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W.Va. court rejects bid to halt Massey Energy sale
Business Law Info |
2011/05/31 13:19
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The West Virginia Supreme Court has declined to issue an order barring Massey Energy shareholders from voting on a proposed $7.1 billion sale to rival coal producer Alpha Natural Resources. The court says in a ruling issued Tuesday it lacks jurisdiction in the case. Three institutional investors had sought to prevent Wednesday's shareholder vote. The deal is expected to close pending approval by shareholders of the Virginia-based companies. The investors argue that the April 5, 2010, explosion at Massey's Upper Big Branch mine that killed 29 miners and other actions damaged Massey's value. Shareholders also sought a similar delay in a Delaware court last week. A ruling on that case is pending. |
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Coventry says court accepts $150.5M La. settlement
Class Action News |
2011/05/31 12:21
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Coventry Health Care Inc. said Tuesday a court approved its $150.5 million settlement of a class action lawsuit that accused the health insurer of violating Louisiana laws.
The company will record a gain of $159.3 million, or 68 cents per share, in the second quarter because it set aside more money than it needed to cover the settlement. In July, a state appeals court affirmed a $262 million judgment against Coventry's First Health Group Corp. unit. In February the plaintiffs and Coventry agreed to settle the case for $150.5 million.
The lawsuit alleged that First Health Group violated notice provisions of Louisiana's Any Willing Provider Act related to the treatment of injured workers with worker's compensation claims. |
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Court to clarify witness identification rules
Legal Career News |
2011/05/31 12:20
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The Supreme Court will decide whether a witness identification of a man suspected in a break-in of a car should be thrown out.
The high court on Tuesday agreed to hear an appeal from Barion Perry, who is in prison for breaking into a car in 2008.
A woman said she saw Perry take things from the car, but only after police had him in handcuffs. She later could not pick him out of a photo lineup, and could not describe the suspect.
Perry wanted her identification thrown out because it was "unnecessarily suggestive" that he was a criminal because he was in handcuffs. The New Hampshire Supreme Court disagreed, and upheld his conviction. |
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Gov. Rick Perry signs tort reform bill into law
Legal Career News |
2011/05/30 18:06
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Gov. Rick Perry signed into law Monday a measure that will limit frivolous lawsuits by levying some fees on plaintiffs and allowing meritless suits to be dismissed early in the process.
Perry designated the "loser pays" bill a top priority of the legislative session, saying Texas needs to crack down on junk lawsuits.
Some plaintiffs who sue and lose will be required to pay the court costs and attorney fees of those they are suing. The law also creates expedited civil actions for cases less than $100,000. It goes into effect Sept. 1.
Perry said the legislation "provides defendants and judges with a variety of tools to expedite justice for those deserving."
"Employers will spend less time in court and more time creating jobs," he said.
The law will encourage timely settlements by penalizing parties who turn down reasonable settlement offers to try to get more than they should.
Perry said the changes reduce the cost of litigation while still allowing legitimate cases to proceed. Supporters say the state's business climate will improve because the reforms will make Texas more attractive to employers looking to expand or relocate. |
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Court refuses to reconsider Spector's appeal
Court Feed News |
2011/05/30 18:05
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An appeals court on Friday refused to reconsider music producer Phil Spector's appeal of his murder conviction, saying there was overwhelming evidence of his guilt.
The California 2nd District Court of Appeal panel acknowledged it did not consider an issue that defense lawyers now say was critical to his conviction.
The panel blamed the lawyers for failing to sufficiently brief the point and said they had no obligation to consider it.
They quoted case law saying, "Issues do not have a life of their own: if they are not raised ... we consider the issues waived."
Spector, a legendary rock music producer, was convicted two years ago of fatally shooting actress Lana Clarkson at his Alhambra mansion in 2003. He is serving 19 years to life in prison on a second-degree murder conviction. |
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Court: Sex-offender list is not cruel punishment
Criminal Law Updates |
2011/05/30 16:05
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The Michigan appeals court has overturned a Washtenaw County judge and said a young man who committed sexual misconduct at school must be on the state's sex-offender list.
Judge Darlene O'Brien said registration in the case was cruel punishment that violated the Michigan Constitution, but the appeals court disagreed.
A man identified in court papers as T.D. was 15 in 2006 when he was accused of putting a chokehold on a girl and exposing her breast while another boy tugged on her belt. T.D. was placed in a youth home and completed therapy.
AdvertisementHe was required to register when he turned 18. The appeals court says it's not punishment but a way to inform the public even if the risk of another offense is low. |
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