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Judge: No forced treatment for Ohio convert
Law Center | 2010/08/04 08:46

A state juvenile court judge on Tuesday rejected the request of a Christian convert's Muslim parents to order their daughter to continue chemotherapy for uterine cancer.

The request from the parents of Rifqa Bary does not meet the legal requirement of a medical emergency needing immediate treatment, Franklin County Juvenile Court Magistrate Mary Goodrich said during a hearing.

Goodrich made the ruling at the beginning of what's expected to be the final court appearances by Bary, who remains in foster care in state custody until she turns 18 next week.

Bary wants Goodrich to determine that reconciliation with her parents is impossible. The stakes are higher than a family reunion. If the judge agrees with Rifqa Bary, an undocumented immigrant from Sri Lanka, the girl could also receive a special status allowing her to stay in the country.

Bary underwent successful cancer surgery in May and then was scheduled for 45 weeks of chemotherapy , which would give her an "80 to 90 percent chance" she'd be fine, Omar Tarazi, an attorney for Bary's parents, told the judge.

Instead, Bary stopped the chemotherapy after two or three rounds, deciding she'd been healed, Tarazi said. In a court filing last week, the girl's parents claimed she stopped after visiting a faith healer.



Ginsburg: OK to look to foreign law for good ideas
Law Center | 2010/08/02 08:57

Supreme Court Justice Ruth Bader Ginsburg says judges can look to foreign law for good ideas without diminishing their ability to apply U.S. law faithfully.

Ginsburg told a meeting of international lawyers Friday that American judges can learn from their foreign counterparts when seeking solutions to "trying questions."

Ginsburg said high court nominee Elena Kagan got it right when she told senators at her confirmation hearing that she was in favor of good ideas "wherever you can get them."

Ginsburg acknowledged that other justices, including Antonin Scalia, are sharp critics of the use of foreign law in Supreme Court decisions. Still, she predicted the high court will continue to look to courts in other democracies for occasional help.



NY suit seeks $30 million in Madoff family money
Law Center | 2010/07/30 06:10

The court-appointed trustee seeking to recover billions of dollars lost by jailed financier Bernard Madoff sued three entities Thursday to get back more than $30 million that he said the Madoff family had invested, mostly in oil and gas properties and technology companies.

The three lawsuits filed in U.S. Bankruptcy Court in Manhattan by Irving Picard are a follow-up to a lawsuit he filed in November seeking nearly $200 million from family members who he said lived lavishly while using the family finance business like a "piggy bank."

Picard wrote sarcastically in the latest lawsuits that Madoff was "quite generous" with the money he stole from thousands of customers in history's largest Ponzi scheme.

"Foremost among the recipients of Madoff's gifts of customer funds were his closest family members, including his wife Ruth Madoff, his brother Peter, his two sons Andrew and Mark and his niece Shana," Picard said.

"With respect to Mark and Andrew, the lawsuits are without merit, both factually and legally," said Martin Flumenbaum, a lawyer for Madoff's sons.



Texas, feds wait turns in polygamist leader cases
Law Center | 2010/07/29 08:42

A Utah Supreme Court decision that overturns polygamous church leader Warren Jeffs' 2007 criminal conviction won't automatically make him a free man. Even if Utah doesn't retry him, Texas and federal prosecutors are waiting to move forward with their own cases.

Justices on Tuesday unanimously said Jeffs should get a new trial because state attorneys overreached in their argument that performing the marriage of a 14-year-old girl to her 19-year-old cousin amounted to facilitating a rape.

Utah officials now have two weeks to seek a rehearing before the state's high court and then a month to decide if they'll retry the 54-year-old head of the Fundamentalist Church of Jesus Christ of Latter Day Saints on charges of first-degree felony rape as an accomplice.

A judge Wednesday set an Aug. 18 date for a hearing on a motion from Jeffs' defense attorneys seeking a "speedy trial before a jury of his peers."

Meanwhile, authorities in Texas are trying to get Jeffs sent there to face charges in connection with his own alleged marriages to underage girls in 2005. A federal indictment stemming from Jeffs' stint as a fugitive on the FBI's Ten Most Wanted list is also pending.



Federal court reverses TVA emissions ruling
Law Center | 2010/07/27 02:49

A federal appeals court in Virginia has reversed a judge's ruling requiring the nation's largest public utility to promptly install upgraded emission controls at four coal-fired power plants.

Three of the Tennessee Valley Authority plants are in Tennessee, and the other is in Alabama.

U.S. District Judge Lacy Thornburg had ordered the accelerated cleanup at the TVA plants, ruling that emissions affecting air quality in North Carolina's scenic western mountains were a "public nuisance."

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond overturned that ruling Monday. Appeals court Judge J. Harvie Wilkinson III wrote that allowing the ruling to stand would undermine the nation's carefully created regulatory scheme.



Alaska pair pleads guilty to lying about hit list
Law Center | 2010/07/23 02:43

A National Weather Service employee and his British-born wife pleaded guilty Wednesday to domestic terrorism charges of lying to the FBI about a hit list of possible targets who the couple suspected were enemies of Islam.

Paul Rockwood Jr. and his wife, Nadia Rockwood, of King Salmon, Alaska, were charged with lying about the list and making false statements about domestic terrorism during interviews with FBI agents in May.

The FBI alleged that the list had about 15 targets. Its contents were not made public, but officials said none of those targeted lived in Alaska.

Under a plea deal, Paul Rockwood, 35, who worked as a meteorological technician for the weather service, will get eight years in prison, the maximum allowed. His 36-year-old wife, who is five months pregnant, will be allowed to return to the United Kingdom and serve five years of probation there.



Madoff trustee seeks $3.6 billion from funds
Law Center | 2010/07/22 04:37

The court-appointed trustee hunting for money to pay investors who lost billions of dollars in Bernard Madoff's Ponzi scheme has sued more than two dozen entities related to a New York-based hedge fund.

Trustee Irving Picard filed papers in U.S. Bankruptcy Court in Manhattan late Tuesday to recover $3.6 billion that he said can be traced to the Fairfield Greenwich Group, two dozen affiliates and its founding partners.

The filing added numerous defendants to a lawsuit that earlier named three Fairfield Greenwich funds.

Fairfield Greenwich in a statement said Picard's filing was filled with "false, misleading and rehashed accusations."



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