Legal news from Tuesday, November 8, 2011
13:11 EDT

[JURIST] Two former Bernard Madoff [JURIST news archive] investors filed a proposed class-action lawsuit against JP Morgan Chase & Co (JPMC) [corporate website] Monday seeking recovery of $19 billion for allegedly aiding Madoff in orchestrating his Ponzi scheme. The suit, filed in the US District Court for the Southern District [read more]

12:11 EDT

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases on Tuesday. In US v. Jones [transcript, PDF; JURIST report], the court will decide whether the government's warrantless use of a global positioning systems (GPS) [JURIST news archive] tracking device on respondent's vehicle to [read more]

11:11 EDT

[JURIST] A UK court ruled [judgment text] Tuesday that Catholic priests qualify as employees, meaning that the Catholic church could be held liable for sexual abuse by clergy members [JURIST news archive]. A 47-year-old woman filed suit against the Portsmouth Roman Catholic Diocesan Trust [church website] claiming that she was [read more]

11:11 EDT

[JURIST] The UN-backed Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Monday ruled that Ieng Sary [ECCC profile], former deputy foreign minister of the Khmer Rouge regime [BBC backgrounder; JURIST news archive] is not protected from genocide charges by a 15-year-old royal pardon and amnesty. The court [read more]

11:11 EDT

[JURIST] The Office of the High Commissioner for Human Rights (OHCHR) [official website] announced Tuesday that the death toll of Syrian protesters has exceeded 3,500 [press release] despite last week's signing of a peace plan sponsored by the League of Arab States [official website, in Arabic]. In the past week [read more]

11:11 EDT

[JURIST] A judge for the US District Court for the Southern District of Ohio [official website] on Tuesday refused to dismiss a lawsuit against a former Somali military colonel. The defendant, Abdi Aden Magan, who now lives in Ohio, is charged with torture in connection with actions that allegedly occurred [read more]

11:11 EDT

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously Tuesday in Greene v. Fisher [SCOTUSblog backgrounder; JURIST report] that, for purposes of the Antiterrorism and Effective Death Penalty Act (AEDPA), "clearly established federal law" is limited to Supreme Court decisions "as of the time of the relevant state-court [read more]

10:11 EDT

[JURIST] The Institute for Justice and Democracy in Haiti (IJDH) [advocacy website] announced Tuesday that more than 5,000 Haitian cholera victims are seeking damages [press release] from the UN and the UN Stabilization Mission in Haiti (MINUSTAH) [official website] for its role in the introduction of the cholera virus into [read more]

10:11 EDT

[JURIST] The US Department of Defense [official website] on Monday released a guidebook [text, PDF] detailing the procedures to be followed in military commissions [JURIST news archive]. Changes to procedures introduced by the regulations include a provision that allows the judge in a military trial to approve the costs of [read more]

10:11 EDT

[JURIST] The Australian Senate [official website] voted 36-32 Tuesday to approve legislation [materials] that will impose a price on carbon emissions in an effort to improve the environment and the country's economy. The new law will put a fixed rate of A$23 per ton on carbon units with limits on [read more]

10:11 EDT

[JURIST] A senior judge for the US District Court for the Southern District of Florida [official website] on Monday gave final approval to a $410 million settlement in the class action suit against Bank of America (BOA) [corporate website] for overdraft fees that affected more than 13 million people. Judge [read more]

10:11 EDT

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Monday decided [opinion, PDF] to revisit a case to determine whether a California law declaring Armenian genocide in Turkey conflicts with US foreign policy. At issue is California Civil Procedure Code § 354.4 [text], which recognizes the [read more]

09:11 EDT

[JURIST] The Texas Court of Criminal Appeals [official website] on Monday stayed the execution [order, PDF] of convicted murderer Henry "Hank" Skinner [advocacy website] in order to review changes to a state law that may permit DNA testing in relation to his case. Skinner, who was convicted in 1995 of [read more]

07:11 EDT

[JURIST] A Georgia law [§16-5-5 text] intended to combat assisted suicide [JURIST news archive] actually infringes on First Amendment [text] rights, defense lawyers argued to the Supreme Court of Georgia [official website] on Monday. The law makes it a felony for someone who "publicly advertises, offers or holds himself or [read more]

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