Thursday, March 6, 2014

High court sides with parent who fled with child

The Supreme Court has made it harder for a parent in a custody dispute to seek the immediate return of a child under an international treaty to deter child abduction. The justices ruled unanimously Wednesday that a one-year clock begins ticking when a child is taken out of its country of residence, even if the parent left behind cannot determine where the child is living. In the one-year period, the Hague Convention on child abduction gives judges little option but to return the child to its home country. After a year, judges have more discretion and must take account of evidence that the child is settled in its new home.

Monday, February 3, 2014

Teen charged in Mass. teacher killing due in court

A 15-year-old Massachusetts boy charged with killing his math teacher is returning to court Thursday for arraignment on a second rape charge. Philip Chism is charged in the October killing of Colleen Ritzer, a 24-year-old teacher at Danvers High School. Chism has pleaded not guilty to charges of rape, robbery and murder. He was indicted last week on the initial rape charge. In court documents filed last week, state police say Chism admitted killing Ritzer but denied raping her. Police say they want to conduct a forensic examination of Chism's cellphone to see if he memorialized the killing in photos, video or audio recordings. Authorities allege Chism raped and killed Ritzer after she asked him to stay after school for extra help. Chism's arraignment is in Salem Superior Court.

Monday, January 6, 2014

Pa. monsignor due in court after leaving prison

A Roman Catholic church official is due in court Monday for the first time since his conviction in the priest sex-abuse scandal was reversed. Monsignor William Lynn is not quite a free man. He must remain under electronic monitoring while prosecutors try to restore the conviction. Lynn served 18 months in prison for felony child-endangerment. He was the first U.S. church official ever convicted over his handling of abuse complaints. Lynn says he tried to protect children as secretary for clergy in Philadelphia from 1992 to 2004, but prosecutors say he sought only to protect the church. The 63-year-old Lynn will appear in court to review terms of his release from prison last week. A judge says he must live in Philadelphia and report weekly to probation.

Friday, December 20, 2013

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.

Wednesday, November 6, 2013

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.

Friday, October 4, 2013

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.

Thursday, September 5, 2013

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.