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House acts against high court on eminent domain
Lawyer Blog News |
2012/02/29 17:33
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The House sought Tuesday to undercut a 2005 Supreme Court ruling that gives state and local governments eminent domain authority to seize private property for economic development projects.
Sponsors of the bill, which passed by a voice vote, said it was needed because the 5-4 high court ruling skewed constitutional intentions that eminent domain apply only to land for public use projects.
That ruling, said bill cosponsor Rep. James Sensenbrenner, R-Wis., justified "the government's taking of private property and giving it to a private business for use in the interest of creating a more lucrative tax base." As a result, he said, the "government's power of eminent domain has become almost limitless, providing citizens with few means to protect their property."
His legislation would withhold for two years all federal development aid to states or locales that take private property for economic development. It also bars the federal government from using eminent domain for economic development purposes and gives private property owners the right to take legal action if provisions of the legislation are violated. |
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Sidley Austin LLP Expands Project Finance Practice
Law Firm News |
2012/02/29 14:33
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Sidley Austin LLP is pleased to announce that Timothy J. Moran will join the firm as a partner in the project finance practice in Washington, D.C. Mr. Moran's practice focuses on infrastructure project development and finance, where he represents lenders, project sponsors and developers in the development, financing, acquisition and sale of infrastructure projects located in North America, Central and South America, Europe, the Middle East and Africa. Mr. Moran's projects include alternative energy (wind, solar and biomass), coal and natural gas-fired facilities, natural gas storage facilities, LNG projects and natural gas pipelines.
"Tim's level of experience in project finance will be instrumental as we continue to expand the firm's ability to represent clients on what are certainly going to be important undertakings in the global economy," said Carter G. Phillips, Managing Partner of the Washington, D.C. office of Sidley, and a member of the firm's Management Committee. "He has a highly respected and very dynamic project finance practice that fits perfectly with the firm's significant expansion of its energy practice, as well as our enhancement of project finance capabilities. Tim's practice will be a wonderful complement to our newly established Houston office."
"Sidley provides an ideal opportunity for me to grow my practice on an international platform that is already successful but very well equipped for new opportunities," said Mr. Moran. "I look forward to working with the project finance team in Washington, New York, Houston and Los Angeles, as well as Sidley's highly regarded energy and environmental lawyers in Washington and Houston."
Mr. Moran represents lenders in construction and term financings and equity investors in private placements and tax-based equity investments. Mr. Moran is currently representing both developers and lenders in the structuring and financing of wind, solar and mid-stream oil and gas projects, to be located in the U.S., Latin America and Canada.
With respect to developers, Mr. Moran has represented both large and small sponsors in the development and financing of infrastructure projects throughout North America, Central America, South America, China and numerous countries in Europe and Africa. He has also represented developers in connection with bids on more than 90 major power facilities, acquisitions of individual and portfolios of power facilities, and of gas storage facilities and pipelines. Mr. Moran has also represented developers and lenders in asset sales, as well as whole and partial sales of interests in energy-related companies.
www.rubenstein.com |
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French court rules genocide law unconstitutional
Legal World News |
2012/02/29 10:34
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France's Constitutional Council ruled Tuesday that a French law concerning the mass killings of Armenians a century ago violates the country's constitution.
French President Nicolas Sarkozy, who had personally backed the law, immediately said he would ask the government to prepare a new bill taking into account the council's ruling.
The law passed by France's parliament in December makes it a crime to deny that the killings of some 1.5 million Armenians by Ottoman Turks in 1915 constituted genocide. The council ruled the law would violate freedom of expression and speech, which are guaranteed by the French constitution.
Turkey, which says there was no systematic campaign against Armenians, has strongly opposed the French law.
The head of a French Armenian organization, meanwhile, sharply criticized the ruling, saying it was the result of Turkish lobbying.
