Adding insult to Bhopal's injury Jul 10, 2010
Under it, Union Carbide paid a final compensation of $470 million in exchange for a sovereign guarantee that not only would it be relieved of any further civil liability but its officials would be exempted from any criminal liability as well. The settlement has proved to be notoriously inadequate even after the Supreme Court partially corrected itself in 1991 by reviving the criminal proceedings. (India Times, India -- Community News)
Bhopal verdict not to impact India plans: Dow Jul 7, 2010
In 1989, the Centre - acting on behalf of the victims - negotiated a $470 million settlement and fully released UCC and Union Carbide India from any civil liability for the gas tragedy. My saved articles. (India Times, India -- Intl Business)
City Found Not Liable for Failing to Check Skills of Jet Ski User Killed in Crash Jul 2, 2010
A shore town's law requiring personal watercraft operators to complete an approved boat safety course isn't worth the paper it's printed on, at least where civil liability is concerned. That's the upshot of an appeals court ruling on Tuesday, upholding dismissal of a wrongful death action in behalf of a 16-year-old girl who perished when her Jet Ski hit an Ocean City, N.J., dock. (Law.com)
- Information security software seen as crucial for Taiwan Jun 28, 2010
However, they will spend more to tighten security of their information data systems, as the new act imposes heavy civil liability and criminal punishment on owners of enterprises that allow leakage of information, IDC said. This will benefit software, hardware and service suppliers, the report said. (Taipei Times, Taiwan -- Business)
Minimizing the Legal Risks of Using Online Social Networks Jun 26, 2010
Possible sanctions may include termination of employment, loss of professional license, potential significant civil liability (such as in the context of trade secret dissemination), or even criminal liability ... Conduct in violation of those provisions could result in termination of your user status or civil liability. (Law.com)
Toyota chief apologises for recalls Jun 24, 2010
Some shareholders voiced words of encouragement even as Toyota faces potential civil liability estimated at more than $10 billion from lawsuits in the United States. And unlike at rival Nissan Motor Co's annual general meeting the day before, no mention was made of executive compensation. (India Times)
Seizing Justice Jun 19, 2010
Under the terms of the agreement, the fund does not "supersede either individuals' rights or states' rights" to sue in court, leaving the company exposed to the civil liability version of double jeopardy. Page. (Investors Business Daily)
Banality rules at Barangaroo Jun 18, 2010
The High Court has in effect broadened the circumstances in which the Civil Liability Act's provisions can be relied on in compensation cases. That is one aspect of the case, which more broadly assumes that State Rail had a direct responsibility to the policemen who arrived after the derailment. (Sydney Morning Herald -- Opinion)
Details released on $20 billion BP escrow account Jun 17, 2010
The Oil Pollution Act (101 H.R.1465, P.L. 101-380 [1]) was passed by the 101st United States Congress to mitigate and prevent civil liability for future oil spills off the coast of the United States. The law stated that companies must have a plan to prevent spills that may occur and have a detailed containment and cleanup plan for oil spills. (Atlanta Journal-Constitution -- Opinion)
Experts want N-liability cap raised Jun 17, 2010
The Times of India The Times of IndiaIndiatimesWeb (by Google)VideoPhotos. TNN, Jun 17, 2010, 03. (India Times, India)
Council: Police review should slow Jun 16, 2010
While praising the review board's work, council's resolution said release of G-20 documents could expose the city to civil liability and hinder representation by the city's insurance company. It says the board should accept documents only as they're parceled out to plaintiffs in civil cases--or withhold its document requests entirely until the statute of limitations for G-20 claims has expired. (Pittsburgh Post-Gazette, PA)
Hong Kong closes loophole on free World Cup on TV Jun 14, 2010
Hong Kong's Office of the Telecommunications Authority issued a statement last week asking local buildings with satellite antenna to block out CCTV's World Cup coverage, warning that violators "may attract civil liability" for copyright infringement. Opposition lawmaker Albert Chan urged Hong Kong regulators to show leniency in enforcing a technicality. (The Star Online, Malaysia)
Attempt to dilute N-liability bill opposed Jun 11, 2010
A move by the government to delete a sub-clause in the civil liability for nuclear damage bill dealing with culpability of foreign suppliers in the event of a nuclear accident has run into fierce resistance. 00000000. (India Times, India)
Will Oil Spill Companies Be on Hook for Clean Water Crimes? Jun 10, 2010
is separate from other efforts to increase civil liability for spills. It would amend the section of the U.S. Code relating to when judges must impose restitution during sentencing. (Law.com)
Lawyer May Have Kept ID Theft Charges From Current Firm Jun 2, 2010
The document, according to the affidavit, said Orellana would promptly notify the Upper Saucon police of his decision not to pursue criminal charges and that Pogust Braslow would assume no criminal or civil liability. But Pogust told The Legal Intelligencer last week that the firm had "never heard anything about that" and that it "had no idea, no clue that anything was going on" until it was contacted by Upper Saucon police about a year ago, after which Wilkey was promptly fired. (Law.com)
Lungren: We Need Cyber Smokey May 22, 2010
He said most of the ideas will come from the private sector, but that the government needs to help them make those protections "part of the bottom line, perhaps as tax incentives, or a set of secutiry standards that if they are met and still breached, the company could have immunity against civil liability. "That would be a tremendous incentive. ""The challenge is, in some case, that if the threat is small, taht is we don't have good evidence that anyone is particualrly going after your buseinss... (Multichannel News)
Brandon safety program might be worth adopting in Madison May 14, 2010
