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Supreme Court term begins amid government shutdown
Politics & Law |
2013/10/11 17:53
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The Supreme Court began its new term Monday by turning away hundreds of appeals, including Virginia's bid to revive its anti-sodomy law.
The justices took the bench just past 10 o'clock on the first Monday in October, even as much of the rest of the government was coping with a partial shutdown.
Chief Justice John Roberts formally opened the new term without any reference to the partisan impasse over the budget and the new health care law that his vote helped uphold in 2012.
The court has announced it will operate normally at least through the end of this week. The justices are hearing six arguments, including a challenge to limits on campaign contributions.
Among the appeals denied Monday was Virginia Attorney General Ken Cuccinelli's request to review a federal appeals court ruling that threw out the state's ban on oral and anal sex. Ten years ago, the Supreme Court struck down the Texas anti-sodomy law in a case involving two adults. Virginia argued that the Texas ruling did not apply to sex acts between adults and minors.
The justices did not comment in rejecting that argument Monday.
The court also declined to hear, at least for now, Argentina's appeal of a ruling that orders it to pay hedge funds that bought up some of the country's unpaid debt from its default in 2001. The country is continuing to pursue its case in federal court in New York and could file another appeal with the Supreme Court.
The new term may be short on the sort of high-profile battles over health care and gay marriage that marked the past two years, but the court already has agreed to hear important cases about campaign contributions, housing discrimination, government-sanctioned prayer and the president's recess appointments. Abortion, contraceptive coverage under the new health care law and cellphone privacy also may find their way onto the court's calendar.
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PG&E starts pipeline shutdown under court order
Press Releases |
2013/10/07 17:37
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Pacific Gas & Electric Co. says it will comply with a judge's order and shut down a natural gas pipeline after safety issues were raised.
The utility said Sunday it believes the pipeline is safe despite an engineer's email questioning the safety of the 83-year-old line's welds. PG&E said it could take until Tuesday to safely shut down the line and seamlessly switch its customers to another line.
A judge ordered the line shut down after San Carlos city officials discovered the email and declared a "state of emergency."
The email said PG&E's records incorrectly show the line containing a newer, more reliable weld than it actually has.
PG&E said state-of-the-art tests show the line is safe and that it was shutting the line only because of the court order. |
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Appeals court moves BP forward in settlement disput
Headline News |
2013/10/04 20:43
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The April 2010 blowout of BP's Macondo well off the Louisiana coast triggered an explosion that killed 11 workers on the Deepwater Horizon drilling rig and led to millions of gallons of oil spilling into the Gulf. Shortly after the disaster, BP agreed to create a $20 billion compensation fund that was administered at first by the Gulf Coast Claims Facility, led by attorney Kenneth Feinberg.
BP argued that Barbier and court-appointed claims administrator Patrick Juneau misinterpreted terms of the settlement. Plaintiffs' lawyers countered that BP undervalued the settlement and underestimated how many claimants would qualify for payments.
In the panel's majority opinion, Judge Edith Brown Clement said BP has consistently argued that the settlement's complex formula for compensating businesses was intended to cover "real economic losses, not artificial losses that appear only from the timing of cash flows."
"The interests of individuals who may be reaping windfall recoveries because of an inappropriate interpretation of the Settlement Agreement and those who could never have recovered in individual suits for failure to show causation are not outweighed by the potential loss to a company and its public shareholders of hundreds of millions of dollars of unrecoverable awards," Clement wrote.
Judge Leslie Southwick wrote a concurring opinion. Judge James Dennis wrote a partial dissent, largely disagreeing with the other two.
"Because BP has not satisfied its heavy burden of showing that a change in circumstances or law warranted the modifications it sought, the district court correctly affirmed the Administrator's decision rejecting BP's argument and actions to modify the agreement," Dennis wrote. |
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Military high court to hear Kan. HIV exposure case
Top Legal News |
2013/09/30 22:21
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The highest court for the U.S. armed forces has agreed to hear the appeal of a Kansas airman convicted of assault for exposing multiple sex partners to HIV at swinger parties in Wichita, his attorney said Friday.
David Gutierrez was a sergeant serving at McConnell Air Force base in Kansas when he was sentenced in 2011 to eight years in prison and stripped of his rank in an aggravated assault case. Prosecutors told the trial judge that a stiff sentence would send a message that the military values the integrity of its service members, saying Gutierrez played Russian roulette with his sexual partners' lives.
