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US judge denies bid to block NV mustang roundups
Headline Legal News |
2012/01/27 17:07
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A federal judge in Nevada who handed horse protection advocates a rare victory last fall has rejected their latest request to block government roundups of free-roaming mustangs in the West, saying they'll have to go to Congress if they think the animals are being treated inhumanely and need more protection.
U.S. District Judge Howard McKibben granted a temporary restraining order on Aug. 30 that cut short by a day a roundup near the Nevada-Utah line after he determined a helicopter flew too close to a horse in violation of the law.
But he said during a hearing in Reno Thursday that he was denying a new injunction request from the Texas-based Free Wild Horse Federation partly because the Bureau of Land Management has made some positive changes since then. He also said he can't issue injunctions based on speculation about future abuses.
"This court is really not in a position to be the overseer of the BLM," McKibben said. "This court is not going to police all gathers in the U.S. or even all gathers in the district of northern Nevada."
"This Court is not Congress, not an administrative agency. We are not the first branch of government. We are not the second branch. We're here to consider grievances," he said.
His ruling was a disappointment to horse protection advocates who were buoyed by his court order last fall when he took the BLM to task for its actions at the Triple B complex roundup near the Nevada-Utah line northwest of Ely, Nev. |
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NY court: Judge can't block $18B Ecuador judgment
Headline Legal News |
2012/01/26 20:39
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A judge overstepped his authority when he tried to ban enforcement around the world of an $18 billion judgment against Chevron Inc. for environmental damage in Ecuador, a federal appeals court said Thursday as it explained why it lifted the ban last year.
The three-judge panel of the 2nd U.S. Circuit Court of Appeals said the judge has authority to block collection if Ecuadorean plaintiffs move against Chevron in New York, but law does not give him authority "to dictate to the entire world which judgments are entitled to respect and which countries' courts are to be treated as international pariahs."
The judgment came last February after nearly two decades of litigation that stemmed from the poisoning of land in the Ecuadorean rainforest while the oil company Texaco was operating an oil consortium from 1972 to 1990 in the Amazon. Texaco became a wholly owned subsidiary of Chevron in 2001.
Chevron obtained an order from U.S. District Judge Lewis A. Kaplan last March blocking Ecuadorean plaintiffs from trying to collect the $18 billion until he could stage a trial to determine if the judgment was obtained fairly. |
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US high court: warrant needed for GPS tracking
Headline Legal News |
2012/01/23 18:22
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The U.S. Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.
The ruling represents a serious complication for law enforcement nationwide, which increasingly relies on high tech surveillance of suspects, including the use of various types of satellite technology.
A GPS device installed by police on Washington nightclub owner Antoine Jones' Jeep helped them link him to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.
Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor the vehicle's movements, constitutes a search, meaning that a warrant is required. |
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Pacman Jones pleads guilty to disorderly conduct
Headline Legal News |
2012/01/18 18:05
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Cincinnati Bengals cornerback Adam "Pacman" Jones pleaded guilty Wednesday to a misdemeanor charge of disorderly conduct.
Jones entered the plea in Hamilton County Municipal Court just as his non-jury trial was scheduled to begin. A second misdemeanor charge of resisting arrest was dismissed in a plea agreement with prosecutors.
Judge Brad Greenberg ordered Jones to serve a year of probation, complete 50 hours of community service and pay a $250 fine plus court costs. Jones could have received a maximum jail sentence of 30 days.
Jones, 28, was accused in court documents of being disorderly, shouting profanities and trying to pull away as officers arrested him at a downtown bar in July.
At the time, Jones was on probation in Las Vegas in connection with a 2007 no contest plea to a strip club melee that left three people wounded. He was ordered in November to perform an additional 75 hours of community service for violating that probation with the Cincinnati arrest. |
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Court rejects appeals in student speech cases
Headline Legal News |
2012/01/17 20:10
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The U.S. Supreme Court has passed up a pair of cases for the online age — whether schools may censor students who are at home when they create online attacks against school officials and other students.
The justices on Tuesday rejected appeals from Pennsylvania and West Virginia involving questions about the limits on criticism from students and where the authority of school officials ends.
The high court decision left standing lower court rulings that two Pennsylvania students cannot be disciplined at school for parodies of their principals that they created on home computers and posted online.
In the West Virginia case, an appeals court upheld the suspension of a student who created a web page that suggested another student had a sexually transmitted disease, and invited classmates to comment.
Lawyers on both sides were disappointed the high court chose not to step into the fray over student speech posted online, as federal court judges have issued a broad range of opinions on the subject. |
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Del. court says ex-HP CEO can't keep letter secret
Headline Legal News |
2011/12/30 21:10
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Former Hewlett-Packard Co. CEO Mark Hurd will have to make public a letter detailing sexual-harassment allegations that led to his ouster.
The Delaware Supreme Court, the state's highest, ruled on Wednesday that Hurd's lawyers didn't show that disclosing the letter would invade California privacy rights. The ruling said information that is only "mildly embarrassing" is not protected from public disclosure. The letter, it added, does not contain trade secrets or non-public financial information that would qualify.
Although the letter goes into "embarrassing detail about Hurd's behavior, it does not describe any intimate conversation or conduct," the ruling said. Some sentences, concerning Hurd's family, were ordered redacted, but no one appealed that part of a lower court's decision, according to the ruling.
Celebrity attorney Gloria Allred sent the letter last year on behalf of Jodie Fisher, who was hired to help with HP networking events and later accused Hurd of sexual harassment. Although an investigation did not find any sexual harassment, it uncovered inaccurate expense reports that ultimately pressured Hurd to resign. Hurd now works as co-president at rival Oracle Corp. |
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Robbins Geller Rudman & Dowd LLP Files Class Action Suit
Headline Legal News |
2011/12/28 18:29
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Robbins Geller Rudman & Dowd LLP today announced that a class action has been commenced in the United States District Court for the Southern District of New York on behalf of purchasers of Veolia Environnement S.A. American Depositary Shares during the period between April 27, 2007 and August 4, 2011.
If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Samuel H. Rudman or David A. Rosenfeld of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/veolia/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.
The complaint charges Veolia and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Veolia operates utility and public transportation businesses. The Company supplies drinking water, provides waste management services, manages and maintains heating and air conditioning systems, and operates rail and road passenger transportation systems.
The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and prospects. Specifically, defendants misrepresented and/or failed to disclose the following adverse facts: (a) that Veolia was materially overstating its financial results by engaging in improper accounting practices; (b) that the Company lacked adequate internal controls and was therefore unable to ascertain its true financial condition; (c) that Veolia failed to timely record an impairment charge for its Transport business in Morocco, Environmental Services businesses in Egypt, Marine Services business in the United States, and for Southern Europe; (d) that the Company’s revenues were being hampered by the renewal of some of its major concession contracts; and (e) that, as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its prospects.
Robbins Geller, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations.
http://www.rgrdlaw.com |
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