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Court rules for environmentalists in water fight
Law Firm Press |
2014/04/17 14:26
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An appeals court said Wednesday that federal officials should have consulted wildlife agencies about potential harm to a tiny, threatened fish before issuing contracts for water from the Sacramento-San Joaquin Delta.
An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the U.S. Bureau of Reclamation violated the Endangered Species Act when it failed to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service in renewing 41 contracts a decade ago. The appeals court sent the case back to a trial judge for further proceedings.
The ruling arises from one of several lawsuits filed by the Natural Resources Defense Council and other environmentalists seeking to protect the Delta smelt. The ruling won't affect water flows because protections for the smelt were kept in place during the lawsuit.
"This about how we are going to manage the water in the future," said Douglas Obegi, a lawyer with the Natural Resources Defense Council.
Water-rights holders and government lawyers argued that consultation wasn't necessary because the U.S. Bureau of Reclamation was required to renew the contracts and had no discretion over terms of the agreement that would control water levels in the Delta. |
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SC Supreme Court hears appeal in fatal dog attack
Law Firm Press |
2014/04/15 14:25
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Prosecutors want South Carolina's highest court to reinstate the conviction of a Dillon County man whose dogs attacked and killed a 10-year-old boy in 2006.
The state Supreme Court on Tuesday hears an appeal in the case of Bentley Collins. In 2012, the state Court of Appeals overturned Collins' involuntary manslaughter conviction and prison sentence, ruling a judge shouldn't have allowed prosecutors to show pictures of the boy taken before his autopsy.
The photographs showed the extent of the boy's injuries, including how the dogs mauled him so badly his bones were exposed and his ears and nose were eaten.
The judges said the pathologist testified to the injuries, so the photographs did nothing more than rile the jury's emotions.
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Salvatore Scanio Attorney
Law Firm Press |
2014/04/10 15:47
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Representative Cases
- Successfully represented PNC Bank in obtaining summary judgment dismissing $5m case arising from wire and account activity related to distressed real estate investment scheme: Ivanhoe Investment Partners, LP, et al, v. PNC Bank, N.A., et al. (Md. 2014)
- Phillips Realty Management, LLC v. PNC Bank, N.A. (D. Md. 2013): represented PNC in obtaining early dismissal of $1.5m UCC check fraud suit
- Represented Northern Trust in suit to recover $16 million loan loss: Northern Trust Bank, FSB v. Wells Fargo Bank, N.A. (E.D. Va. 2011)
- Defended Travelers/St. Paul in complex $18 million loan loss investigations and multidistrict coverage litigation: United Bankshares, Inc., et al. v. St. Paul Mercury Ins. Co., et al. (S.D. W.Va.); St. Paul Mercury Ins. Co. v. United Bank (E.D. Va. 2010)
- Represented client in action against Big-4 accounting firms for malpractice in broker-dealer/asset management firm audits: Vigilant Ins. Co. v. PricewaterhouseCoopers, LLP (Conn. 2011) and Vigilant Ins. Co. v. Deloitte & Touche, LLP (Conn. 2010)
- Represented South African clients in action against U.S. technology company arising from data compression software claims: Hentiq 3343 (Pty) Ltd., et al. v. Qbit, LLC, et al. (D.C. 2009)
- Represented client in UCC warranty action for forged indorsements: National Union Fire Ins. Co. v. Kopernik Fed. Bank, FSB (D. Md. 2009)
- Represented client in $6 million action involving fraudulent account opening and drafts: Nestlé USA, Inc. v. Wachovia Bank, N.A. (Pa. 2007)
- Represented client in UCC warranty claims involving unauthorized indorsements against multiple depositaries
- Represented client in suit against bank and conspirators involving unauthorized international wire transfers: Zhang v. NationsBank, et al. (D.D.C. 2007)
- Represented client in UCC action arising from fraudulent account opening: Travelers Cas. & Surety Co. v. Bank of America, N.A. (E.D. Mo. 2007)
- Represented client in actions involving fraudulent account opening, corporate-payee checks, and unauthorized ACH and ATM deposits: National Union Fire Ins. Co. v. Wells Fargo Bank, N.A. (C.D. Cal. 2005)
- Represented a large specialized lender in connection with federal and state oversight relating to lending practices and its relationships with insured financial institutions
- Represented bank through trial and appeals in Winstar-related breach of contract suit for lost profits upon disallowance of $30 million of regulatory capital: Citizens Financial Services, FSB v. United States (Fed. Cl. 2005)
- Represented AIG in suit against depositary/drawee on altered checks: National Union Fire Ins. Co. v. SAC Fed. Credit Union, et al. (D. Neb. 2003)
http://leadferret.com/directory/person/salvatore-scanio/10556963
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Court rejects early appeal of surveillance ruling
Law Firm Press |
2014/04/08 11:41
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The Supreme Court has declined an early look at a constitutional challenge to the National Security Agency's bulk collection of millions of Americans' telephone records.
Conservative lawyer Larry Klayman persuaded a federal judge in December to rule that the agency's activities likely violate the Constitution's ban on unreasonable searches. The justices on Monday rejected Klayman's unusual request to bypass the traditional appeals process and hear the case immediately.
Klayman says the case is too important to wait for the U.S. Court of Appeals for the D.C. Circuit to reach a decision. The district court judge granted an injunction against the NSA, but put it on hold pending a government appeal.
The Obama administration has defended the NSA program as a crucial tool against terrorism. |
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