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German sues Macedonia in EU human rights court
Court Line | 2012/05/17 05:43

A German who claims the CIA illegally whisked him to a secret prison in Afghanistan appeared before Europe's human rights court Wednesday in what could be the final chapter of a case that has shed light on U.S. practices in the war on terror.

Khaled El-Masri, who is of Lebanese descent, says he was brutally interrogated at a secret CIA-run prison in Afghanistan for more than four months after being kidnapped from Macedonia in 2003, apparently mistaken for a terror suspect. He says he went on a hunger strike for 27 days and was eventually flown back to Europe and abandoned in a mountainous area in Albania.

Having failed with previous legal efforts in Germany, Macedonia and the United States, el-Masri has turned to the European Court of Human Rights as a last resort in the hope that it will declare that Macedonia breached his basic rights, said his lawyer.

"Mr. El-Masri has spent the last eight years seeking legal redress for the crimes that were committed against him," James Goldston told The Associated Press in a telephone interview. "There is abundant evidence including data on CIA flights to and from (Macedonia's capital) Skopje."

Authorities in Macedonia have denied any involvement in el-Masri's alleged kidnapping and sought Wednesday to have the Strasbourg, France-based court dismiss the case. A lawyer representing the small southeast European nation argued that el-Masri was too slow in filing his initial criminal complaint in Macedonia.


Court to decide if deportation ruling retroactive
Court Line | 2012/05/01 17:11

The Supreme Court will decide whether to apply retroactively its 2010 decision that immigrants have a right to be told that a guilty plea could lead to their deportation.

The high court on Monday agreed to hear an appeal from Roselva Chaidez, who was in the process of being deported when the court made that March 2010 decision.

Chaidez pleaded guilty to fraud in 2004 after falsely claiming to be a passenger in a car wreck. Authorities started deportation procedures while she was applying for U.S. citizenship in 2007.

Her lawyer never told her that her fraud conviction may lead to her deportation. Chaidez says she should be able to take advantage of the Supreme Court decision that cemented that principle.


BofA investor lawsuit wins class-action status
Court Line | 2012/02/08 17:43

Investors suing Bank of America Corp won class-action status for their lawsuit accusing the bank of fraudulently misleading them about the 2008 takeover of Merrill Lynch & Co and the size of Merrill's losses and bonus payouts.

U.S. District Judge P. Kevin Castel in Manhattan on Monday rejected the second-largest U.S. bank's argument that the investors could not prove they suffered losses by relying on materially misleading statements or omissions.

Among the other defendants who were also sued and opposed class certification were former Bank of America Chief Executive Kenneth Lewis, former Merrill Chief Executive John Thain, former Bank of America Chief Financial Officer Joe Price, and Bank of America's board of directors.

Lewis had won initial praise for saving Merrill from possible collapse when he agreed to buy it on September 15, 2008, the day Lehman Brothers Holdings Inc went bankrupt.

But investors later faulted the bank for not disclosing the scope of Merrill's soaring losses, which reached $15.84 billion in the fourth quarter of 2008, before December 2008 shareholder votes on the merger. They also objected to Merrill's having paid $3.6 billion of bonuses despite the losses.


Attorney: Texas redistricting talks have stalled
Court Line | 2012/01/31 18:17

Negotiations between minority groups and Texas officials in a lengthy clash over new political districts appeared stalled Monday as both sides prepared to argue in Washington over whether the Republican-drawn maps violate the federal Voting Rights Act.

An attorney for the League of United Latin American Citizens, one of nine groups suing to block the maps, said negotiations to create temporary maps so Texas could salvage an April 3 primary date hit an impasse over the weekend. Both sides have another week to work out a deal, but Luis Vera, LULAC's general counsel, said he was not optimistic.

"It just doesn't seem feasible," he said.

A federal court in San Antonio last week gave the sides until Feb. 6 to draw up the temporary maps that would remain in place through November's election. If they don't, Texas' primaries will be pushed back for a second time. They were originally scheduled for March.

Lauren Bean, a spokeswoman for the Texas attorney general's office, said her office was not commenting on the negotiations.

Vera said a major obstacle is that the state isn't involving all parties in the negotiations. Gary Bledsoe, president of the Texas NAACP that is among the nine plaintiffs, said the state was mainly negotiating with the Mexican American Legal Defense and Education Fund and the Mexican American Legislative Caucus.


NJ gov picks gay black man, Asian for top court
Court Line | 2012/01/24 17:22

Gov. Chris Christie moved to diversify the state's all-white Supreme Court on Monday with two firsts: the nominations of an openly gay black man and a Korean-born prosecutor to fill two vacancies.

If confirmed, Bruce A. Harris would become New Jersey's first openly gay justice, and Phillip H. Kwon would become its first Asian representative and the first justice born outside the United States.

Christie, a Republican, said he had "extreme confidence" in the records and intellects of his nominees, neither of whom has been a judge.

"I felt strongly about making sure the court have diversity but first and foremost that the court have quality justices who make sure they take the court in a direction that is a responsible one for the future of our state and its people," Christie said at a news conference attended by the nominees and their families.

Harris, 61, is the Republican mayor of Chatham Borough in Morris County, a post Christie said he would give up if confirmed. He would be the third African-American to be seated on the court.


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