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EPA settles with owners of Mass. chemical plant
Headline Legal News |
2011/08/17 17:34
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The owners of a suburban Massachusetts chemical plant that exploded in 2006, destroying dozens of homes, have agreed to pay the federal government an estimated $1.3 million to help cover the cost of cleaning up the hazardous waste that was left behind.
The Environmental Protection Agency said a consent decree unveiled Monday requires the companies to pay for some of the $2.7 million spent by the agency to clean up the site after the explosion in Danvers, a town about 25 miles north-northeast of Boston.
The EPA said the action resolves claims against former operator CAI Inc. and property owners Sartorelli Realty LLC and Roy Nelson, of the Nelson Danvers Realty Trust.
The EPA also announced that CAI will pay $100,000 to settle allegations that conditions at the facility violated the federal Clean Air Act. The $1.3 million includes cash and the net proceeds from the sale of the property, assuming the property sells for its appraised value, the agency said.
A series of explosions at the ink and paint factory shared by CAI and Arnel Co. Inc. on Nov. 22, 2006, damaged 270 local homes and businesses. No one was killed or seriously injured. |
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2 enter guilty pleas in GOP corruption case
Headline Legal News |
2011/08/16 17:33
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Two people who worked for former House Speaker John Perzel have pleaded guilty to charges stemming from a public corruption investigation of the House Republican Caucus.
Samuel Stokes, a former House employee and brother-in-law to Perzel, pleaded guilty to one count of conflict of interest and one count of criminal conspiracy.
Don McClintock, a former campaign aide to Perzel, entered a guilty plea for one count of criminal conspiracy.
Each count carries a maximum penalty of five years imprisonment and a $10,000 fine.
Stokes and McClintock were facing at least a dozen counts charging them with conflict of interest, theft and conspiracy, but agreed to cooperate in the prosecution of other defendants as part of an agreement with the state attorney general's office.
Paul Towhey, Perzel's former chief of staff, was expected to enter a guilty plea on Friday.
Perzel, Rep. Brett Feese, and five other current and former aides were charged in November 2009 after a grand jury found they used taxpayers' funds, employees and resources for political campaign purposes. |
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White House criticizes court's health care ruling
Legal Topics |
2011/08/15 16:22
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The White House is expressing confidence that it's constitutional to require people to have health insurance and believes that President Barack Obama's health care law will be survive all legal challenges in the end.
Obama adviser Stephanie Cutter says the White House strongly disagrees with an appeals court ruling Friday that struck down the insurance requirement at the center of a law.
She says the White House is confident that ruling will not stand.
Cutter notes on the White House blog that four other courts, including a different appeals court, has upheld the law.
Many legal observers expect the U.S. Supreme Court to have the final say on the issue. |
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Calif Supreme Court says threats must be serious
Legal Topics |
2011/08/15 16:21
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The California Supreme Court says state laws against threatening a crime victim or witness are valid only if a reasonable listener believes the threats are serious.
The San Francisco Chronicle says last week's unanimous decision means a Riverside County judge must re-examine the conviction of a man who told his jailed wife he would blow away the head of a man who accused them of stealing $250,000.
Eddie Lowery was convicted of threatening a crime victim and he was sentenced to a year in jail.
In its ruling Thursday, the court ruled a threat is not protected by freedom of speech if a reasonable listener concludes the speaker was serious and wasn't merely joking. |
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Ex-Harvard student due in court in 2009 shooting
Areas of Focus |
2011/08/15 16:21
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A former Harvard student accused of hiding the gun used in a fatal shooting inside a university dormitory is due in court.
Brittany Smith is one of four people who were charged in connection with the shooting of 21-year-old Justin Cosby of Cambridge.
Smith's former boyfriend, Jabrai (juh-BRY') Jordan Copney, of New York City, was convicted of murder in Cosby's death and is serving a life sentence.
During Copney's trial, prosecutors said Cosby, a local drug dealer, was shot during an attempted robbery by Copney and two other New York City men in May 2009.
Smith is accused of giving the men her Harvard electronic keycard to enter the building, hiding the gun used in the shooting and helping the men flee. |
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Appeals court strikes health insurance requirement
Legal Topics |
2011/08/14 16:21
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A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.
The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a "quintessential" power.
The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power."
"What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die," the opinion said. |
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Lawyer: 'Jeopardy!' burglary suspect a prostitute
Headline Legal News |
2011/08/12 17:25
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The lawyer for a San Francisco woman charged with breaking into the hotel room of "Jeopardy!" host Alex Trebek says his client is a prostitute, not a thief.
The San Francisco Examiner reports that attorney Mark Jacobs says his client, 56-year-old Lucinda Moyers, is a prostitute and was in a downtown San Francisco hotel to meet a john on July 26.
Prosecutors say Moyers stole $650, a bracelet and other items from a hotel room where Trebek was staying with his wife. The cash and bracelet were not recovered.
Moyers has pleaded not guilty to felony charges of burglary and possession of stolen property.
Trebek says he chased Moyers out of his room and tore his Achilles tendon. Jacobs says Moyers was not in Trebek's room. |
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