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US court cuts Exxon Valdez damages by $2 billion
Breaking Legal News |
2006/12/23 21:49
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A federal appeals court on Friday cut in half a $5 billion jury award for punitive damages against Exxon Mobil Corp. in the 1989 Valdez oil spill that smeared black goo across roughly 1,500 miles of Alaskan coastline. The case, one of the nation's longest-running, non-criminal legal disputes, stems from a 1994 decision by an Anchorage jury to award the punitive damages to 34,000 fishermen and other Alaskans. Their property and livelihoods were harmed when the Valdez oil tanker struck a charted reef, spilled 11 million gallons of crude oil. It's the third time the appeals court ordered the Anchorage court to reduce the $5 billion award, the nation's largest at the time, saying it was unconstitutionally excessive in light of U.S. Supreme Court precedent. This time, in its 2-1 decision, the court ordered a specific amount in damages, while its previous rulings demanded a lower court to come up with its own figures. "It is time for this protracted litigation to end," the court said. U.S. District Judge H. Russel Holland of Anchorage begrudgingly complied in 2002, reducing damages to $4 billion. Irving, Texas-based Exxon again appealed. The following year, the appeals court ordered Holland to revisit his decision, this time balancing it against a new 2003 Supreme Court ruling that said punitive damages usually could not be more than nine times general damages. The Anchorage jury awarded $287 million in general damages -- and issued punitive damages that were 17 times that amount. Holland, appointed by President Reagan in 1984, declared Exxon's conduct "reprehensible" and set the figure at $4.5 billion plus interest, ruling that the Supreme Court's precedent did not directly apply to the case. Exxon again appealed, and argued that it should have to pay no more than $25 million in punitive damages, which are meant to punish a company for misconduct. The company, whose $36.1 billion in earnings last year were the highest ever by any U.S. corporation, said it has spent more than $3 billion to settle federal and state lawsuits and to clean the Prince William Sound area. The company earned about $5 billion when the spill occurred. In October, Exxon Mobil reported earnings of $10.49 billion in the third quarter, the second-largest quarterly profit ever recorded by a publicly traded U.S. company. In 1994, a federal jury found recklessness by Exxon and the captain of the Valdez, Joseph Hazelwood, who caused the tanker to run aground. That finding of malfeasance made Exxon liable for punitive damages. The plaintiffs alleged Hazelwood ran the ship into a reef while drunk and Exxon knew he had a drinking problem, but left him in command of tankers. |
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Iraqis launch Oil-For-Food lawsuit in US court
Breaking Legal News |
2006/12/23 15:48
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Several Iraqi citizens sued a leading European bank and Australia's wheat exporting agency in New York federal court Friday for corporate misconduct facilitating the corruption of the Iraq Oil-for-Food program which bilked Iraqis out of humanitarian aid while simultaneously enriching the Saddam Hussein regime. French bank BNP Paribas and the Australian Wheat Board (AWB) face a claim for $200 million in damages brought by seven Iraqis seeking class-action status for Iraqi residents of Irbil, Dokuk and Sulaimaniyah who were allegedly deprived of humanitarian aid by the Oil-for-Food kickbacks. The plaintiffs are suing under RICO, the Foreign Corrupt Practices Act and the International Emergency Economic Powers Act. Just last month the Australian government determined that AWB worked directly with Hussein's government to orchestrate the kickbacks that netted the company over an estimated $220 million and recommended charges against the company]. Iraq no longer permits AWB wheat imports. BNP Paribas is believed to have made nearly $1.5 billion in kickbacks. |
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New Jersey civil unions bill signed into law
Breaking Legal News |
2006/12/22 11:02
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New Jersey Governor Jon Corzine signed into law Thursday legislation providing legal recognition to same-sex civil unions. The New Jersey Legislature passed the civil unions bill last week in response to an October New Jersey Supreme Court ruling that same-sex couples must be given equal rights. The court said the state legislature must decide within 180 days whether the state would recognize same-sex marriage or another form of civil partnership. The civil unions law will take effect February 19. AP has more. Currently, Massachusetts is the only US state to allow full same-sex marriage, which was legalized when the Supreme Judicial Court of Massachusetts ruled in 2003 that a ban on such marriages was unconstitutional. |
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FCC indecency standards to be challenged in court
Breaking Legal News |
2006/12/21 09:14
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Judges on a US Court of Appeals for the Second Circuit panel questioned how the Federal Communications Commission enforces indecency standards during oral arguments Wednesday in a challenge brought by the Fox television network. The FCC ruled that Fox violated indecency standards when two unscripted expletives were aired during the 2002 and 2003 Billboard Music Awards. The FCC did not impose a fine for the violations because they predated a change in FCC precedent allowing the agency to levy fines for isolated incidents. Fox appealed the FCC ruling, arguing that the FCC standards are arbitrary. The federal appeals court questioned why certain words are considered indecent in the context of an awards show but wouldn't be indecent in other contexts, such as a news program. The FCC lawyer told the court that context plays a role in determining indecency and noted that if the offensive language was used in the news context, it would not likely be used to "pander, titillate, or for shock value."
