Criminal Law Library Blog
April 13 – April 17, 2009
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U.S. 2nd Circuit Court of Appeals, April 16, 2009 Matar v. Dichter, No. 07-2579 In an action broungt by survivors of Israeli bombing in Gaza, seeking damages for war crimes and violations of international law, district court’s dismissal of plaintiff’s claims for lack of jurisdiction on grounds that defendant is immune from suit under the Foreign Sovereign Immunities Act is affirmed where, although questions exist as to whether the Act applies to former officials like defendant or not, common law principles that predate and survive the enactment of the Act still apply and recognize the immunity of former foreign officials for acts performed in their official capacity.
U.S. 6th Circuit Court of Appeals, April 16, 2009 Doe v. Briley, No. 07-6300 In an appeal from the District Court’s order vacating a consent decree prohibiting the dissemination of certain arrest records, the order is affirmed, where the Due Process Clause does not protect citizens’ interest in their reputation, and thus the basis for the consent decree was erroneous. .
U.S. 10th Circuit Court of Appeals, April 17, 2009 Kansas Judicial Review v. Stout, No. 06-3290 In a First Amendment challenge to Kansas state judicial ethics canons, a preliminary injunction entered in favor of Plaintiffs is vacated, where the Kansas Supreme Court changed the canons while the appeal was pending and thus rendered the action moot.
California Appellate Districts, April 16, 2009 World Fin. Group, Inc. v. HBW Ins. & Fin. Serv., Inc., No. B210884 In an action involving trade secrets and confidential information, trial court’s denial of defendant’s Anti-SLAPP motion to strike the complaint filed against them by plaintiff is affirmed where defendants failed to meet their burden of proof to show plaintiff’s complaint was based on defendant’s protected activity arising out of acts done in furtherance of their free speech rights.