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Maine's high court to hear environmental dispute
Headline Legal News | 2014/02/13 15:17
Maine's highest court is scheduled to hear arguments in a legal dispute over the environmental cleanup of the former HoltraChem Manufacturing Co. plant in Orrington.

The Portland Press Herald reports that the Supreme Judicial Court will hear oral arguments Tuesday on an appeal by Mallinckrodt LLC, a St. Louis-based pharmaceutical company that inherited responsibility for the site after HoltraChem went bankrupt. Mallinckrodt is seeking to overturn an order that it must complete an environmental cleanup that could cost $250 million.

The chemical plant used mercury in its manufacturing processes and dumped waste directly into the Penobscot River. The plant later deposited waste in five landfills on its 235-acre campus.

Mallinckrodt contends in its appeal that the Maine Board of Environmental Protection overstepped its legal authority in ordering the cleanup.


Ky. high court to hear death penalty appeal
Legal Interview | 2014/02/13 15:17
The Kentucky Supreme Court is set to hear arguments in the case of a death row inmate who has twice won a new trial.

The justices on Thursday will take up the case of 57-year-old Michael Dale St. Clair, who was convicted in the 1991 slaying of distillery worker Frank Brady in Bullitt County.

St. Clair has won three trials in the case, which has lingered for years in appeals.

St. Clair and another inmate escaped from an Oklahoma prison before going on a multistate spree that ended in Kentucky with Brady's death. St. Clair also faces a murder charge in New Mexico for the 1991 kidnapping and slaying of paramedic Timothy Keeling.

St. Clair also received a second death sentence for capital kidnapping from the Hardin County Circuit Court.


Lawyers for Boston Marathon suspect due in court
Court News | 2014/02/10 14:40
Federal prosecutors and lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev will be in court this week for the first time since U.S. Attorney General Eric Holder authorized prosecutors to seek the death penalty against Tsarnaev.

A status conference is scheduled Wednesday in U.S. District Court.

The 20-year-old Tsarnaev is charged with carrying out a terrorist attack that killed three people and injured more than 260. Prosecutors say he and his older brother, Tamerlan Tsarnaev, built pressure cooker bombs, then placed them near the finish line of the marathon last April 15.

Prosecutors announced Jan. 30 that they will seek the death penalty against Tsarnaev. He has pleaded not guilty to a 30-count federal indictment.

Tamerlan Tsarnaev died following a shootout with police.


Farmer pleads guilty in pot growing scheme
Press Release | 2014/02/10 14:40
A Northern California farmer renowned nationally for his heirloom tomatoes has pleaded guilty to leasing out his greenhouses for growing marijuana.

Sixty-four-year-old Thomas Jopson of Sutter County pleaded guilty to conspiracy to manufacture at least 50 marijuana plants, three years after 2,168 marijuana plants were seized from the ranch of Thomas and David Jopson in Rio Oso.

The Sacramento Bee reports that an Oakland medical marijuana entrepreneur, Yan Ebyam, faces trial March 3 for allegedly setting up marijuana cultivations at the ranch and at a wholesale florist greenhouse in Sacramento County.

U.S. District Judge United States John A. Mendez ordered Thomas Jopson to appear for sentencing June 24. According to statements in court, David Jopson is expected to plead guilty on Feb. 18.


Australian court rules ANZ Bank late fees too high
Press Release | 2014/02/06 16:06
One of Australia's largest banks faces a multimillion dollar payout to thousands of customers after a judge ruled on Wednesday that late payment fees it charged on credit cards were exorbitant.

ANZ Banking Group Ltd. partially lost a class action law suit in the Australian Federal Court brought by more than 43,000 customers who claimed they had been charged excessive fees for years. In some cases the fees were 70 times the cost to the bank of administering late payments.

Justice Michelle Gordon ruled that the bank had been illegally imposing penalties for late payments on credit cards.

She agreed with lead plaintiff Lucio Paciocco's argument that the fees were "extravagant, exorbitant and unconscionable," and represented a breach of contract.

But she also ruled in ANZ's favor by dismissing claims that other types of bank fees were illegal penalties.

It was not clear how much the bank would have to pay back customers who had been charged too much over six years. Lawyers for the bank and customers have until next week to agree on a proposal for repaying customers that the court can rule on.


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