will leave the rights in the hands of Penguin Group Inc. and the heirs of John Steinbeck's widow, Elaine. Author John Steinbeck died in 1968; his wife in 2003.

The appeals court said a lower court judge misapplied copyright law in awarding the rights in 2006 to the son, Thomas Steinbeck, and granddaughter Blake Smyle. Both already receive a portion of the proceeds of sales.

The case was returned to the lower court with instructions to leave the rights with various individuals and organizations, including the publisher Penguin and Elaine Steinbeck's heirs. The heirs include her sister, four children and grandchildren.

Mark S. Lee, the lawyer representing Thomas Steinbeck and Blake Smyle, said he was disappointed with the ruling.

Attorney Susan J. Kohlmann, who represented Steinbeck's estate, said the estate and its heirs were delighted, saying Wednesday's ruling meant "the wishes of John Steinbeck related to ownership of his literary works have been validated."



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