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Court says Guantanamo documents should be released
Topics in Legal News | 2008/08/22 08:36
A British court ordered Foreign Secretary David Miliband on Thursday to disclose secret documents that could prove critical to the defense of a Guantanamo Bay detainee who claims he was tortured while in U.S. custody on terrorism charges.

Miliband now has a week to decide whether to comply with the order to release of the documents pertaining to Binyam Mohamed's detention. The British government has argued the release of the documents could compromise national security, and it could appeal the court order.

The High Court made the ruling in the case of Mohamed, who was captured in Pakistan in April 2002 and accused of conspiring with al-Qaida leaders to attack civilians. His lawyers say the British government is withholding information about his treatment in U.S. custody which is critical to his hope of receiving a fair trial.

"The information held by the foreign secretary is not merely necessary, but essential, if Binyam Mohamed is to have his case fairly considered," Judge John Thomas wrote in the 75-page judgment.

Mohamed claims he was transferred illegally from Pakistan to Morocco after his arrest and alleges he was tortured during his 18 months in detention. Neither the United States nor Britain has disclosed any information about his time in custody until he arrived at Guantanamo Bay in 2004.



Urban League Challenges Illinois School Funding
Topics in Legal News | 2008/08/21 07:09
Poor schools in Illinois suffer the nation's second-largest funding gap with wealthy districts because of the state's unconstitutional school funding formula that disparately hurt black and Latino students, the Chicago Urban League claims in Cook County Court.

As a result, poor and minority students face financial crises that force them into larger classes in poorly maintained facilities; programs for music, arts and sports have been slashed; and students are denied a "high quality" elementary and secondary education guaranteed under the Illinois Constitution, the complaint states.

Despite its great capacity for raising revenue and its obligations under the Illinois Constitution to take "primary responsibility" for school funding, the State over-relies on local property taxes to finance schools, states the complaint against the State of Illinois and the State Board of Education.

Plaintiffs, the Chicago Urban League and the Quad County Urban League, are represented by Lisa Scruggs with Jenner & Block.


Steve Wynn Sues Soft-Core Porn King
Topics in Legal News | 2008/08/13 07:15
"Girls Gone Wild" mogul Joseph Francis faces another lawsuit, this time from billionaire Stephen Wynn, who claims that Francis defamed him with the false accusation that Wynn stiffs high rollers in his hotel casinos.

Wynn, owner of Wynn Las Vegas and the Encore, first sued Francis in July, claiming the soft-core porn king owed $2 million in gambling debts from February 2007.

Francis insisted he had already paid his debt through agreements and discounts.

Francis told The Associated Press, "The Wynn Hotel has chosen not to honor its agreement to apply certain discounts to balances they have already been paid for."

Francis also indicated that he planned on "exposing how exactly Mr. Wynn deceives his high-end customers."
Wynn responded with this defamation lawsuit in Clark County Court, claiming he has suffered injury to his reputation and "shame, mortification, hurt feelings and emotional distress."

In June, Francis pleaded not guilty to charges of tax evasion for allegedly deducting more than $20 million of bogus business expenses on his 2002 and 2003 returns. Trial is set for Sept. 16 in Los Angeles.

Francis claims that he never saw his tax returns before they were filed, and that his accountant contacted the IRS after quitting and reported the accounting mistakes to collect money through the Tax Whistleblower Program.

Wynn is represented by Frank Schreck with Brownstein Hyatt


DuPont Loses Bid to Enforce Supply Contract
Topics in Legal News | 2008/08/12 07:09
A state judge denied E.I. du Pont de Nemours & Co.'s request to enforce a supply contract that Bayer CropScience canceled, threatening DuPont's supply of chemicals used in its Require and Resolve corn herbicides.

Vice Chancellor Stephen Lamb of the Delaware Chancery Court refused to grant an injunction requiring Bayer to carry through on its shipping commitment. Bayer claimed du Pont breached the contract by introducing a new product line that exceeds the scope of its license and violates the terms of the supply agreement.

But DuPont maintained that it never breached the contract, and asked the court to prevent Bayer from cutting off its chemical supply.

Concluding that the wording of the contract favors Bayer's interpretation, Vice Chancellor Lamb refused to issue the injunction.


DC Circuit dismisses Fannie Mae shareholder suit
Topics in Legal News | 2008/08/11 07:11
The US Court of Appeals for the DC Circuit on Friday dismissed a shareholder suit against government-sponsored lender Fannie Mae for alleged wrongdoing by the board of directors. Shareholders accused the board of failing to take appropriate steps in 2004 to prevent accounting violations, and also asserted that the board should not have approved $31 million in severance benefits for two officers who resigned as a result of the violations. Upholding the district court's decision, the DC Circuit held that it had the authority to hear claims against Fannie Mae, but that the appellants were not excused from making demand on the board prior to filing suit. Judge Kavanaugh commented, "The story of Fannie Mae told by these reports is disturbing." Later in the opinion, he wrote:
According to plaintiffs, the complaint alleges that the directors crossed that line by failing to adequately respond to several “red flags”: (1) a $200 million audit difference originating in 1998; (2) a whistleblower’s complaints that Fannie Mae was improperly manipulating earnings; (3) signs that Fannie Mae management was using improper hedge accounting practices; and (4) sister company Freddie Mac’s disclosure in 2003 that it had understated profits. We disagree that these allegations create a“substantial likelihood” of personal liability for the directors. On each claim, the Board or its relevant committee looked into the matter and relied on internal or external accounting experts and officials responsible for those matters.
Also Friday, Fannie Mae announced a second quarter loss in excess of $2 billion, prompting careful evaluation of recent legislative action and leading to increased speculation about a government "bailout".

In October 2004, the US Department of Justice began an investigation into whether Fannie Mae broke accounting rules to boost earnings and executive bonuses, but dropped the investigation in August 2006. In May 2005, Fannie Mae agreed to pay $400 million as part of a settlement with regulators at the Securities and Exchange Commission. In April of this year, former CEO Franklin Raines agreed to pay $24.7 million to settle a related civil lawsuit brought by the Office of Federal Housing Enterprise Oversight.


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