A New York court decision has bolstered a movement among towns
determined to prevent the controversial practice of hydraulic fracturing
for natural gas within their borders.
A state Supreme Court justice on Tuesday upheld the town of Dryden's
August 2011 zoning amendment banning gas drilling. Denver-based Anschutz
Exploration Corporation, which has spent $5.1 million leasing and
developing 22,000 acres in Dryden, about 40 miles southwest of Syracuse,
had argued state law trumped the ban.
More than 50 New York communities have enacted gas-drilling bans.
Binghamton attorney Helen Slottje, who helps draft such laws, says the
ruling should embolden towns considering local bans.
"We think it's a terrific vindication of the town's right to home rule
and to decide their future," Slottje said Wednesday. "It really should
give the green light to communities that want to proceed down this
route."
Albany attorney Tom West, who represented Anschutz, said the trial-level
state court decision is likely to be appealed to the mid-level
Appellate Division and, if necessary, to the state Court of Appeals.
"We remain confident in our position that municipalities cannot ban natural gas drilling in New York state," West said.
Another challenge of a municipal gas-drilling ban is pending in Otsego
County, where Cooperstown Holstein Corp. sued the town of Middlefield
over a ban similar to Dryden's. The lawsuit says the landowner has
leased nearly 400 acres to a gas-drilling company and the ban would
block the economic benefits of the arrangement.
Wednesday, February 29, 2012
Costner sculpture dispute heads to SD high court
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.
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.
The Rosen Law Firm Announces Class Action
The Rosen Law Firm, P.A. today announced that a class action lawsuit has
been filed on behalf of investors who purchased the common stock of
SAIC, Inc. during the period between April 11, 2007 and September 1,
2011, and is seeking to recover investors' damages from violations of
federal securities laws.
To join the SAIC class action, visit the Rosen Law Firm's website at http://www.rosenlegal.com, or call Phillip Kim, Esq. or Jon Horne, toll-free, at 866-767-3653; you may also email or pkim@rosenlegal.com or jhorne@rosenlegal.com for information on the class action.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY CHOOSE TO DO NOTHING AT THIS POINT AND REMAIN AN ABSENT CLASS MEMBER.
The Complaint asserts violations of the federal securities laws against SAIC and its officers and directors for issuing false and misleading information to investors about the Company's true financial and business condition. Specifically, the Complaint alleges defendants misrepresented and/or failed to disclose that: (1) over a multi-year period, SAIC had overbilled New York City hundreds of millions of dollars on the CityTime project -- an initiative associated with the modernization of New York City's employee payroll system; (2) as a result of these overbilling practices, its operating results during the Class Period were materially misstated; (3) SAIC's overbilling practices subjected the Company to numerous undisclosed risks, including monetary risks and risks to the Company's reputation; (4) as a result of the foregoing, SAIC violated applicable accounting standards associated with the recognition of revenue and the disclosure and accounting for loss contingencies; and (5) the Company's financial statements were not fairly presented in conformity with generally accepted accounting principles and were materially false and misleading.
When the truth concerning SAIC's financial condition was disclosed publicly, its share price dropped, damaging investors.
If you wish to serve as lead plaintiff, you must move the Court no later than April 23, 2012. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. of The Rosen Law Firm, toll-free, at 866-767-3653, or via e-mail at pkim@rosenlegal.com. You may also visit the firm's website at http://www.rosenlegal.com.
The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation.
www.rosenlegal.com
To join the SAIC class action, visit the Rosen Law Firm's website at http://www.rosenlegal.com, or call Phillip Kim, Esq. or Jon Horne, toll-free, at 866-767-3653; you may also email or pkim@rosenlegal.com or jhorne@rosenlegal.com for information on the class action.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY CHOOSE TO DO NOTHING AT THIS POINT AND REMAIN AN ABSENT CLASS MEMBER.
The Complaint asserts violations of the federal securities laws against SAIC and its officers and directors for issuing false and misleading information to investors about the Company's true financial and business condition. Specifically, the Complaint alleges defendants misrepresented and/or failed to disclose that: (1) over a multi-year period, SAIC had overbilled New York City hundreds of millions of dollars on the CityTime project -- an initiative associated with the modernization of New York City's employee payroll system; (2) as a result of these overbilling practices, its operating results during the Class Period were materially misstated; (3) SAIC's overbilling practices subjected the Company to numerous undisclosed risks, including monetary risks and risks to the Company's reputation; (4) as a result of the foregoing, SAIC violated applicable accounting standards associated with the recognition of revenue and the disclosure and accounting for loss contingencies; and (5) the Company's financial statements were not fairly presented in conformity with generally accepted accounting principles and were materially false and misleading.
