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Lawyers for Egypt's Islamists see high court as last refuge
Legal News | 2016/12/17 00:38
Twice this month, Egypt's highest appeals court has struck down harsh sentences against Mohammed Morsi, the elected Islamist president overthrown by the military in 2013, giving some hope to thousands of his supporters, who were jailed or sentenced to death by hasty verdicts following mass trials.

Mohammed Morsi's Muslim Brotherhood is outlawed as a terrorist group, and the court has upheld heavy sentences against its members. But its quashing of some of the faultiest rulings has led lawyers to see the appeals court as a last refuge for justice.

President Abdel-Fattah el-Sissi and other top officials have long insisted that Egypt's judiciary is independent of the government and does not engage in show trials.

But a series of swift, mass verdicts issued in the tumultuous months after Morsi's ouster, as security forces were cracking down on his supporters and violently dispersing protests, raised the possibility that Egypt might execute the Brotherhood's leadership.

Many judges on the lower courts openly expressed their disdain for the Islamists and their desire to impose order after the turmoil that followed the 2011 uprising. Defense lawyers say they often relied on faulty police reports citing anonymous security sources.

Among the most notorious rulings were those by a court in the southern city of Minya, which sentenced more than 1,000 alleged Morsi supporters to death in two mass trials that each lasted only a few days. Some of those death sentences were later rescinded by a religious authority, and many of the defendants appealed the rulings and were granted retrials. None were executed.

Scores of other cases were reversed by the Court of Cassation, whose members are appointed by the Supreme Judicial Council, a panel of the country's most experienced and well-respected judges.

Rights lawyers see it as a refuge for those who have been tried, convicted and condemned by the lower courts, as well as public opinion.


US Supreme Court could hear Charleston company, Lexmark case
Legal Line News | 2016/12/17 00:38
A small Charleston company that refills and resells empty toner cartridges could soon be defending itself before the U.S. Supreme Court in a dispute that could affect huge tech companies and pharmaceutical firms.

Lexmark, a Lexington, Kentucky-based printing corporation, sued Impression Products, accusing the company of patent infringement for selling its cartridges, The Charleston Gazette-Mail reported.

At issue is what is known as the first-sale doctrine, a principle limiting a patent holder's rights after a product has been sold once.

Impression Products argued Lexmark's patents on its cartridges are no longer effective after the cartridges are sold, allowing the smaller company to sell them freely. Lexmark cartridges can cost up to hundreds of dollars, and Impression Products sells used ones at a lower price.

In February, a federal court sided with Lexmark, saying the corporation's patent rights weren't exhausted, regardless of whether the cartridges were being purchased from U.S. or foreign suppliers — Impression Products has purchased toner cartridges from Canadian suppliers in the past.

Last month, the federal government recommended the Supreme Court review the case.

Impression Products President Eric Smith explained that while this doesn't guarantee that the justices will review the case, it sharply increases the probability of it happening.

The implications of the case go beyond ink cartridges, as Samsung and Google have backed Impression Products' argument. The tech giants operate foreign supply chains that would have to jump through additional hoops if the first-sale doctrine did not apply for foreign purchases. Pharmaceutical companies such as Pfizer have supported Lexmark, with a Lexmark victory likely giving their own patents greater protection.


Supreme Court takes up cases about race in redistricting
U.S. Court News | 2016/12/17 00:37
The Supreme Court is taking up a pair of cases in which African-American voters maintain that Southern states discriminated against them in drawing electoral districts.

The justices are hearing arguments Monday in redistricting disputes from North Carolina and Virginia.

The claim made by black voters in both states is that Republicans created districts with more reliably Democratic black voters than necessary to elect their preferred candidates, making neighboring districts whiter and more Republican.

A federal court struck down two North Carolina districts as unconstitutional because they relied too heavily on race. In Virginia, a court rejected a constitutional challenge to 12 state legislative districts. The justices have frequently considered the intersection of race and politics.



Muslim cleric is in US court fighting against deportation
U.S. Court News | 2016/12/07 23:53
The leader of one of New Jersey's largest mosques has taken the stand to defend himself against charges that he lied on his green card application.

Imam Mohammad Qatanani is the leader of the Islamic Center of Passaic County.

A judge ruled against immigration authorities' attempt to have him deported eight years ago. Federal officials say he didn't disclose that he'd been convicted in Israel for being a member of Hamas.

Qatanani began testifying Tuesday before an immigration court judge in Newark as part of the appeals process.

Qatanani denies he was ever part of the group classified as a terrorist organization by the U.S. government. He says he was only detained and never convicted.

Qatanani came to the U.S. from Jordan. He was born in the West Bank.



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