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Texas high court agrees to rehear Exxon case
Court Watch |
2009/11/23 05:01
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The Texas Supreme Court on Friday said it will again hear arguments in the nearly 15-year legal battle over accusations that Exxon Mobil Corp. loaded abandoned wells with junk, sludge and even explosives to keep other companies from drilling there. A small drilling company that tried to enter the wells near Corpus Christi, and the land owners, accused the world's largest publicly traded oil company of intentionally wrecking the wells. The plaintiffs won at trial in 1999, but the Texas Supreme Court reversed the finding in March. That ruling from the state's highest civil court sparked a campaign to rehear the case led by the Texas land commissioner and state comptroller. "At least I think that the Supreme Court recognized that they probably didn't rule the way they should've," said Glenn Lynch, former Emerald Oil & Gas president who says his company has lost millions fighting Exxon. "What I'd like to see them do is make it right. That's all we really ever asked them." |
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Lethal injection creator fine with 1 drug in Ohio
Breaking Legal News |
2009/11/23 02:59
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The man considered the father of lethal injection in the United States said it doesn't matter whether three fatal drugs are used or one — as his home state of Ohio has proposed — as long as the drug works efficiently. Dr. Jay Chapman, who developed the lethal three-drug cocktail in the 1970s when he was the Oklahoma state medical examiner, said Ohio's decision to become the first state in the nation to use only one drug achieves that goal. He said there was no particular reason he didn't propose a single drug, other than a concern that it might take a little longer to work. His three-drug method became widespread after states copied Oklahoma. Now Chapman, semiretired in California at age 70, said he believes the system he helped create shows condemned inmates too much mercy. "Their death is made much too easy by this sort of protocol for the crimes that they committed," he told The Associated Press last week. But he said the hope was injection would avoid the pain-and-suffering arguments and allow executions to take place. Under Ohio's new system, executioners would use a single large dose of thiopental sodium, an anesthetic, to put inmates to death, similar to the way veterinarians euthanize animals. |
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US sailor cleared of assaulting Sydney prostitute
International |
2009/11/23 01:58
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A U.S. Navy serviceman was found not guilty Monday of sexually assaulting a prostitute at a brothel while on shore leave in Australia's biggest city. A New South Wales District Court jury cleared Petty Officer Timothy Davis, 25, of a charge of sexual intercourse without consent, with the aggravating factor of causing the woman actual bodily harm. The charge carries a sentence of up to 20 years in prison. Davis was one of 3,000 Marines and Navy personnel on shore leave in Sydney after the amphibious assault ship USS Peleliu and guided missile destroyer USS Halsey arrived in the port in October, 2008. The woman told the court she had protected, consensual sex with Davis at the brothel where she worked, but said he became aggressive when she told him his time was up and forced her to have unprotected sex. The jury was shown police photographs of scratches on the woman. |
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Suit over search-engine keywords tries new angle
Court Watch |
2009/11/20 08:46
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A lawsuit in Wisconsin is bringing a fresh challenge to the practice of paying for keywords on Google and other search engines to boost one company's link over a rival's. The practice has occasionally prompted a rival to file legal challenges alleging trademark infringement. Now a Wisconsin law firm is trying a new angle — accusing its competitor of violating privacy laws. Habush Habush & Rottier is one of Wisconsin's largest law firms, specializing in personal-injury cases. But search for iterations of "Habush" and "Rottier" and a sponsored link for Cannon & Dunphy attorneys often shows up, just above the link for the Habush site. Habush alleges that Cannon paid for the keywords "Habush" and "Rottier," in effect hijacking the names and reputation of Habush attorneys. Cannon acknowledged paying for the keywords but denied wrongdoing, saying it was following a clearly legal business strategy. The lawsuit was filed Thursday in Milwaukee, where Habush is headquartered. Cannon is based in nearby Brookfield. |
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Atlanta judicial leaders declare court 'emergency'
Law Center |
2009/11/20 08:44
