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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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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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Teens charged in death of Australian due in court
Legal Focuses |
2014/02/06 23:35
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Three teenagers accused of fatally shooting an Australian baseball player as he jogged down an Oklahoma street, allegedly because they were bored, are expected in court Tuesday for a hearing that could reveal details about the case.
Police allege that Chancey Allen Luna and James Francis Edwards Jr., who are both 16, and Michael Dewayne Jones, 18, randomly targeted and shot Chris Lane last summer. Each teenager is charged with first-degree murder.
Lane's death garnered heavy media coverage in both the U.S. and Australia, prompting the judge to issue a gag order barring anyone involved from talking about the case outside court. That means little information has been released since the 22-year-old Melbourne native was shot in the back and died in August.
But investigators have said Lane was shot while jogging down a tree-lined street near the home of his girlfriend's parents in Duncan, about 80 miles south of Oklahoma City. He and his girlfriend had just returned to Oklahoma after visiting Australia, and he was preparing for his senior season playing catcher at East Central University in Ada, about 90 miles east of Duncan. |
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SC Supreme Court to rule on public autopsy reports
Legal Focuses |
2014/02/03 22:48
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South Carolina's Supreme Court will begin grappling with that question Wednesday, when it hears a lawsuit by a Sumter County newspaper against the county's coroner.
The Item newspaper wants the high court to toss out a lower court's ruling that said autopsies do not have to be made public because they do not fall under the state's Freedom of Information Act.
The coroner says autopsies should be considered medical records that are exempt from public view. The newspaper says autopsy reports are investigative tools, not medical records.
Open records advocates say the Sumter County case is an example of government officials making it harder to get public documents.
It's a debate that is far from settled nationally. About 15 states across the U.S. allow the public release of an autopsy report. About a half-dozen other states allow the release of reports not being used as part of a criminal investigation. The rest severely restrict what's released or don't give any information from the reports, according to the Reporters Committee for Freedom of the Press.
Keeping autopsy records secret closes off an important tool to make sure police agencies do the right thing when they investigate deaths, especially people shot and killed by officials or who die in custody, said Frank LoMonte, executive director of the Student Press Law Center.
"There is any number of cases over the years where journalist watchdogs have been able to shed light on suspicious circumstances only by having access on those records," LoMonte said. "And those records don't just show culpability, they can clear someone, too." |
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