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Germany vs Italy in World Court over WWII claims
Headline Legal News |
2008/12/26 09:14
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| Germany has filed suit at the World Court asking Italy to stop its legal system from awarding damages to victims of Nazi war crimes.pThe complaint, filed Tuesday in The Hague, follows a ruling by Italy's top criminal court ordering Berlin to pay euro1 million (US$1.4 million) in damages to nine relatives of victims of a June 1944 massacre in the Tuscan town of Civitella./ppIn the atrocity, German soldiers killed more than 200 civilians to avenge a deadly attack by partisans./ppIn its filing with the World Court, Germany argued that as a sovereign state it has immunity in Italian courts, and that any decision rendered in the Italian judiciary is unenforceable./ppGermany, which says it has paid reparations for Nazi crimes under international treaties with Italy, rejected the ruling handed down by Italy's Court of Cassation two months ago./ppGerman Foreign Ministry spokesman Jens Ploetner said seeking compensation for World War II crimes was morally understandable but it is, in judicial terms, the wrong way to address this injustice, and so this ruling is not acceptable for us./ppCompensation claims against Germany have been winding through the Italian judiciary since the late 1990s, when Luigi Ferrini sought restitution for his arrest and deportation to Germany in 1944 to work as a slave laborer in the Nazi armaments industry./ppGermany fought the case, pleading immunity. Ferrini lost in two lower courts before the Court of Cassation overturned the previous decisions in 2004 and recognized Italian jurisdiction./p |
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Prosecutors to court: Get on with Jefferson trial
Headline Legal News |
2008/12/26 09:13
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| Federal prosecutors are urging an appeals court to get on with Rep. William Jefferson's corruption trial, saying his appeal to the Supreme Court does not have enough chance of success to justify further delays.pJefferson. D-La., was indicted on bribery charges after agents found $90,000 in his freezer. He has pleaded not guilty and his lawyers argue that his trial should be delayed pending his appeal to the U.S. Supreme Court./ppJefferson argues that the charges are invalid because a grand jury got access to information about his actions as a member of Congress. That, Jefferson claims, runs afoul of a constitutional clause that shields members of Congress from civil or criminal action stemming from the performance of their legislative duties./ppBut in a brief filed this week in Richmond, Va., with the 4th U.S. Circuit Court of Appeals, prosecutor Mark Lytle said delaying the trial would cause further prejudice, or harm, to the government's case against the nine-term congressman. The government brought the charges 18 months ago./ppJefferson, Lytle wrote, has not shown the required reasonable probability of success with the high court on the merits of his case./p |
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Court reinstates clean air rule during EPA fix
Topics in Legal News |
2008/12/24 09:14
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| In a ruling hailed by environmentalists, a federal appeals court on Tuesday reinstated one of President George W. Bush's clean air regulations while the Environmental Protection Agency makes court-mandated changes.pIn July, the U.S. Appeals Court for the District of Columbia Circuit threw out the Clean Air Interstate Rule, which required 28 mostly Eastern states to reduce smog-forming and soot-producing emissions that can travel long distances in the wind./ppThe court said the EPA overstepped its authority by instituting the rule, citing more than several fatal flaws in the regulation. However, a three-judge panel decided to reinstate the rule while the EPA develops a new clean air program./ppJudge Judith W. Rogers said allowing the country to go without the protection of CAIR while the EPA fixes it would sacrifice clear benefits to public health and the environment./ppThe judges did not give EPA a deadline to come up with new regulations, but warned the agency that this decision is not an indefinite stay of its July ruling./ppThe Environmental Protection Agency had predicted that the Clean Air Interstate Rule would prevent about 17,000 premature deaths a year by dramatically reducing sulfur dioxide and nitrogen oxide emissions. In addition, the EPA said the rule would save up to $100 billion in health benefits, eliminate millions of lost work and school days and prevent tens of thousands of nonfatal heart attacks./p |
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Clayton State Alumna, Katie Fagan, joins SWB
Uncategorized |
2008/12/23 14:57
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Smith, Welch amp; Brittain LLP, Attorneys at Law is proud to announce that Katie Fagan, a Clayton College amp; State University graduate has joined our firm as an associate. Ms. Fagan graduated cum laude from the Mercer University, Mercer University’s Walter F. George School of Law in 2008.
Mrs. Fagan began interning for Smith, Welch amp; Brittain in the summer of 2006. She is a member of the Georgia Bar Association, the Henry County Bar Association, the Georgia Association of Women Lawyers and also coaches for the Eagle’s Landing High School Mock Trial team.
Smith, Welch amp; Brittain, LLP was established in McDonough in 1873. The firm currently operates offices in McDonough, Stockbridge, Jackson and Barnesville. SWB includes 20 attorneys and more than 50 support staff. |
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SIROTE'S DAN BURNICK LAUNCHES EMPLOYMENT BLOG
Law Firm News/Alabama |
2008/12/23 11:16
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Birmingham, Alabama — Sirote amp; Permutt Shareholder Daniel J. Burnick has launched the Alabama Employment Law Report , a blog discussing current issues in employment and labor law, with a particular emphasis on the state of Alabama. Mr. Burnick's blog is the first such online resource being offered in Alabama. Mr. Burnick is resident in Sirote's Birmingham office and is the former chair of the firm's Labor amp; Employment Practice. Initial blog entries have covered such topics as behavior at holiday office parties, military leave and the Family Medical Leave Act, sexual misconduct, and recent changes in the Americans with Disabilities Act.
Mr. Burnick will post entries on a a regular basis . To visit the Alabama Employment Law Report blog , go to a href=http://www.alabamaemploymentlawblog.comhttp://www.alabamaemploymentlawblog.com/a |
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Alamo seeks removal of religious language in suit
Legal News |
2008/12/23 09:16
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| A lawyer for jailed evangelist Tony Alamo asked a federal court Tuesday to remove religious references from a lawsuit against his client, saying they have the potential to draw the court into theological debate to decide the case.pJohn Hall of Little Rock said in a court filing that claims made by two former members of the Tony Alamo Christian Ministries were based on religious beliefs and not matters for argument in a court of law./ppHall gave as examples claims that Alamo engaged in practices to intimidate church members by withholding food, marrying young girls and performing severe beatings. Hall said Alamo's defense to each of these allegations was based largely on the Bible, and the filing cites numerous biblical passages./ppAll of these fall within the ambit of defendant's religious beliefs, the filing says./ppThe suit, filed Nov. 25 in federal district court at Texarkana, claims that Seth Calagna and Spencer Ondrisek were beaten and subjected to abuse as teenagers in the church. The suit says the former church members, now adults, suffered physical pain, emotional distress, scarring and disfigurement. It seeks more than $75,000 in damages./p |
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