Appeals court moves BP forward in settlement dispute

Court News 2013/10/04 13:25   Bookmark and Share
The April 2010 blowout of BP's Macondo well off the Louisiana coast triggered an explosion that killed 11 workers on the Deepwater Horizon drilling rig and led to millions of gallons of oil spilling into the Gulf. Shortly after the disaster, BP agreed to create a $20 billion compensation fund that was administered at first by the Gulf Coast Claims Facility, led by attorney Kenneth Feinberg.

BP argued that Barbier and court-appointed claims administrator Patrick Juneau misinterpreted terms of the settlement. Plaintiffs' lawyers countered that BP undervalued the settlement and underestimated how many claimants would qualify for payments.

In the panel's majority opinion, Judge Edith Brown Clement said BP has consistently argued that the settlement's complex formula for compensating businesses was intended to cover "real economic losses, not artificial losses that appear only from the timing of cash flows."

"The interests of individuals who may be reaping windfall recoveries because of an inappropriate interpretation of the Settlement Agreement and those who could never have recovered in individual suits for failure to show causation are not outweighed by the potential loss to a company and its public shareholders of hundreds of millions of dollars of unrecoverable awards," Clement wrote.

Judge Leslie Southwick wrote a concurring opinion. Judge James Dennis wrote a partial dissent, largely disagreeing with the other two.

"Because BP has not satisfied its heavy burden of showing that a change in circumstances or law warranted the modifications it sought, the district court correctly affirmed the Administrator's decision rejecting BP's argument and actions to modify the agreement," Dennis wrote.
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Federal court reverses man's murder conviction

Politics 2013/09/30 14:29   Bookmark and Share
A federal court has reversed a Southern California man's conviction in the bludgeoning death of his wife.

The Orange County Register reports that a three-judge panel for the 9th U.S. Circuit Court of Appeals ruled this week that 75-year-old Marvin Vernis Smith didn't receive a fair trial.

A jury found Smith guilty of murdering his wife 66-year-old Minnie Smith in 2007. She was found dead in their Cypress home, bludgeoned to death in the head and face with a metal fireplace log roller on Dec. 15, 2005.

The court ruled that a jury instruction violated Smith's right to receive proper notice of charges against him and prepare a defense.

The district attorney's office will request that the state attorney general ask the U.S. Supreme Court to review the decision.

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The Law Offices of Craig Hubble - Carson Employment Law

Lawyer Blog Post 2013/09/25 11:31   Bookmark and Share
Carson Employment litigation attorney can assist you in determining the best solution in order for clients to seek recovery in the most efficient and effective manner.

Employment litigation can come in various forms, including claims for wrongful termination, retaliation, harassment, discrimination, wage and hour violations, late payment of wages, misclassification of employees as exempt from overtime pay or as independent contractors, and failure to make reasonable accommodations.

If you are located in the Los Angeles area, we work all throughout Southern California and can help if you or a loved one has been terminated wrongfully, then we can help you handle these matters to determine your rights and to get the necessary remedies as a solution.

The Law Offices of Craig Hubble can guide you, depending upon your situation.  If you or a loved one feel that you may have an employment-related claim, contact us today for a free consultation as to your rights and potential remedies.  Because these matters are handled on a contingency basis, there is no fee unless and until you are compensated.
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Appeals court panel considers TABOR challenge

Court News 2013/09/25 11:31   Bookmark and Share
Colorado is asking the federal courts to stay out of a dispute about whether its strict tax and spending limits has robbed the state of a republican form of government.

In arguments Monday, state Solicitor General Daniel Domenico told a three-judge panel of the 10th U.S. Circuit Court of Appeals that lawmakers still have the ability to ask voters to approve a tax increase if they think one is needed under the Taxpayer's Bill of Rights.

"Just because it's a little bit harder doesn't make it unrepublican," he said of the referendum needed to raise taxes under TABOR.

Domenico said that if lawmakers tried and failed to win a tax increase, they might have a case. But he also argued that courts haven't gotten involved in enforcing the provision in the U.S. Constitution guaranteeing a republic — or representative democracy — to the states, leaving that to Congress instead.

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Hermosa Beach Wrongful Termination Attorney

Law Firm News/California 2013/09/23 11:15   Bookmark and Share
Law Offices of Craig Hubble, based in Hermosa Beach, is a wrongful termination attorney. Although most California employees can be fired at the discretion of their employer, any termination that may have been done based on discrimination, retaliation, fraud or violation of a signed or implied contract is illegal.  When an employee is fired on the basis of his/her age, gender, race, religion or disability, for refusing to submit to sexual advances, or in retaliation for reporting misconduct or refusing to commit an illegal act, he/she may pursue legal action against their employer for wrongful termination.

However, wrongful termination lawyer Craig Hubble can assist you in getting the results you need and want. With extensive years of experience in the field and depending on your situation, you may be able to pursue a lawsuit and seek damages for lost wages, benefits, emotional distress, attorney’s fees, punitive damages and more so that you have a peace of mind,.

We are here to help. If you or a loved one feel that your employment has been wrongfully terminated, don't hesitate to contact us today for a free consultation as to your rights and potential remedies. These matters are handled on a contingency basis, so there is no fee unless and until you are compensated.
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Lawyer: Performer Harris to deny UK sex charges

Lawyer Blog Post 2013/09/23 11:15   Bookmark and Share
Veteran entertainer Rolf Harris intends to plead not guilty to indecent assault and child pornography charges, his lawyer told a London court hearing Monday.

The 83-year-old performer faces nine counts of indecent assault on victims aged 14 and 15 and four counts of making indecent images of children. The alleged incidents stretch back to the 1980s.

Harris, who was accompanied by his wife Alwen, spoke only to confirm his name, address and date of birth during the brief pre-trial hearing at Westminster Magistrates' Court.

Defense lawyer Sonia Woodley said Harris would deny the charges when asked to enter a formal plea at a later hearing.

Australia-born Harris has been a British broadcasting stalwart for decades. He has had musical hits with "Tie Me Kangaroo Down, Sport" - which he once performed with The Beatles - and "Two Little Boys."

He also has hosted television shows and painted an official portrait of Queen Elizabeth II.
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