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Second Ohio Man Sentenced for Hate Crimes
Court Watch |
2007/02/23 11:14
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Joseph Kuzlik, of Cleveland, Ohio, was sentenced today to 27 months in federal prison and three years of supervised release for committing a racially motivated crime which violated the federally protected civil rights of a Cleveland family. Kuzlik was also ordered to pay restitution of $23,000 to the U.S. Environmental Protection Agency (EPA), $767 to the Ohio EPA, and additional sums to the individual victims who suffered financial losses as a result of the offenses. At the sentencing hearing, Judge Patricia Anne Gaughan said, “The abusive and serious nature of this offense is obvious to anyone with a modicum of decency and morality. I cannot imagine the terror that was inflicted on these victims. A message must be sent loud and clear that this behavior will not be tolerated and will result in a punishment at the high end of the guideline range.” On Nov. 27, 2006, Kuzlik pleaded guilty to conspiring to interfere with the federally protected housing rights of an interracial family because of their race, and for making false statements to federal investigators. Another Cleveland resident, David Fredericy, was sentenced on Jan. 17, 2007, to serve 33 months in prison for his role in the crime. Fredericy and Kuzlik engaged in a series of acts intended to threaten and intimidate interracial residents in their neighborhood, including placing toxic mercury on the porch of a family with children for the purpose of intimidating them because one of the parents was African-American. As part of his guilty plea, Kuzlik admitted that he and Fredericy were attempting to intimidate the family and drive them from the neighborhood. In order to keep their unlawful actions secret, both Fredericy and Kuzlik lied to federal investigators from the EPA, the federal agency initially charged with cleaning up the mercury and investigating the incident. “Bias-motivated acts of violence are despicable and intolerable, especially when they involve innocent children,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to the vigorous prosecution of these types of federal hate crimes.” Gregory White, U.S. Attorney for the Northern District of Ohio said, “Today’s sentence is a fitting conclusion to a joint effort by the FBI, the U.S. EPA, the Ohio EPA, and the Cleveland Police Department, and demonstrates the commitment of both state and federal law enforcement authorities to protecting every citizen’s basic right to live in and enjoy his or her own home without fear of racial intimidation.” The case was prosecuted by Assistant U.S. Attorney Ann C. Rowland and Trial Attorney Kristy L. Parker of the Civil Rights Division. |
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State Farm seeks to bar judge
Insurance |
2007/02/23 11:12
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State Farm is asking a federal judge to not be one to certify a class action lawsuit filed against the insurer over Hurricane Katrina damages. State Farm Insurance filed papers on Thursday to have US District Court Judge L.T. Senter, Jr. recused from certifying a class action lawsuit against the company over Hurricane Katrina damages.
The insurer questioned Senter's impartiality as fellow judge John Roper and Terri Brown, a federal court clerk, could be plaintiffs in the class action suit. Senter has already disqualified himself from hearing individual lawsuits involving the two co-workers. Senter, who has not yet ruled on the insurer's recusal motion, is scheduled to hear arguments concerning the State Farm class action bid on Wednesday. In January, a Mississippi jury held State Farm liable for $2.5 million dollars in punitive damages for rejecting a Katrina claim that State Farm said was due to wind before the storm rather than the hurricane itself. In the same month, State Farm agreed to settle with hundreds of Mississipi homeowners, but Senter rejected the proposed settlement. |
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UN condemn draft Nigeria anti-gay law
Human Rights |
2007/02/23 11:04
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United Nations human rights experts Friday condemned a proposed Nigerian law banning gay marriage and tightening laws criminalizing homosexuality in the country. While engaging in homosexual acts in Nigeria is already punishable by death by stoning, the UN experts said the new law, which authorizes a maximum five-year sentence for any person found to be openly gay, will make persons engaging in, or perceived to be engaging in, same sex relationships in Nigeria more susceptible to arbitrary arrests, detention, torture and ill-treatment and expose them even more to violence and attacks on their dignity. They also said the law would violate Article 1 of the Universal Declaration of Human Rights specifying that all human beings are “born equal in dignity and rights.” Friday's statement was jointly issued by Special Representative of the Secretary-General on Human Rights Defenders Hina Jilani; Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance Doudou Diène; Special Rapporteur on violence against women, its causes and consequences Yakin Ertürk; and Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Paul Hunt. Some speculate that the Nigerian law, which could pass both the House and Senate by the end of March, is a response to a civil unions law enacted by South Africa last November. With that legislation, South Africa became the first African nation to recognize same-sex unions. |
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Egypt cleric alleges torture after 2003 CIA rendition
International |
2007/02/23 01:03
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Speaking publicly for the first time, Muslim cleric Osama Moustafa Hassan Nasr said Thursday that he was tortured by Egyptian officials during his four-year detention in Egypt following an alleged 2003 kidnapping and extraordinary rendition from Milan. Nasr, who has been at the heart of Italian judicial proceedings against US and Italian intelligence agents implicated in his alleged kidnapping, spoke to reporters outside the unrelated trial of 22-year-old Egyptian blogger Abdel Kareem Nabil in Alexandria. Released from prison early last week, Nasr says he was tortured after being grabbed off a street in Milan and ultimately sent to Egypt. Late last week Italian Judge Caterina Interlandi issued indictments for 31 US and Italian intelligence agents for their alleged role in the abduction. Testimony during the Italian proceedings leading up to the indictments disclosed that the CIA had contacted Italian intelligence about the possibility of performing extraordinary renditions in the days following the September 11 attacks. Also last week, officials in Switzerland announced that they were launching a criminal probe into the alleged unlawful use of Swiss airspace by US agents to transport Nasr from Milan to Germany. Milan prosecutor Armando Spataro has said he will likely try the US agents in absentia, as the US is not expected to turn them over for trial. |
