BAN STRONGLY CONDEMNS ATTACKS IN NIGERIA’S BORNO STATE, URGES DIALOGUE OF MR BONO

Of House of Representative Bono approach to Free Information of Trade
Mr. BONO (for himself and Mr. GOODE) introduced the following bill;
which was referred to the Committee on the Judiciary

A BILL

To provide certain immunities from civil liability for trade and
professional associations.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the 'Trade and Professional Association Free
Flow of Information Act of 1997'.

SEC. 2. DEFINITIONS.
As used in this Act--

(1) the term 'trade and professional associations' means those
organizations described in section 501(c) of the Internal Revenue Code
of 1986 that are exempt from tax under section 501(a) of such Code;
and

(2) the term 'State' includes the District of Columbia and any
commonwealth, territory, or possession of the United States.

SEC. 3. QUALIFIED IMMUNITY FROM CIVIL LIABILITY.
Acts done for the purpose of transmitting information between and
among trade and professional associations and their members regarding
product defects, quality, or performance shall be immune from
liability in any civil action, except to the extent such acts are
proven by clear and convincing evidence to involve factual statements
that are fraudulent, knowingly false, or made with a reckless
indifference to their truth or falsity.

SEC. 4. SPECIAL MOTION TO STRIKE.
A trade or professional association may file a special motion to
strike any claim in any judicial proceeding on the ground that the
claim is based on or relates to an act that is immune from liability
under section 3. A party filing such a motion shall have the right to
remove the case to Federal court pursuant to section 1331 of title 28,
United States Code.

SEC. 5. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO STRIKE.
On the filing of any motion under section 4--

(1) the motion shall be treated as one for summary judgment under Rule
56 of the Federal Rules of Civil Procedure or its equivalent under the
procedures of applicable State law;

(2) the trial court shall hear the motion within a time period
appropriate for preferred or expedited motions;

(3) the moving party shall have a right to an interlocutory, expedited
appeal from a trial court order denying such a motion or from a trial
court's failure to rule on such a motion in expedited fashion;

(4) discovery shall be suspended, pending decision on the motion and appeal;

(5) the responding party shall have the burden of proof of going
forward with the evidence and the burden of persuasion on the motion;

(6) the court shall make its determination based upon the facts
contained in the pleadings and affidavits filed;

(7) the court shall grant the motion and dismiss the claim, unless the
responding party proves, by clear and convincing evidence, that the
acts of the

moving party are not immunized from liability under section 3; and

(8) the court shall award to a prevailing moving party its costs of
litigation, including reasonable attorney and expert witness fees,
incurred in connection with the motion.

SEC. 6. QUALIFIED IMMUNITY FROM THIRD-PARTY DISCOVERY.
Trade and professional associations shall not be required to comply
with subpoenas served by a party to a civil action regarding product
defects, quality, or performance, to which the association is not a
party, unless the party serving the subpoena has established by clear
and convincing evidence that--

(1) the materials or information sought by the subpoena are directly
relevant to the civil action; and

(2) the party serving the subpoena has a compelling need for the
materials or information because they are not otherwise available.

SEC. 7. SPECIAL MOTION TO QUASH.
A trade or professional association may file a special motion to quash
a subpoena in order to enforce the provisions of section 6. A party
filing such a motion shall have the right to remove the case to
Federal court pursuant to section 1331 of title 28, United States
Code.

SEC. 8. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO QUASH.
On the filing of any motion under section 7--

(1) the trial court shall hear the motion within a time period
appropriate for preferred or expedited motions;

(2) the moving party shall have a right to an interlocutory, expedited
appeal from a trial court order denying such a motion or from the
trial court's failure to rule on such a motion in expedited fashion;

(3) compliance with the subpoena shall be suspended, pending decision
on the motion and appeal;

(4) the responding party shall have the burden of proof of going
forward with the evidence and the burden of persuasion on the motion;

(5) the court shall make its determination based upon the facts
contained in the pleadings and affidavits filed;

(6) the court shall grant the motion and quash the subpoena, unless
the responding party proves, by clear and convincing evidence, that
the materials and information of the moving party are not immunized
from third-party discovery under section 6; and

(7) the court shall award to a prevailing moving party its costs of
litigation, including reasonable attorney and expert witness fees,
incurred in connection with the motion.

