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Court won't allow Daimler Chrysler suit in Calif
Court Feed News |
2014/01/16 23:12
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The Supreme Court decided Tuesday not to allow a lawsuit to move forward in California that accuses a foreign company of committing atrocities on foreign soil. The decision could make it harder for foreign victims of foreign crime to seek justice in American courts.
The high court on Tuesday used a unanimous judgment to refuse to allow survivors and victims of Argentina's "dirty war" to sue in California the former DaimlerChrysler Corp. of Stuttgart, Germany, for alleged abuses in Argentina.
Victims who say they were kidnapped and tortured by the Argentine government in the late 1970s and relatives of those who disappeared sued in state court, alleging Mercedes-Benz was complicit in the killing, torture or kidnapping by the military of unionized auto workers.
In the 1970s and 1980s, thousands were killed, kidnapped or "disappeared," including trade unionists, left-wing political activists, journalists and intellectuals in Argentina in what has become known as the dirty war. The suit says "the kidnapping, detention and torture of these plaintiffs were carried out by state security forces acting under the direction of and with material assistance" from the Mercedes-Benz plant in Gonzalez-Catan, near Buenos Aires.
The lawsuit said that Daimler could be sued over the alleged Argentina abuses in California since its subsidiary, Mercedes-Benz USA, sold cars in that state. A federal judge threw that lawsuit out, but the 9th U.S. Circuit Court of Appeals reversed and said it could move forward. |
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Court upholds approval of BP oil spill settlement
Headline News |
2014/01/13 23:17
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Over BP's objections, a federal appeals court on Friday upheld a judge's approval of the company's multibillion-dollar settlement with lawyers for businesses and residents who claim the massive 2010 oil spill in the Gulf of Mexico cost them money.
BP has argued that U.S. District Judge Carl Barbier and court-appointed claims administrator Patrick Juneau have misinterpreted settlement terms in ways that would force the London-based oil giant to pay for billions of dollars in inflated or bogus claims by businesses.
During a hearing in November before a three-judge panel of the 5th U.S. Circuit Court of Appeals, a BP lawyer argued that Barbier's December 2012 approval of the deal shouldn't stand unless the company ultimately prevails in its ongoing dispute over business payments.
But the divided panel ruled Friday that Barbier did not err by failing to determine more than a year ago whether the class of eligible claimants included individuals who haven't actually suffered any injury related to the spill.
Affirming Barbier's initial ruling in 2012, the court said in its 48-page majority opinion that it can't agree with arguments raised by BP and others who separately objected to the settlement. |
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Chile's top court rules against coal-fired complex
Legal World News |
2014/01/13 23:17
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Chile's Supreme Court sided with local fishermen who contend a coal-fired power complex harms ocean life and pollutes their community, but the judges stopped short of ordering a suspension and left it to environmental authorities to decide if operations can continue.
The ruling on the Bocamina complex released Friday was another in a series of blows to big power projects in energy-strapped Chile, where concerns over environmental issues have been rising.
In December, an appeals court halted the 350-megawatt Bocamina II part of the complex owned by Endesa Chile in the southern Bio Bio region, citing harm to fishermen's livelihood.
The 128-megawatt Bocamina I plant was allowed to keep running. But the Supreme Court said the whole complex should shut down unless officials determine the water-cooling system doesn't threaten or hurt marine life.
The company can only operate the Bocamina I and II thermoelectric plants if they don't put harm marine life or put it at risk, the high court said in a ruling made Thursday.
The court ordered Chile's environmental authorities to take all measures required, including "a halt of operations" if needed, until the problem is fixed.
Environmental groups and fishermen say the complex's use of huge amounts of seawater to cool its equipment damages the area. |
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Court suspends ban on a show by French comic
Legal Career News |
2014/01/10 23:50
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A French court has suspended a ban the city of Nantes imposed to prevent a show on Thursday night by a comic whose performances are considered anti-Semitic.
But Interior Minister Manuel Valls said he would appeal the ruling to the Council of State, France's highest administrative authority, to combat the "mechanics of hate."
The Nantes performance of Dieudonne M'Bala M'Bala would kick off a national tour by the comic, who has popularized the "quenelle" hand gesture, which Valls has criticized as an "inverted Nazi salute."
In its ruling, the court called the ban a grave attack on freedom of expression. Jacques Verdier, lawyer for Dieudonne celebrated the ruling, saying: "The show will go on tonight."
Dieudonne has been convicted more than a half-dozen times for inciting racial hatred or anti-Semitism. |
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Ind. Supreme Court to hear foul ball injury case
Court Feed News |
2014/01/10 23:49
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The Indiana Supreme Court is taking up the case of a woman who wants to sue a minor-league baseball team over injuries she suffered when a foul ball struck her during a game.
The court was scheduled to hear oral arguments Thursday in Juanita DeJesus' effort to sue the Gary SouthShore RailCats over fractured facial bones and blindness in her left eye she says were caused by a ball striking her during a May 2009 game.
The Times of Munster reports DeJesus sued the RailCats' parent company in 2011 alleging it failed to install protective netting for spectators.
A local judge initially allowed her suit to proceed, but the Indiana Court of Appeals threw it out last year, ruling that foul balls' dangers are well-known to baseball fans. |
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California appeals court upholds plastic bag ban
Legal World News |
2014/01/06 19:52
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A California appeals court has upheld San Francisco's ban on single-use plastic bags that can serve as a precedent for other cases.
The San Francisco Chronicle reports the 1st District Court of Appeal issued its ruling last month and published it Friday as precedent binding on lower courts. The ordinance was passed in February 2012 and prohibits plastic bags that can be used only once and requires stores to charge 10 cents for recyclable plastic or paper bags.
A lawsuit by Save the Plastic Bag Coalition said plastic bags took more energy to produce than plastic and take up more space in landfills.
Similar measures have been adopted in about 50 cities and counties in California and have survived legal challenges. The state Supreme Court upheld a plastic-bag ban in 2011.
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