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Landowners to court: Exxon Mobil pipeline breaches contract
Legal Marketing |
2016/10/18 20:16
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Attorneys for landowners along a crude oil pipeline that ruptured in Arkansas in 2013 say Exxon Mobil Pipeline Co. breached its contract because the pipeline interferes with their ability to enjoy their property.
Attorneys for the landowners and Exxon Mobil appeared Wednesday before judges from the 8th U.S. Circuit Court of Appeals in Minnesota.
The landowners asked the appeals court to reinstate their case, which was dismissed last year, and have it re-certified as a class-action suit. Attorney Phillip Duncan says it's an issue of honoring easements.
Exxon Mobil attorney Gary Marts said the case was properly dismissed. He says landowners are essentially trying to regulate pipeline safety through a lawsuit - but that's the job of a federal agency.
The Pegasus Pipeline runs through Arkansas, Missouri, Illinois and Texas.
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As time runs out, dozens of judge nominees waiting on Senate
Legal Marketing |
2016/10/18 20:16
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Federal judges in New Jersey have struggled with a workload approaching 700 cases each, nearly double what's manageable, because of judicial vacancies. In Texas, close to a dozen district judgeships remain open, more than in any other state.
Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. The vacancy on the Supreme Court attracted the most attention as Republicans refused to even hold confirmation hearings for Merrick Garland, insisting that the choice to fill the vacancy created by the death of Justice Antonin Scalia in February rests with the next president.
But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse. Obama has nominated replacements for more than half of those spots, including 44 nominees for the district court and seven for the appeals court. Yet the Senate has confirmed only nine district and appeals court judges this year — and only four since Scalia died. |
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Israel's Supreme Court rejects former PM Olmert's appeal
Legal Marketing |
2016/10/01 12:17
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Israel's imprisoned former Prime Minister Ehud Olmert faces an additional eight months behind bars after the country's Supreme Court rejected an appeal.
Olmert is already serving a 19-month sentence after being convicted of bribery and obstructing justice. The court this week unanimously rejected the appeal of a separate set of charges that included accepting cash-stuffed envelopes from a U.S. businessman.
He began his sentence in February. Olmert was a longtime fixture in Israel's hawkish right wing when he began taking a dramatically more conciliatory line toward the Palestinians as deputy prime minister a decade ago.
He played a leading role in Israel's withdrawal from the Gaza Strip in 2005. He became prime minister in January 2006 after then-Prime Minister Ariel Sharon suffered a debilitating stroke.
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Turkish court issues arrest warrant for Muslim cleric
Legal Marketing |
2016/08/09 10:29
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A court in Turkey issued a formal warrant Thursday for the arrest of U.S.-based Muslim cleric Fethullah Gulen, who the government accuses of being behind the failed July 15 coup that left more than 270 people dead.
The state-run Anadolu news agency said an Istanbul-based court issued the warrant for "ordering the July 15 coup attempt."
The government says Gulen, a former ally of President Recep Tayyip Erdogan who lives in self-imposed exile in Pennsylvania, masterminded the failed coup attempt by renegade officers in Turkey's military and wants him extradited to Turkey. Gulen has denied involvement or prior knowledge of the coup attempt.
Ankara has not yet made a formal extradition request, but the arrest warrant could be the prelude. Washington has asked for evidence of the cleric's involvement, and has said the extradition process must be allowed to take its course.
Anadolu said the court issued the warrant over a number of accusations, including an "attempt to eliminate the government of the Turkish Republic or to prevent it from carrying out its duties."
More specifically, Anadolu said the court based the arrest warrant on accusations the coup plotters tried to assassinate Erdogan, kidnapped Chief of Staff Gen. Hulusi Akar and other military officers, bombed parliament and killed police and civilians who resisted.
"It has been understood without a doubt that the attempted coup was an activity of the terror organization and that it was carried out with the orders of its founder, suspect Fethullah Gulen," Anadolu quoted from the court decision.
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Appeals court rules Mississippi can resume Google inquiry
Legal Marketing |
2016/04/13 01:15
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Mississippi's attorney general can resume an investigation into whether Google facilitates illegal behavior, an appeals court ruled.
The 5th U.S. Circuit Court of Appeals on Friday overturned a district judge who had sided with Google. U.S. District Judge Henry T. Wingate ruled last year that the unit of Alphabet Inc. didn't have to answer a subpoena by Mississippi Attorney General Jim Hood.
Hood began complaining in 2012 that Google wasn't doing enough to prevent people from breaking the law. In October 2014, he sent a 79-page subpoena demanding Google produce information about a wide range of subjects, including whether Google helps criminals by allowing its search engine to lead to pirated music, having its autocomplete function suggest illegal activities and sharing YouTube ad revenue with the makers of videos promoting illegal drug sales. Instead of complying, Google sued.
The appeals court also dissolved the lower judge's injunction that had barred Hood from bringing any civil or criminal lawsuits against the Mountain View, California-based company, saying that a mere subpoena wasn't enough to rule that Hood was acting in bad faith.
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