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Appeals court reinstates BP shareholders' lawsuit
Legal Focuses |
2014/02/18 00:09
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A federal appeals court on Thursday reinstated a shareholders lawsuit filed against BP Alaska in the wake of two oil spills in 2006 on the North Slope that exposed problems with the company's pipeline maintenance program.
A three-judge panel of the 9th U.S. Circuit Court of Appeals reversed the U.S. District Court of Western Washington on several claims.
Shareholders sued BP in 2008, claiming management made misleading statements about the conditions of the company's pipelines, and its maintenance and leak detection program after the first spill of 200,000 gallons onto the North Slope tundra two years earlier. The lawsuit claims BP made the statements knowingly or with deliberate recklessness.
The shareholders claim BP's share price fell 4 percent after the second spill five months later and the subsequent field shutdown for maintenance.
The Associated Press left messages seeking comment for attorneys on both sides of the case.
BP spokeswoman Dawn Patience said in an emailed statement that the company had not had an opportunity to study the decision, so "it would not be appropriate to comment."
BP Exploration Alaska Inc. was fined $20 million in 2007 after pleading guilty to a federal environmental crime for failing to prevent the crude spill, the largest ever at Prudhoe Bay.
The problems became known after the March 2006 spill prompted the FBI and the Environmental Protection Agency to open an investigation into maintenance practices at the 30-year-old field.
They found that thick sludge caked along the bottom of the leaky pipe was protecting colonies of bacteria that produce a corrosive acid. The acid had eaten an almond-sized hole in the steel over the course of several years, and that's where the spill occurred. |
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Ky. high court to hear death penalty appeal
Attorney News |
2014/02/13 22:41
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The Kentucky Supreme Court is set to hear arguments in the case of a death row inmate who has twice won a new trial.
The justices on Thursday will take up the case of 57-year-old Michael Dale St. Clair, who was convicted in the 1991 slaying of distillery worker Frank Brady in Bullitt County.
St. Clair has won three trials in the case, which has lingered for years in appeals.
St. Clair and another inmate escaped from an Oklahoma prison before going on a multistate spree that ended in Kentucky with Brady's death. St. Clair also faces a murder charge in New Mexico for the 1991 kidnapping and slaying of paramedic Timothy Keeling.
St. Clair also received a second death sentence for capital kidnapping from the Hardin County Circuit Court. |
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Nevada Officials Won't Defend Gay Marriage Ban
Legal Focuses |
2014/02/13 22:40
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In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.
Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban pending before a federal appeals court, saying a recent court decision made the state's arguments "no longer defensible."
Attorney General Catherine Cortez Masto filed a motion with the 9th Circuit Court of Appeals that said Nevada's legal arguments supporting the voter-approved prohibition aren't viable in light of the court's recent ruling that said potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.
"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.
Nevada's move comes as courts around the country and the federal government have chipped away at laws that prohibit same-sex marriage and benefits in recent months. Meanwhile, some states and interest groups have rallied to defend limiting marriage to between a man and a woman. |
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SKorea court invalidates Ssangyong layoffs
Legal Focuses |
2014/02/10 22:08
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A South Korean appeal court said the layoff of 153 employees at Ssangyong Motor Co. in 2009 was unjustified, in a belated victory for auto workers who fought pitched battles with riot police at the time.
The 153 were among 2,600 workers that Ssangyong tried to shed in 2009, sparking South Korea's worst labor strife in years. A spate of suicides among Ssangyong workers and family members followed the automaker's restructuring.
If Supreme Court of Korea upholds the ruling, the workers will be able to return to the company now owned by Indian conglomerate Mahindra & Mahindra Ltd.
The appeal court said Friday the layoffs in 2009 could not be justified because it was not clear that the job cuts were vital to Ssangyong's survival.
To justify the layoffs, Ssangyong exaggerated its losses by under-reporting auto sales and omitting future cash-flow from new models, the court said in a statement.
The maker of SUVs and luxury sedans was hit by the 2008 financial crisis and slumping sales, but Judge Cho Hae-hyeon said the automaker did not go to sufficient lengths to save jobs.
Kwon Young-gook, the attorney who represented former Ssangyong workers, said the unexpected ruling was a victory for justice.
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State appeals court rejects power plant approval
Court Line |
2014/02/10 22:07
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A state appeals court has rejected approval of Pacific Gas and Electric Co.'s planned new natural gas power plant in Contra Costa County.
The 1st District Court of Appeal in San Francisco said the California Public Utilities Commission approved the plant in Oakley without hearing firsthand from anyone that it was needed.
The court issued its 3-0 ruling on Wednesday. The Contra Costa Times reports (http://bit.ly/1e9Ew76) that the court has previously also turned back the commission's approval of the plant.
PG&E spokeswoman Tamar Sarkissian told the newspaper the utility was carefully reviewing the court's ruling.
Supporters say California needs more energy production, and the 586-megawatt plant would help.
Opponents say the state should be moving away from fossil fuels to other, cleaner energy sources. |
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