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Supreme Court tosses $315 million award in USS Cole lawsuit
Legal Interview |
2019/03/22 12:33
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The Supreme Court on Tuesday threw out a nearly $315 million judgment against Sudan stemming from the USS Cole bombing, saying Sudan hadn't properly been notified of the lawsuit.
The justices ruled 8-1 that notice of the lawsuit should have been mailed to Sudan's foreign ministry in the country's capital, Khartoum. The notice was instead mailed to Sudan's embassy in Washington.
The lawsuit in which the justices ruled involves sailors who were injured in the 2000 bombing of the Cole in Yemen. Sailors and their spouses sued Sudan in a U.S. court, arguing that Sudan had provided support to al-Qaida, which claimed responsibility for the Cole attack. Seventeen sailors died when the ship was struck by a bomb-laden boat. Dozens of others were injured.
In order to alert Sudan to the lawsuit, the group mailed the required notice to Sudan's embassy in Washington. Sudan didn't initially respond to the lawsuit in court, and a judge entered an approximately $315 million judgment against the country. Sudan then tried to get the judgment thrown out.
Sudan and the sailors who were suing disagreed about the requirements of a 1976 law, the Foreign Sovereign Immunities Act. The statute lays out how to properly notify another country of a lawsuit filed in a U.S. court. If other agreements between the countries don't exist, the law says that notice should be "addressed and dispatched ... to the head of the ministry of foreign affairs of the foreign state concerned."
Lawyers for Sudan and for the U.S. government had argued that the best reading of that phrase is that it requires the notice to be sent to the foreign minister in the foreign country. The Supreme Court agreed. |
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Supreme Court set for case on racial bias in jury selection
Legal Interview |
2019/03/18 12:16
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Curtis Flowers has been jailed in Mississippi for 22 years, even as prosecutors couldn't get a murder conviction against him to stick through five trials.
Three convictions were tossed out, and two other juries couldn't reach unanimous verdicts.
This week, the Supreme Court will consider whether his conviction and death sentence in a sixth trial should stand or be overturned for a familiar reason: because prosecutors improperly kept African-Americans off the jury.
The justices on Wednesday will examine whether District Attorney Doug Evans' history of excluding black jurors should figure in determining if Evans again crossed a line when he struck five African-Americans from the jury that most recently convicted Flowers of killing four people.
In overturning Flowers' third conviction, the Mississippi Supreme Court called Evans' exclusion of 15 black prospective jurors "as strong a prima facie case of racial discrimination as we have seen" in challenges to jury composition. This time around, though, the state's high court has twice rejected Flowers' claims, even after being ordered by the U.S. Supreme Court to take another look. |
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Ex-Illinois Rep. Aaron Schock to appear in court in Chicago
Legal Interview |
2019/03/06 11:33
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Former Illinois Rep. Aaron Schock is scheduled to appear in court for the first time since the U.S. Supreme Court declined to get involved in his corruption case.
A federal judge in Chicago set a Wednesday hearing for the 37-year-old, who once was a rising star of the Republican Party.
Schock resigned from Congress in 2015 amid scrutiny of his spending, including redecorating his office in the style of the "Downton Abbey" TV series. He was indicted in 2016 on 22 counts, i ncluding wire fraud and falsification of election commission filings.
Schock has pleaded not guilty. His attorneys argued the case should be dismissed, saying his prosecution violated separation-of-powers clauses. The Supreme Court declined last month to consider it.
The case was originally filed in central Illinois. The Justice Department transferred it to prosecutors in Chicago last year.
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N Carolina court: State retirees should pay health premiums
Legal Interview |
2019/03/05 11:34
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A North Carolina appeals court is throwing out a judge's ruling that a former Supreme Court chief justice and other retired state government workers can't be forced to pay part of their health insurance premiums.
A state Court of Appeals ruled Tuesday the retirees don't have a contract preventing them from contributing to their coverage. A three-judge panel ruled unanimously that retired state employees were promised nothing more than what is offered to current workers.
Legislators passed a law in 2011 requiring retirees to pay premiums they didn't pay while working. Retirees including former Chief Justice I. Beverly Lake sued, saying that broke the state's promise to provide health insurance.
The State Health Plan covers more than 700,000 employees, retirees and their dependents. |
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Japan court OK's Nissan ex-Chairman Ghosn's release on bail
Legal Interview |
2019/03/03 11:35
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A Tokyo court approved the release of former Nissan Chairman Carlos Ghosn on 1 billion yen ($8.9 million) bail on Tuesday, rejecting an appeal by prosecutors to keep him jailed, a lawyer for the auto executive said.
He could be freed as soon as Wednesday morning, according to Japan's Kyodo News.
Jean-Yves Le Borgne, Ghosn's French lawyer, said a court issued a late-night ruling rejecting prosecutors' appeal of the initial ruling. Le Borgne cautioned that prosecutors still had leeway to file new charges as they had done once before.
Ghosn said in a written statement that he is grateful for his family and friends who had stood by him "throughout this terrible ordeal."
He said he is "innocent and totally committed to vigorously defending myself in a fair trial against these meritless and unsubstantiated accusations."
The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on Nov. 19. He says he is innocent of charges of falsifying financial information and of breach of trust.
His Japanese lawyer, Junichiro Hironaka, is famous for winning acquittals in Japan, a nation where the conviction rate is 99 percent.
Hironaka said the legal team "proposed concrete ways showing how he would not tamper with evidence or try to flee."
Hironaka said Monday that he had offered new ways to monitor Ghosn after his release, such as camera surveillance. Hironaka also questioned the grounds for Ghosn's arrest, calling the case "very peculiar," and suggesting it could have been dealt with as an internal company matter.
In Japan, suspects are routinely detained for months, often until their trials start. That's especially true of those who insist on their innocence.
The 1 billion yen bail set by the court was relatively high but not the highest ever in Japan.
Among the conditions for Ghosn's release were restrictions on where he can live, his mobile phone use, as well as a ban on foreign travel and contact with Nissan executives, according to Kyodo News. |
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