Appeals court rules against imprisoned American
National News
A federal appeals court has ruled against a government subcontractor imprisoned in Cuba who is seeking to sue the U.S. government for the destruction of his business.
Alan Gross was detained in December 2009 while setting up Internet access as a subcontractor for the U.S. government's Agency for International Development. It was his fifth trip to Cuba to work with Jewish communities on building Internet access that bypassed local censorship.
Cuba considers USAID programs illegal attempts by the U.S. to undermine the Cuban government. Gross was tried and sentenced to 15 years in prison in Cuba, where he remains. Gross and his wife sued for negligence.
In a 3-0 decision Friday, the U.S. Court of Appeals for the District of Columbia Circuit said the U.S. government is immune from any claim arising in a foreign country. It affirmed a lower court judge's dismissal of the case.
The Grosses said the government is cloaking itself in immunity after sending Gross into a situation it knew would be dangerous.
Scott Gilbet, a lawyer representing the Grosses, said he will be seeking further review in the courts and that "we are very disappointed in the decision."
The $60 million lawsuit blames the U.S. government and the contractor Gross was working for, Maryland-based Development Alternatives Inc., for failing to appropriately prepare him for his work in Cuba. The Gross family settled for an undisclosed amount with Development Alternatives.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.