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World Court to rule in Djibouti suit with France
International | 2008/06/04 06:22
The U.N.'s high court was poised to rule Wednesday on Djibouti's demand that France hand over its investigative file on the 1995 murder of a French judge, whose charred corpse was found in a ravine in the former French territory.

Senior Djiboutian officials have been implicated in the case and the judge's widow has accused the east African country's president of ordering her husband's murder.

President Ismael Omar Guelleh has denied the charge and in turn accused France of trying to destabilize his country.

In the world court case, Djibouti has argued that France violated two bilateral cooperation agreements by withholding evidence about the death of the magistrate, Bernard Borrel, who was an adviser to the Djibouti Justice Ministry.

Djibouti, which hosts France's largest military base in Africa, also has claimed immunity for two senior officials sought by a French investigating magistrate in the case for allegedly bribing witnesses.

In addition, France has asked to question Guelleh but has conceded the president cannot be summoned against his will.



Judge orders Yahoo investor lawsuit made public
Venture Business News | 2008/06/03 09:08

An investor lawsuit against Yahoo Inc's board over its rebuff of Microsoft Corp's $47.5 billion buyout bid was made public by a judge on Monday who said that Yahoo had not shown good reason to keep it confidential.

A copy of the unsealed complaint, and a letter from Delaware Chancery Court Judge William Chandler explaining his decision, were posted on the Web site of law firm Bernstein Litowitz Berger & Grossmann LLP, which represents investors in the case.

"I conclude that defendants have not satisfied their burden to show good cause for the continued filing of the portions of the complaint under seal," the judge wrote.



AT&T settles lawsuit over cellphone fees
Court Watch | 2008/06/03 09:07

AT&T Inc will offer refunds to customers who have been charged for third-party cellphone content, including ringtones, news and other alerts, as part of a settlement of a group of class-action lawsuits, court papers available online show.

The top U.S. phone company's wireless unit AT&T Mobility agreed to refund third-party mobile content fees that it billed from Jan. 1, 2004 through May 30 this year, the papers show.

The plaintiffs had accused AT&T Mobility of charging its wireless subscribers for unauthorized third-party mobile content. Similar lawsuits are pending in state and federal courts nationwide, the papers show.



High court ruling seen as boost for fantasy sports
Law Center | 2008/06/03 07:03
The $500 million a year fantasy sports business received a huge boost on Monday when the U.S. Supreme Court declined to hear an appeal from Major League Baseball and its players union over the use of player names and their statistics.

Without comment, the justices refused to step into the dispute, giving the owners and operators of countless sports fantasy companies the opportunity to operate without having to pay to be licensed by baseball.

Jeff Thomas, a Kenosha, Wis.-based operator of two fantasy sports Web sites and president of the Fantasy Sports Trade Association, said the decision was a victory for free speech and "marks potentially the single biggest day in the history of the fantasy sports history."

In fantasy sports, participants act as owners or managers of a sports team, and track how the players they have perform statistically. The statistical performance is converted into points, which are compiled and totaled.



Beshear's former law firm to represent him
Political and Legal | 2008/06/03 06:02
Gov. Steve Beshear has turned to his former law firm of Stites & Harbison to represent him and the governor's office in the lawsuit brought by Senate President David Williams over road funding.

After deciding to outsource his legal representation, Beshear tasked his general counsel, Ellen Hesen, with spearheading the bidding process that included "several" firms.

He dismissed a notion that hiring his former employer could give a perception that he played favorites.

"If there is, there is," he said. "I wanted to get who I considered to be the best lawyers to represent me on such an important issue."

Williams, a Republican from Burkesville, filed the suit last month because he said Beshear improperly vetoed a bill outlining how road funds could be spent.

Steve Robertson, chairman of the Kentucky Republican Party, said Beshear's hiring his former firm looks as if he's helping out his friends and former bosses.

"Beshear's mantra during the campaign was 'taking care of our own,' and it's clear that he's at least making good on that promise," Robertson said.

Beshear told reporters that Stites & Harbison emerged as the top choice "because of their experience and their expertise."



Court again suspends Hyundai exec's jail term
International | 2008/06/03 05:00
A South Korean court Tuesday ruled for a second time that Hyundai Motor Chairman Chung Mong-koo does not have to go to prison for embezzlement and breach of trust, leaving the auto tycoon free to keep running the aggressively expanding automaker.

The Seoul High Court upheld a sentence last year in which it suspended the three-year prison term handed Chung by a lower court.

The latest ruling the 70-year old executive can avoid time in jail as long as he breaks no laws for five years.

Presiding judge Kil Ki-bong said Chung used most of the embezzled funds for his company and "did not seek personal profits" as a reason for suspending the prison term. The judge said Chung's promise to donate personal assets to society was also a mitigating point. Chung has promised to donate 1 trillion won ($985 million) worth of assets to charity in an apparent attempt to seek leniency from the court.

The Seoul High Court was forced to issue a new sentence because prosecutors appealed one aspect of its earlier decision: that Chung deliver lectures and write newspaper articles on lawful business management for the community service portion of his sentence.

In Tuesday's ruling, the high court ordered Chung to do 300 hours of community service in the form of environmental protection and other activities instead of the lecturing and writing.



Court rules for defendants on money laundering
Breaking Legal News | 2008/06/03 04:02
The Supreme Court ruled Monday that federal prosecutors have gone too far in their use of money laundering charges to combat drug traffickers and organized crime.

In two decisions — one a 5-4 split, the other unanimous — the justices found that money laundering charges apply only to profits of an illegal gambling ring and cannot be used when the only evidence of a possible crime is when someone hides large amounts of cash in his car when heading for the border.

The government brings money laundering cases against more than 1,300 people annually and the justices appeared to agree with defense lawyers who said government prosecutors have been stretching the bounds of the law. The Justice Department drew little sympathy from Justice Antonin Scalia.

"The government exaggerates the difficulties" of enforcing a narrowed interpretation of money laundering, Scalia wrote in the gambling case involving an illegal lottery. Scalia drew the support of three other justices. The deciding fifth vote came in a separate opinion from a member of the liberal wing of the court, Justice John Paul Stevens. Stevens declined to go as far as Scalia did in rejecting the government's position.



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