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Court throws out Chiquita terror payment claims
Headline Court News |
2014/07/28 13:14
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A divided federal appeals court on Thursday threw out claims potentially worth billions of dollars against produce giant Chiquita Brands International made by relatives of thousands of Colombians killed during years of bloody civil war.
A panel of the 11th U.S. Circuit Court of Appeals ruled 2-1 that federal courts have no jurisdiction over the Colombian claims. The lawsuits accused Chiquita of assisting in the killings by paying $1.7 million to a violent right-wing paramilitary group known as the AUC, the Spanish acronym for United Self-Defense Forces of Colombia.
Chiquita, based in Charlotte, North Carolina, formerly operated large banana plantations in Colombia through its Banadex subsidiary. Chiquita insists it was the victim of extortion and was forced to pay the AUC or face violence directed at its employees and assets in Colombia.
The majority cited a 2013 U.S. Supreme Court ruling known as Kiobel vs. Royal Dutch Petroleum that imposed limits on attempts by foreigners to use U.S. courts to seek damages against corporations for human rights abuses abroad. Chiquita had insisted that ruling meant the Colombians' lawsuit had to be tossed out.
"We are gratified that the U.S. Court of Appeals has now agreed with us and the claims have been dismissed," said Chiquita spokesman Ed Loyd in an email statement. "The decision reinforces what Chiquita has maintained from the beginning — that Chiquita is not responsible for the tragic violence that has plagued Colombia." |
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Court further limits reach of gas drilling law
Press Release |
2014/07/21 15:45
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A Pennsylvania court has further limited the reach of a major 2012 law that modernized drilling regulations, ruling Thursday that state public utility regulators cannot review how local zoning restrictions affect the natural gas industry.
The Commonwealth Court decision threw out the Public Utility Commission's newly authorized power to withhold drilling fee revenue from municipalities whose zoning it deems to illegally restrict drilling activity.
The decision is another blow to an effort by Gov. Tom Corbett and the Republican-controlled Legislature to respond to the drilling industry's complaints about municipal zoning. It follows a state Supreme Court ruling in December that said the law could not strip local zoning authority over drilling activity, such as the placement of rigs, pipelines, waste pits and compressor stations.
John M. Smith, a Pittsburgh-area lawyer who helped represent the seven municipalities that sued, said they were pleased that the court "once again protected the rights of local governments and Pennsylvania citizens."
The Commonwealth Court ruling rejected three other challenges in the lawsuit to elements of the sprawling law.
Those three victories led Corbett's office to say the opinion "speaks volumes to the constitutionality of state regulation of oil and gas activities." A spokesman would only say that the office is evaluating the impact of the ruling on the intended role of the utility commission. |
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Montana court sends wind farm clash to California
Court Watch News |
2014/07/21 15:44
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A dispute over a Montana wind farm's potential to harm nearby nesting eagles and other birds should be heard in California, the Montana Supreme Court said Friday, in an opinion that deals a legal setback to the project's developers.
The legal row over the Rim Rock wind farm near Cut Bank began last year, when San Diego Gas & Electric accused developer NaturEner of concealing the possibility that eagles and other birds could be harmed by the 126-turbine project.
NaturEner, whose parent company is based in Spain, filed a competing lawsuit in Montana. Its attorneys alleged SDG&E was trying to get out of an unfavorable contract and using the eagle issue as an excuse.
The Rim Rock wind farm is near an area with seven golden eagle nests and Montana's densest concentration of ferruginous hawks. Under federal law, a take permit is required for activities that could injure, kill or otherwise harm protected birds such as eagles.
SDG&E alleges federal officials recommended to NaturEner that the wind farm needed such a permit. NaturEner has denied the claim.
Montana District Judge Brenda Gilbert ruled in May that the case should be heard in Montana because of Rim Rock's importance to the economies of Glacier and Toole counties. She also issued an injunction requiring the utility to pay NaturEner nearly $2 million a month. |
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Appeals court to take up Missouri execution case
Industry News |
2014/07/17 12:03
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A last-minute stay from a federal judge has put a Missouri inmate's execution temporarily on hold.
