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Duke Energy will be in federal court for coal ash crimes
Legal News | 2015/05/15 15:33
As the nation's largest electricity company prepares to plead guilty to violating the federal Clean Water Act, Duke Energy has started delivering bottled water to people with tainted wells close to its North Carolina coal ash pits.

Duke has long denied its 32 dumps in the state have contaminated the drinking water of its neighbors, suggesting any worrying chemicals found in the wells is likely naturally occurring.

But recent state-mandated tests found that more than 150 residential wells tested near Duke's dumps have failed to meet state groundwater standards, and residents have been advised not to use their water for drinking or cooking.

Many of the results showed troublesome levels of toxic heavy metals like vanadium and hexavalent chromium — both of which can be contained in coal ash. And some of the residents have retained lawyers.

Duke spokeswoman Erin Culbert told The Associated Press that any homeowner who gets a state letter warning of a tainted well will get safe bottled water from Duke, if they request it.

While denying responsibly for the problem, Culbert said Duke simply wants to provide the homeowners "peace of mind."

Duke is scheduled to plead guilty Thursday to nine environmental crimes as part of a negotiated settlement with federal prosecutors requiring it to pay $102 million in fines and restitution. The proposed settlement over years of illegal pollution leaking from ash dumps at five of Duke's plants has been sealed, so it wasn't clear before the hearing whether people with contaminated well water will benefit.


Appeals court skeptical of fairness of trader's conviction
Legal Line News | 2015/05/15 15:33
An appeals court panel on Wednesday expressed doubts about the fairness of a prosecution that led to a prison sentence for a man convicted of defrauding a government bailout program.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals had plenty of questions for a prosecutor as it conducted oral arguments in an appeal by Jesse Litvak, a bond trader on the Stamford, Connecticut, trading floor at Jefferies & Co. Inc.

Litvak, who's from New York, was sentenced last year to two years in prison after a jury convicted him of securities fraud, defrauding the Troubled Asset Relief Program and making false statements to the federal government. He has not had to serve his sentence pending appeal.

The conviction made Litvak, 40, the first person convicted of a crime related to the program, which used bailout funds in the financial meltdown to boost the economy.


Court report raises conflict-of-interest concern in Ferguson
Court News | 2015/05/14 15:33
The lines separating government powers have been blurred among Ferguson's court staff, police and prosecutor, raising concerns about potential conflicts of interest, according to a report released Monday by Missouri's judiciary.

The state report examining Ferguson's municipal court system comes as a follow-up to a highly critical U.S. Justice Department report released earlier this year, which asserted that the city's police and courts had been used as a revenue-generating machine.

The Justice Department review was prompted by the fatal shooting last August of 18-year-old Michael Brown, who was black, by a white Ferguson police officer.After the federal review, the Missouri Supreme Court in March appointed appeals Judge Roy Richter to take over the Ferguson court and asked court administration experts to take a look at how things were working.

The new report summarizes the observations and recommendations of those unnamed experts, noting several potential conflicts of interest that caused concern.

Until very recently, the report said, court staff were required to report to the police chief. That structure "potentially compromises the separation our government is to have" between the judicial and executive branches, the report said.


Court affirms dad's rights in turkey baster conception
Law Firm News | 2015/04/23 16:29
The Virginia Court of Appeals has affirmed the parental rights of a man whose son was conceived by using a turkey baster.

A three-judge panel unanimously upheld Roanoke Circuit Judge Charles N. Dorsey's decision granting joint custody and visitation rights to Robert Preston Boardwine.

According to the court, Joyce Rosemary Bruce wanted to have a child she could raise on her own. Boardwine supplied the sperm in a plastic container. Bruce transferred it to a turkey baster, which she used to inseminate herself.

Bruce argued that Boardwine had no parental rights under the state's assisted conception law. But the appeals court said Tuesday that the law applies only to pregnancies resulting from the use of medical technology, and the use of a common kitchen implement at home doesn't qualify.


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