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Legal news from Thursday, December 16, 2004 |
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Bush calls for Congress to limit lawsuits
Bernard Hibbitts on December 16, 2004 10:47 AM ET

[JURIST] Speaking at a White House economic forum Wednesday, President Bush called on the new Congress to pass what he called "meaningful liability reform" on asbestos, on class action, and medical liability by curbing lawsuits in these areas which said had inhibited economic and job growth: ...the cost of frivolous lawsuits, in some cases, make it prohibitively expensive for a small business to stay in business or for a doctor to practice medicine -- in which case, it means the health care costs of a job provider or job creator has escalated, or is escalating. [In the campaign] I talked about the competitive advantage that we must have in America if we expect jobs to stay here. The cost of lawsuits, relative to countries that we compete against, are high. In other words, the cost of litigation in America makes it more difficult for us to compete with nations in Europe, for example. Previous Republican efforts at limiting lawsuits have failed, generally in the Senate, but the administration appears hopeful that under the pressure of a broader Republican mandate Democrats will be less willing and able to stall the requisite legislation. The White House has the full text of the President's remarks. Reuters has more.


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UK high court rules against indefinite detention of foreign terror suspects without charge
Bernard Hibbitts on December 16, 2004 8:49 AM ET

[JURIST] In the landmark ruling Thursday, an extraordinary nine-judge panel of the UK House of Lords, Britain's highest court, held that the indefinite detention of foreign terror suspects without charge by the British government was contrary to the European Convention on Human Rights, incorporated into domestic law by the UK Human Rights Act. Reversing a Court of Appeals ruling on the question, Lord Nicholls wrote, "Indefinite imprisonment without charge or trial is anathema in any country which observes the rule of law." Lord Hoffman observed that "The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these." The ruling sets aside section 23 of the Antiterrorism, Crime & Security Act of 2001, the British anti-terror law adopted after 9/11 that had authorized the detentions, and will require the government to act on the cases of those foreign detainees now held. UK citizens are notably not subject to the challenged law, a fact that several law lords cited as problematic and discriminatory. Read the full text of the House of Lords judgment here [PDF]. BBC News has more.


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