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Georgia's biggest court system has warned that a 2010 Fulton County proposal that cuts $53 million from the judicial budget could force them to shut down the courthouse, jeopardize death penalty cases and slash as many as 1,000 jobs. Fulton County's judicial leaders declared an "economic state of emergency" and warned Wednesday that the cuts, which amount to about a fourth of Fulton County's judicial budget, would lead to drastic changes at the Fulton County Jail, the sheriff's office along with prosecutors, judges and public defenders. "This is not something you can adjust to," said Doris Downs, the county's chief superior court judge. "This is going to dismantle the justice system." The proposed cuts, which were released last week, are part of a spending plan that would slash the county's funding by $148.2 million in 2010. Downs and other judicial leaders said the cuts came as a surprise to them and urged commissioners to rethink the spending plan before it plunges the legal system into a "crisis." Fulton County Commission Chair John Eaves said the spending plan is still tentative and that commissioners will approve final changes in January. But he said that the judicial system will have to shoulder a portion of the cuts along with other county agencies. |
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FEC fines Fieger firm over campaign donations
Legal Business |
2009/11/20 06:45
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A Michigan law firm has agreed to pay a $131,000 fine to resolve an investigation into donations to former Sen. John Edwards' 2004 presidential campaign. The Federal Election Commission said Thursday it had reached an agreement with the law firm of Geoffrey Fieger, who once represented assisted suicide advocate Dr. Jack Kevorkian, after the commission found probable cause that Fieger's firm violated campaign finance laws. Fieger, a Democrat who lost a bid for Michigan governor in 1998 against Republican Gov. John Engler, has denied any wrongdoing. Fieger and his law partner, Ven Johnson, were acquitted in 2008 of illegally funneling campaign money for Edwards' 2004 presidential race. Jurors said the government failed to prove the lawyer knew he was breaking the law. Fieger's lawyer, Michael Dezsi, said the firm decided to pay the fine instead of continuing the litigation. "We felt confident that we would have prevailed as we did against the Justice Department. But for the amount we were able to negotiate the settlement, it simply just wasn't worth the litigation. We've spent years litigating this," he said. Under the agreement, which was reached in October, the FEC said it found probable cause that the law firm made payments to 66 individuals to reimburse them for $131,000 in contributions to Edwards' presidential campaign. Under campaign finance laws, corporations are barred from making contributions to a candidate and donors are prohibited from contributing in the name of another person. The commission voted to take no further action against Fieger or Johnson. Documents filed by the commission show that FEC commissioners were deadlocked over whether Fieger and Johnson "knowingly and willfully" violated campaign finance laws. Deszi said that finding could have led to fines of about $1 million. |
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NY ex-lawyer surrenders to serve prison term
Court Watch |
2009/11/20 05:44
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Promising "you haven't seen the last of me," a 70-year-old disbarred lawyer convicted in a terrorism case surrendered to U.S. marshals Thursday to begin serving her prison term after a New York appeals court upheld her conviction. A smiling Lynne Stewart walked with several dozen supporters to a collection of cameras on her way into U.S. District Court in Manhattan on Thursday, shaking a fist in the air to chants of "Free Lynne Stewart." "It's very hard to feel downhearted today," she said. "I can take whatever they dish out. I am not going to back off ever." Stewart said she would become a jailhouse lawyer to the extent her disbarment will allow, helping other inmates with their legal fights. Stewart was ordered a day earlier to begin serving her two-year, four-month sentence. She was convicted in 2005 of charges that she let a Muslim extremist client convicted in a plot to blow up New York City landmarks communicate with followers. She was sentenced in 2006. The 2nd U.S. Court of Appeals in Manhattan on Tuesday upheld the conviction and rejected a request just minutes before she entered the courthouse Thursday to further delay her incarceration. She had been free on bail pending appeal. As soon as she heard her last chance to stay free was taken away, she announced to the crowd: "OK. We're going to prison folks." The appeals court had also directed Stewart's sentencing judge to consider whether she should receive a harsher sentence after determining whether she lied to the jury during her trial. |
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