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Canada-U.S. lumber spat gets split court ruling
Law Firm News |
2008/03/03 12:30
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A London arbitration court has issued a split ruling on Canadian softwood lumber shipments to the United States in the latest installment of the two countries' long-running trade feud.pThe ruling, released on Tuesday, addresses the first of two complaints the Bush administration has lodged, alleging that Canada had breached a 2006 trade deal by shipping too much lumber and exacerbating woes for struggling U.S. lumber firms./ppThe United States accused Canada of misinterpreting the agreement to give its exporters an unfair advantage.
/ppThe ruling marked a victory for the Western Canadian provinces of British Columbia and Alberta when the panel found against the U.S. claim that the provinces owed millions of dollars in export taxes aimed at limiting export surges./ppUnder the deal, Canadian lumber exporters can either pay export charges of up to 15 percent based on their selling price to the United States or cap the charge at 5 percent along with an export quota that restrains volume./ppBritish Columbia has traditionally produced about half of all the softwood that Canada exports to the United States./ppHowever, the court found that Quebec and Ontario in Canada's east, which are also big producers and use the quota option to limit their exports, had sent too much lumber south./ppUnder the panel decision, producers in the east of Canada will be penalized for over-shipping their allowable quota, said Zoltan van Heyningen, executive director of the Coalition for Fair Lumber Imports, the U.S. industry group that has been driving the complaints from Washington./ppCanada claimed at least partial victory and said the ruling was a healthy step for the bilateral 2006 agreement, which was designed to avoid repeating years of long, costly lawsuits./ppWhile Canada believes that it has fully complied with the agreement, we respect the tribunal's ruling ... Today's decision provides clarity with respect to the implementation of the SLA (Softwood Lumber Agreement) in the future, said Canadian Trade Minister David Emerson./ppThe United States had argued that the starting point for calculating export charges and volumes should be the first quarter of 2007, while Canada argued it should be July 2007. The court sided with the United States on that issue./p |
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Court may opt to pay fees from Bible suit
Legal Line News |
2008/03/03 11:28
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| pHarris County Commissioners Court will decide today whether it will pay about $400,000 in legal fees to a woman who sued to have a Bible removed from a monument near the downtown civil courthouse./ppAll but about $40,000 in fees were incurred after the county appealed the case to the U.S. Supreme Court./ppHarris County officials have been poor stewards of taxpayers' money, said Randall Kallinen, lawyer for Kay Staley, a real estate agent and lawyer who sued to have the Bible removed. They knew displaying the Bible was unconstitutional, and they continued fighting for political reasons./ppCounty Attorney Mike Stafford said the county appealed the case because officials believed that there was a constitutional question about whether a Bible could be part of a display honoring a person./ppYou can't just look at what the trial court does and give up, he said./ppThe court is scheduled to discuss possible payment of the legal fees in executive session./ppIn 1956, the county gave Star of Hope mission permission to erect the monument with a Bible displayed in it to honor a key benefactor, William Mosher. The monument was near the entrance of the then-Civil Courts Building on Fannin./ppFour years ago, U.S. District Judge Sim Lake ruled that the display violated the First Amendment's Establishment Clause, which prohibits governments from endorsing or inhibiting a religion. Lake ruled the display promoted Christianity, and the Bible was taken out./ppThe case could have ended a year ago when the U.S. Fifth Circuit Court of Appeals declared the case moot after the county moved the monument while the Civil Courts Building was restored. But the county appealed to the Supreme Court./p |
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Suspect in Ivy League ID Theft in Court
U.S. Court News |
2008/03/03 11:27
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| A woman accused of using a missing person's identity to get into an Ivy League school made her first court appearance Monday, and the victim's relatives said they just want the theft suspect punished.pWhen Esther Elizabeth Reed was indicted last year, Brooke Henson's relatives said they hoped Reed could tell authorities where to find her./ppOf course at first, it was just giving us hope that Brooke was alive, Lisa Henson, Brooke's aunt, said Monday./ppInvestigators have since said they don't think Reed had anything to do with Henson's 1999 disappearance./ppReed is accused of stealing Henson's identity in 2003 and posing as her to obtain false identification documents, take a high school equivalency test and get into Columbia University./ppShe was indicted last year and made her first court appearance Monday on federal charges of identity theft, mail and wire fraud and obtaining false identification documents. If convicted on all four charges, Reed faces a possible $1 million fine and 47 years in prison, time Lisa Henson said she hopes Reed will serve./p |
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Justices reject appeal by Adelphia founder, son
Legal News |
2008/03/03 11:20
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| The U.S. Supreme Court rejected on Monday an appeal by Adelphia Communications Corp founder John Rigas and his son Timothy of their conspiracy and fraud convictions.span id=midArticle_byline/spanspan id=midArticle_0/spanpThe justices declined to review a ruling by a U.S. appeals court in New York which upheld the pair's convictions on 22 of 23 counts of conspiracy and securities and bank fraud./pspan id=midArticle_1/spanpA jury found the father and son guilty in 2004 of the charges that accused them of concealing loans and stealing millions from the cable operator./pspan id=midArticle_2/spanpJohn Rigas, formerly Adelphia's president and chief executive officer, was sentenced in 2005 to 15 years in prison, while Timothy Rigas, the former finance chief, was sentenced to 20 years. They began serving their prison terms last year./pspan id=midArticle_3/spanpIn the appeal, defense attorneys argued that federal prosecutors were required to prove that John and Timothy Rigas had violated Generally Accepted Accounting Principles or call an expert accounting witness in order to convict them of securities fraud./pspan id=midArticle_4/spanpThe attorneys also argued that the reversal by the appeals court of the bank fraud convictions on count 23 for John and Timothy Rigas required the reversal of their bank fraud convictions on count 22./p |
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