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Throng of Occupy protesters appear in NY courts
Top Legal News | 2011/12/14 21:05
Nearly 200 people arrested during Occupy Wall Street-related protests were in New York courtrooms hundreds of miles apart Wednesday, answering charges that stemmed from a march on the Brooklyn Bridge and a demonstration in a Rochester park.

In Manhattan, arraignments were under way for 166 people, most of them among the more than 700 picked up in an Oct. 1 march that marked the biggest mass arrest of the New York protest so far. Hundreds of other protesters arrested on the bridge and during other Occupy demonstrations in the city have already been to court, but this week's numbers are some of the biggest.

Meanwhile, 28 Occupy Wall Street supporters were set to appear in a Rochester court on charges of trespassing by staying in a park past its curfew.

Some wearing their Occupy Wall Street allegiance on buttons — and in one case, a hand-painted oxford shirt — lined hallways and an overflow courtroom in a Manhattan courthouse that handles low-level offenses. Many had been arrested on the bridge after police said protesters ignored warnings not to leave a pedestrian path and go onto the roadway.

The demonstrators were generally charged with disorderly conduct and blocking traffic, both violations. Many took a judge's offer Wednesday to get their cases dismissed if they avoid getting arrested again for six months.


Court tells UK to release Pakistani in US custody
Headline News | 2011/12/14 21:05
An appeals court issued a landmark ruling Wednesday ordering the British government to free a Pakistani detainee who has been held in U.S. custody for nearly eight years without charge.

It was unclear whether Yunus Rahmatullah would be released as required, however, because the U.S. government is not bound by the ruling. It announced that it was reviewing the ruling.

Britain has seven days to produce Yunus Rahmatullah, who is being held by American forces in Afghanistan, according to the Appeals Court's ruling.

Although Rahmatullah, 29, is not a British national, the UK-legal charity Reprieve filed a habeas corpus petition claiming that his detention lacked sufficient cause or evidence, and that British forces violated international law when they rendered him to U.S. custody.

British forces in Iraq seized Rahmatullah in 2004, but then handed him over to the Americans who sent him to the U.S. Air Base in Bagram, Afghanistan — a sprawling base that includes the Parwan detention facility where some 1,900 detainees are being held.

Wednesday's ruling marks one of the first times that a habeas corpus petition has been successful for a detainee at the U.S. base. It puts the United States and Britain in an awkward position — Britain is bound by the ruling, but the United States is not because the decision was handed down by a foreign court.


Next ICC prosecutor warns against sex crimes
Legal News | 2011/12/13 21:05
The next chief prosecutor of the International Criminal Court pledged Tuesday to strengthen efforts to bring to justice the perpetrators of sexual and gender crimes.

A day after her election by the 119 countries that support the tribunal, Gambian lawyer Fatou Bensouda said too often gender crimes go unreported and unpunished and the victims are trivialized, denigrated, threatened and silenced, which enables the abuses to continue unimpeded.

In its first cases, she said, the ICC has sent the message that this is no longer acceptable and must stop.

The International Criminal Court, which began operating in 2002, is the world's first permanent war crimes tribunal. It is a court of last resort, stepping in only when countries are unwilling or unable to prosecute alleged war crimes, crimes against humanity and genocide.

At the moment, the ICC is dealing with cases from Congo, the Central African Republic, Uganda involving the Lord's Resistance Army, the Darfur conflict in Sudan, the recent Libyan uprising, and post-election violence in Kenya and Ivory Coast.

At present, crimes such as rape, sexual slavery, and forced prostitution and pregnancy are alleged in some cases before the court in all of these situations except Libya, where an investigation of alleged gender-based crimes is still under way.


Texas asks court to stop redistricting plan
Legal News | 2011/11/28 17:43
The Supreme Court has been asked to stop a federal court from implementing a state redistricting map in Texas that could increase minority representation in the state Legislature.

The state's attorney general, Greg Abbott, filed the request with the high court on Monday. The court-drawn map was drafted after minority groups challenged the original plan passed by the Republican-dominated state Legislature.

The map drawn by the San Antonio-based federal court could lead to greater minority representation and give Democrats a chance to add as many as a dozen seats in the Legislature. Abbott and other Republican leaders have denied that any of the legislature's redistricting maps would diminish minority voting power.

The court-ordered map will remain in place until the legal fights are resolved.


Accused White House shooter to appear in DC court
Top Legal News | 2011/11/21 17:32
A man accused of firing an assault rifle at the White House is expected to appear in court in Washington.

Oscar Ramiro Ortega-Hernandez is scheduled to appear in federal court Monday at 1:45 p.m.

Ortega was arrested last week in Pennsylvania. The Idaho Falls, Idaho, resident is accused of driving by the White House on the evening of Nov. 11 and firing at the White House from his vehicle. Authorities say one of the rounds he fired cracked a window of the first family's living quarters.

President Barack Obama and first lady Michelle Obama were away, and no one was injured.


Federman & Sherwood Announces Class Action Lawsuit
Legal Watch | 2011/11/21 17:32
On November 16, 2011, a class action lawsuit was filed in the United States District Court for the Central District of California against Keyuan Petrochemicals, Inc. The complaint alleges violations of federal securities laws, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, including allegations of issuing a series of material misrepresentations to the market which had the effect of artificially inflating the market price. The class period is from August 16, 2010 through October 7, 2011.

Plaintiff seeks to recover damages on behalf of the Class. If you are a member of the Class as described above, you may move the Court no later than Tuesday, January 17, 2012, to serve as a lead plaintiff for the Class. However, in order to do so, you must meet certain legal requirements pursuant to the Private Securities Litigation Reform Act of 1995.

If you wish to discuss this action, participate in this or any other lawsuit, or have any questions or concerns regarding this notice, or preservation of your rights, please contact: www.federmanlaw.com


NYC sues roll-your-own cigarette shops over taxes
Headline News | 2011/11/21 17:32
There is no place in the U.S. more expensive to smoke than New York City, where the taxes alone will set you back $5.85 per pack. Yet, addicts who visit Island Smokes, a "roll-your-own" cigarette shop in Chinatown, can walk out with an entire 10-pack carton for under $40, thanks to a yawning tax loophole that officials in several states are now trying to close.

The store is one of a growing number around the country that have come under fire over their use of high-speed cigarette rolling machines that function as miniature factories, and can package loose tobacco and rolling papers into neatly formed cigarettes, sometimes in just a few minutes.

The secret to Island's low prices is simple: Even though patrons leave carrying cartons that look very much like the Marlboros or Newports, the store charges taxes at the rate set for loose tobacco, which is just a fraction of what is charged for a commercially made pack.

Customers select a blend of tobacco leaves, intended to mirror the flavor of their regular brand. Then they feed the tobacco and some paper tubes into the machines, and return to the counter with the finished product to ring up the purchase.

The savings come at every level. Many stores sell customers loose pipe tobacco, which is taxed by the federal government at $2.80 per pound, compared with $25 per pound for tobacco made for cigarettes. The shops don't pay into the cigarette manufacturer trust fund, intended to reimburse government health programs for the cost of treating smoking-related illness. And the packs produced by "roll-your-own" shops are generally also being sold without local tax stamps, which in New York include a $1.50 city tax and a $4.35 state tax.

New York City's legal department filed a lawsuit against Island Smokes on Nov. 14, arguing that the company's Manhattan store and another on Staten Island are engaging in blatant tax evasion.


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