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Legal news from Monday, July 2, 2012 |
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Google offers to settle EU antitrust claims
Sung Un Kim on July 2, 2012 4:00 PM ET

[JURIST] Google [corporate website; JURIST news archive] on Monday offered to settle antitrust claims by the European Competition Commission (ECC) [official website]. The company's executive chairman, Eric Schmidt [Forbes profile], sent a letter [NYT report] to ECC Joaquin Almunia [official website] addressing four areas of concerns the ECC pointed out in May, including that the company unfairly abused its Internet search dominance in order to promote its own businesses at the expense of other competitors by displaying more of its own products rather than a variety of other non-Google services. Google's offer to settle was made to avoid significant fines which could amount up to 10 percent of the company's annual revenue. The company may also escape judgments that would require it to change its way of doing business, significantly limiting its presence in the European market.
Google has faced numerous lawsuits related to its products and services. In June the company reached a settlement [JURIST report] with a group of French authors to end a lawsuit challenging its book-scanning initiative [Google Books search website], which displayed scanned images of select pages of books. A few days earlier, the Supreme Court of Switzerland [official website, in German] ruled [JURIST report] partially for Google in a case over privacy violations through its Street View service, holding that the company is not compelled to completely blur all faces and license plates but should do so manually if someone files a complaint. In March of last year, a Berlin high court ruled [JURIST report] for Google holding that the company's controversial service is legal in Germany. On the other side, the French National Commission of Information Technology and Liberty (CNIL) [official website, in French] fined [JURIST report] Google 100,000 euros (USD $141,300) for violating the country's data privacy laws.


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UN releases leaked report on Rwanda aid to DRC armed forces
Sung Un Kim on July 2, 2012 3:41 PM ET

[JURIST] The UN on Monday released a report [text, PDF] alleging that the Rwandan government has helped to create armed groups in the Democratic Republic of the Congo (DRC) [BBC backgrounder; JURIST news archive] and supplied them with weapons, armor and recruits including children. The group of Experts on the DRC for the UN Security council [official website] found that Rwanda has provided material and financial support to armed groups including M23, which has been conducting a mutiny in North Kivu Province under the leadership of a particularly notorious group of human rights violators. The report was based on investigations since late 2011 that revealed substantial evidence of the alleged assistance by the Rwandan government including the systematic military and political support to M23. The group of experts recommended that the Security Council Committee condemn the recruitment of any children by armed groups and adopt measures to sanction the individuals responsible for it. In addition, the group called on the international community that receives natural resources from the DRC to support demilitarization in the country's mining sectors.
The report was leaked to the media in late June. Foreign Policy [Foreign Policy report] magazine revealed information [JURIST report] about the report last week, causing the Rwandan government to reject the allegations. Earlier in June, Rwanda was urged to stop [JURIST report] assisting accused DRC war criminal, General Bosco Ntaganda [case materials], who is wanted by the International Criminal Court (ICC) [official website]. In 2010, a UN report claimed [JURIST report] that troops from Rwanda had committed crimes in the DRC that could amount to genocide. The unrest in the eastern part of the DRC has been the focus of the international community. Last week, UN High Commissioner for Human Rights Navi Pillay [official profile] expressed concern [press release; JURIST report] about the safety of the civilians in the region. Last month, former ICC prosecutor Luis Moreno-Ocampo [official website] sought [JURIST report] the immediate arrest of Ntaganda along with Sylvestre Mudacumura [ICC fact sheet, PDF], a foreign militia leader in the DRC.


