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Court: EPA can stop some power plant modifications
Legal Topics |
2013/04/01 06:01
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A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution.
The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul. DTE said the project was only routine maintenance.
U.S. District Judge Bernard Friedman threw out the suit, saying EPA went to court too soon.
But the Sixth U.S. Circuit Court of Appeals overturned his decision Thursday. In a 2-1 ruling, the court says the law doesn't block EPA from challenging suspected violations of its regulations until long after power plants are modified. |
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SC court nixes James Brown estate settlement
Legal Topics |
2013/03/01 07:47
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The South Carolina Supreme Court on Wednesday overturned a settlement divvying up the multi-million dollar estate of James Brown, saying a former attorney general didn't follow the late soul singer's wishes in putting together the deal.
Attorney General Henry McMaster brokered a settlement in 2009 that split Brown's estate, giving nearly half to a charitable trust, a quarter to his widow Tomi Rae Hynie and leaving the rest to be split among his adult children.
But the justices ruled the deal ignored Brown's wishes for most of his money to go to charity. The court ruled the Godfather of Soul was of sound mind when he made his will before dying of heart failure on Christmas Day 2006 at age 73.
The court sent the estate back to a lower court to be reconsidered.
The justices did agree with the lower court's decision to remove Brown's original trustees. Members of Brown's family said they wanted them gone because the trustees mismanaged the estate until it was almost broke. |
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Djokovic back on his favorite court in Australia
Legal Topics |
2013/01/17 06:31
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Same Grand Slam, same court, same result. Only the year was different for Novak Djokovic — and the amount of time he needed on the bright blue hard surface at Rod Laver Arena.
The Australian Open defending champion took his first step toward winning his third consecutive title at Melbourne Park — and fourth overall — with a 6-2, 6-4, 7-5 win over Paul-Henri Mathieu of France on Monday.
The match lasted 1 hour, 42 minutes, more than four hours faster than when the Serbian star was last on center court, his victory in last year's final over Rafael Nadal in a 5-hour, 53-minute marathon.
The win ran Djokovic's winning streak at Melbourne to 15 matches and his overall win-loss record to 33-5. It's no wonder Djokovic calls the Australian Open, site of his first of five Grand Slams in 2008, his favorite major. |
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The Rosen Law Firm Announces Securities Class Action
Legal Topics |
2012/10/13 16:45
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The Rosen Law Firm, P.A. today announced that a class action lawsuit has been filed on behalf of all persons or entities who purchased OCZ (OCZ) common stock or call options, or sold OCZ put options, between July 10, 2012 and October 10, 2012, inclusive (the "Class Period").
To join the OCZ class action, visit the firm's website at http://rosenlegal.com, or call Phillip Kim, Esq., toll-free, at 866-767-3653; you may also email pkim@rosenlegal.com for information on the class action.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY CHOOSE TO DO NOTHING AT THIS POINT AND REMAIN AN ABSENT CLASS MEMBER.
The Complaint asserts violations of the federal securities laws against OCZ and certain if its officers and directors for issuing misleading financial information. Namely, the lawsuit asserts that OCZ: (a) was providing extraordinary customer incentives in excess of what was normal and customary in the past; and (b) improperly accounting for customer incentive programs. As a result, OCZ's financial results were misstated during the Class Period and the OCZ lacked adequate internal controls. The Complaint alleges that when this adverse information entered the market investors lost nearly half the value of their investment.
If you wish to serve as lead plaintiff, you must move the Court no later than December 10, 2012. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. of The Rosen Law Firm, toll-free, at 866-767-3653, or via e-mail at pkim@rosenlegal.com.
www.rosenlegal.com. |
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Appeals court removes key civil service protection
Legal Topics |
2012/08/24 21:54
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A federal appeals court ruling that has taken key civil service protection away from government employees involved in national security work will have far-reaching implications, advocates for federal workers say.
Tom Devine, legal director of the Government Accountability Project, a whistle-blower advocacy group, said Tuesday that the appeals court has given agencies "a blank check to cancel all government accountability in civil service law."
In a 2-1 decision Friday involving two Defense Department employees, the U.S. Court of Appeals for the Federal Circuit said the Merit Systems Protection Board is prohibited from reviewing dismissals and demotions of government employees who hold "noncritical sensitive" positions, regardless of whether those jobs require access to classified information.
The dissenting judge in the case said the decision "effectively nullifies" the 1978 civil service law. Advocates for federal workers point out that federal employees in "noncritical sensitive" jobs work at many federal agencies, making the impact of the ruling government-wide. |
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Use new drug sentencing law in crack cases
Legal Topics |
2012/06/21 19:17
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The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.
Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.
Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented. |
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UK top court rejects Assange bid to reopen case
Legal Topics |
2012/06/14 17:27
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Britain's Supreme Court rejected WikiLeaks chief Julian Assange's bid to reopen his extradition case on Thursday, meaning the controversial anti-secrecy campaigner could be sent to Sweden by the end of the month.
Assange is wanted for questioning in Sweden after two women accused him of sexual misconduct during a visit to the country in mid-2010. The women's lawyer, Claes Borgstrom, told The Associated Press the ruling Thursday was "an obvious and expected decision that has been delayed for too long."
In a brief, five-point judgment, the court rejected arguments that Assange's legal team hadn't been given the chance to properly cross-examine the evidence that justices relied on to deny the Australian's appeal against extradition.
The development effectively exhausts Assange's legal options in Britain, where he has been fighting the extradition demand since late 2010. Assange could still apply to the European Court of Human Rights in Strasbourg, but legal experts say the 40-year-old stands little chance there. |
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