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Texas Man Pleads Guilty to Environmental Crimes
Environmental |
2007/02/22 11:02
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Dennis Rodriguez of El Paso, Texas, pleaded guilty today to criminal environmental crimes related to the operation of his company, North American Waste Assistance, LLC (NAWA), also located in El Paso. Under the plea agreement, entered in federal district court for the Western District of Texas, Rodriguez admitted to making a material false statement or representations in a manifest used to transport hazardous waste and to two counts of transporting hazardous waste to a facility that did not have a permit issued pursuant to the Resource Conservation and Recovery Act (RCRA). Both Rodriguez and his company were indicted in November 2005 for violations related to the handling and transportation of hazardous waste. According to the indictment, Rodriguez and NAWA were hired to dispose of over of 155 gallon drums of construction-related waste. Approximately 75 of the drums contained expired petroleum-based concrete curing compound, which is an ignitable hazardous waste when disposal becomes necessary. The indictment alleged that on or about March 27, 2002, Rodriguez and NAWA transported the drums using several Uniform Hazardous Waste Manifests that stated that the drums contained “Non-RCRA, Non-Regulated” waste. Rodriguez then made arrangements to transport the drums, for disposal, to landfills in Avalon, Texas, and Walterboro, S.C. that were not permitted under RCRA to accept hazardous waste. The drums of hazardous waster were then disposed of at unauthorized facilities. Rodriguez faces a maximum sentence of up to five years in prison and a total maximum fine of $250,000 per count. This case was investigated by Special Agents of the EPA, with the assistance of the Criminal Investigation Division of the Texas Commission on Environmental Quality, and is being prosecuted by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Western District of Texas. |
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5th Family Justice Center Opens in South Bend, Ind.
Law Center |
2007/02/22 11:02
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The Family Justice Center of St. Joseph County opened its doors today, the Justice Department and the City of South Bend announced. The center, located in South Bend, Ind., is the final center to be opened under President Bush’s Family Justice Center Initiative, and is located in one of 15 communities chosen under the President’s Initiative to prevent and respond to violence against women.
The President’s Family Justice Center Initiative, which was unveiled by President Bush in October 2003 and funded by the Justice Department, is an unprecedented pilot program designed to make a victim’s search for assistance more effective by bringing the necessary services together under one roof. The Justice Department’s Office on Violence Against Women (OVW) has guided this pilot program with the goal of using these centers as models for how communities should provide coordinated domestic violence services across the country. “Offering coordinated and centralized services for domestic violence victims is how our communities can better respond to violence against women,” said Mary Beth Buchanan, Acting Director of the Office on Violence Against Women. “We hope that these centers will serve as models for other communities to duplicate across the country.” The services in communities designed to help victims of domestic violence are often fragmented and uncoordinated. Centers like the Family Justice Center of St. Joseph County are designed to bring together various components, including victim advocates, law enforcement officers, prosecutors, probation officers, forensic medical professionals, civil legal attorneys, chaplains, and representatives from community-based organizations into one centralized location to better serve victims of abuse. Through the President’s Intiative, the Family Justice Center of St. Joseph County received extensive technical assistance from the original family justice center based in San Diego, Cailf., to aid in the comprehensive development. Additional technical assistance was provided by centers in Indianapolis, Ind. and Hennepin County, Minn. Additionally, the National Network to End Domestic Violence provided the Family Justice Center of St. Joseph County with assistance in technology and victim safety. |
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Cisco settles 'iPhone' trademark lawsuit with Apple
Breaking Legal News |
2007/02/22 09:03
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Tech giants Cisco Systems and Apple, Inc. have settled their trademark dispute over the use of the name "iPhone", the companies announced Wednesday. Cisco filed a lawsuit against Apple in mid-January, and under the settlement agreement both companies will share the "iPhone" name and explore opportunities for greater cooperation, possibly including development of collaborative projects. Other terms of the settlement remain confidential. Cisco has held the trademark "iPhone" since the year 2000. Apple CEO Steve Jobs unveiled Apple's cellular iPhone at a San Francisco tradeshow in January, despite not having agreed to the terms proposed by Cisco for use of the name. The two companies had been negotiating terms of a deal for several years, and were close to agreeing on terms as late as a few hours before Jobs made his announcement. The lack of an agreement before Apple's unveiling prompted Cisco's suit. Apple argued that Cisco's iPhone, which does not operate on cellular networks, but instead operates over the Internet, was materially different from their own. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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