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US Bancorp agrees to settlement on overdraft fees
Rebecca DiLeonardo on July 2, 2012 3:18 PM ET

[JURIST] US Bancorp [corporate website], one of the 10 largest banks in the US, on Monday announced that they have agreed to a $55 million settlement to resolve lawsuits by customers who sued over excessive overdraft fees. The settlement is part of ongoing national litigation challenging the overdraft practices of 35 banks [Reuters report]. The agreement is subject to approval by Judge James Lawrence King of the US District court for the Southern District of Florida [official website]. A similar settlement, reached by PNC Financial Services [corporate website] last week for $90 million, is also pending approval from King. If approved, Bancorp and PNC will join Bank of America (BOA) and JPMorgan Chase & Co (JPMC) [corporate websites] in settling overdraft lawsuits.
Overdraft fees have been the subject of copious litigation recently. In May King approved a settlement in an overdraft case for JPMC requiring the company to pay $110 million to customers [JURIST report] in order to resolve the litigation. In November King approved a settlement [JURIST report] in a class action suit against BOA for excessive overdraft fees. The settlement called for BOA to pay $410 million to 13.2 million people who had BOA debit cards between 2001 and 2011. BOA was among more than two dozen US, Canadian and European lenders named as defendants in the class action lawsuit, which consolidated claims across the country in 2009. In their amended complaint [text, PDF], the plaintiffs claimed that BOA's practices were deceptive in that they did not reasonably notify customers that they had the option of opting out of the overdraft scheme and declining transactions. In November 2009, the UK Supreme Court [official website] ruled [JURIST report] that the British government could not challenge the fairness of bank overdraft fees as a matter of law.


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ICRC calls for international arms treaty
Rebecca DiLeonardo on July 2, 2012 2:46 PM ET

[JURIST] The International Committee of the Red Cross (ICRC) [official website] on Sunday said [press release] that an effective international arms treaty would save lives and aid in the enforcement of international law. The statement by the ICRC was made in anticipation of the UN Conference on the Arms Trade Treaty [official website], which is being held in New York from July 2-27. Participants are expected to negotiate a treaty obligating international governments to take some responsibility for distribution of weapons within their borders. In its statement, ICRC said it would encourage a treaty that banned the distribution of weapons that would likely be used to violate international or humanitarian law. The committee stressed the importance of adopting a strong and effective treaty: Through its work to assist and protect victims during and after armed conflicts, the ICRC is witness to the human cost of the widespread availability and misuse of conventional weapons. By conventional weapons, we mean all weapons that are not nuclear, biological or chemical. We are convinced that an effective Arms Trade Treaty would save lives, facilitate the delivery of humanitarian and medical assistance, and strengthen compliance with international humanitarian law. The arms trade treaty conference will be attended by representatives from 193 member states of the UN, as well as representatives from non-government organizations, and members of the arms industry.
International arms distribution continues to trouble governments and rights groups. In June, Amnesty International called for an end to the supply of arms [JURIST report] to groups in the Democratic Republic of Congo (DRC) after a report highlighted the flaws in Congolese security, which AI says leads to the availability and misuse of weapons and ammunition. In April, Russian arms dealer Viktor Bout [BBC profile; JURIST news archive] was sentenced in a US court to 25 years imprisonment [JURIST report]. Bout was convicted in November [JURIST report] on four counts of conspiracy for his proposed sale of anti-aircraft missiles to drug enforcement informants posing as potential buyers for a designated foreign terrorist organization.


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Italy authorities threaten Apple with fine, 30-day closure
Sung Un Kim on July 2, 2012 2:41 PM ET

[JURIST] The Italian Competition Authority (AGCM) [official website, in Italian] announced [text, PDF, in Italian] Monday that it may shut down Apple [corporate website] operations in Italy for 30 days and fined the company up to 300,000 euros (USD $377,500) for unfair commercial practices. The authority claims that Apple misled customers by not advising them of their legal right to a free two-year warranty, required under Italian law. Instead, Apple marketed its AppleCare Protection Plan, a paid service. Apple was already fined [press release] 900,000 euros ($1.1 million) in December for unfair commercial practices after an investigation that revealed the same violations related to the free two-year service. However, since Apple had failed to comply with the antitrust ruling, AGCM decided to take further steps to force the US-based company to change its policy.
This is not the first time Apple has been fined for unfair marketing practices. In June, Apple was fined [JURIST report] 2.25 million Australian dollars (USD $2.29 million) by an Australian federal court for its misleading marketing and advertising of iPad tablets. Apple advertised its tablets as "iPad with WiFi + 4G" misleading customers to believe that the new iPads were compatible with the 4G Long Term Evolution (LTE) mobile data network that was launched by Telstra Corporation Limited [corporate website] in September 2011 when in fact they were not. Apple knew that its product was not able to utilize the 4G network but ignored the warning by continuing the misleading advertising for two additional months. During the same month, a US federal court ruled [JURIST report] that Apple must defend against lawsuits filed by the company's customers under two California consumer protection laws. Plaintiffs were allowed to pursue claims that Apple caused them to overpay for their devices.


