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Appeals court backs NYC's 'Taxi of Tomorrow' plan
Court and Trial |
2014/06/13 15:41
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A plan to remake the New York's yellow cab fleet by requiring owners to purchase Nissan minivans is legal, an appeals court ruled Tuesday.
The Appellate Division's ruling on the so-called Taxi of Tomorrow overturned a 2013 lower court decision that said New York City's Taxi and Limousine Commission had overstepped its authority by requiring taxi owners to buy a specific vehicle.
Writing for the four-judge panel, Judge David B. Saxe called the Taxi of Tomorrow a "legally appropriate response" to the Taxi and Limousine Commission's obligation to produce a modern, standardized fleet.
The city's fleet of yellow cabs has traditionally included a variety of car models modified to serve as cabs. The taxi commission solicited proposals for an exclusive cab design in 2009 and chose the Nissan NV-200 in 2011.
But the Greater New York Taxi Association, an owners' group, said the city was improperly forcing owners to buy a vehicle they didn't want.
Under the plan, cab owners will be required to replace most cabs they retire with the NV-200, which has a suggested retail price of $29,700. Supporters of the cab point to safety features and such amenities as a roomy back seat and a panoramic roof. |
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Fla. court asked to keep ex-FBI agent's conviction
Law Firm Legal News |
2014/06/13 15:36
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Florida prosecutors are asking an appeals court to reconsider its decision to toss the murder conviction and prison sentence for a former FBI agent in a mob-style killing linked to jailed Boston mobster James "Whitey" Bulger.
The Miami-Dade State Attorney's Office filed a motion Thursday in the case of ex-agent John Connolly. A panel of the 3rd District Court of Appeal last month ruled that Connolly's second-degree murder conviction was barred by the statute of limitations because a firearms enhancement was improperly applied.
Connolly is serving 40 years in the 1982 slaying of Miami gambling executive John Callahan. Although a hit man shot Callahan, testimony showed Connolly fed information to Bulger and others that led to his killing.
Prosecutors say the appeals decision was wrong and are seeking a rehearing. |
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Levin & Curlett, LLC - Baltimore Criminal Defense Lawyer Services
Law Firm Legal News |
2014/06/06 16:42
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Levin & Curlett, LLC was formed by former prosecutors. With extensive experience in all facets of criminal and civil litigation, Levin & Curlett LLC has the trial experience necessary to work effectively with clients to achieve their goals. They represent clients who are involved in criminal proceedings as targets, subjects, witnesses, recipients of grand jury subpoenas, or defendants.
Levin & Curlett LLC defends state and federal charges for all manner of non-white collar crimes, including felonies and misdemeanors. We have extensive experience in cases involving:
- Conspiracy
- Racketeering (RICO)
- Homicide
- Sex Crimes
- Assault
- Theft/Embezzlement
- Driving Under the Influence/Driving While Impaired
- Weapons Possession
- Narcotics Possession and Trafficking
- Cases Involving Juveniles
If you're in need of Baltimore Criminal Defense Lawyers, call the Levin Curlett, LLC today.
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Court: BP must pay Clean Water Act fines for spill
Recent Court Cases |
2014/06/06 16:39
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The owners of the blown-out Macondo well cannot avoid federal fines for the 2010 oil spill by blaming another company's failed equipment, a federal appeals court ruled Wednesday.
The oil came from a well owned by BP and Anadarko Petroleum Corp., so they are liable, the 5th U.S. Circuit Court of Appeals said. It upheld a 2012 ruling by U.S. District Judge Carl Barbier, who has scheduled a trial in January to help decide how much the oil giant owes in federal Clean Water Act penalties.
"We hope the court's decision will be one more step toward reaching a just conclusion for the American people," U.S. Justice Department spokesman Wyn Hornbuckle said in an email.
Transocean Ltd., which owned the Deepwater Horizon drilling rig and the blowout preventer, pleaded guilty last year to a misdemeanor Clean Water Act violation and agreed to pay a $1 billion fine.
Anadarko is reviewing Wednesday's ruling and its options, spokesman John Christiansen said in an email.
Loyola University law professor Blaine LeCesne said he doubts Anadarko will have to pay much, if anything, in Clean Water Act fines because its partnership gave BP complete control over how the well was drilled and run. In 2011, Anadarko agreed to pay BP $4 billion. BP said that payment would be part of its $20 billion fund to compensate people and businesses hurt by the spill. |
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Court: Company didn't induce patent infringement
Law Firm Legal News |
2014/06/03 14:49
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A unanimous Supreme Court ruled Monday that a company is not liable for inducing patent infringement if someone other than the company carries out some of the steps leading to infringement.
The justices unanimously ruled Monday that Internet content delivery company Limelight Networks Inc. did not infringe on the patented system for managing images and video owned by rival Akamai Technologies Inc.
Akamai claimed Limelight used some of its patented methods for speeding content delivery, and then illegally encouraged its customers to carry out the remaining steps. The U.S. Court of Appeals for the Federal Circuit agreed, but the Supreme Court reversed.
Justice Samuel Alito said all the steps for patent infringement must be performed by a single party. Since there was no direct infringement, Alito said there could be no inducement.
The case drew interest from tech giants including Google and Oracle, which have been sued frequently by so-called "patent trolls," companies that buy patents and force businesses to pay license fees or face costly litigation. They had urged the high court to overturn the Federal Circuit in order to limit the growing number of patent infringement lawsuits.
In another patent case Monday, the high court also ruled unanimously that a medical device company's patent on a heart-rate monitor used with exercise equipment was too ambiguous to pass muster. Biosig Instruments had sued competitor Nautilus Inc., for allegedly infringing its monitor's design. |
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