Hearing: Which court should hear coastal lawsuit?

A legal tug-of-war continues in a state levee board's lawsuit against 97 oil, gas and pipeline companies over the erosion of wetlands. The Southeast Louisiana Flood Protection Authority-East wants U.S. District Judge Nannette Jolivette Brown to send the case back to Orleans Parish Civil District Court, where the board filed it in July. Attorneys for Chevron USA Inc. got the lawsuit moved to federal court in August, arguing that federal laws govern many of its claims. Since then, lawyers have filed hundreds of pages of arguments and exhibits just on the question of which court should hear the case. Brown scheduled arguments Wednesday. The lawsuit says oil and gas canal and pipeline work has contributed to the erosion of wetlands that protect New Orleans when hurricanes move ashore. Corrosive saltwater from a network of oil and gas access and pipeline canals has killed plants that anchored the wetlands, letting waves sweep away hundreds of thousands of coastal land, it says. Gov. Bobby Jindal has blasted the lawsuit as a windfall for trial lawyers and his coastal protection chief, Garret Graves, said the suit would undermine Louisiana's work with the industry to rebuild wetlands. An association of state levee districts voted to oppose the suit. Since then, however, two coastal parishes heavily dependent on the industry have filed lawsuits of their own raising similar issues. Earlier this month, the Louisiana Oil and Gas Association sued the state's attorney general, accusing him of illegally approving the Southeast Louisiana board's contract with lawyers who filed its lawsuit. The association contends that Buddy Caldwell had no authority to approve the contract and that the suit will have "a chilling effect on the exploration, production, development and transportation" of Louisiana's oil and gas.

Appeals court to review approval of BP settlement

A year ago, lawyers for BP and Gulf Coast residents and businesses took turns urging a federal judge to approve their settlement for compensating victims of the company's massive 2010 oil spill. On Monday, however, the one-time allies will be at odds when an appeals court hears objections to the multibillion-dollar deal. That's because several months after U.S. District Judge Carl Barbier approved the settlement, BP started complaining that the judge and court-appointed claims administrator were misinterpreting it. The London-based oil giant is worried it could be forced to pay billions of dollars more for bogus or inflated claims by businesses. Plaintiffs' attorneys who brokered the deal want the 5th U.S. Circuit Court of Appeals to uphold the class-action settlement. As of Friday, payments have been made to more than 38,000 people and businesses for an estimated $3.7 billion. Tens of thousands more could file claims in the coming months. The settlement doesn't have a cap, but BP initially estimated that it would pay roughly $7.8 billion to resolve the claims. Later, as it started to challenge the business payouts, the company said it no longer could give a reliable estimate for how much the deal will cost. The dispute centers on money for businesses, not individuals. Awards are based on a comparison of revenues and expenses before and after the spill. BP says a "policy decision" that claims administrator Patrick Juneau announced in January has allowed businesses to manipulate those figures in a way that leads to errors in calculating their actual lost profits.

Spanish court convicts 53 in corruption trial

A Spanish court convicted 53 people Friday in the country's biggest-ever corruption trial, which lasted two years and centered on widespread real estate fraud and bribery in the southern jet-set resort town of Marbella. The defendants in the trial, which ended last year, included former town hall officials, lawyers and business representatives. The judge took several months to decide on the sentences — 40 other people were acquitted and two accused died while the case was being prepared. Under a highly complex scheme in the mid-1990s, city funds were widely misappropriated, and public officials and business representatives divvied up under-the table kickbacks for planning permissions and construction of hotels, residential complexes and urban infrastructure. Much of the money was then laundered with the help of lawyers. Marbella, located on Spain's southern coast, was a magnet for jet set and society figures from across the world during the 1970s and 1980s. The man who prosecutors said was the mastermind of the fraud, former Marbella urban planning adviser Juan Antonio Roca, got the biggest sentence — 11 years — for money laundering, bribery and fraud. He also was fined 240 million euros ($326 million). Roca has been in jail since 2006 when he was first arrested as the case broke. Back then, he was considered one of the richest people in Spain with his assets including ranches, fighting bulls, thoroughbred horses, art, expensive cars and boats. The scheme began when late Atletico Madrid soccer club owner Jesus Gil y Gil was mayor of Marbella between 1991 and 2002. Roca began working for Marbella town hall under Gil and claimed during the trial that he was just following the mayor's orders.

Court asked to uphold BP settlement approval

Plaintiffs' attorneys who brokered a multibillion-dollar settlement with BP following the company's 2010 Gulf oil spill have asked a federal appeals court to uphold a judge's approval of the deal. Only a "paltry few objectors" have raised the "narrowest of concerns" about the settlement that U.S. District Judge Carl Barbier approved in December 2012, private lawyers said in a filing Tuesday with the 5th U.S. Circuit Court of Appeals. "None of them complain of their compensation calculations, identify what compensation they are entitled to under the Settlement, or define what other or greater compensation they believe they should receive," the attorneys wrote. On Friday, BP attorneys argued that a three-judge panel of the 5th Circuit should overturn Barbier's approval order if the company's separate appeal of more recent rulings on settlement terms is unsuccessful. BP argues that Barbier misinterpreted the settlement and has allowed businesses to receive hundreds of millions of dollars for inflated or fictitious claims. A different 5th Circuit panel heard the company's appeal in July but hasn't ruled yet. BP said it would still support Barbier's approval of the settlement if its appeal is successful. Although Tuesday's brief doesn't explicitly address that dispute, plaintiffs' lawyers said BP initially was "thrilled" with how claims were being processed. They previously have argued that BP undervalued the settlement and underestimated how many claimants would qualify for payments. Court-supervised claims administrator Patrick Juneau's office has made more than $4.5 billion in settlement offers to more than 55,000 Gulf Coast businesses and residents who claim the spill cost them money.

