|
|
|
Md. highest court recognizes same-sex divorce
Topics in Legal News |
2012/05/18 22:14
|
Maryland's highest court ruled Friday that same-sex couples can divorce in the state even though Maryland does not yet permit same-sex marriages.
The Court of Appeals ruled 7-0 that couples who have a valid marriage from another state can divorce in Maryland. The case involved two women who were married in California and denied a divorce in 2010 by a Maryland judge.
The ruling may have limited effect because same-sex weddings, and by extension divorces, are set to start in the state in January. However, opponents of the law passed this year are seeking to overturn it in a potential voter referendum in November.
"A valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to the applicable statues, reported cases, and court rules of this state," the court concluded in a 21-page ruling.
It said Maryland courts should withhold recognition of a valid foreign marriage only if that marriage is "repugnant" to state public policy. The court says the threshold is a high bar that has not been met in the case that it ruled on.
Lawyers for the women told the Court of Appeals that is would be unprecedented for the state not to recognize gay marriages performed elsewhere.
|
|
|
|
|
|
|
Chinese court seeking to mediate iPad dispute
Topics in Legal News |
2012/04/30 09:23
|
A Chinese court is mediating between Apple Inc. and the Chinese company challenging its right to use the iPad trademark, seeking to get the companies to settle an awkward standoff over the issue.
The Guangdong High Court in southern China, is seeking to arrange a settlement, said Ma Dongxiao, a lawyer for Proview Electronics Co. The court on Feb. 29 began hearing Apple's appeal of lower court ruling that favored Proview in the trademark dispute.
"It is likely that we will settle out of court. The Guangdong High Court is helping to arrange it and the court also expects to do so," Ma said Monday.
China has sought to showcase its determination to protect trademarks and other intellectual property, but with hundreds of thousands employed in the assembly of Apple's iPhones and iPads is unlikely to want to disrupt the company's production and marketing in China. |
|
|
|
|
|
|
Man accused in wife's death in DC to remain held
Topics in Legal News |
2012/03/14 11:17
|
A German-born man who is charged with killing his 91-year-old socialite wife and who a doctor has said was delusional will spend at least another month in a mental health hospital, a judge decided Wednesday.
A judge ordered Albrecht Muth, 47, held for another month during a mental health hearing in D.C. Superior Court.
Muth is charged in the August strangulation and beating death of his wife, Viola Drath, a German journalist. He was sent from jail to a psychiatric hospital in February for a competency screening after a doctor said Muth was delusional and claimed the Archangel Gabriel tells him what to do.
A report filed in court Tuesday said a psychologist who examined him at Saint Elizabeths Hospital had concerns about his current ability to rationally understand the proceedings against him and his ability to help his attorneys with his case. The hospital said it believes Muth's mental health is likely to improve with time and treatment, however.
Muth's lawyers and lawyers for the government agreed the hospital should be given additional time to treat him.
District of Columbia Superior Court Judge Russell Canan encouraged Muth to work with the hospital staff. Muth nodded but did not say anything during the hearing. Canan scheduled the next hearing in the case for April 25. |
|
|
|
|
|
|
Court Overturns $10M Tyson Verdict
Topics in Legal News |
2012/03/07 09:35
|
The Oklahoma Supreme Court on Tuesday tossed a $10 million jury verdict against Tyson Foods Inc., granting the company's request for a new trial based on allegations of juror misconduct and a mistake on interpreting the law.
Springdale, Ark.-based Tyson Foods claimed on appeal that some prospective jurors in the trial in McCurtain County, Okla., didn't answer questions fully or truthfully on juror questionnaires and the trial judge didn't allow oral questions on items covered in the forms filled out by the panelists.
The high court also agreed with Tyson that the growers weren't covered by the Oklahoma Consumer Protection Act. Growers had argued that since Tyson provided them with feed and chicks, that gave them standing as consumers.
Tyson has a large operation in the region, with more than 180 poultry producers in southwest Arkansas and southeast Oklahoma that raise broilers for Tyson's plant in Broken Bow, Okla. That plant and its related operations, including a feed mill, employ more than 1,700 people.
In 2008, 54 growers, with Rusty Armstrong as lead plaintiff, sued Tyson, claiming that farmers who didn't want to modernize their equipment were given inferior feed and chicks. They claimed that Tyson had favored growers who got better feed and livestock.
|
|
|
|
|
|
|
BP 'ready for long court battle over Gulf spill'
Topics in Legal News |
2012/02/27 10:26
|
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. |
|
|
|
|
|
|
Italian court convicts 2 in asbestos-linked deaths
Topics in Legal News |
2012/02/13 10:21
|
An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials called a historic case.
Italian Health Minister Renato Balduzzi hailed the verdict by the three-judge Turin court as without exaggeration, truly historic, noting that it came after a long battle for justice.
It's a great day, but that doesn't mean the battle against asbestos is over, he told Sky TG24 TV, stressing that it is a worldwide problem.
Prosecutors said Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibers left over from production of roof coverings and pipes at its northern Italian factories from spreading across the region.
During the trial, which has stretched on since December 2009, some 2,100 deaths or illnesses were blamed on the asbestos fibers, which can cause grave lung problems, including cancer. Prosecutors said the contamination stretched over decades.
The defendants had denied wrongdoing.
Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded the courtroom and two nearby halls to gather for the verdict. When the convictions were announced, some of the spectators wept.
Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court's complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos. |
|
|
|
|
|
Legal News RSS Feed
