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German Court Begins Hearing Afghan Airstrike Case
Court and Trial | 2013/11/03 13:13
A court in Germany has begun hearing a civil case brought by relatives of some of the 91 Afghans killed in a NATO airstrike four years ago.

Bonn regional court spokesman Philipp Prietze said Wednesday that the court reviewed video recorded by two U.S. fighter jets involved in the airstrike in the Afghan province of Kunduz on Sept. 4, 2009.

The strike was ordered by a German colonel fearful that insurgents would use two stolen fuel tankers to attack his troops.

Germany paid $5,000 each to victims' families, but some are seeking additional compensation. Most of the dead were civilians.

Separately, Germany said it would offer refuge to 182 Afghan translators and drivers who could face persecution after Western troops leave Afghanistan because they worked for the German military.


Judge says Episcopal issues belong in state court
Court and Trial | 2013/08/27 15:42
U.S. District Judge C. Weston Houck has ruled for the second time in recent months that legal issues arising from the Episcopal schism in eastern South Carolina belong in state court, not federal court.

Houck dismissed a federal lawsuit late Friday brought by Bishop Charles vonRosenberg, the bishop of parishes remaining with the national Episcopal Church.

The bishop had asked Houck to block Bishop Mark Lawrence, the spiritual head of churches that left the national church, from using the name and symbols of the Episcopal Diocese of South Carolina.

But Houck ruled the issues "are more appropriately before, and will more comprehensively be resolved, in South Carolina state court."

Lawrence and churches in the conservative diocese separated from the more liberal national church last year. Those parishes later sued in state court to protect their use of the diocesan name and symbols and title to a half billion dollars in church property.

In a consent order agreed to by both sides and signed by a state judge earlier this year, Lawrence and those parishes were given the right to use the name and symbols.

Parishes remaining with the national church later tried to move that case to federal court, but Houck ruled in June that doing so would disrupt the balance between state and federal courts.



Coast Guard takes rape case to SC court-martial
Court and Trial | 2013/07/02 13:16
A Coast Guard petty officer accused of rape, sexual assault and other charges will face a court-martial expected to begin in September in South Carolina, military officials said Tuesday.

The commander of the Coast Guard district headquartered in Portsmouth, Va., said in a news release that a hearing found grounds to put Petty Officer 2nd Class Omar Gomez on trial in Charleston.

The charges allege that Gomez, 35, engaged in a range of sexual misconduct from rape to inappropriate comments involving two civilians and six Coast Guard women.

The investigation began after a reported sexual assault last September aboard the Coast Guard Cutter Gallatin, which is based in Charleston. Officials say that led to other cases ranging from the Seattle area to Honduras and Guantanamo Bay, Cuba.

Gomez has been assigned to another unit in South Carolina.

A charge related to an alleged 2006 rape will not be pursued because the victim decided not to participate in legal proceedings, the Coast Guard said.


Court hears arguments on NYC's big soda ban
Court and Trial | 2013/06/13 23:50
A state appeals court panel had few sweet words Tuesday for a city health regulation that would fight diabetes and obesity by setting a size limit on sugary beverages sold in restaurants.

The four justices peppered a city lawyer with tough questions during a Manhattan court session aimed at determining whether health officials exceeded their authority in placing a 16-ounce limit on most sweetened beverages at city-licensed eateries.

The regulation would apply to thousands of fast food joints, fine restaurants and sports stadiums, but not to supermarkets or most convenience stores. It was struck down in March by a lower-court judge, who found that the rules had too many loopholes that would undermine the health benefits while arbitrarily applying to some businesses but not others. The city appealed.

During oral arguments in the case Tuesday, the judges repeatedly challenged city attorney Fay Ng to defend the rule's scientific and legal underpinnings.

Justice David Friedman said the city appeared to be asking for unprecedented authority to regulate all sorts of portion sizes, including the number of doughnuts a person could eat, the number of scoops of ice cream and number of servings of fried chicken.


Los Angeles jeweler pleads guilty in KPMG case
Court and Trial | 2013/05/23 11:51
The owner of a Los Angeles jewelry store pleaded guilty Monday for his role in an insider-trading case involving a former senior partner at accounting firm KPMG.

Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.

In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing, said Shaw's attorney Nathan Hochman.

Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.

In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.

London, 50, who was fired from KPMG, also is charged with conspiracy and is scheduled to be arraigned next week.


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