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France Convicts 5 Ex-Guantanamo Inmates
International | 2007/12/19 01:07
A court Wednesday convicted five former inmates from the U.S. prison at Guantanamo Bay, Cuba, of having links to terrorist groups, while acquitting a sixth man.

The five were convicted of "criminal association with a terrorist enterprise," a broad charge frequently used in France. Although the court handed them one-year prison sentences, none of them will be returning behind bars.

The men all served provisional sentences upon their return to France that counted toward their new sentences. By the time the trial ended, all had been freed.

The court followed the recommendations of Prosecutor Sonya Djemni-Wagner, who said in her arguments Dec. 11 that she did not support "the Guantanamo system" and the men's "abnormal detention there."

"None of them should have been held on that base, in defiance of international law, and have had to go through what they went through," she said.

Requesting convictions and one-year sentences for the five, she said they should, however, be convicted because they used phony identity papers and visas to knowingly "integrate terrorist structures" in Afghanistan.

The men — Brahim Yadel, Khaled ben Mustafa, Nizar Sassi, Mourad Benchellali, Imad Kanouni and Ridouane Khalid — all insisted during the trial that they were innocent. Kanouni was acquitted.

The verdict had originally been expected in September 2006 but was postponed. At the time, the court said it needed to seek more information about secret interrogations of the suspects by French intelligence officers at the American base.

The suspects' lawyers had complained that the men were questioned by agents of France's DST counterintelligence service outside the framework of international law. Information about the interrogations did not surface until the trial was already under way, when the newspaper Liberation published a classified document about them.

Seven French citizens were captured in or near Afghanistan by U.S. forces in late 2001, held at Guantanamo, and then handed over to French authorities in 2004 and 2005. One was freed immediately and found to have no ties to terrorism, while the others were released later as investigations continued into their cases.

In court, the men recounted their stays in Afghanistan in 2000 and 2001 before their capture. Five of them said they had stayed in military training camps in Afghanistan, while Kanouni said his journey there was for spiritual reasons.



Death penalty revoked in N.J.
Law Center | 2007/12/18 07:34
New Jersey became the first state in decades yesterday to abolish the death penalty, giving hope to opponents of capital punishment that Maryland and other states could soon follow. But the obstacles to passing a repeal or even a moratorium in the General Assembly next month remain high. Key lawmakers concede that the legislature is as polarized over the emotionally charged issue as it was last year, when a bill seeking a repeal was defeated by one vote in a Senate committee.

Still, the news of New Jersey Gov. Jon Corzine's decision to sign the repeal bill yesterday and to commute the sentences of the state's eight death-row inmates led many to believe that the momentum in Maryland will be on the opponents' side.


Supreme Court Asked to Hear Zoloft Case
Court Watch | 2007/12/18 07:31
Attorneys have asked the U.S. Supreme Court to hear the case of a teen sentenced to 30 years in prison for killing his grandparents when he was 12, arguing that the sentence is cruel. Christopher Pittman used a shotgun to shoot his grandparents Joe and Joy Pittman, and then set fire to their home in 2001. During his trial four years later, Pittman's attorneys unsuccessfully argued the slayings were influenced by the antidepressant Zoloft - a charge the maker of the drug vigorously denied.

In the brief submitted to the high court late Monday, attorneys from the University of Texas School of Law argued that the 30-year sentence violates Christopher Pittman's Eighth Amendment protection from cruel and unusual punishment.

Such a lengthy sentence is "unconstitutionally disproportionate as applied to a 12-year-old child," according a copy of the petition provided by Juvenile Justice Foundation. It said Pittman "is the nation's only inmate serving such a harsh sentence for an offense committed at such a young age."

Zoloft is the most widely prescribed antidepressant in the United States, with 32.7 million prescriptions written in 2003. In 2004, the Food and Drug Administration ordered Zoloft and other antidepressants to carry "black box" warnings - the government's strongest warning short of a ban - about an increased risk of suicidal behavior in children.



Law firm takes blame for Open Meetings Act violation
Legal Business | 2007/12/18 05:41

A law firm took the blame Monday for two Open Meetings Act violations during a Campton Hills Electoral Board hearing that dashed one man's bid for office.

Attorney Bill Braithwaite of Arnstein & Lehr LLC said board members should not have been advised to deliberate in private at the Dec. 10 hearing. An attorney for the firm, Donna McDonald, also failed to make sure the closed-doors deliberations were recorded, he said.

"It was not a good night," Braithwaite said. "We are fully responsible."

In an effort to set the record straight, the board plans to reconvene at 6 tonight at Campton Community Center, 5N082 Old LaFox Road, for the sole purpose of deliberating in public.

Last week's hearing centered on objections to election filings of village president candidate Robert Young and village clerk contender Carolyn Higgins. It resulted in Young being kicked off the Feb. 5 ballot.

At the hearing, the board deliberated privately in a back room, upon the advice of McDonald, then returned to public session to vote.