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Rights group condemns Moldova chemical castration law
Sung Un Kim on July 2, 2012 2:05 PM ET

[JURIST] Amnesty International Moldova (AI) [advocacy website, in Romanian] on Monday urged [press release, in Romanian] the Center for Human Rights of Moldova [official website] to assess the constitutionality of a new law that allows chemical castration of anyone found guilty of violent pedophilia. The new law, which took effect on Sunday, was unanimously introduced and passed [BBC report] by the nation's parliament in March but vetoed [Huffington Post report] by Moldovan President Nicolae Timofti [BBC profile] who argued that the bill was in violation of fundamental human rights. In May, however, the parliament again voted to approve [AllMoldova report] the bill and overcome the presidential veto. The Council of Europe (COE) [official website] has echoed AI's criticism of the law.
Castration laws against sexual offenders have been criticized. In February, the COE's Committee for the Prevention of Torture and Inhuman or Degrading Punishment (CPT) [official website] released [JURIST report] a report [text] calling for an end to castration procedures as punishment of sexual offenders. The particular focus was on Germany's castration law, which the COE alleged was against international standards. During the same month, the Russian government approved a bill that would impose stricter punishment on sexual offenders, permitting them to submit voluntarily to chemical castration after it was first introduced and considered [JURIST reports] a year earlier. In July 2011, the South Korea Ministry of Justice [official website] enacted [JURIST report] a law allowing the use of chemical castration on sex offenders convicted of attacking children under the age of 16 years old.


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UN official calls on Turkey, EU to respect rights of migrants
Rebecca DiLeonardo on July 2, 2012 1:55 PM ET

[JURIST] The UN Special Rapporteur on the human rights of migrants, Francois Crepeau [official profile] on Monday called on the government of Turkey and authorities in the European Union (EU) to respect the rights of migrants [statement; press release] in the continent. Crepeau acknowledged the need for governments to ensure border security but stressed that the need for secure borders must not outweigh the human rights of irregular migrants. He praised the Turkish government for accepting Syrian refugees and providing them with adequate living conditions but expressed concern that other migrants were arrested or turned away. Crepeau urged the government of Turkey to stop detaining migrants for entering the country, noting the importance of Turkey as a passage to Europe:Turkey is one of the key bridges to Europe. Its unique geographical location positions it as a hub for migrants from all over the world including Sub-Saharan and North Africa, the Middle East, and Asia. Many of those migrants are in an irregular situation and some are transiting through Turkey with the wish to enter the EU. ... While the EU and Turkey have developed a close cooperation on migration issues, which has led to some notable positive developments, the assistance offered to Turkey regarding migration management appears to focus largely on securitising the borders and decreasing irregular migration to the European common territory through focusing on projects related to the detention and removal of migrants in Turkey and the increased monitoring of the Turkish border. The special rapporteur noted that international pressure to prevent an influx of migrants in Europe has led to stricter policies in Turkey and called on EU governments to consider measures to share the responsibility of protecting human rights conditions with Turkish authorities.
Laws and policies governing the treatment of migrants continue to raise international human rights concerns. Last month, Amnesty International (AI) said the Cyprus government's practice of detaining all illegal migrants seeking asylum in the island nation violates international law [JURIST report]. In January, the Israeli Knesset passed a bill that imposes harsher penalties on illegal migrants [JURIST report] in Israel, as well as on Israelis who help illegal migrants. AI criticized the bill as a violation of human rights. Last March, AI released a report documenting discrimination and human rights violations against Roma migrants [JURIST report] in Slovenia and urging the Slovenian government to protect Roma communities. In September 2010, the Global Migration Group (GMG) adopted a statement urging all governments to respect the human rights of migrants [JURIST report], who are more likely to face various forms of abuse as they lack proper legal status. The GMG stressed that every person, regardless of migration status, should enjoy the fundamental rights to life, liberty and all fundamental human rights.


