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High court rejects appeal in rendition case
Legal Business | 2010/06/14 08:58

The Supreme Court has rejected an appeal from a Canadian engineer who was caught up in the U.S. government's secret transfer of terror suspects to other countries.

The court did not comment Monday in ending Syrian-born Maher Arar's quest to sue top U.S. officials, including former Attorney General John Ashcroft. Arar says he was mistaken for a terrorist when he was changing planes in New York on his way home to Canada, a year after the 2001 terrorist attacks. He was instead sent to Syria, where he claims he was tortured.

Lower courts dismissed Arar's lawsuit, which asserts the U.S. purposely sent him to Syria to be tortured. Syria has denied he was tortured.

The Canadian government agreed to pay Arar $10 million and apologized to him for its role in the case.

A Canadian investigation found that the Royal Canadian Mounted Police wrongly labeled Arar an Islamic fundamentalist and passed misleading and inaccurate information to U.S. authorities.

The inquiry determined that Arar was tortured, and it cleared him of any terrorist links or suspicions.



NY appeals court tosses ruling on RNC surveillance
Legal Business | 2010/06/09 12:16
An appeals court has thrown out a ruling that ordered the release of documents related to NYPD surveillance of protesters at the 2004 Republican National Convention.

The 2nd U.S. Circuit Court of Appeals in Manhattan found Wednesday that the district court overstepped its authority by trying to force the department to make the material public.

More than 1,800 people were arrested at the four-day convention at Madison Square Garden.

The New York Civil Liberties Union filed a lawsuit on behalf of some of those detained. It claimed the arrests violated the protesters' civil rights.



Ex-NFL star: Scott Rothstein's law firm owes money
Legal Business | 2010/05/21 09:09
Retired NFL star Warren Sapp is asking to recover over $100,000 in a trust account left by the law firm of a man who pleaded guilty to running a Ponzi scheme.

Attorneys for Sapp filed a federal court petition Monday in Scott Rothstein's criminal case. The attorneys say Sapp has interest in money the government is seeking in a forfeiture action.

The seven-time Pro Bowl defensive lineman had nearly $103,000 in a trust account with the law firm when it collapsed after financial fraud came to light.

Sapp's trust account is not connected to the billion-dollar Ponzi scheme Rothstein allegedly ran out of his Fort Lauderdale law office.

A court hearing has been scheduled involving the petitions of Sapp and others seeking trust account funds.



LimeWire loses copyright case in fight with labels
Legal Business | 2010/05/17 09:03
File-sharing software company LimeWire has lost a long-running court battle to the major recording companies. A judge with the U.S. District Court in New York ruled this week that the company and its chairman, Mark Gorton, were liable for inducing copyright infringement.

The decision in the case, which began in 2006, doesn't mean the site will shut down right away. The record labels and LimeWire are to meet with Judge Kimba Wood on June 1 to determine the next steps, such as a possible deal to work together going forward and a potential award for damages.

Recording Industry Association of America Chairman Mitch Bainwol said in a statement Wednesday that the ruling was "an extraordinary victory" against one of the largest remaining file-sharing services in the United States.

The RIAA said more than 200 million copies of LimeWire's file-sharing software have been downloaded so far, including 340,000 in the last week alone.

The ruling could pave the way for a deal, similar to the way Napster was sued out of existence in 2000 but was reborn and is now under the ownership of Best Buy Inc. with licensing deals with all the major recording companies.



Manchester law firm advises on Midlands care home deals
Legal Business | 2010/05/10 09:08
JMW Solicitors has advised a care operator on its recent acquisition of two homes.

A team from the Manchester law firm, led by corporate partner Scott Sands and solicitor Vicky Protano, advised Central England Healthcare Ltd on its acquisition of The Old Vicarage in Stoke-on-Trent from private owners Mr and Mrs Kilby. The Old Vicarage is registered to provide nursing care for 45 service users and is rated excellent by the Care Quality Commission.

Richard Wolff, partner and head of corporate recovery and insolvency advised the same Midlands-based operator on its purchase, from the administrators, of Eversleigh Nursing Home in Wolverhampton. Registered to provide nursing care for 84 service users, this is the company’s largest acquisition.

Chris King, corporate partner at JMW advised Central England Healthcare in relation to the refinancing of the group and in relation to the financing of the two acquisitions.

Sands said: “It’s pleasing to see a company that can see real opportunities for growth even when the economic climate is still somewhat uncertain.”


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