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Appeals court moves BP forward in settlement dispute
Press Release |
2013/10/04 20:11
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The April 2010 blowout of BP's Macondo well off the Louisiana coast triggered an explosion that killed 11 workers on the Deepwater Horizon drilling rig and led to millions of gallons of oil spilling into the Gulf. Shortly after the disaster, BP agreed to create a $20 billion compensation fund that was administered at first by the Gulf Coast Claims Facility, led by attorney Kenneth Feinberg.
BP argued that Barbier and court-appointed claims administrator Patrick Juneau misinterpreted terms of the settlement. Plaintiffs' lawyers countered that BP undervalued the settlement and underestimated how many claimants would qualify for payments.
In the panel's majority opinion, Judge Edith Brown Clement said BP has consistently argued that the settlement's complex formula for compensating businesses was intended to cover "real economic losses, not artificial losses that appear only from the timing of cash flows."
"The interests of individuals who may be reaping windfall recoveries because of an inappropriate interpretation of the Settlement Agreement and those who could never have recovered in individual suits for failure to show causation are not outweighed by the potential loss to a company and its public shareholders of hundreds of millions of dollars of unrecoverable awards," Clement wrote.
Judge Leslie Southwick wrote a concurring opinion. Judge James Dennis wrote a partial dissent, largely disagreeing with the other two.
"Because BP has not satisfied its heavy burden of showing that a change in circumstances or law warranted the modifications it sought, the district court correctly affirmed the Administrator's decision rejecting BP's argument and actions to modify the agreement," Dennis wrote.
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Once notable NJ lawyer given life sentence
Press Release |
2013/09/25 18:22
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A defense attorney who once had a roster of celebrity clients and boasted of having tried hundreds of cases in federal court was sentenced there on Monday to life in prison without parole after his conviction on nearly two dozen counts including murder conspiracy and racketeering.
Paul Bergrin, in custody since his 2009 arrest, wore khaki prison scrubs and showed little reaction as a judge read what amounted to several life sentences Monday afternoon in a federal courtroom in Newark.
The 57-year-old former federal prosecutor once represented an Army reservist charged in the Abu Ghraib prison scandal in Iraq and celebrities such as Queen Latifah, the rapper Lil' Kim and the group Naughty By Nature. He also represented reputed gang members and alleged drug kingpins from his offices in Newark.
Bergrin, formerly of Nutley, and several associates were arrested and charged in May 2009 with running his law business as a criminal enterprise. The U.S. attorney's office charged Bergrin with more than 30 counts including racketeering, setting up the murder of a witness, money laundering and drug offenses. His first trial, in which Bergrin represented himself, ended in a hung jury two years ago.
A second trial resulted in his conviction in March on 23 counts related to operating what prosecutors said was a racketeering enterprise that engaged in drug trafficking, prostitution, bribery, plotting to murder witnesses and money laundering. |
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Lawyer: Performer Harris to deny UK sex charges
Press Release |
2013/09/23 18:03
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Veteran entertainer Rolf Harris intends to plead not guilty to indecent assault and child pornography charges, his lawyer told a London court hearing Monday.
The 83-year-old performer faces nine counts of indecent assault on victims aged 14 and 15 and four counts of making indecent images of children. The alleged incidents stretch back to the 1980s.
Harris, who was accompanied by his wife Alwen, spoke only to confirm his name, address and date of birth during the brief pre-trial hearing at Westminster Magistrates' Court.
Defense lawyer Sonia Woodley said Harris would deny the charges when asked to enter a formal plea at a later hearing.
Australia-born Harris has been a British broadcasting stalwart for decades. He has had musical hits with "Tie Me Kangaroo Down, Sport" - which he once performed with The Beatles - and "Two Little Boys."
He also has hosted television shows and painted an official portrait of Queen Elizabeth II. |
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Inmate accused of threatening court official
Press Release |
2013/09/18 21:11
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An Olympia, Wash., man already jailed on a drug count is accused of threatening a Pierce County Superior Court commissioner after she set his bail at $150,000.
The Olympian reports that prosecutors charged the 31-year-old man with intimidating a judge and felony harassment. He pleaded not guilty to those charges Tuesday, with bail set at $500,000.
The man appeared before Commissioner Meagan Foley on Sept. 3 after being charged with unlawful delivery of a controlled substance.
An investigation was started the next day after a jail transportation employee reported that the man made threats against a female judge. Prosecutors say the threats included blowing up Foley's truck, blowing "her face off" and sending her a teddy bear to prove the man knows where she lives.
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