Thursday, September 5, 2013
Court withdraws ruling in BP insurance dispute
A federal appeals court reversed course Thursday on its earlier ruling favoring BP in a multimillion-dollar insurance dispute, handing at least a temporary setback to the energy giant as it seeks to defray some of the enormous costs associated with the huge 2010 Gulf oil spill.
BP has argued that it is entitled to a portion of $750 million in coverage from a drilling contractor's insurance policies to help the London-based multinational help pay pollution-related costs following the explosion, fire and spill in the Gulf of Mexico.
BP leased the drilling rig that exploded from Transocean Ltd. and required by contract that the Swiss-based drilling company maintain minimum insurance coverage for BP's benefit. Transocean's policy with Ranger Insurance Ltd. provided at least $50 million in coverage, while its policies with several "excess liability" insurers added at least another $700 million in coverage.
BP contends it is entitled to coverage under those Transocean policies as an "additional insured" party, but U.S. District Judge Carl Barbier rejected the company's interpretation of the policy language in a November 2010 ruling. Then the 5th U.S. Circuit Court of Appeals in New Orleans reversed Barbier's ruling on March 1 in a decision favoring BP.
On Thursday, a three-judge panel of the same New Orleans based appeals court said the outcome of the dispute isn't clear and it would seek answers from the Texas Supreme Court to two questions that could help the federal appeals court ultimately decide the case. For now, Barbier's ruling against BP stands.
Thursday, May 23, 2013
Court strikes down Arizona 20-week abortion ban
A federal court in San Francisco Tuesday struck down Arizona's ban on abortions after 20 weeks of pregnancy.
The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks
Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.
A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.
But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies.
The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks
Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.
A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.
But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies.
Wednesday, May 8, 2013
Court dismisses lawsuits in power plant deaths
The Colorado Court of Appeals has dismissed lawsuits against three companies in the deaths of five workers at a power plant in 2007.
The appeals court agreed Thursday with a judge that there was no evidence that the companies violated duties or failed to provide adequate warnings of a fire hazard.
The workers died after a fire broke out inside a pipeline at Xcel Energy's Cabin Creek hydroelectric plant near Georgetown, about 40 miles west of Denver. The men were inside the pipeline resealing it at the time.
The workers were trapped in the tunnel when a flammable solvent they were using to clean an epoxy paint sprayer ignited on Oct. 2, 2007.
Families of the men and four injured employees sued KTA-Tator Inc., Structural Integrity Associates Inc. and Graco, Inc., claiming the companies were negligent.
The court, however, noted that the sprayer used by the workers carried a warning that "flammable fumes, such as solvent and paint fumes, in (a) work area can ignite or explode" and offered safety options.
The workers communicated by radio for 45 minutes with colleagues and rescue crews. But reaching them would have involved using ropes or ladders to go down a 20-foot vertical section of tunnel then along a 1,000-foot section at a 55-degree slope, to reach the horizontal section where they were located.
Tuesday, April 16, 2013
Court: Can human genes be patented?
DNA may be the building block of life, but can something taken from it also be the building block of a multimillion-dollar medical monopoly?
The Supreme Court grapples Monday with the question of whether human genes can be patented. Its ultimate answer could reshape U.S. medical research, the fight against diseases like breast and ovarian cancer and the multi-billion dollar medical and biotechnology business.
"The intellectual framework that comes out of the decision could have a significant impact on other patents - for antibiotics, vaccines, hormones, stem cells and diagnostics on infectious microbes that are found in nature," Robert Cook-Deegan, director for genome ethics, law & policy at Duke University, said in a statement.
"This could affect agricultural biotechnology, environmental biotechnology, green-tech, the use of organisms to produce alternative fuels and other applications," he said.
The nine justices' decision will also have a profound effect on American business, with billions of dollars of investment and years of research on the line. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years.
The Supreme Court grapples Monday with the question of whether human genes can be patented. Its ultimate answer could reshape U.S. medical research, the fight against diseases like breast and ovarian cancer and the multi-billion dollar medical and biotechnology business.
"The intellectual framework that comes out of the decision could have a significant impact on other patents - for antibiotics, vaccines, hormones, stem cells and diagnostics on infectious microbes that are found in nature," Robert Cook-Deegan, director for genome ethics, law & policy at Duke University, said in a statement.
"This could affect agricultural biotechnology, environmental biotechnology, green-tech, the use of organisms to produce alternative fuels and other applications," he said.
The nine justices' decision will also have a profound effect on American business, with billions of dollars of investment and years of research on the line. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years.
