Montana court sends wind farm clash to California
Legal Topics | 2014/07/22 20:52
A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.

The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.

NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.

The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.

SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.

Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month.


German court: chronically ill could grow marijuana
Areas of Focus | 2014/07/22 20:52
Some Germans may soon be able to grow their own marijuana to relieve chronic pain after a ruling from a court in Cologne.

The Cologne administrative court ruled Tuesday in favor of three plaintiffs who had sued for the right to grow marijuana for therapeutic purposes, sending the cases back to the government agency responsible for approving medical marijuana products.

The court says the three demonstrated they could not combat their pain any other way and could not afford to purchase medical marijuana, which is permitted in Germany but not usually covered by the country's health insurance system.

The court also stipulated that allowing marijuana cultivation should depend upon a "thorough and individual" examination of each case, and rejected two other claims.


Apple wins EU court case on store design trademark
Legal Business | 2014/07/11 18:05
The European Union's highest court says Apple's characteristic retail store layout may be registered as a trademark.

The Court of Justice on Thursday overturned a decision by German patent authorities which last year rejected an application to grant copyright protection to Apple's store design — parallel lines of big tables with electronic gadgets spread out on them under a high ceiling.

The Luxembourg-based EU Court said a design pattern like Apple's "may constitute a trademark provided that it is capable of distinguishing the goods or services of one undertaking" from others.

The case will go back for a final decision to Germany's highest patent court which had sought the EU judges' advice.

Apple Inc. successfully registered its store layout as a trademark in the United States in 2010.


Drummond Firm - Las Vegas Accident & Injury Attorneys
Court Watch | 2014/07/11 18:03
A personal injury can impact the rest of your life. As an injury victim, you should meet with an attorney interested in protecting your rights before talking with an insurance company. Insurace companies have attorneys to protect them and you should have one too. When you hire the Drummond & Nelson Firm, you're hiring attorneys you can trust who will communicate with you, keep you updated on case status, and protect you. We have an extensive network of medical professionals ready to help if you require medical treatment or analysis.

When it comes to fees, we charge fair and reasonable fees. We will explain in detail how we are paid and how you will be paid before we take your case. We work on a contingecy fee basis on personal injury cases which means no up-front fees. We are paid out of the amount of your recovery.

We represent individuals in the following types of personal injury cases:

Automobile and car accidents
Truck accidents
Boating accidents
Motorcycle accidents
Pedestrian accidents
Train crashes
Railroad accidents
Aircraft accidents
Head injuries
Spinal cord injuries
Children's injuries
Bad faith insurance claims
Wrongfully denied insurance benefits
Injuries caused by drunk drivers
Construction accidents
Industrial accidents
Roadway defects
Workmen’s compensation claims
Slip and falls
Exposure to toxic or hazardous materials
Prescription drug related injuries
Injuries caused by defective products

If you're interested in speaking with an attorney who will protect you, contact the
Las Vegas Accident & Injury Attorneys at the Drummond & Nelson Firm today!


California high court tosses death penalty
Legal Topics | 2014/07/08 21:18
The California Supreme Court has tossed out the murder conviction and death penalty sentence of a Riverside County man because of juror misconduct.

The high court ruled Monday that Fred Lewis Weatherton didn't receive a fair trial in 2002 because one of the jurors decided and discussed the case before the start of deliberations. The court said Weatherton is entitled to a new trial.

Weatherton was convicted of shooting to death two neighbors during a 1998 robbery in Indio. A third neighbor who was seriously wounded identified Weatherton as the shooter. Investigators also matched footprints at the scene to shoes Weatherton was wearing when he was arrested shortly after the incident.

The Riverside County District Attorney's office said it hasn't decided how it will proceed.


MJM Law Office, P.C. - Eugene, Oregon DUII and Criminal Defense Services
Court Watch | 2014/07/08 21:15
Driving under the influence is not a good idea, but it's a common occurence in all states. Oregon residents should be warned that the state's drunk driving laws are among the most unforgiving in the country. If you've been charged with a DUI, you'll want to have an experienced DUI lawyer by your side to ensure you make the best possible decisions throughout your case. Detailed reviews and investigations by a criminal defense lawyer can either make or break your case. Why risk losing your license and driving privileges? Following a DUII arrest, you're placed at risk of losing your license through the court and through DMV. Don't delay in getting in touch with an experienced Eugene DUI attorney. At the MJM Law Office, P.C., we will give your case the attention and detail it deserves.

We work closely with clients to understand and resolve their issues. We will listen to your unique situation and explain the available options. MJM Law Office, P.C. was founded to provide clients with quality representation in DUII Cases. Mr. Mizjewski, founder of MHM Law Office, understands the difficult and complex process of working through the legal system. We will help you every step of the way. MJM Law Office focuses on serving clients in Lane County, Oregon and are very familiar with the individual judges, district attorneys, and court staff.

If you find yourself in need of a Eugene DUII Lawyer, look no further and contact us today!


US Supreme Court lets Equifax tax ruling stand
Headline Legal News | 2014/07/01 18:38
The U.S. Supreme Court said Monday that it won't hear an appeal from credit bureau Equifax Inc. involving what it considered an adverse tax ruling in Mississippi.

The appeal was a reaction to a 2013 Mississippi Supreme Court decision that Equifax had to prove that it didn't earn any taxable income in the state. The state Department of Revenue examined Equifax's income and allocated some to Mississippi, ruling it owed taxes and penalties.

The Mississippi court upheld the Revenue Department's calculation of the company's taxes based on revenue earned in Mississippi, thus increasing its tax liability from zero to over $700,000, according to court documents.

The Council on State Taxation, Georgia Chamber of Commerce and The Institute for Professionals had filed "friend of the court" briefs in the case.

Lawmakers responded during the 2014 session by passing a law to change how the state collects taxes.

A key part of the law could make it harder for the state to rule that multistate corporations are paying too little in taxes to Mississippi. It says the Department of Revenue would have to present clear and convincing proof before it could reallocate how a company splits its income among states, and only do so in "limited and unique, nonrecurring circumstances."

The Department of Revenue estimates all changes in the law, including a phase-in of lower interest rates for overdue taxes, will cost Mississippi $100 million a year.


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