Saturday, March 8, 2014

High court sides with parent who fled with child


The Supreme Court has made it harder for a parent in a custody dispute to seek the immediate return of a child under an international treaty to deter child abduction.

The justices ruled unanimously Wednesday that a one-year clock begins ticking when a child is taken out of its country of residence, even if the parent left behind cannot determine where the child is living. In the one-year period, the Hague Convention on child abduction gives judges little option but to return the child to its home country.

After a year, judges have more discretion and must take account of evidence that the child is settled in its new home.

Fla. high court: Immigrant can't get law license


The Florida Supreme Court has ruled that immigrants in the country illegally can't be given a license to practice law.

The question was raised when a man who moved here from Mexico when he was 9 years old sought a license in Florida. The court said Thursday that federal law prohibits people who are unlawfully in the country from obtaining professional licenses. The justices said state law can override the federal ban, but Florida has taken no action to do so.

Earlier this year, the California Supreme Court granted a law license to Sergio Garcia, who arrived in the U.S. from Mexico as a teenager with his father. But that ruling was only after the state approved a law that allows immigrants in the country illegally to obtain the license.

Two men found guilty for selling U.S. company’s technology


A federal jury found two men guilty Wednesday of economic espionage involving the theft and sale of a U.S. company’s technology to a competitor controlled by the Chinese government.

The jury returned the verdicts against Robert Maegerle and Walter Liew.

They were accused of stealing Delaware-based DuPont Co.’s method for making titanium oxide, a chemical that fetches $17 billion a year in sales worldwide and is used to whiten everything from cars to the middle of Oreo cookies.

A federal jury found two men guilty Wednesday of economic espionage involving the theft and sale of a U.S. company’s technology to a competitor controlled by the Chinese government.

Prosecutors said DuPont was unwilling to sell its method to China, so it was stolen and sent to a company called Pangang Group Co. Ltd., according to testimony during the diplomatically dicey proceedings. The jury heard six weeks of testimony.

Prosecutors alleged that Pangang’s factory is the only facility inside China known to be producing titanium oxide the DuPont way, which uses chlorination.

Thursday, March 6, 2014

Court upholds $185 million award against Argentina


The Supreme Court has upheld a British natural gas company's multimillion dollar award against the government of Argentina.

BG Group won $185 million through arbitration of a dispute with Argentina over investment in natural gas development. An arbitration tribunal said the company did not have to first submit the dispute to Argentine courts before arbitration could begin.

Argentina asked a U.S. court to throw out the award. The federal appeals court in Washington, D.C., sided with Argentina because it found that judges, not arbitrators, should decide where attempts to resolve the dispute should begin.

But the Supreme Court said Wednesday the arbitrators get to make that call and that they were correct to rule in favor of BG Group in this case.

Monday, February 3, 2014

No mistrial for LA man who threw chair in court


A Los Angeles County judge has refused to declare a mistrial for a man who threw a chair and injured a police detective during his murder trial.

Superior Court Judge Ronald H. Rose also rejected a defense attorney's request Thursday for mental competency tests for Jesus Mendez.

But City News Service reports Mendez must be secured to a chair with handcuffs and restraining belt for the remainder of his trial.

Rose says the restraints must not be visible to the jury. Mendez had been appearing in court in civilian clothes without handcuffs to avoid prejudicing the jury.

Mendez threw the chair just after entering court Wednesday, hitting the detective in the head. She was hospitalized and in good condition.

Mendez is charged with fatally shooting a man during a robbery.

Monday, January 6, 2014

Pa. monsignor due in court after leaving prison


A Roman Catholic church official is due in court Monday for the first time since his conviction in the priest sex-abuse scandal was reversed.

Monsignor William Lynn is not quite a free man. He must remain under electronic monitoring while prosecutors try to restore the conviction.

Lynn served 18 months in prison for felony child-endangerment. He was the first U.S. church official ever convicted over his handling of abuse complaints.

Lynn says he tried to protect children as secretary for clergy in Philadelphia from 1992 to 2004, but prosecutors say he sought only to protect the church.

The 63-year-old Lynn will appear in court to review terms of his release from prison last week.

A judge says he must live in Philadelphia and report weekly to probation.

Friday, December 20, 2013

Affirmative action foe wins California court fight


In a bitter fight over the effects of affirmative action, the California Supreme Court ruled Thursday that law school data on race, attendance and grades should be available to the public.

The unanimous decision represents a legal victory for a law professor seeking to test his notion that minority students are actually harmed by preferential admissions policies.

University of California, Los Angeles law professor Richard Sander created a firestorm when he published his "mismatch theory" in the Stanford Law Review in 2004.

Critics swiftly attacked his conclusions, saying Sander understated the positive effects of affirmative action and based his thinking on inadequate statistics.

To further his research, Sander sought data on ethnicity and scholastic performance compiled by the State Bar of California with a public records request in 2008. The state bar denied the request, prompting the lawsuit.

Information compiled by the bar, a branch of the state judiciary responsible with licensing and disciplining lawyers, is "unparalleled," Sander said after the ruling Thursday.