Court: Officers may have to pay fees in lawsuit

The Supreme Court says a South Carolina sheriff's office can be held liable for attorneys' fees for stopping abortion protesters in South Carolina who wanted to hold up signs showing aborted fetuses.

Justices on Monday reversed a decision saying the Greenwood County sheriff's office was not required to pay attorney's fees in a lawsuit brought by Steven Lefemine and Columbia Christians for Life. The group was told by officers they couldn't protest with their signs in November 2005. A federal judge agreed that the sheriff was wrong, but did not award damages or lawyer's fees.

The justices threw out that decision without hearing arguments, saying the legal decision that officers could not stop the protesters "supported the award of attorney's fees." The case now goes back to the lower courts.

Court leaves ruling against big tobacco intact

A federal appeals court on Friday left intact a court judgment that ordered tobacco companies to do corrective advertising about the dangers of smoking.
The companies sought to overturn a federal judge's order on grounds that the order had been superceded by a 2009 law that gave the Food and Drug Administration authority over the industry, including power to require graphic cigarette warnings.
In court filings, the companies — including Philip Morris USA, the nation's largest tobacco maker — say that the 2009 Tobacco Control Act eliminated any reasonable likelihood that the companies would commit future violations, thus making the need for remedies like corrective statements moot.
In a 3-0 decision, the appeals court said the regulatory oversight provided by the 2009 Tobacco Control Act is not a replacement for the judge's ruling on corrective advertising.
The appeals court supported a lower court decision by U.S. District Judge Gladys Kessler that if the companies were not deterred by the possibility of court-imposed action, they were not likely to be deterred by the 2009 Tobacco Control Act either.
In 2006, Kessler ruled that America's largest cigarette makers concealed the dangers of smoking for decades, in a civil case the federal government brought under the Racketeer Influenced and Corrupt Organizations law, or RICO.

Eugene Personal Injury Lawyer - Arnold Law Office, LLC.

Situations in which you are accused of a violent crime or criminal offense such as assault, manslaughter, and homicide, puts your whole life on the line. These days, government officials and law enforcement rarely look at these cases from the eyes and point of view of a truth-seeker. These are the faulty police investigations that may change your life because they often look over witnesses that sould support a self-defense claim and ignore other evidence that doesn't fit in with what actually happened. In order to not become a victim of this, an aggressive defense is necessary to fight these faulty accusations. It is your life. Your choice of attorney in Eugene, Oregon depends on it.

At Arnold Law Office, LLC, our Eugene criminal defense attorneys treat every case as if it is their most important case. We understand how much is at stake for you and we will provide you with the straight-talking legal counsel you need and deserve. Contact us at 541-338-9111 or visit us at www.arnoldlawfirm.com/defense.html for more information.

Pittsburgh DUI Laywer - Gerald B. McNamara

DUI's are never taken lightly. When you drive under the influence, you are not only risking your life but the lives of others on the road. As a retired Pittsburgh Police officer, I recognize that any conviction, arrest or even a hint of wrongdoing on your part may have life-changing consequences, regardless of whether it is for DUI or a felony. If you allow it, the criminal justice system will trample on your Constitutional rights, stain your record as a citizen and take away your freedom to live in society. A first-time DUI conviction can result in mandatory jail time. If you go to jail, or lose your driver’s license, this can also mean the loss of your job and your ability to support your family.

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Court: Ex-Bush aide protected from torture lawsuit

For the second time this year, a federal appeals court shielded a former Bush administration lawyer from a lawsuit filed by a convicted terrorist who alleged the attorney's so-called "torture memos" led to his illegally harsh treatment while in U.S. military custody.

The two similar rulings from separate courts on both sides of the country may signal the end of inmate Jose Padilla's legal fight over the legality of the Bush administration "coercive interrogation" methods of terror suspects.

On Wednesday, the 9th U.S. Circuit Court of Appeals tossed out Padilla lawsuit against John Yoo, a former deputy attorney general who wrote a series of memos outlining permissible treatment of "enemy combatants" in military custody.

The San Francisco-based appeals court said Yoo is protected from Padilla lawsuit and similar challenges because the law defining torture and the treatment of enemy combatants was unsettled in the two years after the Sept. 11 terror attacks, when the memos were written, the 9th U.S. Circuit Court of Appeals said.

Difference Between Chapter 7 and 13 Bankruptcy

I recently read about The Law Offices of Dennis R. Wheeler. They are so informative about the areas they cover. Here is a snippet from their great website.