San Diego, California - Personal Injury Law

When you or a loved one has been injured and need professional help with your personal injury case, McDonnell Law is here for you. Getting injured due to negligence can have serious consequences and should not be determine your future. It is important to hire a skilled attorney on your behalf to fight for every right to get justice served.We will answer all your concerns and questions regarding your specific case in order to determine if you are qualified to file for a personal injury lawsuit. There is no case too big or too challenging for us, and we will give the attention you deserve. Our firm specializes in getting claims resolved and fighting for compensation rights is what we have been trained to do. Negligence should not be taken lightly and should not be the cause of someone else's suffering.McDonnell Law wants to advocate for your justice. We handle all types of personal injury cases such as: Car Accidents Motorcycle Accidents Truck Accidents Defective Products Medical Malpractice Bicycle/Pedestrian Accidents Wrongful Death Slip & Fall Injuries Premises Liability Traumatic Brain Injury Dog Bites It doesn't need to be any more stressful during this difficult time. To help ease through the process, you need to know who to turn to for help. Many insurance companies may take advantage of the unstable state you may be in after a personal injury. Don't let this happen to you and be sure to contact an attorney to ensure that you maximize your financial reimbursement and get what you deserve. Personal injury matters can be complicated for you, but it doesn't have to be. We will worry about the technical components while you get sufficient time to deal with your physical and emotional trauma. Located in beautiful San Diego, McDonnell Law practices in all areas of personal injury and is here to fight for your rights and to represent you in your case. No injury is too minor for us. McDonnell Law handles every case and every client with the attention they deserve and will work hard to get the results you want. Contact Attorney Xavier K. McDonnell today at 619 857 9020 for a free consultation and evaluation of your case. Personal injury cases can impact you and your loved one's lives in a major way and cause emotional and financial burdens to your future. You can lessen some of these stresses or even completely avoid them by contacting McDonnell Law as soon as possible. We will aggressively fight for the compensation you deserve and take the crucial steps to get the best possible outcome. We are here to assist you during a difficult time. Don't hesitate to call and speak with us today. We are serious and competent when dealing with insurance companies, knowing when to take your claim to court should the negligent party's insurance company be unable to satisfy your claim fairly and in a timely manner.

Appeals court allows capital retrial of Wolfe

A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.

Ky appeals court upholds murder conviction

The Kentucky Court of Appeals has upheld the conviction of a former death row inmate in a 1998 slaying in Lexington.

The appeals court on Friday found that 40-year-old Gerald Young failed to prove his allegation that prosecutors put on false testimony at his trial.

Young is serving life in prison for complicity to commit murder in June 1997. Young was originally sentenced to death for hiring a hit-man to kill Osama Shalash in Lexington as part of a drug dispute.

The Kentucky Supreme Court in 2001 overturned the death sentence, finding no aggravating circumstances to warrant capital punishment. Young is currently challenging his resentencing. Two other men were also sentenced to prison in the slaying.

RI Supreme Court settles $8,500 Vegas loan dispute

What happens in Vegas shouldn't necessarily stay in Vegas, the Rhode Island Supreme Court said Friday as it ruled a Providence man who called a friend from Sin City to borrow $8,500 for gambling losses must pay it back despite an old law that says otherwise.
The court opinion ends a long legal dispute over the money given to Juan Catala by David S. Vogel, a Providence attorney who ran for Congress last fall as an independent. But despite the ruling from the high court, Catala said he'll never repay his former friend.
"I'll go to jail before I give him a dollar," Catala told The Associated Press.
According to court documents, Catala and his fiancée were on a trip to Las Vegas in 2007 when Catala called Vogel for help. According to Vogel, Catala said he had lost a substantial sum of money gambling and needed to recover his losses. Vogel agreed to wire $8,500 to the Bellagio Hotel.
After Catala refused to repay the loan, Vogel sued. Catala initially disputed that he had received the money but later argued that the loan was void because of a more than century-old Rhode Island law that invalidates loan agreements when the lender knows the money would be used for gambling. On Friday, Catala said Vogel gave him the money as an investment, with the understanding that he would be paid back only if Catala won.

Arnold Law Office, LLC - Criminal Defense

If you are facing Oregon state or municipal criminal charges, it is important to promptly retain competent criminal defense legal counsel.  A thorough review by an Oregon criminal defense attorney followed by an investigation can often make or break a case. The most candid remarks from potential witnesses come before the state has had multiple opportunities to interrogate and prepare witnesses. This is especially important in serious felony cases or Measure 11 and other mandatory minimum sentence cases.

When your liberty is in jeopardy due to a criminal case, it is important to invest in an Oregon criminal defense lawyer who will give your case the attention that it and you deserve.  You need to make an informed decision about the merits and hazards of a jury trial versus the advantages of plea negotiations. 

http://www.arnoldlawfirm.com/defense.html