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Idaho high court considers defamation lawsuit
Court Watch |
2018/09/19 15:58
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The Idaho Supreme Court heard arguments Friday in a case that could determine whether individuals have the right to sue if they think a journalist implied — but didn't outright say — something defamatory.
The issue arose in a lawsuit brought last year by former teacher James Verity against USA Today and television stations in Idaho and Oregon after they reported on the results of a national investigation into teacher licensing. The investigation found that teachers who had a license revoked in one state were often able to move to another state to be licensed there.
Verity lost his Oregon teaching license after he was disciplined for having inappropriate sexual contact with an 18-year-old student. He was later was granted an Idaho teaching license.
Verity says the news coverage wrongly implied that he was danger to female students, that he misled Idaho officials and that he committed a crime by having sex with a student. The news organizations say their reporting was accurate.
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Spain rejects extraditing HSBC whistleblower to Switzerland
Attorney News |
2018/09/18 12:35
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A Spanish court on Tuesday rejected a request to extradite a former HSBC employee to serve a five-year prison sentence in Switzerland, where he was convicted for leaking a massive trove of bank data that led to tax evasion probes worldwide.
The ruling was the second time Spain's National Court refused to extradite Herve Falciani, a French-Italian computer expert who in 2008 disclosed tens of thousands of records of HSBC customers who allegedly used the bank's Swiss branch to avoid taxes. He was convicted in absentia of breaching financial secrecy laws in Switzerland in 2015.
A panel of three National Court judges ruled Tuesday that Falciani had already been cleared from extradition in 2013, when the same court ruled that "aggravated economic espionage" is not a crime in Spain.
The judges also say that Falciani didn't reveal any secrets because he only shared them with authorities who initiated investigations in dozens of countries, including in Spain.
Falciani, 46, was first arrested in Spain in 2012. He spent 170 days in prison before he was released. He was arrested again in Madrid in April, in a renewed effort by Swiss authorities to make him serve his prison time.
Falciani said he believed Spain's previous conservative administration arrested him in order to use him as "a bargaining chip" in requests to extradite pro-independence Catalan politicians in Switzerland.
In an interview with The Associated Press last week, he said the only explanation of why he was arrested again this year after a lull in his case was political.
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Chicago, surfer group oppose US Steel settlement in court
Court Watch |
2018/09/17 12:34
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The city of Chicago and a surfing organization have told a judge that a proposed federal settlement over U.S. Steel's repeated chemical spills into Lake Michigan is inadequate.
The Chicago Law Department and the Surfrider Foundation urged the federal judge Thursday to impose tougher penalties on the steelmaker for last year's hexavalent chromium discharges from its Midwest Plant in Portage, Indiana, into the region's primary source of drinking water, the Chicago Tribune reported.
The nearly $900,000 in fines and penalties proposed by the federal government fall short when compared with the ecological damage caused by the carcinogenic discharges, according to court documents filed by the city of Chicago and the nonprofit foundation. The settlement also requires the steelmaker to test for hexavalent chromium daily, create a preventative maintenance program and upgrade all pollution monitoring.
"The government's inadequate oversight ... demonstrates the need for Surfrider to remain vigilant," said Mark Templeton, the group's attorney.
The University of Chicago's Abrams Environmental Law Clinic discovered last year that the manufacturing and finishing plant had violated chromium limits in its federal water pollution permit at least four times since 2013. The plant's chromium discharges are limited to 30 pounds a day, while hexavalent chromium is limited to about half a pound a day.
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States urge Supreme Court to hear Kennedy cousin case
Legal Interview |
2018/09/16 12:34
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Eleven states are asking the U.S. Supreme Court to hear Connecticut's appeal in the murder case of Kennedy cousin Michael Skakel and reinstate his conviction.
The states filed a friend-of-the-court brief on Monday, saying a ruling in Connecticut's favor is needed to thwart excessive appeals that focused on mistakes made by defense lawyers. The court has not yet decided whether to hear Connecticut's appeal.
Skakel, a nephew of Robert F. Kennedy's widow, Ethel Kennedy, cited his trial lawyer's failure to contact an alibi witness in his successful appeal to the Connecticut Supreme Court.
The state court in 2016 upheld Skakel's 2002 murder conviction in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were teenagers. But the court reversed that ruling in May and vacated the conviction, after a justice in the 4-3 majority retired and a new justice sided with Skakel - a move that has also drawn scrutiny.
Connecticut prosecutors argue the state high court did not properly weigh the overall performance of Skakel's defense, which they described as vigorous. They say the U.S. Supreme Court needs to correct a misperception by other state and federal courts that any mistake by defense counsel demonstrates incompetence and warrants a new trial.
The friend-of-the-court brief, filed by Utah Attorney General Sean Reyes' office, said allowing the nitpicking of defense lawyer performance produces a variety of problems, including flooding the courts with appeals as a result of lower legal standards and making it harder for defendants to find lawyers willing to undergo such scrutiny. |
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Court: British surveillance violates European law
Court Watch |
2018/09/15 12:33
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Europe's human rights court handed a partial victory Thursday to civil rights groups that challenged the legality of mass surveillance and intelligence-sharing practices exposed by American whistleblower Edward Snowden.
The European Court of Human Rights ruled that some aspects of British surveillance regimes violated provisions in the European Convention on Human Rights that are meant to safeguard Europeans' rights to privacy.
Specifically, the court said there wasn't enough independent scrutiny of processes used by British intelligence services to sift through data and communications intercepted in bulk.
The ruling cited a "lack of oversight of the entire selection process" and "the absence of any real safeguards."
The court's seven judges also voted 6-1 that Britain's regime for getting data from communications service providers also violated the human rights convention, including its provisions on privacy and on freedom of expression.
But the ruling wasn't all bad for British spies. The court said it is "satisfied" that British intelligence services take their human rights convention obligations seriously "and are not abusing their powers."
The court also gave a green light to procedures British security services use to get intelligence from foreign spy agencies, saying the intelligence-sharing regime doesn't violate the convention's privacy provisions.
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