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Appeals court reinstates BP shareholders' lawsuit
Legal Blog News |
2014/02/18 15:30
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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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CA Supreme Court justice to retire
Top Court Watch |
2014/02/13 16:06
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The longest-serving current justice of the California Supreme Court announced Tuesday that she is retiring.
Justice Joyce Kennard notified Gov. Jerry Brown that she intends to step down on April 5, ending her 24-year tenure as a member of the state's highest court.
"The state and its people have been very well served by Justice Kennard," Brown said in a statement on Tuesday. "Her independence and intellectual fortitude have left a lasting mark on the Court."
Former Gov. George Deukmejian appointed Kennard to the Supreme Court in 1989, The San Jose Mercury News reported. She previously was a Los Angeles trial judge and an appeals court justice for a brief time before being elevated to the State Supreme Court.
Kennard, 72, has a unique personal history, according to the Mercury News, because she is a native of Indonesia, moved to the Netherlands as a teenager and lost part of her right leg to a tumor, forcing her to walk with a prosthetic the rest of her life.
Kennard moved to the United States in 1961, settling in Southern California. She earned her law degree from the University of Southern California.
In her tenure on the court, she became famous for interjecting questions during oral arguments, often turning them into lengthy speeches before pointing her finger at a lawyer and demanding an answer. Despite being an appointee of the conservative Deukmejian, she was often unpredictable in her rulings and would come down on the more liberal side of social issues before the court.
Kennard was in the 4-3 majority that in 2008 struck down California's long-standing ban on gay marriage, a ruling that preceded voter approval of Proposition 8 — which restored the same-sex marriage ban until the U.S. Supreme Court invalidated it last year. |
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Nevada Officials Won't Defend Gay Marriage Ban
Top Court Watch |
2014/02/13 15:59
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In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.
Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban pending before a federal appeals court, saying a recent court decision made the state's arguments "no longer defensible."
Attorney General Catherine Cortez Masto filed a motion with the 9th Circuit Court of Appeals that said Nevada's legal arguments supporting the voter-approved prohibition aren't viable in light of the court's recent ruling that said potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.
"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.
Nevada's move comes as courts around the country and the federal government have chipped away at laws that prohibit same-sex marriage and benefits in recent months. Meanwhile, some states and interest groups have rallied to defend limiting marriage to between a man and a woman. |
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Farmer pleads guilty in pot growing scheme
Law Firm Press Release |
2014/02/10 15:07
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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
Topics in Legal News |
2014/02/10 15:07
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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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