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Teen sex case sentence goes to high court
Legal Career News | 2007/06/15 16:28
The state Supreme Court agreed to hear the state's arguments for keeping in prison a man who had consensual sex with a 15-year-old girl when he was 17. Atty. Gen. Thurbert E. Baker has been criticized for appealing a state judge's decision to void Genarlow Wilson's 10-year sentence but said in Atlanta that he had no choice under the law. The Superior Court judge had no authority to reduce or modify the trial court's sentence, he said.

Wilson, now 21, has served more than 28 months in prison. A jury convicted him in 2005 of aggravated child molestation for having oral sex with the girl at a 2003 party. Although the sex was consensual, it was illegal under Georgia law.


Lawmakers kill vote on gay marriage ban
Lawyer Blog News | 2007/06/15 13:24
Massachusetts lawmakers Thursday threw out a proposed constitutional amendment that would have let voters decide whether to ban gay marriage in the only state that allows it.

The vote was a devastating blow to efforts to reverse a 2003 court ruling legalizing same-sex marriage.

An amendment now can't reach voters before 2010. That would happen only with a successful new petition drive and the backing of 50 lawmakers in two consecutive sittings of the 200-seat Legislature - including the one that just rejected the ballot measure.

Such a scenario appeared increasingly unlikely, but opponents of gay marriage vowed to press on.



N. Korea Threatens Over U.S. Missile Plan
Legal World News | 2007/06/15 12:25

North Korea lambasted U.S. efforts to build a missile defense system Friday and vowed to increase its "self-defense deterrent," a term that the communist regime usually uses to refer to its nuclear program.

"The U.S. is claiming that it is building a global missile defense system to protect against missile attacks from our nation and Iran. This is a childish pretext," the North's ministry said in a statement carried by the country's official Korean Central News Agency.

"We cannot but further strengthen our self-defense deterrent if (an) arms race intensifies because of the U.S. maneuvers," it said.

The North Korean warning came as Russia seemed reluctant to respond to U.S. Defense Secretary Robert Gates' assertion Thursday that the Bush administration will not replace its plan for a missile defense system in Eastern Europe with Moscow's counterproposal for a radar site in Azerbaijan.

Gates met briefly with Russian Defense Minister Anatoly Serdyukov, and told reporters afterward that the hotly debated missile defense plan simply did not come up.

"I guess I would have to say, honestly, I was somewhat surprised," said Gates, who is attending a two-day meeting of NATO defense ministers in Brussels, Belgium. "I don't know how to read it, to be honest."

The silence came after other Russian officials blasted the U.S. plan, and warned that the new sites could be targeted by Russian missiles.

Gates said he did not bring the matter up in his session with Serdyukov because, "I felt I'd been pretty explicit yesterday in the session so I didn't feel the need to." Instead, Gates said, they talked about plans for an upcoming meeting between President Bush and Russian President Vladimir Putin.

During a session on Thursday, Gates told the allies that the U.S. will proceed with its plans for a radar system in the Czech Republic to watch for missile threats and 10 interceptor rockets in Poland to shoot down any missiles.

And he flatly dismissed any notion that Russia's push for joint use of a radar station in Azerbaijan could replace the broader U.S. plan.

He also said he doubts that there could be any agreement with the Russians by next month, when Mr. Bush meets Putin at Kennebunkport, Maine.

"I was very explicit in the (NATO) meeting that we saw the Azeri radar as an additional capability, that we intended to proceed with the X-Band radar in the Czech Republic," Gates told reporters Thursday.

Russian officials earlier this week called for a freeze on the U.S. plan, arguing that it would undermine Russia's nuclear deterrent. And they reportedly issued threats against the planned sites in Poland and the Czech Republic.

Meanwhile, NATO ordered its military experts to draw up plans for a possible short-range missile defense system to protect nations on the alliance's southern flank that would be left exposed by proposed U.S. anti-missile units in central Europe.

According to U.S. and NATO officials, the addition of the European bases to anti-missile installations in North America would protect most of Europe from the threat of long-range attack from Iran or elsewhere in the Middle East. But it would leave Turkey, Greece, Bulgaria and parts of Romania exposed.

To fill that gap, NATO Secretary General Jaap de Hoop Scheffer said NATO experts would produce a report by February on short-range anti-missile defenses "that can be bolted on to the overall missile defense system as it would be installed by the United States."

Russia has threatened to retaliate against the U.S. plans by pulling out of a key arms control treaty and pointing warheads at Europe for the first time since the Cold War. However, at last week's G-8 summit, Putin seemed to take a more open approach, suggesting Russia could cooperate with the West on an anti-missile radar base in Azerbaijan.



Judge Suing Dry Cleaner Cries Over Pants
Court Feed News | 2007/06/14 16:38

A judge had to leave the courtroom with tears running down his face Tuesday after recalling the lost pair of trousers that led to his $54 million lawsuit against a dry cleaner. Administrative law judge Roy L. Pearson had argued earlier in his opening statement that he is acting in the interest of all city residents against poor business practices. Defense attorneys called his claim "outlandish." He originally sued Custom Cleaners for about $65 million under the District of Columbia consumer protection act and almost $2 million in common law claims. He is no longer seeking damages related to the pants, instead focusing his claims on two signs in the shop that have since been removed.