SEC. 9. QUALIFIED ASSOCIATION-MEMBER PRIVILEGE.
A member of a trade or professional association shall not be required
to disclose materials or information received from the association
that--

(1) relate to actual or anticipated litigation involving product
defects, quality, or performance,

(2) are treated as confidential by the association and its member, and

(3) are communicated by the association to the member with the
reasonable expectation that the materials or information will be used
in connection with actual or anticipated litigation and will be
maintained in confidence,

unless the party seeking the information has established to the court,
by clear and convincing evidence, that the materials or information
sought are directly relevant to the litigation, and that the party has
a compelling need for the materials or information because they are
not otherwise available.

SEC. 10. PREEMPTION.
This Act supersedes the laws of any State to the extent such State
laws apply to matters to which this Act applies
From: UNNews <UNNews@un.org>
Date: 13 Aug 2013 15:00:00 -0400
Subject: BAN STRONGLY CONDEMNS ATTACKS IN NIGERIA'S BORNO STATE, URGES DIALOGUE
To: news11@ny-mail-p-lb-028.ptc.un.org

BAN STRONGLY CONDEMNS ATTACKS IN NIGERIA'S BORNO STATE, URGES
DIALOGUENew York, Aug 13 2013 3:00PMSecretary-General Ban Ki-moon
today called on all extremist groups in Nigeria to cease their
attacks, after dozens of people were killed in the country's
north-east, including worshippers reportedly shot to death while
praying inside a mosque.

"The Secretary-General strongly condemns the recent violent attacks
that have killed scores of civilians in the localities of Mafa and
Kondugo in Borno state," his spokesperson said in a
<"http://www.un.org/sg/statements/index.asp?nid=7014">statement.

No group has yet accepted responsibility for the attacks which
happened nearly simultaneously in neighbouring villages, according to
media reports. Over 40 people are said to have been killed in the
mosque attack alone.

Mr. Ban called on all parties to resolve their differences through
dialogue and other peaceful means.

"The Secretary-General reiterates his firm conviction that no
objective can be attained through such violence," the spokesperson
stressed.Aug 13 2013 3:00PM
________________
For more details go to UN News Centre at http://www.un.org/news

Follow us on Facebook (http://www.facebook.com/UN.News.Centre) and
Twitter (http://twitter.com/UN_News_Centre)

To change your profile or unsubscribe go to: http://www.un.org/apps/news/email/


--
President of The United States
Guy Ralph Perea Sr President of The United States
Weatherdata1046am0426 a Discussion Group of
Weatherdata<http://groups.google.com/group/weatherdata1046am0426>
USFMSC
http://www.cityfreq.com/ca/avalon/>
QUALIFY QICP
OCCUPS
http://www.occupationalinfo.org/02/025062010.html
goldlandabstracts; link check
own search engine - The United
States International Policies
http://lnk.ms/8d5gl aol
http://groups.google.com/group/united-states-of-american
http://twitter.com/ptusss Federal Communication
Commission<http://columbiabroadcast.spaces.live.com/>

Ambassador Chevy Chase; Kevin Corcran; Jack Nickolas; Cher; Shirley Temple
Black; Liza Minnille; Ansari; Ernest Tascoe; Food, Drug and Cosmetic Act
Agent Jodie Foster; Department of Veterans Affairs Director George H.W. Bush
Title 22 USCS section 1928 (b) The e-mail
transmission may contain legally privileged information that
is intended only for the individual or entity recipient, you are hereby,
notified that any disclosure, copying, distribution, or reliance upon the
contents of this E-mail is strictly prohibited. If you have received this
E-mail transmission in error, please reply to the sender, so arrangements
can be made for proper delivery. Title 42
USCS section 192 etseq Margie Paxton Chief of Childrens Bureau
Director of The United States Department of Human Services; Defendant
Article IV General Provisions Section 2
(Supreme Law of The Land) The Constitution of The United States "Any thing
in The Constitution or Laws of any State to the Contrary Notwithstanding"
Contrary to Law (of an act or omission) illegal;
https://twitter.com/ptusss