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Judge can't block $18B Chevron judgment
Lawyer Blog News |
2012/01/27 17:02
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A judge overstepped his authority when he tried to ban enforcement around the world of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador, a federal appeals court said Thursday.
The three-judge panel of the 2nd U.S. Circuit Court of Appeals explained why it lifted the ban last year and blocked a judge from staging a trial to decide if the judgment was obtained fairly.
It said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."
The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.
Chevron obtained an order from U.S. District Judge Lewis A. Kaplan in March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine whether the judgment was fraudulently obtained.
The Ecuadorean plaintiffs appealed Kaplan's ruling to the 2nd Circuit. The appeals court heard oral arguments and then issued an order in September lifting Kaplan's block on collection efforts. On Thursday, it went a step further, tossing out the portion of Chevron's challenge to the judgment that sought to block its enforcement anywhere in the world. |
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US Supreme Court won't review Venezuela suit
Legal Career News |
2012/01/27 14:02
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An Ohio investment group's lawsuit seeking to collect $100 million on three-decade-old Venezuelan promissory notes is headed back to a federal judge for further deliberations.
The decision by the U.S. Supreme Court not to hear the case was a setback for Venezuela, which argued that federal law protects it from U.S. lawsuits because it is a foreign state.
The high court declined on Monday to accept Venezuela's appeal of a 2010 federal appeals court decision that said the suit filed by Skye Ventures of Columbus could go forward in the U.S.
The 6th U.S. Circuit Court of Appeals also said a lower court must determine whether the case should be tried in Venezuela, which will be the next step.
Skye seeks payment on the notes from a defunct government-sponsored bank. |
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'Barefoot Bandit' to be sentenced in federal court
Criminal Law Updates |
2012/01/27 13:02
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"Barefoot Bandit" Colton Harris-Moore is scheduled to be sentenced Friday in a Seattle federal courtroom for his two-year international crime spree of break-ins and boat and plane thefts.
The 20-year-old pleaded guilty last month to his state crimes and was sentenced to seven years.
Federal prosecutors have asked for six-and-a-half years to be served while he serves the state time. Harris-Moore's attorneys want less than six years.
Authorities say he flew a plane stolen in Washington to the San Juan Islands; stole a pistol in British Columbia and took a plane from Idaho to Washington; stole a boat in southwestern Washington to go to Oregon; and took a plane in Indiana and flew to the Bahamas, where was arrested in 2010.
He committed several of the crimes without wearing shoes. |
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Court denies new trial in Wis. mill worker death
Court Feed News |
2012/01/27 12:02
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A Wisconsin appeals court on Thursday denied the request for a new trial made by a man convicted in the grisly 1992 killing of a Green Bay paper mill worker.
Rey Moore, 65, was one of six men convicted of killing their co-worker Tom Monfils. His body was found in a pulp vat at the then-James River Corp. plant in Green Bay with a weight tied around his neck.
Moore's attorney, Byron Lichstein, of the Wisconsin Innocence Project, argued that the conviction should be overturned because of questionable testimony by prison inmate James Gilliam.
He had testified in 1995 that Moore told him he participated in a group beating of Monfils at the mill. But Gilliam later recanted and said Moore told him he actually tried to prevent the beating.
That change in Gilliam's testimony was not allowed at the trial. Lichstein argued that Moore deserved a new trial because that testimony would exonerate him. |
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Defamation suit filed against pen-named Utah mayor
Court Feed News |
2012/01/26 18:54
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A Utah mayor who wrote news stories under a false identify is being sued for defamation.
In court papers, Chris Hogan alleges an article by West Valley City Mayor Mike Winder falsely claimed he was accused of extortion and fired from UTOPIA, a fiber-optic network formed by 16 Utah cities.
The lawsuit filed Wednesday in U.S. District Court in Salt Lake City seeks a trial, compensation for lost wages and punitive damages.
Among the lawsuit's 14 defendants is Deseret Digital Media, which published Winder's stories under the alias Richard Burwash.
The company's CEO Clark Gilbert has said company officials "deeply regret" the mayor misrepresented himself.
Winder promoted his city and even quoted himself in stories he wrote.
Winder said on Thursday he disputes Hogan's claims and will defend the lawsuit. |
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Man gets car ban after 4 children found in trunk
Legal World News |
2012/01/26 16:54
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A British court has banned a man from driving for a year after he was caught traveling with four children in the trunk of his car.
Britain's Press Association news agency said Thursday that police found a total of 11 people in Zoltan Lakatos' Audi A4 when they stopped him in the English city of Leicester last year.
One passenger was in the driver's seat, three adults and two children were squeezed into the back, and officers discovered four more children in the trunk.
The news agency says Lakatos was convicted of endangering his passengers and of driving without insurance earlier this week at Leicester Magistrates' Court. He also was fined 1,325 pounds (about $2,080).
The agency said the 38-year-old was not in court for the ruling. |
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