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Moscow court orders paper to refute a report on Rosneft CEO
Law Promo News |
2016/10/11 22:32
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A court in Moscow has ordered a leading independent newspaper to retract an article about a luxury yacht allegedly owned by the chief of Russia's top state-controlled oil company. retract
The Basmanny District Court ruled Monday that the Novaya Gazeta report linking Rosneft Chairman Igor Sechin to the St. Princess Olga yacht was untrue.
The newspaper used social media and ship tracking data to allege that Sechin was the yacht's possible owner, but the court ruled that the allegations were unfounded.
Sechin has been a close associate of Russian President Vladimir Putin. He served as a deputy prime minister before taking helm of the giant Rosneft oil company.
Last month, another Moscow court ordered the business daily Vedomosti to withdraw a report about a mansion it claimed belonged to Sechin.
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Court: Construction can resume on small stretch of pipeline
Law Center |
2016/10/10 22:33
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A federal appeals court on Sunday opened the door for construction to resume on a small stretch of the four-state Dakota Access pipeline while it considers an appeal by the Standing Rock Sioux Tribe.
The ruling removed a temporary injunction that halted work on the project.
The tribe had asked the U.S Court of Appeals for the District of Columbia Circuit to continue work stoppage on the pipeline within 20 miles of Lake Oahe in North Dakota. The court earlier ordered work to stop while it considered the motion.
In a statement, Standing Rock Sioux Tribe Chairman Dave Archambault II said that the tribe "is not backing down from this fight."
"We will not rest until our lands, people, waters and sacred places are permanently protected from this destructive pipeline," Archambault said.
Owned by Dallas-based Energy Transfer Partners, the $3.8 billion, 1,172-mile project would carry nearly a half-million barrels of crude oil daily from North Dakota's oil fields through South Dakota and Iowa to an existing pipeline in Patoka, Illinois, where shippers can access Midwest and Gulf Coast markets.
The company did not immediately return an email Sunday seeking comment on the court's decision.
The pipeline passes near Standing Rock Sioux reservation land that straddles the North Dakota-South Dakota border. The tribe's protest encampment near the confluence of the Missouri and Cannonball rivers has swelled to thousands at times as demonstrators from around the country joined their cause.
Tribal and state officials also are at odds over whether sacred sites were destroyed while digging the pipeline corridor. The state archaeologist has said an inspection found no sign that the area contained human remains or cultural artifacts. |
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Hawaii Supreme Court affirms Maui solar telescope permit
Business |
2016/10/07 22:33
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Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.
The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.
Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.
"We only have one alternative now," she said. "We have to continue to protest in other ways."
They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.
The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.
State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.
"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."
Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.
"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.
External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month. |
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Oklahoma Supreme Court invalidates law restricting abortion
Business |
2016/10/04 12:20
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The Oklahoma Supreme Court has thrown out another state law that would put new restrictions on abortion providers.
In a unanimous opinion handed down Tuesday, all nine justices agreed that the statute adopted by the Legislature last year "contains different and unrelated purposes" in violation of the Oklahoma constitution's requirement that legislation cover a single subject.
The law encompasses four abortion-related topics: minors and parental consent; tissue preservation; inspection of clinics; and legal liability for abortion providers.
The New York-based Center for Reproductive Rights challenged the law and the state's highest court subsequently blocked it from going into effect. The center sued on behalf of Dr. Larry Burns of Norman, who performs nearly half of Oklahoma's abortions. |
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Supreme Court rejects Whitey Bulger appeal
Court Watch |
2016/10/03 12:20
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The Supreme Court has turned away James "Whitey" Bulger's appeal of his racketeering convictions and life sentence.
The justices did not comment Monday in leaving in place Bulger's convictions for playing a role in 11 murders and many other crimes.
The 87-year-old Bulger was a fugitive for 17 years until his arrest in 2011. A jury convicted him in 2013.
Bulger argued that the judge at his trial should have let him tell the jury that a now-dead federal prosecutor had granted him immunity from prosecution. The judge said Bulger hadn't offered hard evidence that such an agreement existed.
Bulger also contended that federal prosecutors failed to disclose "promises, rewards and inducements" made to John Martorano, a hit man who testified against the Boston gangster at his trial.
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Supreme Court in holding pattern, awaiting ninth justice
Bankruptcy |
2016/10/02 12:40
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The Supreme Court is set to begin its new term as it ended the last one — down one justice and ideologically deadlocked on a range of issues.
The absence of a ninth justice since Antonin Scalia's death in February has hamstrung the court in several cases. It's forced the justices to look for less contentious issues on which they're less likely to divide by 4-4.
It could be several months, at least, before the nation's highest court is again operating at full strength.
How the presidential election turns out will go a long way toward determining the judicial outlook of the ninth justice, the direction of the court and the outcome of several cases already being heard and others that probably will be at the court soon.
A rush hour commuter train crashed through a barrier at the busy Hoboken station and lurched across the waiting area Thursday morning, killing one person and injuring more than 100 others in a grisly wreck that renewed questions about whether long-delayed automated safety technology could have prevented tragedy.
People pulled chunks of concrete off pinned and bleeding victims, passengers kicked out windows and crawled to safety and cries and screams could be heard in the wreckage as emergency workers rushed to reach the injured in the tangle of twisted metal and dangling wires just across the Hudson River from New York City.
The New Jersey Transit train ran off the end of the track as it was pulling in around 8:45 a.m., smashing through a concrete-and-steel bumper. As it ground to a halt in the waiting area, it knocked out pillars, collapsing a section of the roof. |
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US Supreme Court won't hear Arizona death sentence case
Business |
2016/10/02 12:20
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The U.S. Supreme Court's refusal to hear Arizona's appeal of a lower court ruling that overturned a convicted murderer's death sentence has opened the door for about 25 death row inmates to challenge their sentences.
The justices on Monday let stand the ruling that said Arizona unconstitutionally excluded evidence about James McKinney's troubled childhood and post-traumatic stress disorder that might have led to a lesser punishment.
The 9th U.S. Circuit Court of Appeals ruled last December that Arizona's causal nexus rule violated the Constitution. The rule required any mitigating evidence, such as mental illness or post-traumatic stress disorder, to be directly tied to the crime committed to be relevant in sentencing. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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