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Court to hear bid to sue Shell for Nigerian abuses
Legal Career News | 2011/10/16 16:17
The Supreme Court said Monday it will use a dispute between Nigerian villagers and oil giant Royal Dutch Shell to decide whether corporations may be held liable in U.S. courts for alleged human rights abuses overseas.

The justices said they will review a federal appeals court ruling in favor of Shell. The case centers on the 222-year-old Alien Tort Statute that has been increasingly used in recent years to sue corporations for alleged abuses abroad.

The villagers argue Shell was complicit in torture and other crimes against humanity in the country's oil-rich Ogoni region in the Niger Delta.

A divided panel of federal appeals court judges in New York said the 18th century law may not be used against corporations. More recently, appellate judges in Washington said it could.

In a second case the court agreed to hear, the justices will weigh whether the Torture Victims Protection Act of 1992 can be invoked against organizations, or only individuals.

The sons and widow of Azzam Rahim have filed a civil lawsuit against the Palestinian Authority and the Palestine Liberation Organization. The Palestinian-born Rahim was a naturalized U.S. citizen who was beaten and died in the custody of Palestinian intelligence officers in Jericho in 1995. Three officers were jailed for their role in the case, according to a State Department report.

But when Rahim's relatives sought money damages for his death, the federal appeals court in Washington said they could not use the 1992 law to go after the Palestinian organizations. The law may be applied only to "natural persons," the appeals court said.

The Nigerians' lawsuit stems from alleged human rights violations between 1992 and 1995. The suit claims that Shell was eager to stop protests about continuing oil exploration in the area and was complicit in Nigerian government actions that included fatal shootings, rapes, beatings, arrests and property destruction.


Panel: Suspend ex-AG Kline's law license in Kansas
Legal Career News | 2011/10/14 16:10

A professional ethics panel recommended Thursday that former Kansas Attorney General Phill Kline have his state law license suspended indefinitely over his conduct during criminal investigations of abortion providers, saying he was "motivated by dishonesty and selfishness."

The three-member panel of the state Board for Discipline of Attorneys said Kline repeatedly misled other officials or allowed subordinates to mislead others, including a Kansas City-area grand jury, to further investigations of abortion providers. The panel also said Kline made a false statement to the office investigating the misconduct claims against him and even attempted to mislead the panel itself as it considered his case.

Kline has strongly disputed the allegations against him and called the complaint politically motivated.

"I upheld my duty, upheld my oath of office and the integrity of my profession," Kline said in a statement emailed to The Associated Press. "I will continue to speak and stand for the truth and for those who cannot speak for themselves."

"My 'mistake' was my willingness to investigate politically powerful people and to let that investigation go where the evidence led," he said.

The panel determined some allegations in a complaint against Kline didn't represent violations of the state's rules for attorneys. Those included key criticisms of Kline and his subordinates over their handling of abortion patients' private medical records.

Yet the panel concluded Kline "engaged in a pattern of misconduct" while serving as Kansas attorney general in 2003-07 and as Johnson County district attorney for two years after he lost his bid for re-election to the state office.



Lawyer: First Toyota case to go to trial in 2013
Legal Career News | 2011/10/12 15:58
A lawyer says a case against Toyota Motor Corp. that was dismissed by a federal judge in California last month has been refiled and will be the first to reach trial out of hundreds of sudden acceleration complaints.

Plaintiffs' attorney Mark Robinson said Tuesday that the case of two Utah residents will go to trial in February 2013. They were killed when their Toyota Camry slammed into a wall last year.

The trial had been one of several bellwether cases expected to determine how other lawsuits would proceed. But U.S. District Judge James Selna ruled in September that he didn't have jurisdiction because a certain claim in the lawsuit could not reach $50,000 in damages.

Robinson says he has removed the Toyota dealer from the case so it can move forward.


Court won't hear gay dads' birth certificate case
Legal Career News | 2011/10/12 10:56

The Supreme Court has rejected an appeal from a gay couple who want both of their names to appear on the Louisiana birth certificate of the child they adopted.

The court said Tuesday it won't review a federal appeals court ruling against the adoptive parents. The appeals court ruled that the Louisiana registrar's insistence that only one father's name can go on the certificate does not violate the child's right to equal protection under the law or deny legal recognition of the adoption by both men. The adoption occurred in New York, which allows same-sex couples to adopt.

Louisiana says its birth certificate policy reflects state law prohibiting adoption by unmarried couples, whether heterosexual or gay.



High court to decide double jeopardy question
Legal Career News | 2011/10/11 10:20
The Supreme Court will decide whether a jury forewoman's offhand comment that the jury was unable to make a decision on a murder charge means the suspect can't be retried on that charge.

The high court on Tuesday agreed to hear an appeal from Alex Blueford, whose murder trial in Arkansas ended in a hung jury.

The jury forewoman told the judge before he declared a mistrial that the jury had voted unanimously against capital murder and first-degree murder. The jury had deadlocked on a lesser charge, manslaughter, which caused the judge to declare a mistrial.

Blueford argued the forewoman's statement, said in open court, meant that he has been acquitted of capital murder and first-degree murder.

Prosecutors decided to retry Blueford on all three charges. He contended he could not be retried on capital murder and first-degree murder because of Fifth Amendment double jeopardy protections.

Arkansas courts have disagreed. The high court will now review that decision.

Blueford was on trial for killing his girlfriend's 20-month-old son.


Hogan to be new courts administrative officer
Legal Career News | 2011/10/06 16:15

Senior U.S. District Judge Thomas Hogan is the new director of the Administrative Office of the U.S. Courts.

Hogan, a former chief U.S. District Court judge in Washington, will serve a one-year term as the chief administrative officer for the federal court system. He will oversee the federal judiciary's 35,000 employees and its almost $7 billion annual budget.

The Judicial Conference of the United States is the principal policymaking body for the federal court system. As its presiding officer, Chief Justice John Roberts selected Hogan for the position.

Hogan will begin Oct. 17. He plans to resume work as a senior federal judge after his term ends.

The previous director, James Duff, left this summer to become president of the Freedom Forum.



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