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Court backs stripping Chinese tire import duties
Headline News |
2011/12/21 10:37
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An appeals court has ruled that Chinese-made goods shouldn't be subject to certain kinds of import duties imposed by the U.S. Commerce Department.
The U.S. Court of Appeals in Washington upheld a ruling Monday that the duties, called countervailing duties, can't be applied to Chinese-made goods because it doesn't have a market economy. Chinese goods are still subject to anti-dumping duties.
Chinese tire makers GRX International Tire Corp., Hebei Starbright Tire Co. and Tianjin United Tire amp; Rubber International had challenged the imposition of countervailing duties.
Countervailing duties are intended to tax items whose sale price when exported is subsidized by a company's home government.
The Commerce Department sought to impose the duties in 2007. The court ruled that congressional moves in 1988 and 1994 barred them. |
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Mentally disabled detainees granted class status
Court Watch |
2011/12/21 10:36
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A federal judge has granted class-action status to a case brought on behalf of mentally disabled detainees who lack legal representation in immigration court.
The order issued under seal in November by U.S. District Court Judge Dolly Gee was made public Monday. The case involves detainees in California, Washington and Arizona who have been deemed mentally incompetent to represent themselves.
The American Civil Liberties Union and other immigrant advocates want the federal government to appoint lawyers to represent mentally disabled detainees. Advocates brought the case last year on behalf of two men who had been detained for years. Immigrants are not required to use attorneys in deportation proceedings and attorneys are not provided free-of-charge in immigration court. |
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Gingrich assails judges as he courts conservatives
Lawyer News |
2011/12/20 10:20
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As he works to rev up his conservative base in Iowa with just two weeks to go until the state's caucuses, Newt Gingrich is launching a full-throated assault on a reliable GOP target: judges.
There is little love for the judicial branch among the Republicans seeking the White House. But Gingrich's ridicule has been, by far, the sharpest and the loudest. And it's taken a central role as his campaign struggles to stay atop polls in Iowa, a state where irate social conservatives ousted three judges who legalized same-sex marriage.
I commend the people of Iowa for sending a strong signal that when judges overreach that they can find a new job, Gingrich told about 200 supporters who turned out to hear him speak in Davenport, Iowa, on Monday.
Gingrich has suggested that judges who issue what he termed radical rulings out of step with mainstream American values should be subpoenaed before Congress to explain themselves before facing possible impeachment. As president, he said, he'd consider dispatching U.S. marshals to round up judges who refuse to show voluntarily. In extreme cases, whole courts could be eliminated.
In the final debate before voters weigh in at the Jan. 3 Iowa caucuses, Gingrich called the courts grotesquely dictatorial. He cast the fight in stark religious terms reminiscent of the culture wars, in which a secular, legal elite was encroaching on religious liberties.
The targets of Gingrich's strongest derision: the West Coast's 9th U.S. Circuit Court of Appeals, a perennial punching bag for the right, and a federal judge in Texas who banned prayer in a public school. |
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NY top court allows private securities claims
Court Watch |
2011/12/20 10:19
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Enforcement by the state attorney general against securities fraud doesn't pre-empt private common-law claims of negligence against investment companies, New York's top court ruled Tuesday.
The Court of Appeals rejected J.P. Morgan Investment Management's argument that New York's Martin Act gives the attorney general exclusive authority over fraudulent securities and investment practices. The court said Assured Guaranty (UK) Ltd. can sue J.P. Morgan.
We agree with the attorney general that the purpose of the Martin Act is not impaired by private common-law actions that have a legal basis independent of the statute because proceedings by the attorney general and private action have the same goal — combating fraud and deception in securities transactions, Judge Victoria Graffeo wrote.
Assured claimed breach of fiduciary duty and gross negligence, alleging J.P. Morgan invested heavily in risky mortgage-backed securities while committing to a conservative investment policy for reinsurance company Orkney RE II PLC, whose obligations Assured guaranteed. After the market crashed, Assured had to cover Orkney losses.
Here, the plain text of the Martin Act, while granting the attorney general investigatory and enforcement powers and prescribing various penalties, does not expressly mention or otherwise contemplate the elimination of common-law claims, Graffeo wrote. The unanimous ruling upheld a midlevel court, which had reversed a judge. |
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Operative gets prison for bilking NYC mayor
Topics |
2011/12/19 11:17
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A political operative convicted of bamboozling Mayor Michael Bloomberg out of hundreds of thousands of dollars was sentenced to prison Monday un a case that brought the billionaire politician to the witness stand and gave the public a behind-the-scenes look at his campaign and City Hall.
John Haggerty agreed to pay $750,000 in restitution to Bloomberg in addition to his prison term of 1 1/3 to 4 years.
Haggerty, a veteran Republican campaign consultant, was convicted in October after a trial that jurors called a crash course in the workings of politics. Besides the business-mogul-turned-mayor, the case drew in the state's third-largest political party and featured a coterie of Bloomberg insiders sketching their roles in his political, philanthropic and business affairs.
Since starting my career, I've worked hard to make a reputation in the world of politics and government as a dedicated, honorable individual. Today, my reputation is destroyed, Haggerty told the judge in a strong voice. If I could do it all over again, I would certainly do it much differently than I did.
He walked out of court briskly, without handcuffs, after state Supreme Court Justice Ronald Zweibel pronounced a sentence he said he felt necessary to restore the public's confidence in the electoral process and to serve as a deterrent. Haggerty's lawyers said they planned to ask an appeals court to let him out on bail during a planned appeal. |
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Court schedules week of health care arguments
Topics |
2011/12/19 01:16
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The Supreme Court announced Monday that it will use an unprecedented week's worth of argument time in late March to decide the constitutionality of President Barack Obama's historic health care overhaul before the 2012 presidential elections.
The high court scheduled arguments for March 26th, 27th and 28th over the Patient Protection and Affordable Care Act, which aims to provide health insurance to more than 30 million previously uninsured Americans. The arguments fill the entire court calendar that week with nothing but debate over Obama's signature domestic health care achievement.
With the March dates set, it means a final decision on the massive health care overhaul will likely come before Independence Day in the middle of Obama's re-election campaign. The new law has been vigorously opposed by all of Obama's prospective GOP opponents. Republicans have branded the law unconstitutional since before Obama signed it in a March 2010 ceremony.
In an extraordinary move, the justices are hearing more than five hours of arguments over the health care overhaul. In the modern era, the last time the court increased that time anywhere near this much was in 2003 for consideration of the McCain-Feingold campaign finance overhaul. That case consumed four hours of argument.
The Supreme Court will start the week of arguments that Monday with one hour on whether court action is premature because no one yet has paid a fine for not participating in the overhaul.
Federal law generally prohibits challenges to taxes until they are paid. The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled earlier this year that the penalty for not purchasing insurance will not be paid before federal income tax returns are due in April 2015, therefore it is too early for a court ruling. |
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