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Man pleads guilty to sea cucumber smuggling charge
Legal Focuses |
2014/03/10 13:43
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Federal prosecutors in San Diego say a man has pleaded guilty to charges he smuggled 100 pounds of dried sea cucumber into the United States from Mexico.
Sea cucumbers are leathery-skinned marine animals used in some folk medicine practices.
United States Attorney Laura E. Duffy says Cheng Zhuo Liu (chuhng joo-oh lee-oo), a resident of Chula Vista, admitted to tucking the sea cucumbers into the spare tire area of his car before crossing the border last October.
According to the US attorney's office, their market value was between $5,000 and $10,000.
The particular species Liu had is protected under international trade rules, and requires a permit for import.
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Driver pleads guilty in deadly bus stop crash
Headline News |
2014/03/10 13:42
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A driver who plowed into a Riverside bus stop, killing a woman and a 7-year-old girl, has pleaded guilty to involuntary manslaughter.
The Press-Enterprise reports 46-year-old Joe Williams was ordered Thursday to serve six months in custody of the Sheriff's Department, but his sentence could include a work-release program in lieu of jail time.
Williams was indicted after prosecutors told a grand jury that he had a history of blackouts seizures and should not have been driving.
Authorities say Williams, a parking enforcement agent, blacked out at a red light on Dec. 28.
When motorists behind him honked their horns, Williams accelerated, veered up onto the shoulder of the road and crashed into a bus bench.
Twenty-eight-year-old Melissa Bernal and 7-year-old Aniya Mitchell were killed. |
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Court upholds $185 million award against Argentina
Legal Focuses |
2014/03/07 14:58
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The Supreme Court has upheld a British natural gas company's multimillion dollar award against the government of Argentina.
BG Group won $185 million through arbitration of a dispute with Argentina over investment in natural gas development. An arbitration tribunal said the company did not have to first submit the dispute to Argentine courts before arbitration could begin.
Argentina asked a U.S. court to throw out the award. The federal appeals court in Washington, D.C., sided with Argentina because it found that judges, not arbitrators, should decide where attempts to resolve the dispute should begin.
But the Supreme Court said Wednesday the arbitrators get to make that call and that they were correct to rule in favor of BG Group in this case. |
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High court sides with parent who fled with child
Firm News |
2014/03/07 14:57
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The Supreme Court has made it harder for a parent in a custody dispute to seek the immediate return of a child under an international treaty to deter child abduction.
The justices ruled unanimously Wednesday that a one-year clock begins ticking when a child is taken out of its country of residence, even if the parent left behind cannot determine where the child is living. In the one-year period, the Hague Convention on child abduction gives judges little option but to return the child to its home country.
After a year, judges have more discretion and must take account of evidence that the child is settled in its new home. |
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Court: Broad protection for whistleblowers
Court Watch |
2014/03/05 13:32
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The Supreme Court says whistleblower protections in a federal law passed in response to the Enron financial scandal apply broadly to employees of publicly traded companies and contractors hired by the companies.
The justices ruled 6-3 Tuesday in favor of two former employees of companies that administer the Fidelity family of mutual funds. The workers claimed they faced retaliation after they reported allegations of fraud affecting Fidelity funds.
The case involved the reach of a provision of the Sarbanes-Oxley Act, passed in 2002 in response to the Enron scandal, that protects whistleblower activity. The measure was intended to protect people who expose the kind of corporate misdeeds that arose at Enron. |
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Court weighs securities fraud class-action cases
Legal Focuses |
2014/03/05 13:27
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The Supreme Court is considering whether to abandon a quarter-century of precedent and make it tougher for investors to band together to sue corporations for securities fraud.
The justices hear arguments Wednesday in an appeal by Halliburton Co. that seeks to block a class-action lawsuit claiming the energy services company inflated its stock price.
A group of investors says it lost money when Halliburton's stock price dropped after revelations the company misrepresented revenues, understated its liability in asbestos litigation and overstated the benefits of a merger.
Justices threw out the company's first attempt to block the lawsuit in 2011. But Halliburton is now urging the court to overturn a 25-year-old decision that sparked a tidal wave of securities-related, class-action lawsuits against publicly traded companies and has led to billions in settlements.
The court's 1988 decision in Basic v. Levinson says shareholders who claim they were defrauded by false statements in securities filings don't have to prove they actually relied on the statements. Rather, the court reasoned that any misrepresentation would be reflected in the current stock price. Even if investors are not aware of the misstatements, they are presumed to be aware of them because they affect the stock price.
This presumption, known as the "fraud-on-the-market theory," has become the driving force for modern class-action securities cases. But some economists have questioned whether this theory makes sense anymore, saying it doesn't account for the sometimes random and arbitrary nature of stock trading. |
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