It wasn't until resident Robert Skidmore Jr. filed a complaint Dec. 11 with the Illinois attorney general that officials acknowledged state statute prohibits electoral boards from meeting in private. Municipalities also are required to keep verbatim records of closed-doors discussions.

Skidmore also alleged that Village President Patsy Smith, who agreed to not participate in the hearing because she is running for office, went into the closed session. But Smith and other officials said that didn't happen.

Founded in 1893, Arnstein & Lehr LLC has offices in Chicago and Hoffman Estates. The firm specializes in five areas of law, including local government, according to its Web site.



S. Korean Pleads Guilty to Lying to FBI
Breaking Legal News | 2007/12/18 05:36
A South Korean man suspected of spying on North Korea for his government has pleaded guilty to charges that he repeatedly lied about his activities to the FBI.

Park Il Woo pleaded guilty in federal court on Friday to lying about his role as a South Korean agent, the U.S. attorney's office in Manhattan said. Park, who also goes by the name Steve Park, was never charged with espionage.

Prosecutors have said that Park made 50 trips to China and the Korean peninsula over the last several years and had appeared to be engaged in espionage type activities for at least five years.

Park is a South Korean citizen living in the United States. U.S. law requires anyone acting as an agent of a foreign government to register with the attorney general and disclose the nature of the activity.

An FBI agent said in court papers that Park had not registered, though he had admitted meeting with South Korean intelligence officers and agreeing to be paid to travel to North Korea to gather information for South Korea.

According to court papers, Park met with the FBI once in 2005 and twice this year, each time lying about his contacts with or knowledge of certain South Korean officials.

Park's lawyer has said her client is a law-abiding resident, and this case was an instance in which "what appears to be quite bad turns out to be much less."



American Home Could Face Class Action
Class Action | 2007/12/18 04:37

Former American Home Mortgage Investment Corp. loan officers want a bankruptcy judge to let them alert thousands of other ex-employees that they may be entitled to collect from the failed company for allegedly overworking and underpaying them.

Court papers filed late Friday ask the U.S. Bankruptcy Court in Wilmington, Del., to lift the shield that protects companies in Chapter 11 from lawsuits so American Home workers can be informed of their right to participate in a potential class-action lawsuit.

Those who left their jobs before American Home went under in August "may remain unaware that their employer engaged in illegal pay practices," say lawyers who filed the class action in California before American Home sought Chapter 11 protection.

Due to the bankruptcy filing, lawyers for American Home's suing loan officers need court approval to send out notices about the lawsuit, which was filed with the U.S. District Court for the Northern District of California. They also need bankruptcy court approval to seek certification of class-action status for the case.

Officials of the liquidating Melville, N.Y.-based company weren't available to comment Monday.

Time could be running out for those entitled to join in the lawsuit, as a Jan. 11, 2008, claims-filing deadline looms in American Home's Chapter 11 case, according to the employee lawyers.

Plans are to file a proof of claim in the bankruptcy case on behalf of employees involved in the class action, which began in June. But if employees don't know about the class action and don't sign up, they won't be included in the bankruptcy claim.

The California class action alleges violations of federal labor law and state wage and hour laws for California, New York, Illinois, Wisconsin, Colorado, New Jersey and Washington.

Long hours without overtime were an occupational hazard for loan officers in the heyday of home lending, if the lawsuits filed against mortgage companies are any indication.

New Century Financial Corp. of Irvine, Calif., and Atlanta's HomeBanc Mortgage Co., both of which filed bankruptcy this year, also have been accused in court of violating overtime pay laws.

"What they do is hire a bunch of people and tell them you must work 60, 70, 80 hours a week and they think because these people are paid on commission basis that they are exempt from the Fair Labor Standards Act," said Marshall A. Adams, whose Ft. Lauderdale, Fla.-based firm Adams, Cassidy and Piccolo is handling the HomeBanc litigation.



Hughes & Luce merges with international law firm
Legal Business | 2007/12/18 03:40

Texas law firm Hughes & Luce LLP will merge with international law firm Kirkpatrick & Lockhart Preston Gates Ellis LLP.

Partners at both firms today voted to merge the two firms, creating a law firm of more than 1,500 lawyers in 23 offices located throughout the U.S., Europe and Asia. Dallas-based Hughes and Luce has 150 lawyers across its offices in Austin, Dallas and Fort Worth.

The merger will be effective Jan. 1, 2008.

"Partners of both firms believe that K&L Gates will serve Texas businesses as a legal bridge to the globalized economy of the 21st century, just as it has in other parts of the United States, Europe and Asia," says Peter Kalis, K&L Gates' chairman and global managing partner and Edward Coultas, Hughes & Luce's managing partner.

The combined full-service firm will be called Kirkpatrick & Lockhart Preston Gates Ellis LLP and will have offices in Anchorage, Austin, Beijing, Berlin, Boston, Dallas, Fort Worth, Harrisburg, Hong Kong, London, Los Angeles, Miami, Newark, New York, Orange County, Palo Alto, Pittsburgh, Portland, San Francisco, Seattle, Spokane/Coeur d'Alene, Taipei and Washington, D.C.



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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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