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Court won't stop BP oil spill claims payments
Trending Legal Issues |
2014/05/29 12:49
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BP PLC must resume paying claims while it asks the U.S. Supreme Court to review its settlement with businesses over the 2010 Gulf of Mexico oil spill, a federal appeals court panel said Wednesday.
The 2-1 judgment said the 5th U.S. Circuit Court of Appeals will not put a stop to payments while BP appeals the court's earlier ruling that businesses, under the settlement, don't have to prove they were directly harmed by the spill to collect money.
BP asked the Supreme Court to review Wednesday's ruling, saying that otherwise "countless awards totaling potentially hundreds of millions of dollars will be irretrievably scattered to claimants that suffered no injury traceable to BP's conduct."
The high court is likely to hear the case because it deepens a split among federal appeals courts about whether courts can approve of a group of people who say it was wronged by the same action, which is called a class, "even when it includes vast numbers of members who were not injured by the defendant's conduct." Six appellate courts have said no; the 5th Circuit is one of two that have upheld certification of such classes, the attorneys wrote.
It said the claims administrator has approved "$76 million to entities whose entire losses clearly had nothing to do with the spill, such as lawyers who lost their law licenses and warehouses that burned down before the spill occurred." He has approved another $546 million to people and companies far from the coast whose businesses have no logical connection to the spill, according to the appeal. |
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Condemned Texas inmate loses Supreme Court appeal
Court and Trial |
2014/05/29 12:49
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The U.S. Supreme Court has refused to review an appeal from condemned Texas inmate Duane Buck, whose supporters contend his death sentence decided by a Houston jury 17 years ago unfairly was based on race.
"His death sentence is the product of pervasive racial discrimination," attorneys Christina Swarns, Kathryn Kase and Kate Black said in a statement Wednesday.
Without comment, the high court Tuesday rejected Buck's appeal. The ruling was an appeal of a similar rejection in November from the Texas Court of Criminal Appeals, the state's highest criminal court.
Buck, 50, was convicted of capital murder and sent to death row for the slaying of his ex-girlfriend and a man at her Houston apartment in July 1995. During the punishment phase of Buck's 1997 trial, psychologist Walter Quijano testified under cross-examination by a Harris County prosecutor that black people were more likely to commit violence.
Advocates for Buck, who is black, say that unfairly influenced jurors, who in Texas capital cases must decide when deliberating a death sentence whether an offender would be a continuing threat. Quijano, called as a defense witness, had testified earlier that Buck's personality and the nature of his crime, committed during rage, indicated he would be less of a future danger. |
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Suspect sought for death penalty appears in court
Trending Legal Issues |
2014/05/27 12:44
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The suspect accused of kidnapping and killing a 15-year-old girl in Northern California has appeared in court for the first time since prosecutors say they are seeking the death penalty against him.
KTVU-TV reports that Antolin Garcia-Torres made a brief appearance in a Santa Clara County courtroom in San Jose on Friday.
It was the his first time since District Attorney Jeff Rosen announced he was seeking capital punishment against Garcia-Torres in the disappearance of Sierra LaMar.
Garcia-Torres is accused of killing the Morgan Hill girl who vanished while on her way to school in March 2012. He was arrested two months later, after authorities say they found Sierra's DNA in his car and his DNA in her handbag. |
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W. Bradley Ney - Washington, DC Business Litigation Lawyer Services
Top Attorney News |
2014/05/27 12:44
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Brad's combined expertise of business and accounting issues allows him to create unique arguments and solutions in several types of business disputes. His thoughtful and meticulous litigation approach regularly leads to favorable results for his clients. Brad has represented the business interests of numerous companies, officers, individuals, and boards in state and federal courts, before the Securities and Exchange Commission, and in arbitrations and mediations. He's represented both plaintiffs and defendants in trials and court proceedings. Brad understands that serving his clients' best interests sometimes requires alternative methods of dispute resolution.
Brad's primary focuses are listed below:
Business Litigation
Contract & Business Disputes
Securities Litigation
Franchise Disputes
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Insurance Disputes
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If you're an individual, small business, or medium business, you deserve the finest legal representation. Contact the Law Offices of W. Bradley Ney for all your Washington DC Business Litigation Lawyer Service needs. |
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Federal court upholds California water transfer
Trending Legal Issues |
2014/05/20 13:58
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A federal appeals court says environmental reviews were properly done on the nation's largest farm-to-city water transfer, the latest ruling to uphold a 2003 agreement on how California agencies divide that state's share of Colorado River water.
A three- judge panel of the 9th U.S. Circuit Court of Appeals ruled Monday that federal authorities properly considered how the transfer from Imperial County to San Diego would affect the Salton Sea, California's largest lake. The shrinking lake relies on water runoff from Imperial Valley farms.
The ruling upholds a decision by U.S. District Judge Anthony Battaglia in San Diego. Imperial County and the Imperial County Air Pollution Control sued in 2009, alleging violations of the National Environmental Policy Act. |
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