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Justices unlikely to have last word on health care
Areas of Focus |
2011/11/15 16:55
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President Barack Obama's historic health care overhaul divided the nation from the day he signed it into law, and that seems unlikely to change no matter how the Supreme Court rules on its constitutionality.
Some legal disputes, like the 2008 presidential election, the court can settle. Others rage on, such as abortion. It may take another decade to find the balance between private and public responsibility for health care in America, a nation disdainful of big government yet historically unable to guarantee affordable basic coverage to its citizens.
"Either way it rules, the Supreme Court decision will not end the debate on health care," said former Senate Majority Leader Tom Daschle, an influential Democratic adviser. "It is, and will largely remain, a debate on the role of government."
The Supreme Court's announcement on Monday that it will take up the constitutional challenge to what Republicans deride as "Obamacare," sets the stage for a decision next summer in the heat of the presidential election campaign. |
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Company pleads guilty to dumping wastewater in Harvey Canal
Headline Legal News |
2011/11/14 19:13
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A Louisiana company has pleaded guilty to a charge it illegally discharged more than 1 million gallons of oily wastewater into the Harvey Canal.
Oakmont Environmental Inc. of Harvey faces a $500,000 fine following its guilty plea Wednesday to violating the Clean Water Act.
Clifton Carr, a 62-year-old Amite resident who was the operator of the company's waste treatment facility, also pleaded guilty Wednesday to a related charge.
Federal prosecutors say Oakmont had a permit to discharge wastewater into a Jefferson Parish sewerage treatment plant after it had been pretreated.
But the company allegedly discharged the wastewater directly into the canal without separating the oil from the water.
Prosecutors said 1.2 million gallons of oily wastewater was discharged into the canal between September 2007 and March 2008. |
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Russia court rejects $16 billion claim against BP
Legal Topics |
2011/11/14 19:13
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A Russian court on Friday rejected a $16 billion claim against BP PLC filed by an obscure minority shareholder in BP's Russian venture, TNK-BP.
The court victory may have softened the blow that BP sustained when Rosneft dropped it as a partner in developing Russia's untapped Arctic oil and gas riches. The multibillion dollar deal broke down after TNK-BP's Russian billionaire shareholders blocked it, claiming that BP should be pursuing it through TNK-BP.
The Arbitration Court in the Tyumen region in Siberia on Friday dismissed two motions filed by a group of minority shareholders led by Andrei Prokhorov, who owns 0.0000106 percent in TNK-BP. The lawsuits are a $13 billion claim against BP and a $2.8 billion suit against two BP-nominated directors on TNK-BP's board.
Prokhorov and other shareholders claimed that BP and its representatives damaged TNK-BP's interests by failing to include the Russian venture in the Arctic deal with Rosneft.
BP's Russian partners in TNK-BP have denied any connection to the minority shareholder's suit. The claim was the reason why Russian police raided BP's office in August, which happened just days after Rosneft teamed up with ExxonMobil to develop the Arctic. |
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Norway killer claims mantle of resistance leader
Areas of Focus |
2011/11/14 09:12
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The anti-Muslim extremist who confessed to a bombing and shooting massacre that killed 77 people in Norway tried to declare himself a resistance leader Monday at his first public court hearing but was quickly cut off by the judge.
Anders Behring Breivik was escorted by guards into an Oslo court room packed with dozens of reporters and spectators, including survivors of his rampage at a youth camp near the capital who were seeing him in person for the first time since the July 22 attack.
"I am a military commander in the Norwegian resistance movement," Breivik said before the judge interrupted him and told him to stick to the issue at hand — his further detention.
The court extended his custody 12 more weeks until Feb. 6, but decided to gradually lift the restrictions on his media access, visitors and mail. Breivik is being held pending his trial on terror charges.
If found guilty, he could be sentenced to 21 years in prison. An alternative custody arrangement — if he is still considered a danger to the public — could keep him behind bars indefinitely.
At the end of Monday's hearing, the 32-year-old Norwegian asked Judge Torkjel Nesheim if he could address survivors and victims' relatives but was turned down. |
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Govt asks justices to stay out of immigration case
Legal Topics |
2011/11/11 17:36
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The Justice Department on Thursday urged the Supreme Court to stay out of a lawsuit involving Arizona's immigration law, saying lower courts properly blocked tough provisions targeting illegal immigrants.
The state law is a challenge to federal policy and is designed to establish Arizona's own immigration policy, the department's solicitor general said in a filing with the justices. Arizona says the law is an effort to cooperate with the federal government.
One provision requires that police, while enforcing other laws, question a person's immigration status if officers suspect they are in the country illegally. In April, a three-judge panel of the 9th Circuit U.S. Court of Appeals in San Francisco upheld a federal judge's ruling halting enforcement of that and other key provisions in the Arizona law.
Arizona Gov. Jan Brewer is seeking to overturn the judge's decision and wants Supreme Court review of the case, arguing that the issues are of compelling, nationwide importance. |
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Court likely to overturn Calif. law on livestock
Areas of Focus |
2011/11/10 17:39
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The Supreme Court seemed ready Wednesday to block a California law that would require euthanizing downed livestock at federally inspected slaughterhouses to keep the meat out of the nation's food system.
The court heard an appeal from the National Meat Association, which wants a 2009 state law blocked from going into effect. California barred the purchase, sale and butchering of animals that can't walk and required slaughterhouses under the threat of fines and jail time to immediately kill nonambulatory animals.
But justices said that encroached on federal laws that don't require immediate euthanizing.
"The federal law does not require me immediately to go over and euthanize the cow. Your law does require me to go over and immediately euthanize the cow. And therefore, your law seems an additional requirement in respect to the operations of a federally inspected meatpacking facility," Justice Stephen Breyer told a California lawyer. |
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Pomerantz Law Firm Has Filed a Class Action
Areas of Focus |
2011/11/10 17:39
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Pomerantz Haudek Grossman & Gross LLP has filed a class action lawsuit against Diamond Foods, Inc. and certain of its officers. The class action (CV 11 5399 RS) filed in the United States District Court, Northern District of California, is on behalf of all persons or entities who purchased or otherwise acquired the securities of Diamond during the period from December 9, 2010 through and including November 4, 2011 (the "Class Period"), seeking to pursue remedies under the Securities Exchange Act of 1934 (the "Exchange Act"). This class action is brought under Sections 10(b) and 20(a) of the Exchange Act, 15 U.S.C. Sections 78j(b) and 78t(a); and SEC Rule 10b-5 promulgated thereunder by the SEC, 17 C.F.R. Section 240.10b-5.
If you are a shareholder who purchased DMND securities during the Class Period, you have until January 6, 2012 to ask the Court to appoint you as lead plaintiff for the class. A copy of the complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Rachelle R. Boyle at rrboyle@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, x350. Those who inquire by e-mail are encouraged to include their mailing address and telephone number.
The Complaint alleges that, throughout the Class Period, Defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants failed to disclose that: (1) the Company overstated its earnings by improperly accounting for certain crop payments to walnut growers; (2) the Company's acquisition of Pringles snack business would be delayed; (3) that the Company lacked adequate internal and financial controls; and (4) that, as a result of the foregoing, the Company's financial results were materially false and misleading at all relevant times.
The Pomerantz Firm, with offices in New York, Chicago and Washington, D.C., is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. Today, more than 70 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. See www.pomerantzlaw.com. |
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