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Appeals court reinstates BP shareholders' lawsuit
Legal Topics |
2014/02/18 22:46
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A federal appeals court on Thursday reinstated a shareholders lawsuit filed against BP Alaska in the wake of two oil spills in 2006 on the North Slope that exposed problems with the company's pipeline maintenance program.
A three-judge panel of the 9th U.S. Circuit Court of Appeals reversed the U.S. District Court of Western Washington on several claims.
Shareholders sued BP in 2008, claiming management made misleading statements about the conditions of the company's pipelines, and its maintenance and leak detection program after the first spill of 200,000 gallons onto the North Slope tundra two years earlier. The lawsuit claims BP made the statements knowingly or with deliberate recklessness.
The shareholders claim BP's share price fell 4 percent after the second spill five months later and the subsequent field shutdown for maintenance.
The Associated Press left messages seeking comment for attorneys on both sides of the case.
BP spokeswoman Dawn Patience said in an emailed statement that the company had not had an opportunity to study the decision, so "it would not be appropriate to comment."
BP Exploration Alaska Inc. was fined $20 million in 2007 after pleading guilty to a federal environmental crime for failing to prevent the crude spill, the largest ever at Prudhoe Bay.
The problems became known after the March 2006 spill prompted the FBI and the Environmental Protection Agency to open an investigation into maintenance practices at the 30-year-old field.
They found that thick sludge caked along the bottom of the leaky pipe was protecting colonies of bacteria that produce a corrosive acid. The acid had eaten an almond-sized hole in the steel over the course of several years, and that's where the spill occurred. |
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Ky. high court to hear death penalty appeal
Legal Topics |
2014/02/13 23:48
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The Kentucky Supreme Court is set to hear arguments in the case of a death row inmate who has twice won a new trial.
The justices on Thursday will take up the case of 57-year-old Michael Dale St. Clair, who was convicted in the 1991 slaying of distillery worker Frank Brady in Bullitt County.
St. Clair has won three trials in the case, which has lingered for years in appeals.
St. Clair and another inmate escaped from an Oklahoma prison before going on a multistate spree that ended in Kentucky with Brady's death. St. Clair also faces a murder charge in New Mexico for the 1991 kidnapping and slaying of paramedic Timothy Keeling.
St. Clair also received a second death sentence for capital kidnapping from the Hardin County Circuit Court. |
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Farmer pleads guilty in pot growing scheme
Legal Topics |
2014/02/10 22:56
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A Northern California farmer renowned nationally for his heirloom tomatoes has pleaded guilty to leasing out his greenhouses for growing marijuana.
Sixty-four-year-old Thomas Jopson of Sutter County pleaded guilty to conspiracy to manufacture at least 50 marijuana plants, three years after 2,168 marijuana plants were seized from the ranch of Thomas and David Jopson in Rio Oso.
The Sacramento Bee reports that an Oakland medical marijuana entrepreneur, Yan Ebyam, faces trial March 3 for allegedly setting up marijuana cultivations at the ranch and at a wholesale florist greenhouse in Sacramento County.
U.S. District Judge United States John A. Mendez ordered Thomas Jopson to appear for sentencing June 24. According to statements in court, David Jopson is expected to plead guilty on Feb. 18. |
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Lawyers for Boston Marathon suspect due in court
Legal Topics |
2014/02/10 22:55
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Federal prosecutors and lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev will be in court this week for the first time since U.S. Attorney General Eric Holder authorized prosecutors to seek the death penalty against Tsarnaev.
A status conference is scheduled Wednesday in U.S. District Court.
The 20-year-old Tsarnaev is charged with carrying out a terrorist attack that killed three people and injured more than 260. Prosecutors say he and his older brother, Tamerlan Tsarnaev, built pressure cooker bombs, then placed them near the finish line of the marathon last April 15.
Prosecutors announced Jan. 30 that they will seek the death penalty against Tsarnaev. He has pleaded not guilty to a 30-count federal indictment.
Tamerlan Tsarnaev died following a shootout with police. |
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Case challenging gay-marriage ban heard in Va.
Legal Topics |
2014/02/07 00:23
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In a case that could give gay marriage its first foothold in the old Confederacy, a federal judge will hear arguments Tuesday on whether Virginia's ban on gay marriage should be struck down _ the position the state's newly elected Democratic attorney general has endorsed, angering many Republican lawmakers.
In January, Attorney General Mark Herring's office notified the federal court in Norfolk that it would not defend the 2006 voter-approved constitutional amendment in a lawsuit. Republicans have accused Herring of abandoning his responsibility to defend the state's laws. On Tuesday morning, a handful of protesters gathered at the courthouse. They shouted phrases decrying his position and carried signs: "Herring's herring. AG's must uphold the law."
Across the street, gay-marriage supporters _ in about equal numbers _ shouted their support for the plaintiffs and carried signs saying "Marry who you love."
Newly elected Democratic Gov. Terry McAuliffe has rebuffed calls to appoint outside counsel to defend the ban. On Monday, Republicans in the House passed a bill that would give lawmakers standing in lawsuits where the attorney general and governor have chosen not to participate. |
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Viacom, Fox want to run anti-smoking ads too
Legal Topics |
2014/01/30 23:30
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More TV networks want to gain from tobacco companies' mandate to run anti-smoking ads that will cost tens of millions of dollars.
Fox Broadcasting and the company behind MTV, Comedy Central and BET argue that a court-ordered plan to air anti-tobacco ads on ABC, CBS and NBC won't do a good job reaching young adult and black viewers. Those populations were aggressively targeted by the tobacco industry and are areas of concern for the public health community.
Fox, which is owned by Rupert Murdoch's Twenty-First Century Fox Inc., and Viacom Inc. are asking the U.S. District Court in Washington, D.C., to include its channels in the anti-smoking ad purchase.
The required ads stem from a 2006 ruling that the nation's largest cigarette makers concealed the dangers of smoking for decades. A judge ordered the tobacco companies to pay for corrective statements related to issues such as the adverse health effects of smoking, the addictiveness of smoking and nicotine and the negative health effects of secondhand smoke. The companies involved in the case include Richmond, Va.-based Altria Group Inc., owner of the biggest U.S. tobacco company, Philip Morris USA; No. 2 cigarette maker, R.J. Reynolds Tobacco Co., owned by Winston-Salem, N.C.-based Reynolds American Inc.; and No. 3 cigarette maker Lorillard Inc., based in Greensboro, N.C.
Along with the TV ads, the tobacco companies are also meant to publish statements in newspapers, websites and on cigarette packs.
The tobacco companies and the federal government last month agreed on how to publish the statements. The court must still approve the deal. |
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High court rules against steelworkers' claim
Legal Topics |
2014/01/27 22:16
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The Supreme Court says steelworkers do not have to be paid for time they spend putting on and taking off protective gear they wear on the job.
The court was unanimous Monday in ruling in favor of United States Steel Corp. over workers' claims that they should be paid under the terms of federal labor law for the time it takes them to put on flame-retardant jackets and pants, safety glasses, earplugs, hardhats and other equipment.
Justice Antonin Scalia said for the court that the labor agreement between the company and the workers' union says the employees don't get paid for time spent changing clothes. Scalia said most of the items count as clothing. He said earplugs, glasses and respirators are not clothing, but take little time to put on. |
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