Lawsuits & Litigation Archives - Page 747 of 762

BP Settlement Finalized at $20.8 Billion

Staff - October 7, 2015

Although the deal is finalized, various sources have differed in how the payout will be calculated. The New York Times is reporting that $5 billion of the $8.8 total allotment for environmental restoration will go to Louisiana, the state hardest hit by the disaster, payable over an 18-year period. $5.5 billion will go to Clean Water Act penalties, payable over a 15 year period, the largest environmental fine in history. $4.9 billion will also go towards economic damages to the states affected by the spill. The Wall Street Journal reports that a total of $8.1 billion will go towards environmental damages to the U.S. and the Gulf states. BP had already agreed to a separate criminal penalty of $4 billion in 2013.

Volkswagen Internal Audit Focuses on Engineers as Lawsuits Mount over Emissions Scandal

Staff - October 6, 2015

he engines were set to be a revolutionary breakthrough, used not just for Volkswagen models, but also for the company’s premium brand Audi, and less costly offshoots Skoda and Seat, along with some light commercial vehicles. Although specifics remain sketchy, it appears that management from the engineering team instructed the use of the software, under pressure to market the “clean diesel” breakthrough. The internal audit discovered that engineers realized that the vehicles would not, at the very least, meet U.S. diesel emissions standards, which are more stringent than in Europe.

Supreme Court Declines to Take up Newman Insider Trading Case

Staff - October 6, 2015

The case of Todd Newman and Anthony Chiasson, where were convicted of insider trading in 2012, during New-York’s U.S. attorney, Preet Bharara’s astounding six-year run of 85 insider trading convictions before losing a case which netted him 60 other convictions. Last December, however, the 2nd Circuit overturned the Newman convictions, ruling that Bharara stretched the limits of insider trading laws too far, citing insufficient evidence. At issue is whether or not the giver of the confidential information must receive a benefit from providing the tip, and whether or not that benefit must be concrete and tangible to be considered insider trading.

Sandy Hook Lawsuit Moves to State Court in Wake of another School Shooting

Staff - October 2, 2015

The lawsuit was initially filed in Connecticut Superior Court in Bridgeport; however Bushmaster successfully petitioned for the case to be moved to federal court shortly afterward. The plaintiffs are arguing the Bushmaster AR-15 assault rifle used in the shooting is too dangerous to be sold to the public, citing negligent entrustment, a provision which holds a company liable for damages occurring to a third party. Federal courts have usually ruled in favor of gun manufacturers in cases involving negligent entrustment. Although Bushmaster attorneys argued that including Riverview Gun Sales in the lawsuit was “meritless” and that the company was fraudulently named as a defendant in order to keep the case at the state level, Judge Chatigny remanded the case back to state court without issuing an opinion.

Mixed 9th Circuit Ruling Upholds NCAA Antitrust Ruling, Vacates Athlete Payment Proposal

Staff - October 1, 2015

While the panel was in agreement with the first part of Judge Wilken’s ruling, Chief Judge Sidney R. Thomas disagreed with the other two judges on the merits of Wilken’s acceptance of the deferred-compensation option. Defending the majority opinion of vacating this portion of Wilken’s ruling, Judge Bybee wrote “The difference between offering student-athletes education-related compensation and offering them cash sums untethered to educational expenses is not minor; it is a quantum leap,” Bybee added, “Once that line is crossed, we see no basis for returning to a rule of amateurism and no defined stopping point.”

Lawsuit Blames PG&E for Massive California Butte Wildfire

Staff - September 30, 2015

Lead attorney Gerald Singleton filed the complaint on Tuesday despite an admittedly low-level of evidence. Singleton said about the complaint, “The only evidence we have at this point is that if they are properly configured and maintained, a tree should never be in a position to fall on a line.”

Ralph Nader’s Tort Law Museum Opens in Connecticut

Jeremy Lesh - September 28, 2015

Nader is hoping that the museum will help to serve future generations in understanding the power of the consumer, the threats of the protections being removed as part of the conservative tort-reform agenda, which is an attempt to put caps on personal injury lawsuit awards. Nader said, “Tort law is being run into the ground, maligned, caricatured and slandered because it’s effective,” calling tort reform, “the cruelest movement I’ve ever encountered.”

Indiana’s Supreme Court Hears Arguments over 2011 State Fair Stage Collapse

Staff - September 24, 2015

The case may or may not end at the state’s Supreme Court, depending on whether or not the appeal is considered. If the Court declines the appeal, the case will head back to a jury trial in Marion County, however MacGill acknowledged that even a favorable ruling will still make for difficulties, saying that “we have a lot of work to do, and we have to prove a case.” If the Court accepts the case, and depending on the ruling, the state could be held liable for an undisclosed amount of damages.

Oakland Sues Wells Fargo for Lending Discrimination

Staff - September 23, 2015

The city is blaming Wells Fargo for the loss of millions of dollars of potential tax revenue, leading to budgetary limits for services like parks, policing, and libraries. City attorney Barbara Parker said in a statement after the filing, “Wells Fargo’s discriminatory conduct devastated individuals and communities, increasing poverty and wiping out or drastically reducing wealth for minority communities while bankers prospered.”

California Judge Rules for UFW in Battle against Gerawan Farming

Staff - September 20, 2015

Soble ruled that the ballots will not be counted, writing, “As a result of the employer’s unlawful support and assistance, I am setting aside the decertification election and dismissing the decertification petition.” Gerawan attorney Ron Barsamian admitted to the violation, however claiming that it was not the crux of the issue, saying “The payment to the decertification petitioners to go to Sacramento was from a source outside Gerawan and may be a technical violation, but it also fails to consider the fact that they were going anyway. The money didn’t make them decide.” The case became the lengthiest labor hearing ever in the state of California, involving over 100 witnesses and six months of testimony.

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