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GlaxoSmithKline settles health care fraud case for $3 billion
Rebecca DiLeonardo on July 2, 2012 1:20 PM ET

[JURIST] The US Department of Justice (DOJ) [official website] and British pharmaceutical giant GlaxoSmithKline (GSK) [corporate website] on Monday announced [DOJ press release; GSK press release] that they had reached a $3 billion settlement in a series of criminal and civil healthcare fraud cases against the drug company. As part of the agreement, GSK pleaded guilty to three misdemeanor charges for promoting drugs for purposes not approved by the Food and Drug Administration (FDA) [official website], including promoting the anti-depressant Wellbutrin for weight loss, sexual dysfunction and use by children under age 18. The $3 billion settlement, which includes $1 billion in criminal fines and $2 billion in civil settlements, is the largest health care fraud settlement in US history. In a statement, GSK CEO Sir Andrew Witty said:Today brings to resolution difficult, long-standing matters for GSK. Whilst these originate in a different era for the company, they cannot and will not be ignored. On behalf of GSK, I want to express our regret and reiterate that we have learnt from the mistakes that were made. We are deeply committed to doing everything we can to live up to and exceed the expectations of those we work with and serve...In the US, we have taken action at all levels in the company. We have fundamentally changed our procedures for compliance, marketing and selling. When necessary, we have removed employees who have engaged in misconduct. The DOJ said that the settlement also involves an agreement by GSK to strict government oversight of operations.
GSK has faced charges of misconduct from the US government in the past. In 2010, GSK and its subsidiary SB Pharmco Puerto Rico Inc., agreed to plead guilty [JURIST report] to civil and criminal charges relating to the manufacture and distribution of adulterated drugs in the US, paying a total of $750 million as part of the settlement. The charges stemmed from a false-claim lawsuit filed in 2004 in the US District Court for the District of Massachusetts [official website] by Cheryl Eckard, the company's former quality assurance manager, after her visit to its now-closed manufacturing facility in Cidra, Puerto Rico. In her complaint [text, PDF], Eckard alleged that the false claims made by GSK "arose out of chronic, serious deficiencies in the quality assurance function at the Cidra plant and the defendant's ongoing serious violations of the laws and regulations designed to ensure the fitness of drug products for use." As a result of pleading guilty to the civil charges, GSK paid $600 million to the states and the federal government and an additional criminal fine of $150 million. At the time, the settlement was the fourth largest in US history.


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Germany top court to hear claims against fiscal pacts
Sung Un Kim on July 2, 2012 1:13 PM ET

[JURIST] The Constitutional Court of Germany [official website, in German] on Monday announced [press release, in German] that it will hear a claim brought in opposition to the 500 billion euro (USD $632 billion) European Stability Mechanism (ESM) [text, PDF] and the fiscal pact. The main opponent of the agreements is the leftist party Die Linke [party website] which asked the court to consider whether the ESM and the fiscal pact are in compliance with German law. The court set the hearing date for next Tuesday. With the announcement, the court also advised German President Joachim Gauck [BBC profile] to hold off on signing the legislation until the claim is reviewed and decided. If the court rules in favor of the Bundestag [official website, in German], the national parliament, the government would be able to proceed with the agreements as planned, but, if the court issues an injunction on the two pacts, it would delay the procedures by months.
In June, the same court ruled [JURIST report] that the Bundestag has the right to be heard on the European financial crisis. In the case initiated by the Green party, the court held that Chancellor Angela Merkel failed to notify the parliament early enough about plans for the ESM from its sister party in Austria. Although that decision did not have any effect on the 500 billion euro ESM, it increased the parliament's rights by requiring the chancellor's government to provide notice to the parliament as early as possible in the future. A previous ruling that gave the parliament similar rights over matter concerning the EU was issued in February. The country's constitutional court held [JURIST report] that the use of a parliamentary subcommittee to fast-track decisions related to eurozone bailouts is unconstitutional. Rather, it required the entire Bundestag to overview such decisions. In September, the same court ruled [JURIST report] that the parliament did not unconstitutionally impair its own ability to adopt and control the nation's budget, nor did it infringe on the budget autonomy of future parliaments.