John Middleton was scheduled to die one minute after midnight Wednesday for killing three people in rural northern Missouri in 1995. With less than two hours to go before the execution, U.S. District Judge Catherine Perry granted a stay, ruling there was enough evidence of mental illness that a new hearing should be held.
Courts have established that executing the mentally ill is unconstitutional.
Missouri Attorney General Chris Koster appealed to the 8th U.S. Circuit Court of Appeals, but that court adjourned for the night without a ruling.
It was a confusing end to a day that saw a flurry of court actions. Perry first granted a stay early Tuesday, but that was overturned by the appeals court. The U.S. Supreme Court refused to overturn the appeals court ruling and declined to halt the execution on several other grounds, including the contention by Middleton's attorneys that he was innocent of the crimes.
Middleton's attorneys then went back to Perry, who once again granted a stay.
However the appeals court eventually rules, the case is likely to end up again in the U.S. Supreme Court.
If the stay is lifted, the state could execute Middleton at any time Wednesday. The death warrant expires at midnight Thursday and if Middleton is not executed by then, the Missouri Supreme Court would have to set a new date. State witnesses and media were told to report back to the prison by 10:30 a.m.
Middleton, 54, would be the sixth man put to death in Missouri this year — only Florida and Texas have performed more executions in 2014 with seven each. |
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Suspect in bodies-in-suitcases case due in court
Headline Topics |
2014/07/17 12:03
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A former police officer charged with dumping two bodies in suitcases along a rural Wisconsin road is due to enter a plea.
Fifty-two-year-old Steven Zelich is scheduled to attend a plea hearing in Walworth County Circuit Court Thursday on two counts of hiding a corpse.
Zelich's attorney, Travis Schwantes, says the charges might not stand up because prosecutors need to show the former West Allis officer tried to conceal a crime. Schwantes says Zelich claims he killed the two women in the suitcases accidentally during sexual encounters.
Authorities say homicide charges are expected to be filed in the counties where the women died. The bodies of 19-year-old Jenny Gamez, of Cottage Grove, Oregon, and 37-year-old Laura Simonson, of Farmington, Minnesota, were found in the suitcases by highway workers June 5. |
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Court issues partial win to bin Laden assistant
Court Watch News |
2014/07/15 12:33
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A federal appeals court on Monday set aside two of three convictions against a former personal assistant to Osama bin Laden.
The U.S. Court of Appeals for the District of Columbia Circuit issued the ruling in the case of Ali Hamza al-Bahlul, who produced propaganda videos for al-Qaida and assisted with preparations for the Sept. 11, 2001, terrorist strikes.
A military commission had convicted him of conspiracy to commit war crimes, providing material support for terrorism and soliciting others to commit war crimes. He has been sentenced to life imprisonment.
The appeals court rejected al-Bahlul's challenge to his conspiracy conviction but overturned his material support and solicitation convictions.
The court, in an opinion by Judge Karen LeCraft Henderson, said the government had offered little backup for the notion that a military commission could try defendants on the charges for which the convictions were overturned — material support for terrorism and solicitation to commit war crimes.
On the conspiracy conviction, the appeals court said Congress has positively identified conspiracy as a war crime.
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Houston Texas Personal Injury Lawyers - Salazar Firm
Lawyer News |
2014/07/15 12:32
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Accidents are always occurring, and this means that personal injuries of all kinds, including automobile accidents, bicycle accidents, defective product accidents, medical malpractice, pedestrian accidents, slip and falls, and wrongful death, are happening every day. When victims or the families of victims contact the Salazar Law Firm, they are extremely traumatized and looking for someone who will bring justice to the situation. Often they or their loved one’s have been hurt because of another’s negligence or carelessness. We aggressively pursue compensation from these responsible parties to get our clients their deserved compensation.
You can find pages on our website that provide details on the following Personal Injury subcategories:
18-Wheeler Accidents
Auto Accidents & Insurance Claims
Catastrophic Injury
Class Actions
Motorcycle Accidents
Product Liability
Wrongful Death
Personal injuries are extremely stressful for victims and their families. Both victims with major and minor injuries are going to have many questions when trying to get compensation for their accident. Our attorneys can guide you during this difficult time and hold the right parties responsible for damages done to you. Call today to set up a free consultation with our Houston personal injury team. |
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