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BP 'ready for long court battle over Gulf spill'
Topics in Legal News | 2012/02/27 10:02
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.


Costner sculpture dispute heads to SD high court
Topics in Legal News | 2012/02/24 09:47
The South Dakota Supreme Court will hear a case involving Hollywood actor Kevin Costner and some bronze sculptures of bison and American Indians.

Justices will review a judge's decision last summer that Costner did not breach a contract with South Dakota artist Peggy Detmers by placing the sculptures at his Tatanka attraction near Deadwood in 2006. Detmers challenged the ruling, and oral arguments are set for March 19 in Vermillion, the Rapid City Journal reported.

Costner filmed much of his Academy-Award-winning movie "Dances with Wolves" in South Dakota. He commissioned the sculptures in the early 1990s for his planned Dunbar resort in South Dakota's Black Hills that still has not been built.

Costner paid Detmers $300,000 for the 17 sculptures. Detmers said she spent more than six years creating the artwork and gave Costner a price break because she anticipated selling smaller sculptures at the resort.

Circuit Judge Randall Macy ruled last July that Detmers indicated her approval of the Tatanka location by participating in the development of the site, the placing of the sculptures there and the opening ceremony. The Tatanka site houses the sculptures and a visitor center.


Court seems split on double jeopardy question
Topics in Legal News | 2012/02/23 09:44
The Supreme Court seemed divided Wednesday on whether to allow an Arkansas man to be retried on murder charges even though a jury forewoman said in open court that they were unanimously against finding him guilty.

Alex Blueford of Jacksonville, Ark., was charged in July 2008 in the death of 20-month-old Matthew McFadden Jr. Blueford testified at trial that he elbowed the boy in the head by accident. Authorities say the child was beaten to death.

Blueford's murder trial ended in a hung jury. The jury forewoman told the judge before he declared a mistrial that the jury voted unanimously against capital murder and first-degree murder. The jury deadlocked on a lesser charge, manslaughter, which caused the mistrial.

The Arkansas Supreme Court ruled last year that Blueford should be retried on the original charges. But Blueford's lawyers want justices to bar a second trial on capital and first-degree murder charges, saying that would violate Fifth Amendment protections preventing someone from being tried twice for the same crime.


Providence mayor warns of possible bankruptcy
Topics in Legal News | 2012/02/02 23:05
Mayor Angel Taveras painted a bleak picture Thursday of the city's finances, saying Providence faces "devastation" and could go bankrupt if retiree benefits aren't cut and tax-exempt institutions like Brown University don't pay more in lieu of taxes.

Taveras said he cut a projected $110 million deficit for the current fiscal year to less than $30 million but that the city is on track to run out of money by June. He said taxpayers and city workers have already sacrificed ? taxes and fees have gone up, several schools were closed and there are 200 fewer people on the city's payroll compared to a year ago ? and he called on retirees and nonprofit hospitals and universities to do the same.

"Everyone must sacrifice or everyone will suffer the consequences," he said at a news conference at City Hall. "We need everyone to be part of the solution."

He said the city can't afford retirees' guaranteed annual cost-of-living increases ? about 600 retirees get increases of 5 and 6 percent ? and that benefits will be cut one way or another, either voluntarily or possibly through court action. He suggested the city could go the way of Central Falls, which was taken over by a state-appointed receiver in 2010 and where pensioners' benefits were unilaterally slashed. The receiver declared bankruptcy on behalf of the city in August.


Robbins Geller Rudman & Dowd LLP Files Class Action
Topics in Legal News | 2012/01/30 13:04
Robbins Geller Rudman & Dowd LLP today announced that a class action has been commenced in the United States District Court for the Northern District of Alabama on behalf of purchasers of the common stock of Walter Energy, Inc. between April 20, 2011 and September 21, 2011, inclusive.

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Samuel H. Rudman or David A. Rosenfeld of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/walterenergy/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.

The complaint charges Walter and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Walter, through its consolidated subsidiaries, mines and exports hard coking coal for the global steel industry.

The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and prospects. Specifically, defendants misrepresented and/or failed to disclose the following adverse facts: (i) that the Company was experiencing so-called “squeeze” events in Alabama and lower coal transportation rates in Canada that significantly reduced Walter’s coal production; (ii) that the Company’s commitment to ship more than 700,000 tons of coal in the second quarter at first quarter sales prices would result in a material adverse effect on Walter’s average sales prices and operating results during the second quarter; (iii) that Walter was experiencing a significant decline in its margins and profitability; and (iv) that, based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its business prospects during the Class Period.

On August 3, 2011, Walter issued a press release announcing its operating results for its 2011 fiscal second quarter, the period ended June 30, 2011. For the quarter, the Company announced net income of $107.4 million, or $1.71 per diluted common share, significantly less than Wall Street estimates. Then, On September 21, 2011, Walter issued a press release announcing its attempt to “enhance” its historical statistical disclosure and its revisions to its 2011 second half sales expectations. In response to this announcement, the price of Walter common stock declined from $75.00 per share on September 20, 2011 to $66.25 on September 21, 2011, on extremely heavy trading volume.

Plaintiff seeks to recover damages on behalf of all purchasers of Walter common stock during the Class Period (the “Class”). The plaintiff is represented by Robbins Geller, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

Robbins Geller, a 180-lawyer firm with offices in San Diego, San Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and Atlanta, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors, consumers, and companies, as well as victims of human rights violations.

http://www.rgrdlaw.com


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