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New York Times seeks dismissal of anthrax libel lawsuit
Court Watch | 2006/12/02 12:48

The New York Times has asked US District Judge Claude M. Hilton to dismiss a libel lawsuit brought by Dr. Stephen J. Hatfill, a former Army germ-warfare researcher who was named a "person of interest" by the FBI in its investigations of anthrax mailings shortly after the Sept. 11 attacks.

Hatfill sued the Times for libel and intentional infliction of emotional distress after the newspaper published a story stating that the government's decision not to further pursue Hatfill as a suspect was the result of "poor investigation." The newspaper moved to dismiss the lawsuit on the grounds that as a public speaker on bioterror, Hatfill is a public figure and therefore must prove a higher standard of defamation. The "public figure" must prove that the defamatory actions were taken with "actual malice", a standard which the Times motion contends Hatfill has failed to meet.

Hatfill's suit against the Times and columnist Nichols Kristoff was initially dismissed by a trial court, who ruled the columns were an ongoing report about a government investigation, not libel. The US Court of Appeals for the Fourth Circuit reversed, ruling that a jury should decide that issue. In March, the Supreme Court refused to grant certiorari in the case. Hatfill has also sued the government for related claims.



Japan Court Orders To Compensate 'War Orphans'
International | 2006/12/01 16:41

A Japanese court on Friday ordered the government of Japan to pay 468 million yen to 61 Japanese plaintiffs who were displaced as children in China after World War II. The plaintiffs - known as "war orphans" - alleged that the government failed to promptly remove them from China after the war, causing them to face hardship as foreigners in China.

They also claim that they endured difficulty acclimating to Japanese culture when they were repatriated in the 1970s. According to the lawsuit, the government failed to assist the repatriation process although many of the plaintiffs did not speak Japanese or were shunned by living relatives. In the 1930s, the government transported 320,000 settlers to the Manchuria province to establish a base of operations for Japan's 1937 invasion of China. Many Japanese settlers were left behind after the war, however, and many children were raised by Chinese citizens. The plaintiffs remained displaced until 1975 when the government began locating them.

In 1994, the Japanese government passed legislation providing financial assistance to Japanese nationals who returned to Japan. Last year, an Osaka court rejected similar claims from a different group of plaintiffs, declaring that the government had no obligation to provide compensation.



EPA drops plan for less frequent toxic release reporting
Environmental | 2006/12/01 10:29

The Environmental Protection Agency (EPA) has abandoned plans to decrease the frequency of reporting requirements for the release of toxic chemicals by polluting companies, it was announced Thursday. The changes would have required polluters to report every other year rather than the current mandate of annual submissions. The EPA also asserted, however, that it will push next year for an increase in the amount of pollutants that triggers the requirement for companies to report, essentially exempting about one-third of 23,000 companies from the Toxic Release Inventory (TRI) reporting established in the 1986 Emergency Planning & Community Right to Know Act.
Under existing standards, polluters must report any release over 500 pounds, while the proposed change would only require reporting after the release of 5,000 pounds. The EPA's move follows criticism from US Senators Frank Lautenberg (D-NJ) and Robert Menendez (D-NJ), who staunchly oppose the proposed changes. Lautenberg, who penned the Right to Know law, called the changes a "giveaway to corporate polluters at the cost of everyday Americans' health" and an "irresponsible policy stand."

The chemicals that must be reported under TRI requirements include DDT, mercury, PCBs and other chemicals that do not substantially dissipate. The lower TRI standard would exempt many companies in the mining, utility, oil, rubber, plastics, printing, textile, leather tanning and semiconductor industries.



Video Game Industry Wins Two More Legal Battles
Breaking Legal News | 2006/12/01 09:48

The Entertainment Software Association, the trade group representing video game companies, won two more legal battles this week against laws aimed at restricting the sale of violent games to minors. On Tuesday, the US Court of Appeals for the Seventh Circuit upheld the 2005 ruling that the "Safe Games Illinois Act" was unconstitutional. The appeals court agreed that the labeling requirements and restrictions on the sale of objectionable games to minors were overbroad and not narrowly tailored.
Under the original district court order in the case, Illinois also owes the ESA over $500,000 in legal fees - an amount which has not been paid. A spokesman for Illinois Governor Rod Blagojevich said the state "will comply with any court order" but didn't provide a timetable for payment or a reason for the delay. The ESA has gone to court to request a deadline for payment and is seeking an additional $7,800 in interest; a ruling on their motion is expected next month.

