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Mass. court OKs release of Bishop inquest report
Headline Legal News | 2011/12/13 10:29
The highest court in Massachusetts has sided with The Boston Globe in a battle to release a report and transcript of an inquest into the 1986 shooting death of the brother of an Alabama professor accused of killing three colleagues in a 2010 shooting rampage.

The Supreme Judicial Court ruled Tuesday that the inquest materials can be released, but said Amy Bishop, her family, prosecutors and others can still argue to show "good cause" why the materials should remain sealed.

After Bishop was charged in Alabama, a Massachusetts judge conducted an inquest into her brother's death. A grand jury later indicted Bishop for murder.

The high court outlined new rules for the release of inquest materials, saying they should become public after prosecutors decide whether to bring criminal charges.


Washington Mutual agrees to settlement
Headline Legal News | 2011/12/13 10:29
Bank holding company Washington Mutual Inc. has agreed to a settlement with some creditors involved in its Chapter 11 bankruptcy case and has filed a new reorganization plan.

Washington Mutual said in a statement late Monday that the settlement will allow it to distribute more than $7 billion to its creditors. The settlement must still be approved by the U.S. Bankruptcy Court for the District of Delaware.

"The comprehensive settlement announced today represents a fair and reasonable recovery for the thousands of equity holders of the company who have been following this case closely for three years," Michael Willingham, chairman of the committee of equity security holders appointed in the company's Chapter 11 proceedings.

Washington Mutual's bankruptcy case is three years old and its reorganization plans have twice been rejected by Bankruptcy Court Judge Mary Walrath. The company is hoping to exit bankruptcy protection by the end of February. It has a hearing scheduled for Jan. 11, 2012 in which the bankruptcy court will consider approval of the reorganization plan's disclosure statement. The company also plans to ask the bankruptcy court for a mid-February hearing to confirm its reorganization plan.


Thomas, Kagan asked to sit out health care case
Headline Legal News | 2011/11/29 09:13
Conservative interest groups and Republican lawmakers want Justice Elena Kagan off the health care case. Liberals and Democrats in Congress say it's Justice Clarence Thomas who should sit it out.

Neither justice is budging — the right decision, according to many ethicists and legal experts.

None of the parties in the case has asked the justices to excuse themselves. But underlying the calls on both sides is their belief that the conservative Thomas is a sure vote to strike down President Barack Obama's health care law and that the liberal Kagan is certain to uphold the main domestic achievement of the man who appointed her.

The stakes are high in the court's election-year review of a law aimed at extending coverage to more than 30 million people. Both sides have engaged in broad legal and political maneuvering for the most favorable conditions surrounding the court's consideration of the case.

Taking away just one vote potentially could tip the outcome on the nine-justice court.

Republican lawmakers recently have stepped up their effort against Kagan, complaining that the Justice Department has not fully revealed Kagan's involvement in planning the response to challenges to the law. Kagan was Obama's solicitor general, the administration's top Supreme Court lawyer, until he nominated her to the high court last year.


Court will decide question on crack sentencing
Headline Legal News | 2011/11/28 09:12
The Supreme Court will decide whether a law meant to reduce the disparity between crack and powder cocaine prison sentences can apply those who were convicted — but not sentenced — before its enactment.

The high court on Monday agreed to hear an appeal from Edward Dorsey and Corey Hill, who were both convicted of crack cocaine crimes.

However, the men were not sentenced until after The Fair Sentencing Act went into effect. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.

The two men argue that because their sentences came after the law's effective date, they should get its lesser prison time. The 7th U.S. Circuit Court of Appeals disagreed, and the high court will review that decision.


Company pleads guilty to dumping wastewater in Harvey Canal
Headline Legal News | 2011/11/14 01:11
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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