There are major differences between Chapter 7 and 13 Bankruptcy. The Chapter 7 Bankruptcy is one of the most popular forms of bankruptcy chosen by clients. This type is also known as liquidation bankruptcy and consumers agree to allow their bankruptcy trustee to expunge your non-exempt assets in exchange for a discharge of debts. Normally, this type of bankruptcy would take up to three to four months for completion. However, in Chapter 13 Bankruptcy, consumer assets are not liquidated. Chapter 13 is more known as wage earner's bankruptcy and involves a repayment plan with the bankruptcy court to pay back portions of your debts over a few years time period. Normally, this type of bankruptcy is extended over a three to five year plan. Most debts after the repayment plan would be discharged by the court after completion.

French court rules genocide law unconstitutional

France's Constitutional Council ruled Tuesday that a French law concerning the mass killings of Armenians a century ago violates the country's constitution.

French President Nicolas Sarkozy, who had personally backed the law, immediately said he would ask the government to prepare a new bill taking into account the council's ruling.

The law passed by France's parliament in December makes it a crime to deny that the killings of some 1.5 million Armenians by Ottoman Turks in 1915 constituted genocide. The council ruled the law would violate freedom of expression and speech, which are guaranteed by the French constitution.

Turkey, which says there was no systematic campaign against Armenians, has strongly opposed the French law.

The head of a French Armenian organization, meanwhile, sharply criticized the ruling, saying it was the result of Turkish lobbying.

Relations between France and Turkey have suffered since the law's passage, with Turkey suspending its military and economic cooperation with France after the lower house approval of the measure in December. The French Senate gave the law the green light in late January.

Indianapolis Business & Corporate Law Firm

Entity Selection & Formation
There are many important decisions to be made by an emerging business, each of which come with potential pitfalls that be damaging to the business and its owners in the absence of proper legal guidance. Our attorneys can help you with these issues, steering you clear of the problems while helping you select the type of entity which best serves your business interests and goals. From drafting the formation documents to stock issuance to agreements between co-owners, our Firm’s skilled business attorneys can help you establish a solid legal foundation for your business’s future.

Contract Drafting & Negotiation
Beyond the formation of business entities, our Firm acts as a corporate counsel for many of its business clients, including the negotiation, drafting and review of our client’s contracts, ranging in size from a few thousand dollars to millions of dollars. With just a few hours’ time, our review of contracts before they are signed can help our clients avoid paying for hundreds of hours of attorney time in litigation once a contract dispute arises.

Riley Bennett & Egloff Law is a Business & Corporate law firm that offers an all-inclusive range of legal services for their business clients and is capable of handling the various issues any business can face. Based in Indianapolis, their attorneys have expertise in entity selection and formation, contract drafting and negotiation, and mergers and acquisitions. Their experience can help you establish a solid legal foundation for your business's future. See www.rbelaw.com.

Houston Motorcycle Accident Law Firm

The Salazar Law Firm, PLLC

Motorcycle accidents happen for a variety of reasons, but statistics consistently show that they are now happening with alarming regularity. Approximately 25,000 people are injured and over 1,000 killed every year as a result of motorcycle accidents. A motorcycle accident can cause catastrophic injuries, leaving the victim partially or completely paralyzed. Motorcycle accidents that result in a wrongful death often leave the victim's family to deal with the sudden and unexpected loss. The most common causes are: driver error, reckless driving by another, dangerous road conditions, mechanical failure, and faulty motorcycle design.

The Salazar Law Firm is committed to providing clients involved in motorcycle accidents with the aggressive advocacy and knowledgeable support they need to get back on their feet. Their team of attorney aim to help the victims obtain a reasonably fair compensation for their losses and suffering. They are there for every step of the way, starting with the investigation site. See http://www.hurtinhouston.com for more information.

Eugene and Portland Criminal Defense - Coit & Associates, P.C.

Coit & Associates, P.C., with offices in Eugene and Portland, have criminal defense lawyers acknowledged for providing the highest quality representation in the greater Eugene and Portland metropolitan locations. No matter the size or seriousness of your case, a lawyer at Coit & Associates, P.C. will aggressively tackle the case and understand its importance to you and your family.

Our attorneys at Coit & Associates, P.C. not only have the experience to represent you but we will not b ack down from anyway. Our goal is to provide our clients with efficient, aggressive, and affordable criminal defense that is effective. We care for our defendents charged with or suspected of committing crimes and will fight for you.

