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Ecuador court upholds ruling against Chevron
Court Watch |
2012/01/03 09:06
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An appeals court in Ecuador upheld an $18 billion ruling against Chevron Corp. on Tuesday for oil pollution in the Amazon rain forest more than two decades ago.
The ruling confirmed a February judgment in the case. The Ecuadorean plaintiffs said in a statement that the decision is based on scientific evidence presented at trial proving that waste had poisoned the water supply.
The appellate court relied on a record that proved that Chevron has violated the rights of the communities where it operates, the plaintiffs said in the emailed statement.
The lawsuit deals with pollution of the rain forest by energy company Texaco, which Chevron bought in 2001.
Chevron denounced the appeals court's decision and said it will continue to seek recourse in other courts outside Ecuador.
Today's decision is another glaring example of the politicization and corruption of Ecuador's judiciary that has plagued this fraudulent case from the start, Chevron said in a statement.
The San Ramon, California-based company has previously alleged fraud in the lawsuit. The plaintiffs have also accused Chevron of defrauding the Ecuadorean court to hide the scale of the oil contamination. |
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Riders stuck on snow-trapped train sue NY agency
Court Watch |
2011/12/27 10:28
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Subway riders stuck all night in a train trapped by snow after a blizzard sued a transportation agency on Tuesday, saying officials told them it was simply an act of God.
In court papers describing last year's ordeal, they said they had no heat, food, water or bathroom facilities while the Metropolitan Transportation Authority kept promising help.
The city was all but paralyzed when the storm hit on Dec. 26, 2010, with 2 feet of snow piled around an A train on elevated tracks in Queens. Inside were about 500 passengers who spent eight hours there in freezing temperatures.
The conductor refused to allow passengers off the train, resulting in a deplorable imprisonment, said 22 of them named in the suit, which was filed in Queens state Supreme Court.
They are seeking unspecified damages from the New York City Transit Authority, part of the MTA, which runs the nation's largest mass transit system. The subway alone has a daily ridership of more than 5 million.
Manhattan attorney Aymen Aboushi said the stranded passengers decided to sue after a year of meetings with transit officials convinced them that suing was the only way to get the MTA to pay attention. He said he's handling the case pro bono in hopes of forcing changes in the emergency response system to avert a similar nightmare. |
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Supreme Court says Manchester property tax data private
Court Watch |
2011/12/24 16:10
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The Vermont Supreme Court says information used by towns to calculate adjustments to residents' property taxes should remain private.
In an entry order published Friday, the court reversed a Bennington County Superior Court ruling that said the town of Manchester should provide the tax information to someone who requested it.
The issue involves the amount Vermont property tax payers may have deducted from their bills based on their income, school property tax burden and if they to use a portion of their tax refund to reduce property taxes.
The state Department of Taxes calculates that amount and sends it to towns to reduce a property owner's taxes.
The Supreme Court says the law governing the deductions is covered by the state's privacy laws. Property tax bills are, however, public.
The court decision is posted on the town website, http://www.manchester-vt.gov/ |
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Mentally disabled detainees granted class status
Court Watch |
2011/12/21 10:36
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A federal judge has granted class-action status to a case brought on behalf of mentally disabled detainees who lack legal representation in immigration court.
The order issued under seal in November by U.S. District Court Judge Dolly Gee was made public Monday. The case involves detainees in California, Washington and Arizona who have been deemed mentally incompetent to represent themselves.
The American Civil Liberties Union and other immigrant advocates want the federal government to appoint lawyers to represent mentally disabled detainees. Advocates brought the case last year on behalf of two men who had been detained for years. Immigrants are not required to use attorneys in deportation proceedings and attorneys are not provided free-of-charge in immigration court. |
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NY top court allows private securities claims
Court Watch |
2011/12/20 10:19
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Enforcement by the state attorney general against securities fraud doesn't pre-empt private common-law claims of negligence against investment companies, New York's top court ruled Tuesday.
The Court of Appeals rejected J.P. Morgan Investment Management's argument that New York's Martin Act gives the attorney general exclusive authority over fraudulent securities and investment practices. The court said Assured Guaranty (UK) Ltd. can sue J.P. Morgan.
We agree with the attorney general that the purpose of the Martin Act is not impaired by private common-law actions that have a legal basis independent of the statute because proceedings by the attorney general and private action have the same goal — combating fraud and deception in securities transactions, Judge Victoria Graffeo wrote.
Assured claimed breach of fiduciary duty and gross negligence, alleging J.P. Morgan invested heavily in risky mortgage-backed securities while committing to a conservative investment policy for reinsurance company Orkney RE II PLC, whose obligations Assured guaranteed. After the market crashed, Assured had to cover Orkney losses.
Here, the plain text of the Martin Act, while granting the attorney general investigatory and enforcement powers and prescribing various penalties, does not expressly mention or otherwise contemplate the elimination of common-law claims, Graffeo wrote. The unanimous ruling upheld a midlevel court, which had reversed a judge. |
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High court halts new Texas electoral maps
Court Watch |
2011/12/12 10:37
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Texas' March primary will likely be delayed after the Supreme Court on Friday blocked the use of state legislative and congressional district maps that were drawn by federal judges.
The court issued a brief order late Friday that applies to electoral maps drawn by federal judges in San Antonio for the Texas Legislature and Congress that would have ensured minorities made up the majority in three additional Texas congressional districts. The justices said they will hear arguments on Jan. 9.
The judges issued the new maps for the 2012 election in Texas after a lawsuit was filed in San Antonio over redistricting maps drawn by the GOP-led Legislature. The maps were to remain in place until the lawsuit was resolved.
The Supreme Court's order brings to a halt filing for legislative and congressional primary elections that began Nov. 28. The primaries had been scheduled to take place in March, but the Supreme Court's decision means those elections almost certainly will be delayed, possibly until May. |
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