The defense on appeal has won a rare opportunity to present before the U.S. Court of Appeals for the Armed Forces an argument that his attorney says could set a far-reaching precedent across the military.
"It will set the table for the entire military services as to what kind of evidence is necessary to find that someone can cause grievous bodily injury after testing positive for HIV," said Kevin McDermott, one of his defense attorneys.
In addition to the HIV issue, the military appeals court agreed Tuesday to decide whether the evidence was sufficient to find Gutierrez committed adultery. The defense contends Gutierrez can't be guilty of adultery because his wife participated with her husband in the "swinger's lifestyle."
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Once notable NJ lawyer given life sentence
Legal News |
2013/09/25 18:53
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A defense attorney who once had a roster of celebrity clients and boasted of having tried hundreds of cases in federal court was sentenced there on Monday to life in prison without parole after his conviction on nearly two dozen counts including murder conspiracy and racketeering.
Paul Bergrin, in custody since his 2009 arrest, wore khaki prison scrubs and showed little reaction as a judge read what amounted to several life sentences Monday afternoon in a federal courtroom in Newark.
The 57-year-old former federal prosecutor once represented an Army reservist charged in the Abu Ghraib prison scandal in Iraq and celebrities such as Queen Latifah, the rapper Lil' Kim and the group Naughty By Nature. He also represented reputed gang members and alleged drug kingpins from his offices in Newark.
Bergrin, formerly of Nutley, and several associates were arrested and charged in May 2009 with running his law business as a criminal enterprise. The U.S. attorney's office charged Bergrin with more than 30 counts including racketeering, setting up the murder of a witness, money laundering and drug offenses. His first trial, in which Bergrin represented himself, ended in a hung jury two years ago.
A second trial resulted in his conviction in March on 23 counts related to operating what prosecutors said was a racketeering enterprise that engaged in drug trafficking, prostitution, bribery, plotting to murder witnesses and money laundering. |
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Chicago Out-of-State Counsel Attorneys
Firm News/Illinois |
2013/09/25 18:53
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Local Counsel for Out-of-State Clients
Companies need attorneys who understand the business-to-business and government procurement environments. Having an attorney focused specifically in the business counsel marketplace can help focus on practical solutions.
Chicago based firm serves Circuit Court of Cook County, Illinois or Wake County, North Carolina. We deal with clients who have been served with complaints and disputes. If you find yourself having disputes with another company, don't hesitate to contact us for local representation. Are you out-of-state? That will not be a problem because we also offer local counsel for out-of-state clients and treat you just the same regardless of your location.
Commercial litigation can take a toll on businesses, especially when the unexpected happens. We know that it can also place an emotional and financial burdern on a business. With our experienced lawyers' in-depth knowledge of local laws and procedures, we can handle every aspect of your case so that you can concentrate on expanding your business for success.
The firm also advises businesses and entrepreneurs with legal issues regarding regulatory matters, so that they stay in compliance with Illinois administrative and statutory provisions governing their businesses. This will help guide employers in the review, drafting, and implementation of employment policies for a successful future. We have seen some businesses fail because of poor planning in their business needs. So, there is good reason to contact a business attorney for guidance.
The attorneys of The Roth Law Group treat every client as if they are the firm's most important client, no matter where you are located. For the highest quality legal advice in Chicago call us at 312-419-9599 or 919-654-6751 for our Norh Carolina office to talk with a local, Cook County or Wake County lawyer about the legal needs of your business. |
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Craig Hubble - Hawthorne Employment Discrimination Attorney
Firm News/California |
2013/09/23 18:40
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Hawthorne Employment Discrimination Attorney can help you with discrimination dealt with in the work environment. It is both a federal and California law that protects individuals from being discriminated in the workplace that is based upon an employee’s “protected characteristics,” such as race, color, age (over 40), gender, pregnancy, religion, national origin, marital status, physical or mental disability, medical condition, sexual orientation or political activities or affiliations.
In Los Angeles, discrimination can take the form of “disparate treatment,” such as termination, being denied raises or promotions, and other matters like negative performance reviews. Victims of discrimination in the workplace typically seek compensation for lost wages, emotional distress, punitive damages, attorney’s fees and court costs.
Mr. Craig Hubble is the aggressive and skilled attorney you need for your employment discrimination case. Contact us today for a free consultation as to your rights and potential remedies. Because these matters are pursued on a contingency basis, there is no fee unless and until you are compensated. |
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