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Court won't allow Daimler Chrysler suit in Calif
Headline News |
2014/01/16 14:18
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The Supreme Court decided Tuesday not to allow a lawsuit to move forward in California that accuses a foreign company of committing atrocities on foreign soil. The decision could make it harder for foreign victims of foreign crime to seek justice in American courts.
The high court on Tuesday used a unanimous judgment to refuse to allow survivors and victims of Argentina's "dirty war" to sue in California the former DaimlerChrysler Corp. of Stuttgart, Germany, for alleged abuses in Argentina.
Victims who say they were kidnapped and tortured by the Argentine government in the late 1970s and relatives of those who disappeared sued in state court, alleging Mercedes-Benz was complicit in the killing, torture or kidnapping by the military of unionized auto workers.
In the 1970s and 1980s, thousands were killed, kidnapped or "disappeared," including trade unionists, left-wing political activists, journalists and intellectuals in Argentina in what has become known as the dirty war. The suit says "the kidnapping, detention and torture of these plaintiffs were carried out by state security forces acting under the direction of and with material assistance" from the Mercedes-Benz plant in Gonzalez-Catan, near Buenos Aires.
The lawsuit said that Daimler could be sued over the alleged Argentina abuses in California since its subsidiary, Mercedes-Benz USA, sold cars in that state. A federal judge threw that lawsuit out, but the 9th U.S. Circuit Court of Appeals reversed and said it could move forward. |
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Chile's top court rules against coal-fired complex
Headline News |
2014/01/13 14:19
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Chile's Supreme Court sided with local fishermen who contend a coal-fired power complex harms ocean life and pollutes their community, but the judges stopped short of ordering a suspension and left it to environmental authorities to decide if operations can continue.
The ruling on the Bocamina complex released Friday was another in a series of blows to big power projects in energy-strapped Chile, where concerns over environmental issues have been rising.
In December, an appeals court halted the 350-megawatt Bocamina II part of the complex owned by Endesa Chile in the southern Bio Bio region, citing harm to fishermen's livelihood.
The 128-megawatt Bocamina I plant was allowed to keep running. But the Supreme Court said the whole complex should shut down unless officials determine the water-cooling system doesn't threaten or hurt marine life.
The company can only operate the Bocamina I and II thermoelectric plants if they don't put harm marine life or put it at risk, the high court said in a ruling made Thursday.
The court ordered Chile's environmental authorities to take all measures required, including "a halt of operations" if needed, until the problem is fixed.
Environmental groups and fishermen say the complex's use of huge amounts of seawater to cool its equipment damages the area. |
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Defamatory online posts revisited by Texas court
Headline News |
2014/01/10 14:52
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They say nothing on the Internet ever really goes away, but the Texas Supreme Court is considering whether defamatory postings might be worth the effort to try.
Justices on the state's highest civil court on Thursday weighed broader questions about cyberbullying, hate speech and the First Amendment while hearing a case with far lower stakes. At issue is whether a company can be forced to remove from its website damaging personal comments about a fired Austin businessman.
Lower courts already have ruled that Robert Kinney's former company, Los Angeles-based BCG Attorney Search, can't be forced to remove the comments, even if a judge or jury eventually finds it defamed Kinney on the company's website by accusing him of running a kickback scheme. That's because defamatory speech still has protections under the law.
But Kinney's attorneys told the nine-member court that it's time for Texas law to catch up with technology.
"It was a little harder to defame someone before the Internet. Now, on my cellphone, I can walk out of here and in five minutes I can say something defamatory about somebody and hit a button, and it's there worldwide," said Martin Siegel, Kinney's attorney. "And it's potentially there for perpetuity."
Anthony Ricciardelli, an attorney for BCG, said forcing the comments to be removed would "set a dangerous precedent that will have a chilling effect on speech and may lead to a slippery slope."
The court isn't expected to make a ruling for several months.
Justices asked both sides to consider more divisive cases involving cyberbullying or hate speech _ whether a court should be able to issue orders to stop online antagonists from harassing others, for instance, even if no defamation was present. |
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Ga. banker accused of losing millions due in court
Headline News |
2014/01/02 13:43
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A south Georgia bank director accused of losing millions of investor dollars before vanishing is set to appear in court.
The U.S. attorney's office in Savannah says 47-year-old Aubrey Lee Price is due to appear before a federal judge in Brunswick on Thursday. Price was arrested Tuesday during a traffic stop on Interstate 95 in Brunswick.
Price had disappeared in June 2012 after sending a rambling letter to his family and acquaintances saying he had lost millions of investment dollars and planned to kill himself.
A Florida judge declared him dead about a year ago. But the FBI had said it didn't believe Price was dead and continued to search for him.
Prosecutors say Price raised $40 million from his bank and 115 investors, and lost much of the money. |
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Utah asks Supreme Court to block gay marriage
Headline News |
2014/01/02 13:42
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Utah took its fight against gay marriage to the U.S. Supreme Court on Tuesday, asking the high court to suspend same-sex unions that became legal when a judge struck down the state's voter-approved ban.
The heavily Mormon state wants the marriages to stop while it appeals a judge's decision, which said banning gay couples from marrying violates their right to equal treatment under the law.
In papers filed Tuesday, the state asked Justice Sonia Sotomayor to overturn a decision that has led to more than 900 gay marriages in Utah. Sotomayor handles emergency requests from Utah and other Rocky Mountain states.
Sotomayor responded with a request for legal briefs from same-sex couples by Friday at noon. She can act by herself or get the rest of the court involved.
"Numerous same-sex marriages are now occurring every day in Utah," Utah lawyers complain in the filing. "Each one is an affront not only to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels, but also to this court's unique role as final arbiter." |
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Man pleads not guilty in rape, death of Ohio girl
Headline News |
2013/12/30 14:04
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An Ohio man pleaded not guilty Thursday in the rape and strangulation of a 9-year-old girl whose body was found in a trash bin at the trailer park where they were neighbors.
One of Jerrod Metsker's court-appointed attorneys entered the pleas for him in Wayne County court. Metsker, wearing a red jail outfit with his wrists handcuffed, appeared via video and did not speak during the brief hearing.
A grand jury had indicted the 24-year-old Metsker on charges of aggravated murder, kidnapping and rape. He is being held on $1 million bond. Authorities previously said the death penalty would be available as punishment if Metsker is convicted of murder.
Metsker was the last person seen with 9-year-old Reann Murphy at their trailer park in Smithville, southwest of Akron, authorities said. A caller identifying himself as Metsker reported Reann missing in a 911 call.
Her body was found Dec. 15 after a frantic search by neighbors and law enforcement. Metsker was arrested later that day. The prosecutor said she was likely killed at Metsker's mobile home between 5:30 p.m. and 7:30 p.m. on Dec. 14. |
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