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Apple wins another preliminary injunction against Samsung
Sung Un Kim on July 2, 2012 12:22 PM ET

[JURIST] A federal judge on Friday issued an injunction [order, PDF] against Samsung Electronics [corporate website] to stop the sale of its Galaxy Nexus smartphone in the US. Judge Lucy Koh for the US District Court for the Northern District of California [official website] found that Apple [corporate website] is likely to succeed on the merits in the litigation and would likely suffer irreparable harm if Samsung's sale of its smartphone is not stopped immediately. She ordered the sale to stop until the case is reviewed, which is expected to be completed in 2014. Apple alleged that Samsung infringed four of its patents, including a feature called "Siri" found in its iPhone 4S that allows consumers to search across sources using a single interface. With the preliminary injunction, the judge ordered Apple to post a $96 million bond for the possibility that it does not prevail and the injunction is deemed to be wrongly issued. On the same day, the judge granted in part and denied in part [order, PDF] Apple's Motion for Partial Summary Judgment related to the patent infringement of the tablet computer. On Saturday denied in whole [order, PDF] Samsung's Motion for Summary Judgment.
Apple and Samsung have been in continued litigation against each other alleging patent infringements. Last week, Koh already granted [JURIST report] an injunction against Samsung blocking the sale of its Galaxy 10.1 tablet computer while the patent infringement case is reviewed. This was a complete turn from her earlier decision rejecting Apple's request for an injunction reasoning that the district court does not have jurisdiction to grant Apple's motion for preliminary injunction and ban Samsung's products because Samsung had appealed the decision [opinion, PDF] of the Court of Appeals for the Federal Circuit (CAFC) [official website]. The CAFC had rejected [Bloomberg report; CAFC notice] Samsung's appeal of the decision that remanded the case to the district court giving Apple another opportunity to ban Samsung's Galaxy products in the states after it partially reversed [JURIST report] the district court's refusal to grant a temporary injunction for Apple against Samsung. Apple's request for a temporary injunction was denied [JURIST report] by the district court in December. Apple filed a suit [JURIST report] against Samsung in April of last year alleging that Samsung committed ten patent infringements, two trademark violations and two trade dress violations by copying iPhone and iPad technology in making its "Galaxy" products.


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North Carolina governor vetoes bill to allow fracking
Rebecca DiLeonardo on July 2, 2012 11:33 AM ET

[JURIST] North Carolina Governor Beverly Perdue [official website] on Sunday vetoed [press release] a bill [SB 820 materials] that would have lifted a ban on hydraulic fracturing, or fracking, in the state. Fracking is the process of injecting a high pressured mixture of water, sand and chemicals into the ground to break through rock and release oil and natural gas. Most major oil companies [CNN report], including Exxon Mobil, Royal Dutch Shell and BP, employ this technique to obtain shale oil and gas. In a statement, Perdue said that although she supports fracking for its benefits to the economy and energy-production, she did not believe the bill provided adequate safeguards for the environment:I support hydraulic fracturing, or "fracking" for natural gas, because I believe it can and should be part of a comprehensive mix of energy sources that will create jobs, reduce costs for businesses and families, and keep our economy growing. Before we "frack," however, we need strong safeguards in place that are specifically adapted to conditions in North Carolina. This bill does not do enough to ensure that adequate protections for our drinking water, landowners, county and municipal governments, and the health and safety of our families will be in place before fracking begins. ... Our drinking water and the health and safety of North Carolina's families are too important; we can't put them in jeopardy by rushing to allow fracking without proper safeguards. Purdue encouraged the legislature to adopt a fracking bill with more environmental protections.
Fracking has been a contentious issue both in the US and abroad. In May, Vermont Governor Peter Shumlin signed into law [JURIST report] a bill outlawing fracking in the state. In January the New Jersey Legislature passed an amendment to a bill that establishes a one-year ban on fracking [JURIST report]. Legislators re-introduced the bill this year after New Jersey Governor Chris Christie conditionally vetoed legislation last June that would have permanently banned fracking in New Jersey [JURIST report]. In October the Environmental Protection Agency announced plans to develop standards [JURIST report] for wastewater discharge from fracking. Last June New York Attorney General Eric Schneiderman sued the US government [JURIST report] for its alleged failure to study the risks of fracking. In May 2011 France's lower house approved a nationwide ban on fracking [JURIST report].