He alleges that Jin Chung, Soo Chung and Ki Chung, owners of the mom-and-pop business, committed fraud and misled consumers with signs that claimed "Satisfaction Guaranteed" and "Same Day Service."

Pearson, representing himself, said in opening that he wanted to examine the culture that allowed "a group of defendants to engage in bad business practices for five years."

An attorney for the Chungs portrayed Pearson as a bitter man with financial troubles stemming from a recent divorce who is taking out his anger on a hardworking family.

"This case is very simple. It's about one sign and the plaintiff's outlandish interpretation," attorney Chris Manning said.

The Chungs were to present their case Wednesday. Manning asked D.C. Superior Court Judge Judith Bartnoff to award them reimbursement for their legal costs if they win.

Pearson called several witnesses Tuesday who testified that they stopped going to Custom Cleaners after problems with misplaced clothes.

Pearson also called himself as a witness, saying his problems began in May 2005 when he brought in several suits for alterations. A pair of pants from a blue and maroon suit was missing when he requested it two days later. He said Soo Chung tried to give him a pair of charcoal gray pants.

As Pearson explained that those weren't the pants for the suit, he choked up and left the courtroom crying after asking Bartnoff for a break.

Pearson originally asked the cleaners for the full price of the suit, which was more than $1,000. But because the Chungs insisted the pants had been found, they refused to pay.

Manning has said the cleaners made three settlement offers to Pearson, but the judge was not satisfied and increased his demands — including asking for money to rent a car so he could drive to another business.



Colgate warns of fake toothpaste, maybe toxic
Business Law Info | 2007/06/14 16:32

Colgate-Palmolive (CL) said Thursday that counterfeit "Colgate" toothpaste that may contain a toxic chemical has been found in discount stores in four states.
"There are indications that this product does not contain fluoride and may contain diethylene glycol," the company said. Colgate-Palmolive said it does not use, nor has ever used, diethylene glycol as an ingredient in its toothpaste anywhere in the world. The chemical, known as DEG and sometimes illegally used as an inexpensive sweetener and thickening agent, is commonly used in solvents and antifreeze.

The Colgate-Palmolive announcement comes less than two weeks after the U.S. Food and Drug Administration (FDA) warned consumers to avoid any toothpaste made in China after inspectors found DEG in tubes sold at two stores.

Colgate-Palmolive said the counterfeit toothpaste was found in New York, New Jersey, Pennsylvania and Maryland. It can be recognized because it is labeled as being manufactured in South Africa, and the company does not import toothpaste to the United States from South Africa.

The packaging also contains several misspellings, Colgate said. It said it is working with the FDA to help to identify those responsible for the counterfeit product.

DEG-contaminated toothpaste has also been seized in Costa Rica, the Dominican Republic, Panama and Nicaragua. It was also found in cough syrup in Panama that led to the deaths of at least 100 people last year.

The FDA issued its alert about Chinese toothpaste after seizing a batch of Cooldent found to contain 3% DEG. Inspectors found the toothpaste at a Dollar Plus store in Miami and at a store called Todo a Peso in Puerto Rico.

Brands seized earlier included Cooldent, Clean Rite and Oralmax that are usually found at discount retailers, the agency said.

The FDA identified products by Goldcredit International Enterprises, Goldcredit International Trading Co. and Suzhou City Jinmao Daily Chemicals Co as containing DEG.

Goldcredit International Enterprises is a unit of JiangsuXingda Stationery Group, a manufacturer of glue and office supplies. Suzhou City Jinmao Daily Chemicals also makes soap and pet products.




Top court allows lawsuits on U.N. property taxes
Legal Career News | 2007/06/14 14:40
The U.S. Supreme Court ruled on Thursday that foreign governments can be sued in an effort to collect unpaid local property taxes on residences for their diplomats at the United Nations. The high court, by a 7-2 vote, sided with New York City and ruled the foreign governments are not shielded from such lawsuits on sovereign immunity grounds.

The case involved the city's efforts to collect $16.4 million in unpaid property taxes and interest from India and $2.1 million from Mongolia for their missions at the United Nations.

Under New York law, foreign governments have tax exemptions for the diplomatic mission section of their properties used exclusively for diplomatic offices and for the quarters of certain diplomats.

But the city says the government must pay taxes for the space that houses lower-level employees. The two governments refused to pay the taxes and the city sued. The foreign governments sought to dismiss the lawsuits.

Justice Clarence Thomas concluded in the court's majority opinion that the two foreign governments are not immune from the lawsuits under a 1976 federal law, a decision that allows the cases to go forward.

Justices John Paul Stevens and Stephen Breyer dissented. "If Congress had intended the statute to waive sovereign immunity in tax litigation, I think it would have said so," Stevens wrote.



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