The US District Court for the Middle District of Louisiana has meanwhile delivered a similar victory for the ESA, ordering a permanent injunction against a Louisiana law that would ban the sale of violent video games to minors. Judge James Brady made the ruling from the bench with no written opinion; in issuing a temporary injunction in August, he wrote "the evidence that was submitted to the legislature in connection with the bill that became the statute is sparse and could hardly be called in any sense reliable". Assistant Attorney General Burton Guidry said "We did everything we could to defend the law, but, as the judge said, the law was practically unenforceable as written". Outspoken video game critic Jack Thompson had drafted the law, although he later feuded with Guidry over the case and even accused Guidry of not adequately presenting the government's side.



China executes Christian sect leaders
International | 2006/12/01 09:36

Chinese authorities have executed the founder of a Chinese Christian church and two of his close associates for allegedly ordering the murders of several members of a rival religious sect, a lawyer for Xu Shuangfu said Wednesday. The death penalty apparently imposed last week on the former head of the Three Grades of Servants Church without any notification to his family or defense team is part of a crackdown by the government of China on underground religious organizations that authorities label as cults. Making the sects illegal prohibits them from recruiting members or raising money, so the churches go underground to worship. Xu's conviction and July 2006 sentencing stemmed from the 2002 murders of members of the Eastern Lightning Church, which attempted to steal followers away from the Three Grades of Servants Church. Christian groups say that 15 members of the Three Grades Church have been executed by Chinese authorities so far.

Xu's family does not claim that the murders never happened, but contends that his trial was wrought with flaws and included no physical evidence linking Xu to the deaths. Prosecutors instead relied on confessions of fellow church members, which Xu's lawyer says were garnered by torture. Earlier this year, the Falun Gong spiritual group, also banned by the Chinese government, alleged that thousands of its followers were being held in a Chinese "concentration camp" to be killed for organ-harvesting.



Saddam rejects mass grave testimony
Court Watch | 2006/12/01 09:17

Saddam Hussein on Thursday rejected forensic evidence of mass graves presented by US experts in his genocide trial for the "Anfal" campaigns against ethnic Kurds in northern Iraq between 1987 and 1988. Hussein said that pictures of the graves are "irrelevant to the Anfal case" and that he "refutes all the testimonies submitted by the Americans" in the Anfal case, but expressed willingness to accept evidence offered by coalition countries other than the United States. Also on Thursday, Chief Judge Mohammed Oreibi al-Khalifa admitted testimony of Michael Trimble, an American forensics expert with the US Army Corps of Engineers. Trimble offered an account of his discovery of corpses of hundreds of Kurdish women and children in three mass graves.

On Tuesday, Khalifa rejected an attempt by Hussein to bar testimony by American forensics expert Clyde Snow after Hussein demanded a neutral witness from a country that was not involved in the 2003 Iraq invasion. Hussein was sentenced to death earlier this month for crimes against humanity  committed in the Iraqi town of Dujail. An appeals panel is expected to rule on the verdict and sentence by mid-January 2007. Prosecutors hope to complete the Anfal trial before Hussein's execution. The Anfal trial has now been adjourned until Monday.



Terror suspect to be extradited to US
Law Center | 2006/12/01 08:34

The UK High Court ruled Thursday that two British citizens charged with terrorism offenses can be extradited to the US to face terrorism charges. Haroon Rashid Aswat, wanted in the US on suspicion of setting up a terrorist training camp, and Babar Ahmad, wanted for conspiring to kill Americans and running a website used to fund terrorists and recruit al Qaeda members, had argued that they should not be extradited to the US because they would be mistreated or tried as enemy combatants. The extraditions were approved only after the US offered assurances that it would not seek the death penalty, try the suspects before military tribunals or declare them enemy combatants. Lord Justice John Laws dismissed the appeal and held that possible mistreatment by the US "would require proof of a quality entirely lacking here" and that the US is a country" in which the United Kingdom has for many years reposed the confidence not only of general good relations, but also of successive bilateral treaties consistently honoured."

Aswat was arrested in August 2005 by Zambian police and returned to the UK in connection with the July 7 London bombing attacks. He was later arrested under a US warrant on the suspicion of setting up a terrorist training camp in Oregon five years ago. Ahmad was indicted in the US in October 2004. Both extradition cases were heard under a "fast track" extradition procedure under the UK Extradition Act 2003 that decreases the burden of proof on certain countries, including the United States.



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