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Proof of a Negative Not Required for Summary Judgment

The Indiana Court of Appeals has issued a decision that may have a large impact on summary judgment practice in Indiana. In Commr. of the Indiana Dept. of Ins. v. Black, ___ N.E.2d ___ (Ind. Ct. App. 2012), the Court essentially held that Indiana will apply the standard set forth in Celotex v. Catrett, 477 U.S. 317 (1986), at least in some circumstances.
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Tim Black alleged that Dr. Harris and others rendered negligent care to his wife after she complained of chest pain. The negligence allegedly resulted in severe cardiac arrest and resulted in the need for a heart transplant. The medical review panel unanimously concluded that Dr. Harris failed to comply with the applicable standard of care.

After the panel decision, Black filed a petition seeking payment of $1 million from the Patient's Compensation Fund and asserted that he had settled with Dr. Harris for $250,000, thereby satisfying the qualifying amount to get to the fund. The Commissioner sought discovery of the settlement agreement but Black refused to produce it, saying it was confidential. Black did produce a copy of an unauthenticated check in the amount $250,000 from the Medical Assurance Co., made payable to Black and his counsel. Black also produced some correspondence between counsel that discussed a prospective settlement.

The Commissioner moved to dismiss the petition claiming that he needed the settlement agreement in order to make payment. It was not clear from the check whether the payment was for settlement with Dr. Harris or other defendants. The trial court denied the motion to dismiss and after conducting a hearing on damages, ordered the Commissioner to pay Black $1 million. The Commissioner appealed.

In considering the motion to dismiss, the Court of Appeals observed that matters outside the pleadings were submitted in support of the motion to dismiss and were relied on by the trial court. In light of this fact, the Court of Appeals, pursuant to T.R. 12(B), treated the motion as one for summary judgment. In a footnote, the court recognized that T.R. 12(B) requires that "all parties shall be given reasonable opportunity to present all material made pertinent to such motion by Rule 56." Although no such "opportunity" was given, the court found there was "no prejudice" and proceeded to consider the appeal as a summary judgment case.

Ex-head of Nigerian state admits financial crime

A former governor of Nigeria's oil-rich Delta state pleaded guilty in a British court Monday to charges of money-laundering, conspiring to defraud and obtaining a money transfer by fraud, officials said.

James Ibori, 49, entered his plea at Southwark Crown Court. He is to be sentenced on April 16.

Paul Whatmore of the Metropolitan Police Proceeds of Corruption Unit said Ibori's guilty pleas capped an inquiry which began in association with Nigerian anti-corruption investigators in 2005. Ibori was immune from prosecution in Nigeria between 1999 and 2007 when he was serving as governor of Bayelsa state, police said.

"We will now be actively seeking the confiscation of all of his stolen assets so they can be repatriated for the benefit of the people of Delta state," Whatmore said.

BP 'ready for long court battle over Gulf spill'

BP chief executive Bob Dudley said the company is able to fight a lengthy court battle over the 2010 oil spill in the Gulf of Mexico.

Dudley, who took control of BP in October 2012 after former chief executive Tony Hayward resigned amid criticism over the way he had handled the oil spill, told the Sunday Telegraph that BP can continue to function even if the court case that begins in New Orleans today continues for years.

"We have to remember we are a business that invests in decade-long cycles," he said.

"For the vast majority of people now at BP, the company is back on its feet and it is starting to move forward," he said.

BP has set aside US$40 billion to deal with fines and associated costs of the April 20, 2010 blowout of BP's deepwater Macondo well which killed 11 workers and injured 17. The burning drilling rig Deepwater Horizon toppled and sank to the Gulf floor, where it sits today.

It took engineers 85 days to permanently cap the well.

By then, more than 750 million litres of oil leaked from the well and had covered much of the northern half of the Gulf of Mexico endangering fisheries, killing marine life and shutting down offshore oil drilling operations.

President Barack Obama called the BP spill "the worst environmental disaster the nation has ever faced."

Dudley said BP had improved safety standards on its rigs, five of which are working again in the Gulf of Mexico, and that the company was still committed to deepwater drilling.

"We had a choice whether or not to back away from the offshore industry and the deep water industry but we have a lot of great strengths in this area and so, rather than move away, we have gone in with even more commitment, more time and more people, more expertise," he said.