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Appeals court moves BP forward in settlement dispute
U.S. Legal News |
2013/10/04 20:54
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The April 2010 blowout of BP's Macondo well off the Louisiana coast triggered an explosion that killed 11 workers on the Deepwater Horizon drilling rig and led to millions of gallons of oil spilling into the Gulf. Shortly after the disaster, BP agreed to create a $20 billion compensation fund that was administered at first by the Gulf Coast Claims Facility, led by attorney Kenneth Feinberg.
BP argued that Barbier and court-appointed claims administrator Patrick Juneau misinterpreted terms of the settlement. Plaintiffs' lawyers countered that BP undervalued the settlement and underestimated how many claimants would qualify for payments.
In the panel's majority opinion, Judge Edith Brown Clement said BP has consistently argued that the settlement's complex formula for compensating businesses was intended to cover "real economic losses, not artificial losses that appear only from the timing of cash flows."
"The interests of individuals who may be reaping windfall recoveries because of an inappropriate interpretation of the Settlement Agreement and those who could never have recovered in individual suits for failure to show causation are not outweighed by the potential loss to a company and its public shareholders of hundreds of millions of dollars of unrecoverable awards," Clement wrote.
Judge Leslie Southwick wrote a concurring opinion. Judge James Dennis wrote a partial dissent, largely disagreeing with the other two.
"Because BP has not satisfied its heavy burden of showing that a change in circumstances or law warranted the modifications it sought, the district court correctly affirmed the Administrator's decision rejecting BP's argument and actions to modify the agreement," Dennis wrote.
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Military high court to hear Kan. HIV exposure case
Law & Politics |
2013/09/30 22:45
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The highest court for the U.S. armed forces has agreed to hear the appeal of a Kansas airman convicted of assault for exposing multiple sex partners to HIV at swinger parties in Wichita, his attorney said Friday.
David Gutierrez was a sergeant serving at McConnell Air Force base in Kansas when he was sentenced in 2011 to eight years in prison and stripped of his rank in an aggravated assault case. Prosecutors told the trial judge that a stiff sentence would send a message that the military values the integrity of its service members, saying Gutierrez played Russian roulette with his sexual partners' lives.
The defense on appeal has won a rare opportunity to present before the U.S. Court of Appeals for the Armed Forces an argument that his attorney says could set a far-reaching precedent across the military.
"It will set the table for the entire military services as to what kind of evidence is necessary to find that someone can cause grievous bodily injury after testing positive for HIV," said Kevin McDermott, one of his defense attorneys.
In addition to the HIV issue, the military appeals court agreed Tuesday to decide whether the evidence was sufficient to find Gutierrez committed adultery. The defense contends Gutierrez can't be guilty of adultery because his wife participated with her husband in the "swinger's lifestyle." |
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Appeals court panel considers TABOR challenge
U.S. Legal News |
2013/09/25 18:57
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Colorado is asking the federal courts to stay out of a dispute about whether its strict tax and spending limits has robbed the state of a republican form of government.
In arguments Monday, state Solicitor General Daniel Domenico told a three-judge panel of the 10th U.S. Circuit Court of Appeals that lawmakers still have the ability to ask voters to approve a tax increase if they think one is needed under the Taxpayer's Bill of Rights.
"Just because it's a little bit harder doesn't make it unrepublican," he said of the referendum needed to raise taxes under TABOR.
Domenico said that if lawmakers tried and failed to win a tax increase, they might have a case. But he also argued that courts haven't gotten involved in enforcing the provision in the U.S. Constitution guaranteeing a republic — or representative democracy — to the states, leaving that to Congress instead.
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Hermosa Beach Wrongful Termination Attorney
Law Firm Press |
2013/09/25 18:56
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Law Offices of Craig Hubble, based in Hermosa Beach, is a wrongful termination attorney. Although most California employees can be fired at the discretion of their employer, any termination that may have been done based on discrimination, retaliation, fraud or violation of a signed or implied contract is illegal. When an employee is fired on the basis of his/her age, gender, race, religion or disability, for refusing to submit to sexual advances, or in retaliation for reporting misconduct or refusing to commit an illegal act, he/she may pursue legal action against their employer for wrongful termination.
However, wrongful termination lawyer Craig Hubble can assist you in getting the results you need and want. With extensive years of experience in the field and depending on your situation, you may be able to pursue a lawsuit and seek damages for lost wages, benefits, emotional distress, attorney’s fees, punitive damages and more so that you have a peace of mind,.
We are here to help. If you or a loved one feel that your employment has been wrongfully terminated, don't hesitate to contact us today for a free consultation as to your rights and potential remedies. These matters are handled on a contingency basis, so there is no fee unless and until you are compensated.
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Manassas Family Law and Divorce Litigation Attorney
Law Firm Press |
2013/09/23 18:45
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The Law Offices of Tenecia P. Reid is dedicated to providing outstanding and creative legal solutions to clients throughout Northern Virginia.
Specializing in family law for her entire career, Attorney Tenecia P. Reid stands ready to skillfully guide you through the divorce litigation process. Divorce litigation can be frustrating, confusing, and emotional, so it is imperative to have an attorney who both listens and treats you with respect as you face major life decisions.
Widely experienced, Attorney Reid has negotiated and litigated cases that include complex marital assets, tax issues, business valuations, underwater joint mortgages, adultery, abuse, protective orders, and bankruptcy issues. Attorney Reid is also intimately familiar with the laws governing fault-based divorce cases, and can help you to determine whether you have one or more fault grounds against your spouse and how you may prove them.
A sharp negotiator with a confident courtroom presence, Attorney Reid also wants her clients to understand each step of the process and communicates accordingly. Whether you are considering divorce or have just been served with a divorce complaint, consulting with our office can help you confidently assess your situation and prepare for the best possible outcome.
Our firm is ready to help you navigate through the legal process and find the best possible outcome to difficult situations.
Address:
9214 Center St
Third Floor
Manassas, Virginia 20110
Contact:
Phone: (703) 393-1000
Fax: (703) 574-8936 |
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Wenatchee lawyer picked for federal judgeship
Legal World News |
2013/09/23 18:44
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The White House has nominated Wenatchee lawyer Stanley Bastian to become Eastern Washington's newest federal judge.
If approved by the Senate, he would replace Judge Edward Shea on the bench in Richland.
Bastian is a 1983 University of Washington Law School graduate who has served as an assistant city attorney in Seattle and as a state Appeals Court law clerk. He joined a Wenatchee firm in 1988.
The Spokesman-Review reports in the 1990s Bastian was hired by Douglas County to defend sheriff's investigators and prosecutors who were sued for their roles in the discredited Wenatchee sex ring case.
The Tri-City Herald reports Shea was the first federal judge to be based full-time in the Tri-Cities and went on senior status in June 2012, with a reduced workload.
A federal appeals court dealt another blow to New Jersey's efforts to legalize sports gambling Tuesday, upholding a ruling that the state's betting law conflicts with federal law and shouldn't be implemented.
The case was heard by a three-judge panel at the 3rd U.S. Circuit Court of Appeals in Philadelphia, and the state could seek to have the case re-heard by the full appeals court. But Tuesday's ruling more likely means New Jersey's last chance to legalize sports gambling is to ask the U.S. Supreme Court to hear the case.
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