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Guatemala mom to ask US court help on adopted girl
Court Issues |
2012/05/17 05:37
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A Guatemalan mother who says her child was stolen and later turned over to a U.S. couple for adoption said Tuesday that she will go to a Missouri court seeking to get her daughter back now that the U.S. State Department has said it doesn't have jurisdiction to help return the girl.
The State Department confirmed Tuesday that it has informed Guatemala's government that it can't help return Anyeli Hernandez Rodriguez because the U.S. and Guatemala had not signed the Hague Abduction Convention at the time of the alleged kidnapping in 2006.
"We're obviously deeply concerned about allegations regarding stolen children and inter-country adoptions wherever these cases come up," State Department spokeswoman Victoria Nuland said in a statement. "We consider the appropriate venue in the United States for pursuing this case is in the state courts. They're the competent organ for holding a full hearing on the merits and the best interests of the child."
A human rights group that has pursued the case in Guatemala's courts on behalf of the child's biological mother, Loyda Rodriguez, said the next step will be to find a U.S. law firm to file a civil suit charging immigration fraud. |
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British arms-to-Iran suspect faces Texas court
Court Issues |
2012/02/27 18:25
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A retired British businessman is to appear in a federal court in El Paso after being extradited last week on charges that he tried to sell missile batteries to Iran in 2006.
Christopher Tappin turned himself in Friday after fighting extradition from the United Kingdom for two years. Two other men were sentenced in 2007 to 20 and 24 months in federal prison for their roles in the scheme.
The 65-year-old Tappin was denied a final appeal of his extradition last month and delivered to El Paso by federal marshals. His deportation sparked a debate in the U.K. over whether British and American citizens are treated equally under the two countries' extradition treaty.
Don Cogdell, Tappin's attorney in Texas, said he plans to aggressively push to have Tappin granted bail. |
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Court says police cannot be sued over warrant
Court Issues |
2012/02/22 17:56
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The Supreme Court said Wednesday that California police officers cannot be sued because they used a warrant that may have been defective to search a woman's house.
The high court threw out the lawsuit against Los Angeles County Sheriff's Detective Curt Messerschmidt and other police officials, who were being sued personally by Augusta Millender for the search on her house and confiscation of her shotgun.
Police were looking for her foster son, Jerry Ray Bowen, who had recently shot at his ex-girlfriend with a black sawed-off shotgun. She told police that he may be at his foster mother's house, so Messerschmidt got a warrant to look for any weapons on the property and gang-related material, since Bowen was supposed to be a member of the Mona Park Crips and the Dodge Park Crips. The detective had his supervisors approve the warrant before submitting to the district attorney and a judge, who also approved the warrant. |
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BofA investor lawsuit wins class-action status
Court Issues |
2012/02/08 17:43
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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. |
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