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Libya releases detained ICC staff members
Sung Un Kim on July 2, 2012 11:12 AM ET

[JURIST] The Libyan government on Monday released four International Criminal Court (ICC) [official website] staff members who had been detained for nearly four weeks. The release was announced [BBC report] while the ICC's president, Sang-Hyun Song, was visiting the country. The prosecution's office confirmed the release and noted that a hearing in their cases is expected on July 23. It added that the four staff members are expected at the hearing, but, even if that is not the case, a verdict will be issued in absentia. The release announcement came two weeks after the Libyan government started its investigation [JURIST report] of ICC staff members. They had been accused of spying and attempting to smuggle documents to the son of Muammar Gaddafi [BBC obituary; JURIST news archive], Saif al-Islam Gaddafi, from his former aide.
Libya's detention of the ICC's staff members had sparked several complaints and demands by the international communities. In June, the UN Security Council [official website] had demanded [JURIST report] the immediate release of the four staff members noting that Libya has a legal obligation under Resolution 1970(2011) [PDF] to "cooperate fully with and provide any necessary assistance to the Court and the Prosecutor." The presidents of two UN-backed courts the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY) [official websites] echoed [JURIST report] the Council's demand by calling the detention "unacceptable" and "deplorable." The ICC had criticized [JURIST report] the Libyan government for not explaining the reason for its staff members' detention, alleging that it was violating international law.


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Israel court postpones demolition of West Bank settlement
Sung Un Kim on July 2, 2012 10:27 AM ET

[JURIST] The Supreme Court of Israel [official website, in Hebrew] on Sunday postponed the demolition of illegal settlements in the West Bank [JURIST news archive]. The Supreme Court had ordered the 30 apartments in Ulpana neighborhood to be destroyed by July 1, extending [LAT report] it from May 1. However, with Sunday's ruling, another date for the demolition was set to November 15. The Israeli government began its evacuation [WP report] of Jewish families in the outpost on Tuesday and is also planning to relocate the homes located on the Palestinian grounds to a nearby settlements.
West Bank settlements have caused tension between Israel and Palestinian authorities as well as criticism by international groups despite the Israeli parliament's vote [JURIST report] against legalizing the unauthorized settlement earlier this month. Last week, the UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories Richard Falk demanded [JURIST report] Israel cease its demolition [press release] of Palestinian buildings in the West Bank settlements after finding that the demolition of Palestinian structures such as houses, animal shelters, water cisterns and roads have risen by 87 percent from last year. Israel responded to international investigations into these settlements by announcing [JURIST report] in March that it will sever ties to the UN Human Rights Council. The announcement came after the UN body initiated its investigation to determine the effect that Israeli settlements have had on the civil, political, economic and cultural rights of the Palestinian people. Even in March 2010, UN Secretary-General Ban Ki-moon [official profile] called [JURIST report] in a press conference Israeli settlement construction in the West Bank "illegal."