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Michigan affirmative action ban delayed by Judge
Breaking Legal News |
2006/12/21 08:57
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US District Judge David Lawson of the Eastern District of Michigan has ruled that the University of Michigan, Michigan State University and Wayne State University can delay until July 1, 2007 implementing Proposal 2, an amendment to the Michigan Constitution banning affirmative action in public employment, public education and state contracting. Lawson's ruling, which came in a lawsuit filed just days after the amendment's passage, gives the universities time to complete the 2006-2007 admissions cycle under current procedures. Michigan voters approved the constitutional amendment Nov. 7, and it was expected to take effect later this week. The Center for Individual Rights immediately criticized the ruling, and filed a motion seeking an emergency hearing to intervene in the lawsuit so the group can challenge Tuesday's ruling. AP has more. In addition, a coalition of civil rights groups, including the American Civil Liberties Union and the Detroit Branch of the NAACP filed a lawsuit in federal court Tuesday challenging the constitutionality of Proposal 2 based on the US Supreme Court's 2003 ruling that the federal constitution permits the University of Michigan to consider race as a factor in the admissions process. The Supreme Court upheld the University law school admissions policy, while rejecting the more rigid undergraduate admissions system as discriminatory.
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North Korean Nuclear Talks Resume
Breaking Legal News |
2006/12/21 08:36
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Pyongyang is still insisting that Washington lift financial measures against North Korean interests before Pyongyang will move ahead on the issue of dismantling its nuclear weapons program. U.S. Treasury official Daniel Glaser, who met with North Korean financial officials on the sidelines of the nuclear talks earlier this week, says those talks were "businesslike and useful." But Glaser says further talks are needed before there can be any agreement between the two sides. "We hope to get to do that. We've discussed the possibility of meeting next month, perhaps in New York," he said. The dispute revolves around a bank in Macau, Banco Delta Asia, which Washington says helped North Korea with counterfeiting and money-laundering activities. U.S. restrictions on the bank have resulted in a North Korean account there with $24 million being frozen. Thursday, amid cautious expressions of optimism, it was announced that the nuclear talks among North and South Korea, the U.S., China, Japan and Russia would be extended by a day until Friday. |
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Nasa & Google to Bring Exploration to Earth
Breaking Legal News |
2006/12/20 09:52
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MOFFETT FIELD, Calif. - NASA Ames Research Center and Google have signed a Space Act Agreement that formally establishes a relationship to work together on a variety of challenging technical problems ranging from large-scale data management and massively distributed computing, to human-computer interfaces.
As the first in a series of joint collaborations, Google and Ames will focus on making the most useful of NASA's information available on the Internet. Real-time weather visualization and forecasting, high-resolution 3-D maps of the moon and Mars, real-time tracking of the International Space Station and the space shuttle will be explored in the future.
"This agreement between NASA and Google will soon allow every American to experience a virtual flight over the surface of the moon or through the canyons of Mars," said NASA Administrator Michael Griffin at Headquarters in Washington. "This innovative combination of information technology and space science will make NASA's space exploration work accessible to everyone," added Griffin.
"Partnering with NASA made perfect sense for Google, as it has a wealth of technical expertise and data that will be of great use to Google as we look to tackle many computing issues on behalf of our users," said Eric Schmidt, chief executive officer of Google. "We're pleased to move forward to collaborate on a variety of technical challenges through the signing of the Space Act Agreement."
Recently, teams from NASA and Google met to discuss the many challenging computer science problems facing both organizations and possible joint collaborations that could help address them.
NASA and Google intend to collaborate in a variety of areas, including incorporating agency data sets in Google Earth, focusing on user studies and cognitive modeling for human computer interaction, and science data search utilizing a variety of Google features and products.
"Our collaboration with Google will demonstrate that the private and public sectors can accomplish great things together," said S. Pete Worden, Ames center director. "I want NASA Ames to establish partnerships with the private sector that will encourage innovation, while advancing the Vision for Space Exploration and commercial interests," Worden added.
"NASA has collected and processed more information about our planet and universe than any other entity in the history of humanity," said Chris C. Kemp, director of strategic business development at Ames. "Even though this information was collected for the benefit of everyone, and much is in the public domain, the vast majority of this information is scattered and difficult for non-experts to access and to understand.
"We've worked hard over the past year to implement an agreement that enables NASA and Google to work closely together on a wide range of innovative collaborations," said Kemp. "We are bringing together some of the best research scientists and engineers to form teams to make more of NASA's vast information accessible."
NASA and Google also are finalizing details for additional collaborations that include joint research, products, facilities, education and missions.
Google's innovative search technologies connect millions of people around the world with information every day. Google is headquartered close to Ames in Silicon Valley with offices through the Americas, Europe and Asia. |
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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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