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Legal news from Thursday, December 30, 2004




Putin signs Russian calendar overhaul scrapping Soviet October revolution holiday
Bernard Hibbitts on December 30, 2004 7:19 PM ET

[JURIST] In a symbolic break with the Soviet past, Russian President Vladimir Putin Thursday signed a new law scrapping the old October revolution holiday in November as a day off work, redesignating it a Day of Military Glory commemorating the November 7, 1941 military parade in Moscow's Red Square. The bill also extends the New Year holidays, cancels as official days off Constitution Day on December 12 and the national day off on May 2 following May Day, also a popular Societ holiday. It adds National Unity Day as a new public holiday to be celebrated on November 4, the anniversary of Moscow’s liberation from Polish occupation in 1612. Holidays remaining unchanged are the Russian Orthodox Christmas on January 7, Defenders of the Fatherland Day on February 23, International Women's Day on March 8, the Holiday of Spring and Labor, or May Day, on May 1, Victory Day on May 9 and Russia Day on June 12. The Russian Presidency has a press release here; Prime-Tass has more.






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Possible settlement in DOJ case against HealthSouth
Jen Nolan on December 30, 2004 3:39 PM ET

[JURIST] HealthSouth and the US Department of Justice have reportedly reached a settlement agreement in the wake of allegations the company filed false Medicare reports with the US government, costing tax payers $2.7 billion. The settlement, worth $325 million, will help the company regain investor confidence. In addition to filing false Medicare claims, HealthSouth was charged with falsifying financial reports in March of 2003 by the US Securities and Exchange Commission. According to HealthSouth's Chief Financial Officer John Workman the company is still in the process of restating earnings during the period of 2000-2003. Bloomberg has more.






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Massachusetts appeals court invalidates prenuptial agreement
Jen Nolan on December 30, 2004 2:04 PM ET

[JURIST] In a departure from established law, the Massachusetts State Appellate Court has ruled a prenuptial agreement signed by a woman prior to marrying was invalid. The court held it was unreasonable to expect a woman to raise children and maintain a household without the expectation of future compensation, regardless of the status of the marital union. The husband will appeal the decision citing a Massachusetts Supreme Judicial Court case, DeMatteo v. DeMatteo, where the court upheld all prenuptial agreements except in situations of extreme hardship. The Boston Herald has more.






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BREAKING NEWS ~ Ukraine high court rejects all legal appeals against election by PM Yanukovych
Gretchen E. Moore on December 30, 2004 10:32 AM ET

[JURIST] AP is reporting that Ukraine's Supreme Court has rejected all appeals by Prime Minister Viktor Yanukovych against Sunday's presidential revote, won by opposition leader Viktor Yushchenko. CTV News has more.






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Lawlessness in stricken Aceh region deepens Indonesian tsunami crisis
Bernard Hibbitts on December 30, 2004 10:01 AM ET

[JURIST] As the reported death toll in Indonesia alone exceeded 79,000 Thursday in the aftermath of the tsunami that hit South Asia Sunday, causing more than 120,000 deaths, lawlessness has become a problem in the northern Indonesian region of Aceh, hardest hit by the disaster which originated in an undersea earthquake just 93 kilometers to the west. With military and police tied up in the relief efforts, looting has broken out, undertaken by both criminal elements and homeless survivors urgently seeking food. An arson attack on a Methodist church has also been reported. Aceh was already the scene of largely-religious civil strife between fundamentalist muslims and the secular Indonesian authorities before the tsunamai and was under a military government; the long-term effect of the tsunami on the ongoing political problems in the area is as yet unclear. AFP has more.






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Taiwan high court rejects second challenge to presidential election
Gretchen E. Moore on December 30, 2004 9:52 AM ET

[JURIST] Taiwan's High Court Thursday rejected a second lawsuit filed by the opposition Nationalist Party to nullify the March 20 presidential poll and upheld President Chen Shui-bian's narrow re-election victory. The first lawsuit was dismissed in November after an extensive investigation and a ballot recount, which affirmed the .2 percent margin in favor of Chen. The Nationalist Party claimed several election irregularities, such as misplaced ballots and the timing of a referendum vote at the same time as the presidential poll. It also claimed that the Central Election Commission should have halted voting after Chen and Vice President Annette Lu were injured in an election-eve shooting, which they claim was staged to win "sympathy votes." Reuters has more. JURIST provides background reports here.






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New trial nixed in Schiavo right-to-die case
Gretchen E. Moore on December 30, 2004 9:34 AM ET

[JURIST] The Florida 2nd District Court of Appeal Wednesday denied a request from the parents of Terri Schiavo for a new trial in her long-running right-to-die case. Once the court issues a formal decision within two weeks, Schiavo's husband will be able to order the removal of a feeding tube that has kept his wife alive for over 14 years. Schiavo's parents argued for a new trial based on the Pope's recent statements regarding the rights of people in vegetative states. Earlier, Florida governor Jeb Bush requested that the US Supreme Court intervene in the case and lawyers for Terri's parents filed a friend of the court brief on Wednesday in support of the Governor's request. AP has more. JURIST's Paper Chase has continuing coverage of the Terri Schiavo case.






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Arkansas judge rules ban on gay foster parents unconstitutional
Gretchen E. Moore on December 30, 2004 9:09 AM ET

[JURIST] Arkansas Circuit Judge Timothy Fox Wednesday declared that a state ban on placing foster children in a household with a gay member was unconstitutional. The Arkansas chapter of the ACLU brought the case, challenging a 1999 regulation that stated that gays cannot become foster parents, and foster children cannot be placed in any home with a gay household member. The judge found that the regulation did not accomplish the goal of the state Child Welfare Agency Review Board, which is to promote health, safety, and welfare of the child. Instead, he concluded that the regulation sought to regulate public morality, which was outside the boundaries of the agency. Read the decision here. AP has more. The ACLU offers additional material.






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