Tuesday, February 5, 2013
Coit & Associates, P.C. - Criminal Defense
The criminal defense attorneys of Coit & Associates, P.C. have offices in Eugene and Portland. Each lawyer on our staff takes pride in providing the best representation in the greater Eugene and Portland metropolitan areas and beyond. Our attorneys provide effective, aggressive and affordable criminal defense for defendants charged with or suspected of committing crimes in Eugene/Lane County, Linn County, Clackamas County, Washington County, Deschutes County, Portland/Multnomah County and throughout many remaining counties of Oregon.
Our criminal defense attorneys understand that being charged with a crime is one of the most difficult things one can undergo in life. Our lawyers are experienced in all levels of criminal defense and handle all types of criminal defense cases in Oregon State and Federal courts. Coit & Associates attorneys handle cases ranging from the least serious misdemeanors to the most serious felonies. 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. As such, our attorneys will handle your criminal case with the utmost care, attention to detail, and strictest confidentiality.
http://www.criminaldefenseoregon.com/practice-areas/criminal-defense
Our criminal defense attorneys understand that being charged with a crime is one of the most difficult things one can undergo in life. Our lawyers are experienced in all levels of criminal defense and handle all types of criminal defense cases in Oregon State and Federal courts. Coit & Associates attorneys handle cases ranging from the least serious misdemeanors to the most serious felonies. 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. As such, our attorneys will handle your criminal case with the utmost care, attention to detail, and strictest confidentiality.
http://www.criminaldefenseoregon.com/practice-areas/criminal-defense
Thursday, November 8, 2012
Court refuses to block Okla. execution
The Supreme Court has refused to halt the execution of an Oklahoma inmate who claims he is mentally incompetent and ineligible for the death penalty.
The justices said in an order Tuesday that they will not grant a stay of execution to 56-year-old Garry Thomas Allen, who is set to die by lethal injection Tuesday evening at the Oklahoma State Penitentiary in McAlester.
Allen was convicted in the shooting death of his fiancée outside a children's day care in Oklahoma City in 1986.
Allen's attorneys had argued that he was incompetent when he entered a guilty plea in the case and that his mental condition has continued to deteriorate. Appellate courts have rejected those claims.
The justices said in an order Tuesday that they will not grant a stay of execution to 56-year-old Garry Thomas Allen, who is set to die by lethal injection Tuesday evening at the Oklahoma State Penitentiary in McAlester.
Allen was convicted in the shooting death of his fiancée outside a children's day care in Oklahoma City in 1986.
Allen's attorneys had argued that he was incompetent when he entered a guilty plea in the case and that his mental condition has continued to deteriorate. Appellate courts have rejected those claims.
Wednesday, October 17, 2012
Pittsburgh Expungements & Pardons Lawyer
An arrest or criminal conviction can hurt your employment opportunities, career advancement, educational opportunities and even your personal relationships. If you have been arrested for a crime, your arrest may show up in a criminal background check - even if you were found not guilty. With the rise of the Internet, anyone can find out if you have been arrested or convicted of a crime.
There may be a legal remedy for you. If you have been arrested, but not convicted, an expungement can clear your record of a criminal arrest.
For people seeking the expungement of a criminal conviction in Pennsylvania, the news is not as positive. Convictions for summary offenses may be expunged after 5 years. Unfortunately, if you have been convicted of a misdemeanor or felony, you are not eligible for expungement.
However, there is another process in the state of Pennsylvania for people with a criminal conviction. That process is the pardon process. In the state of Pennsylvania, there is a Board of Pardons which accepts pardon applications and grants pardons. Obtaining a pardon is not easy, but it is possible for people with limited criminal convictions.
Contact Our Pennsylvania Criminal Defense Attorneys
If you have an arrest and/or conviction record in Pennsylvania, please call me at 412-429-4360, email me at info@gbmlawpittsburgh.com or contact me through this website and I will provide you a free consultation and let you know if an expungement or pardon may help you regain your good name. Visit us on the web for more information http://www.gbmlawpittsburgh.com/attorney-profile
There may be a legal remedy for you. If you have been arrested, but not convicted, an expungement can clear your record of a criminal arrest.
For people seeking the expungement of a criminal conviction in Pennsylvania, the news is not as positive. Convictions for summary offenses may be expunged after 5 years. Unfortunately, if you have been convicted of a misdemeanor or felony, you are not eligible for expungement.
However, there is another process in the state of Pennsylvania for people with a criminal conviction. That process is the pardon process. In the state of Pennsylvania, there is a Board of Pardons which accepts pardon applications and grants pardons. Obtaining a pardon is not easy, but it is possible for people with limited criminal convictions.
Contact Our Pennsylvania Criminal Defense Attorneys
If you have an arrest and/or conviction record in Pennsylvania, please call me at 412-429-4360, email me at info@gbmlawpittsburgh.com or contact me through this website and I will provide you a free consultation and let you know if an expungement or pardon may help you regain your good name. Visit us on the web for more information http://www.gbmlawpittsburgh.com/attorney-profile
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