When the truth concerning SAIC's financial condition was disclosed publicly, its share price dropped, damaging investors.
If you wish to serve as lead plaintiff, you must move the Court no later than April 23, 2012. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. of The Rosen Law Firm, toll-free, at 866-767-3653, or via e-mail at pkim@rosenlegal.com. You may also visit the firm's website at http://www.rosenlegal.com.
The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation.
www.rosenlegal.com
Court: California can force inmates to submit DNA
A divided federal appeals court ruled Thursday that California law
enforcement officials can keep collecting DNA samples from people
arrested for felonies.
The 9th U.S. Circuit Court of Appeals said law enforcement’s interest in solving cold cases, identifying crime suspects and even exonerating the wrongly accused outweigh any privacy concerns raised by the forced DNA collections.
The 2-1 ruling came in response to a lawsuit filed by four Californians who were arrested on felony charges but never convicted.
The arrestees sought a court order barring collection of DNA from people who are arrested but not convicted, arguing the process is an unconstitutional search and seizure since some suspects will later be exonerated.
The DNA samples are obtained with a swab of the cheek and stored in the state’s DNA database, which contains 1.9 million profiles. Arrestees who are never charged with a felony can apply to have their samples expunged from the database.
The state Department of Justice said it has had roughly 20,000 “hits’’ connecting suspects with previous crimes since it began collecting the DNA profiles.
Judge Mylan Smith Jr., writing for the two-judge majority, said the useful law enforcement tool wasn’t any more intrusive than fingerprinting.
The 9th U.S. Circuit Court of Appeals said law enforcement’s interest in solving cold cases, identifying crime suspects and even exonerating the wrongly accused outweigh any privacy concerns raised by the forced DNA collections.
The 2-1 ruling came in response to a lawsuit filed by four Californians who were arrested on felony charges but never convicted.
The arrestees sought a court order barring collection of DNA from people who are arrested but not convicted, arguing the process is an unconstitutional search and seizure since some suspects will later be exonerated.
The DNA samples are obtained with a swab of the cheek and stored in the state’s DNA database, which contains 1.9 million profiles. Arrestees who are never charged with a felony can apply to have their samples expunged from the database.
The state Department of Justice said it has had roughly 20,000 “hits’’ connecting suspects with previous crimes since it began collecting the DNA profiles.
Judge Mylan Smith Jr., writing for the two-judge majority, said the useful law enforcement tool wasn’t any more intrusive than fingerprinting.
Appeals court tosses Armenian payments law
A federal appeals court on Thursday struck down a novel and
controversial California law that allowed descendants of 1.5 million
Armenians who perished in Turkey nearly a century ago to file claims
against life insurance companies accused of reneging on policies.
The move came when a specially convened 11-judge panel of the 9th Circuit Court of Appeals unanimously tossed out a class action lawsuit filed against Munich Re after two of its subsidiaries refused to pay claims.
The ruling, written by Judge Susan Graber, said the California law trampled on U.S. foreign policy — the exclusive jurisdiction of the federal government.
The California Legislature labeled the Armenian deaths as genocide, a term the Turkish government vehemently argued was wrongly applied during a time of civil unrest in the country.
The court noted the issue is so fraught with politics that President Obama studiously avoided using the word genocide during a commemorative speech in April 2010 noting the Armenian deaths.
The tortured legal saga began in 2000 when the California Legislature passed a law enabling Armenian heirs to file claims with insurance companies for policies sold around the turn of the 20th century. It gave the heirs until 2010 to file lawsuits over unpaid insurance benefits.
The move came when a specially convened 11-judge panel of the 9th Circuit Court of Appeals unanimously tossed out a class action lawsuit filed against Munich Re after two of its subsidiaries refused to pay claims.
The ruling, written by Judge Susan Graber, said the California law trampled on U.S. foreign policy — the exclusive jurisdiction of the federal government.
The California Legislature labeled the Armenian deaths as genocide, a term the Turkish government vehemently argued was wrongly applied during a time of civil unrest in the country.
The court noted the issue is so fraught with politics that President Obama studiously avoided using the word genocide during a commemorative speech in April 2010 noting the Armenian deaths.
The tortured legal saga began in 2000 when the California Legislature passed a law enabling Armenian heirs to file claims with insurance companies for policies sold around the turn of the 20th century. It gave the heirs until 2010 to file lawsuits over unpaid insurance benefits.
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