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Court: Ex-Im Bank needs to explain Air India loan
Legal News |
2013/06/19 17:49
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A federal bank that backed a huge airplane loan for Air India will have to explain that the loan didn't hurt U.S. airlines.
A lawsuit by Delta Air Lines Inc. had accused the Export-Import Bank of failing to follow a requirement that it makes sure its loans to foreign companies won't hurt U.S. competitors. The Ex-Im bank guaranteed $3.4 billion in loans in 2011 so that Air India could buy planes from Boeing Co. But Delta competes with Air India on some routes.
The Court of Appeals in Washington did not force the bank to reverse the loan guarantee, as Delta had asked. But the ruling says the bank needs to follow the law and provide more justification for the loan. |
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Battle between SC Episcopalians back state court
Court Line |
2013/06/15 01:38
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The legal fight between two factions of South Carolina Episcopalians will be decided in state court.
U.S. District Judge C. Weston Houck has issued an order saying the federal court has no jurisdiction and hearing the case would disrupt the balance between state and federal courts. Houck heard arguments in the dispute last week.
The conservative Diocese of South Carolina last year separated from the more liberal national Episcopal Church. The break-away churches then sued in state court to protect the use of the name and a half billion dollars' worth of property.
Parishes remaining with the national church then sued in federal court saying the case raised First Amendment and other federal issues.
But Houck disagreed and late Monday sent the case back to state court. |
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Court says human genes cannot be patented
Attorney News |
2013/06/13 16:25
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The Supreme Court ruled Thursday that companies cannot patent parts of naturally-occurring human genes, a decision with the potential to profoundly affect the emerging and lucrative medical and biotechnology industries.
The high court's unanimous judgment reverses three decades of patent awards by government officials. It throws out patents held by Salt Lake City-based Myriad Genetics Inc. on an increasingly popular breast cancer test brought into the public eye recently by actress Angelina Jolie's revelation that she had a double mastectomy because of one of the genes involved in this case.
Justice Clarence Thomas, who wrote the court's decision, said that Myriad's assertion — that the DNA it isolated from the body for its proprietary breast and ovarian cancer tests were patentable — had to be dismissed because it violates patent rules. The court has said that laws of nature, natural phenomena and abstract ideas are not patentable.
"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Thomas said.
Patents are the legal protection that gives inventors the right to prevent others from making, using or selling a novel device, process or application. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years, but opponents of Myriad Genetics Inc.'s patents on the two genes linked to increased risk of breast and ovarian cancer say such protection should not be given to something that can be found inside the human body. |
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Somali torture victim: Ohio court hearing a relief
Court Watch |
2013/06/10 17:05
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Torture victim Abukar Hassan Ahmed was living in London when he decided several years ago to search again for the man he says crippled him during interrogations in Somalia in the 1980s.
It took just a half-hour Internet search in 2005 to locate the former government official then living in Ohio. Ahmed finally got the chance to tell his story in court last week after a federal judge ruled in his favor in a lawsuit against the official, Abdi Aden Magan.
"Justice is universal," Ahmed told The Associated Press after the hearing. Those "who try to torture a human being will be brought to justice anywhere he is. That is my message."
Ahmed, a former human rights advocate in Somalia, alleged in a 2010 lawsuit that the beatings he endured at Magan's direction make it painful for him to sit and injured his bladder to the point that he is incontinent. He is seeking more than $12 million in damages, though he's unlikely to ever see the money. Magan is believed to be living in Kenya, where even if he had the funds, he would be out of reach of U.S. courts.
Ahmed says the torture occurred when Magan served as investigations chief of the National Security Service of Somalia, a force dubbed the "Black SS" or the "Gestapo of Somalia" because of techniques used to gain confessions from detainees. |
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Court: Police can take DNA swabs from arrestees
Attorney News |
2013/06/03 21:07
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A sharply divided Supreme Court on Monday said police can routinely take DNA from people they arrest, equating a DNA cheek swab to other common jailhouse procedures like fingerprinting.
"Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," Justice Anthony Kennedy wrote for the court's five-justice majority.
But the four dissenting justices said that the court was allowing a major change in police powers.
"Make no mistake about it: because of today's decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason," conservative Justice Antonin Scalia said in a sharp dissent which he read aloud in the courtroom.
At least 28 states and the federal government now take DNA swabs after arrests. But a Maryland court was one of the first to say that it was illegal for that state to take Alonzo King's DNA without approval from a judge, saying King had "a sufficiently weighty and reasonable expectation of privacy against warrantless, suspicionless searches."
But the high court's decision reverses that ruling and reinstates King's rape conviction, which came after police took his DNA during an unrelated arrest. Kennedy wrote the decision, and was joined by Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas and Stephen Breyer. Scalia was joined in his dissent by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. |
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