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Federal judge blocks Mississippi abortion law
Rebecca DiLeonardo on July 2, 2012 9:40 AM ET

[JURIST] A judge for the US District Court for the Southern District of Mississippi [official website] on Sunday issued a temporary injunction [order, PDF] blocking a controversial Mississippi abortion law [HB 1390 materials] that was scheduled to go into effect July 1. The new law requires that all physicians performing abortions at a clinic be a licensed OB-GYN and have privileges to admit patients into a hospital facility. Mississippi's only abortion clinic, Jackson Women's Health Organization [advocacy website], filed a lawsuit [JURIST report] challenging the law last week after they were unable to meet the requirements by the July 1 deadline. Mississippi authorities indicated that they would begin the process of shutting down the clinic on Monday if the law was left in place. The clinic alleges that the regulations effectively ban abortions in the state and are not medically necessary. In issuing the order, Judge Daniel Jordan noted that "though the debate over abortion continues, there exists legal precedent the Court must follow." The injunction will remain in effect until July 11, when a new hearing will be held to consider extending the injunction.
This is the latest development in the ongoing reproductive rights controversy [JURIST backgrounder]. Last week, Oklahoma Attorney General Scott Pruitt appealed a ruling [JURIST report] by a district court judge that held that an abortion ultrasound bill is unconstitutional. Earlier last month, Louisiana Governor Bob Jindal signed a bill increasing abortion restrictions in the state [JURIST report]. In May, Kansas Governor Sam Brownback signed a bill allowing pharmacists to refuse to dispense drugs [JURIST report] that they "reasonably believe" might result in the termination of a pregnancy. Earlier that month, a judge for the District Court of Oklahoma County ruled [JURIST report] that a law restricting how doctors may use abortion-inducing drugs to treat patients was a violation of the Oklahoma Constitution. In April, the Arizona House of Representatives approved a bill that bans abortions after 20 weeks [JURIST report] into a pregnancy, with an exception carved out only for medical emergencies. In March, Utah passed a law requiring a woman seeking an abortion to wait 72 hours [JURIST report] prior to obtaining the procedure.


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Apple agrees to pay China company $60 million for iPad trademark
Sung Un Kim on July 2, 2012 9:30 AM ET

[JURIST] A Chinese court on Monday confirmed a settlement reached last week in the trademark case between Apple and Shenzhen Proview Technology [corporate websites]. The Guangdong Hich People's Court said that Apple has agreed to pay USD $60 million [NYT report] to Proview for the use of the iPad trademark in mainland China. Although Apple had paid $55,000 for the trademark in 2009 to the company's Taiwanese affiliate, Proview Taipei, the Chinese affiliate argued that Apple misled it by buying the name through a smaller company, IP Application Development. Moreover, the Chinese company had argued that the sale by the Taiwanese affiliate does not transfer Apple's right to Chinese mainland leading the Shenzhen company not to be bound by the 2009 agreement. In December of last year, a Shenzhen court ruled against Apple [Daily Mail report] noting that although the Taiwanese affiliate registered the trademark in various countries since 2000, the Shenzhen Proview had registered the name in China in 2001. The Chinese company, which is currently in financial difficulties, asked for more than the settled amount but ultimately agreed to it due to possible pressure by creditors and the court. With the settlement clearing the way for the Chinese market, Apple is planning to launch its iPad 3 in China, but a specific release date is not set yet.
Apple has been in the news recently as it faces lawsuits around the world. In June, Apple was fined [JURIST report] 2.25 million Australian dollars (USD $2.29 million) by an Australian federal court for its misleading marketing and advertising of iPad tablets. Two days earlier, Eastman Kodak [corporate website] filed a lawsuit [JURIST report] against Apple alleging that the company is illegally using its patented technology that was developed when the two companies worked together in the 1990s. Earlier that month, a federal judge revived [JURIST report] a case against Motorola [corporate website] after he tentatively dismissed [JURIST report] it a week earlier. During the same month, another court ruled [JURIST report] that Apple has to defend itself against lawsuits filed by the company's customers under two California consumer protection laws. Judge Lucy Koh for the US District Court for the Northern District of California [official website] allowed plaintiffs to pursue claims that Apple caused them to overpay for their devices.


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