Relations between France and Turkey have suffered since the law's passage, with Turkey suspending its military and economic cooperation with France after the lower house approval of the measure in December. The French Senate gave the law the green light in late January. |
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Glancy Binkow & Goldberg LLP Announces Class Action
Class Action News |
2012/02/28 17:36
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Glancy Binkow & Goldberg LLP announces that a class action lawsuit has been filed in the United States District Court for the Eastern District of North Carolina on behalf of purchasers of the securities of TranS1 Inc. between February 21, 2008 and October 17, 2011, inclusive (the “Class Period”), seeking to pursue remedies under the Securities Exchange Act of 1934.
TranS1 is a medical device company that designs, develops and markets products that implement its proprietary surgical approach to treat degenerative conditions of the spine affecting the lower lumbar region. The Complaint alleges that during the Class Period the Company and certain of its executive officers misrepresented or failed to disclose material adverse facts about the Company’s business, operations and financial performance, including that: (i) the Company was not in compliance with federal healthcare fraud and false claim statutes; (ii) the Company engaged in improper reimbursement practices; (iii) the Company lacked adequate internal and financial controls; and (iv), as a result of the foregoing, the Company’s statements were materially false and misleading at all relevant times.
No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you purchased TranS1 securities between February 21, 2008 and October 17, 2011, you have certain rights, and have until March 26, 2012, to move for lead plaintiff status. To be a member of the class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent class member. If you wish to discuss this action or have any questions concerning this Notice or your rights or interests with respect to these matters, please contact Michael Goldberg, Esquire, of Glancy Binkow & Goldberg LLP, 1925 Century Park East, Suite 2100, Los Angeles, California 90067, by telephone at (310) 201-9150 or Toll Free at (888) 773-9224 |
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Sydney Criminal Lawyers - Sydney criminal defence lawyers
Law Firm News |
2012/02/28 15:51
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Sydney Criminal Lawyers are a team of professional, experienced and highly respected specialist criminal and traffic defence lawyers. With two offices located in Sydney's Downing Centre Courts, our team of attorneys consistently achieve outstanding results in different criminal cases throughout the NSW area. We are the only criminal law firm to offer an "Accredited Specialist Guarantee" which means we will represent you on all important court days by the very best criminal or traffic lawyer in our firm. Additionally, we offer a great fixed fee-no hidden costs for our clients who are on a budget. Sydney Criminal Lawyers is the only accredited criminal law firm to offer these fixed fees for a wide range of criminal law services. Our results speak for themselves and we are the legal experts here to defend for your freedom to get you back on the road and on with your life as soon as possible.
At Sydney Criminal Lawyers, their attorneys have extensive experience in a wide range of criminal cases. With their comprehensive knowledge of drink driving, drug, and assault laws, their ability to defend their clients and win criminal cases have shown a proven track record. They care and understand how important a clean record is and will fight for their clients to secure favorable results. We have a winning attitude that will help ease your stresses. |
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Driver acquitted in deadly Megabus crash in NY
Criminal Law Updates |
2012/02/28 15:37
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A bus driver was acquitted Tuesday of homicide charges in the deaths of four passengers killed when his double-decker crashed into an overpass in upstate New York.
A judge announced the verdict after a non-jury trial for 60-year-old John Tomaszewski of Yardville, N.J. Tomaszewski would have faced up to four years in state prison on each of four counts of criminally negligent homicide. He sat with his head bowed and showed no reaction as Onondaga County Court Judge Anthony Aloi read the verdict.
"It was a tragic accident and four people lost their lives," Tomaszewski said as he left court. "It's something I'll have to deal with the rest of my life."
There were 29 passengers on the Megabus when the top of the bus hit the railroad bridge in Salina, just outside Syracuse, early on the morning of Sept. 11, 2010.
Tomaszewski was driving from Philadelphia to Toronto with a planned stop at the Regional Transportation Center in Syracuse when he missed an exit from Interstate 81 and ended up on the parkway instead.
Assistant District Attorney Chris Bednarksi said during the trial that Tomaszewski was using a personal GPS device as he tried to find his way to the bus station and passed 13 low-bridge warning signs, some with flashing yellow lights, before the wreck. |
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