Court orders Chevron to stop drilling for oil
Headline Legal News | 2012/08/04 19:00
A federal court has given Chevron Corp. and driller Transocean Ltd. 30 days to suspend all petroleum drilling and transportation operations in Brazil until the conclusion of investigations into two oil spills off the coast of Rio de Janeiro.

The court says in a statement posted Wednesday on its web site each company will be fined 500 million reals ($244 million) for each day they fail to comply with the suspension.

About 155, 000 gallons of oil crude began seeping from cracks in the ocean floor at the site of a Chevron appraisal well in November. Two weeks later, the National Petroleum Agency said the seepage was under control. But in March, oil again started leaking and Chevron voluntarily suspended production in the field.


Court sides with NJ judges in pension dispute
Headline Legal News | 2012/07/27 18:44
New Jersey's Supreme Court dealt a partial defeat to one of Gov. Chris Christie's signature legislative accomplishments Tuesday when it ruled that the state's judges don't have to contribute more to their pensions and health benefits. A leading state lawmaker immediately said the battle over the matter would continue.

The narrow 3-2 decision sided with a legal challenge filed last year by a state Superior Court judge in Hudson County who argued that the law imposing the pension and health care benefits changes violated a part of the state constitution that set judges' salaries and said they cannot be reduced.

The justices noted in their ruling that without a corresponding salary increase, the increased contributions would eventually cost judges at least $17,000 annually in take-home pay, amounting to a pay cut of more than 10 percent.

Christie, a Republican, had worked with the Democratic-controlled Legislature to pass the law last year. It affects hundreds of thousands of government workers around the state in addition to between 400 and 500 sitting judges and justices.


Tenn. court says convicted killer can keep money
Headline Legal News | 2012/07/18 23:26
A Tennessee appeals court has reluctantly ruled that a Johnson City man convicted of killing his wife in a bathtub for the insurance money can keep $200,000 in life insurance proceeds.

The Knoxville News Sentinel reported Wednesday that the Tennessee Court of Appeals agreed with a trial court's decision to let Dale Keith Larkin keep the life insurance proceeds he collected in a settlement with the daughter of his wife, Teresa Larkin, who was found dead in a bathtub in 2003.

"This court is not happy with the results of our decision," wrote Appellate Judge D. Michael Swiney in the opinion released last week.

Teresa Larkin's body was found by her then-11-year-old daughter, Tia Gentry, in the bathtub of the Johnson City home she shared with her stepfather, Dale Keith Larkin.

The Johnson City Police Department continued to work the case and in 2009 convinced prosecutors to have her body exhumed. A second autopsy revealed that she had suffered 21 separate injuries, including a broken sternum and bone breaks in her arms, before she was found drowned in the bathtub.

Charges were filed against Dale Larkin and in February 2011 he was convicted in her death. He is now serving a life sentence.

Gentry filed a lawsuit alleging her stepfather tricked her into a settlement in the life insurance case by claiming he was innocent in her mother's death. She also cited a Tennessee law, also known as the "slayer's statute," that bars people convicted of murder from inheriting property from the victim.


Texas Voter ID Law to be Tested in a Federal Court
Headline Legal News | 2012/07/09 22:35
The fate of Texas' controversial new voter ID law - which requires voters to show photo identification at the polls - is set to be decided this week in a federal court in Washington.

The state, which claims the law will prevent voter fraud, is seeking to persuade a three-judge panel to uphold the statute. The Justice Department and a slew of intervening groups say the law disproportionately affects minority voters, violating the federal Voting Rights Act. They want it thrown out.

The case will be a test of the Voting Rights Act, passed in 1965, which was designed to protect minorities' rights to vote.

The Justice Department set up this week's court fight when it blocked implementation of the law in March. Texas quickly filed a lawsuit in federal court, bringing the two sides back to Washington for the second time in months.

The two sides spent two weeks earlier this year arguing in front of a similar three-judge panel about Texas' redrawn congressional maps. As now, the Justice Department claimed Texas was violating the federal Voting Rights Act. No final decision has been made in that case, but a federal court has approved interim maps that have allowed Texas elections to go ahead.


Cal Supreme Court rules in child death case
Headline Legal News | 2012/07/06 22:47
Welfare officials can take children from parents who negligently cause the death of a son or daughter, such as failing to place them in a car seat, even if there was no criminal harm, the California Supreme Court ruled.

The court ruled Thursday that a "breach of ordinary care" with fatal results is enough reason for child welfare agencies to act because it poses an inherent concern for the safety of siblings, the Los Angeles Times reported.

"When a parent's or guardian's negligence has led to the tragedy of a child's death, the dependency court should have the power to intervene," Justice Marvin R. Baxter wrote for the court.

"It's a big case for us, and it is a big case for the child welfare community," said Assistant County Counsel James M. Owens, who represented the Los Angeles County Department of Children and Family Services.

The case involved the 2009 death of an 18-month-old girl in South Los Angeles. Her father was driving her to a hospital after she fell off a bed and hurt her arm, according to court documents.

The baby was sitting on her aunt's lap when another car ran a stop sign and hit their vehicle.


GlaxoSmithKline settles healthcare fraud case
Headline Legal News | 2012/07/02 18:02
GlaxoSmithKline Plc has agreed to plead guilty to misdemeanor criminal charges and pay $3 billion to settle what government officials said on Monday is the largest case of healthcare fraud in U.S. history.

The agreement, which still needs court approval, would resolve allegations that the British drugmaker broke U.S. laws in the marketing of several pharmaceuticals.

GSK targeted the antidepressant Paxil to patients under age 18 when it was approved for adults only, and it pushed the drug Wellbutrin for uses it was not approved for, including weight loss and treatment of sexual dysfunction, according to an investigation led by the U.S. Justice Department.

The company went to extreme lengths to promote the drugs, such as distributing a misleading medical journal article and providing doctors with meals and spa treatments that amounted to illegal kickbacks, prosecutors said.


High court ruling vindicates Obama on health care
Headline Legal News | 2012/06/28 16:03
Marking a pivotal point in the presidential campaign, the Supreme Court's decision to uphold President Barack Obama's sweeping federal health care law handed the Democratic incumbent crucial election-year vindication for his signature legislative accomplishment.

Republican rival Mitt Romney, an ardent opponent of the law, prepared to use the decision for his own political gain and planned to cast himself as the next best hope for the millions of Americans who favor the law's repeal.

The decision put an end to what had been one of the biggest unknowns in the presidential race. Four months from Election Day, both Obama and Romney will seek to use the high court ruling to bolster their vision for the country, as well as raise money for their campaigns.

The Romney campaign said it had collected more than $100,000 in online donations in the hour after the decision was announced.

Both men were expected to comment around midday Thursday from Washington. Romney was scheduled to speak first, followed by Obama.

The high court announced Thursday, in a 5-4 decision, that it was upholding the requirement at the heart of the health care law: that most individuals must buy health insurance or pay a penalty.


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