The goals of apartment managers are reduced police calls, a more stable resident base, and reduced exposure to civil liability. In Brandon, one goal is to reduce police calls to apartments by up to 60 percent. (Madison Daily Leader, SD)
Oil-spill inquiry may yield criminal charges May 13, 2010
WASHINGTON - Federal investigators are likely to file criminal charges against at least one of the companies involved in the Gulf of Mexico spill, raising the prospects of significantly higher penalties than a current $75 million cap on civil liability, legal experts say. The inquiry by the Homeland Security and Interior Departments into how the spill occurred is still in its early stages and authorities have not confirmed whether a criminal investigation has been launched. (AZCentral -- News)
Moodys: SEC considering action against us May 9, 2010
Moody's relatively short six-week lag in disclosing that it got a Wells Notice stands in sharp contrast to Goldman Sachs Group Inc's failure to disclose that it had received a Wells Notice in September and was facing potential civil liability in the Abacus CDO case. Those facts came to light only after the SEC announced fraud charges last month. (MSNBC -- Business)
India moves to cap nuclear liability May 8, 2010
Opponents chanted shame, shame as minister of science and technology Prithviraj Chavan moved the Civil Liability for Nuclear Damage Bill in the lower house of parliament. They then left the chamber in protest. (Boston Globe)
Nuclear Liability Bill to be introduced May 7, 2010
NEW DELHI: The UPA Government is likely to introduce the controversial Civil Liability for Nuclear Damage Bill in the Lok Sabha on Friday, the last day of the current Budget session. The Bill is listed in the schedule of business for the Lower House for today. (India Times)
N-liability bill to be introduced in House today May 7, 2010
The government is likely to introduce the contentious Civil Liability for Nuclear Damage Bill, 2010 in Lok Sabha with an intent to send it to the Parliament Standing Committee on Friday the last day of the Budget session. 00000000. (India Times, India -- Community News)
Fallout from Bryant interview may linger May 1, 2010
That said, most states recognize that, at a certain level, deliberate misconduct creates potential civil liability. In Florida (as in most states), the bar is high. (MSNBC -- Sports)
High Court Rules on Attorney Fees and Lawyer Errors Apr 22, 2010
In reversing, Sotomayor said that when Congress intends to provide a mistake-of-law defense to civil liability it has done so more explicitly than appeared in this particular act ... If the decision had been in favor of Carlisle, he added, "It would have been the first time the Supreme Court had ever recognized a mistake-of-law defense to civil liability.". (Law.com)
U.S. official: Toyota to pay $16.4M fine Apr 20, 2010
This official added that an agreement does not release Toyota from any potential criminal liability or civil liability related to the sticky-pedal defect. The Transportation Department's National Highway Traffic Safety Administration sought the fine after it learned, through documents obtained from Toyota, that the automaker knew of sticky gas pedal problems since at least September last year, the agency said this month. (CNN -- World)
New Zealand Regulator Takes Proceedings Against Former Attorney General Apr 13, 2010
The regulator wants the court to declare civil liability, which is the first step toward investors making claims for compensation against the directors, it said. Graham and fellow directors , Bill Jeffries and Lawrence Bryant are named in the proceedings. (Bloomberg -- Australia & New Zealand)
Will they go the distance? Apr 10, 2010
But suddenly in the last one month or so, the two don't seem to be on the same page on a number of issues: Women's Bill, Nuclear Civil Liability Bill, Food Security Bill ... This was followed by her partymen virtually moth-balling the Nuclear Civil Liability Bill, which was threatening to become a political hot potato as it seemed to suck up more to American commercial interests than to heed Indian safety concerns ... Singh, who was not ready to blink in the standoff over the Indo-US nuclear... (India Times, India -- Community News)
India committed to N-liability law: US Apr 2, 2010
"In all of our conversations with the Indian government, they have consistently said that they remain committed to fulfilling this commitment under the civil nuclear deal, to pass civil liability legislation.". "I think the opposition in India has recently expressed its objections to aspects of that legislation, so it will be up to the government of India to figure out how to move forward on this," Blake said. (India Times, India)
Emotional Testimony, Packed House Underscore Deep Divide Over Legalizing Unpasteurized Milk Mar 19, 2010
As noted, the proposals also provide that farmers would be immune from civil liability for death or injury to an individual caused by the raw product, except in cases of willful or wanton acts or omissions ... Further, the department thinks the civil liability immunity offered by these bills aside from unintentionally acknowledging that these products are potentially hazardous, creates an immune class that is unprecedented for any food or beverage manufacturing sector in the United States. (Minnesota Farm Guide, MN)
Unpasteurized Milk Sales Pit Farm Bureau, Farmers Union Mar 19, 2010
- The granting of immunity from civil liability to raw milk producer/sellers is totally inappropriate, and runs counter to all requirements placed on the existing dairy processing industry. - Milk handled by processors is checked off for promotions; there s no procedure in the legislation for raw milk sold on farms to be covered by the dairy checkoff. (Minnesota Farm Guide, MN)
Nuclear liability bill not tabled in Lok Sabha Mar 15, 2010
"I have a request from the minister Prithviraj Chavan that government does not intend to introduce the Civil Liability for Nuclear Damage Bill on Monday," Lok Sabha Speaker Meira Kumar announced in the House. The bill was mentioned in the list of business for the day and the government's decision sparked protests the opposition. (India Times, India)
'Nuke liability bill must go through House panel first' Mar 15, 2010
BJP and Left parties have already indicated opposition to the Civil Liability for Nuclear Damage Bill that is key to operationalise the landmark Indo-US nuclear deal. Leader of Opposition in LS Sushma Swaraj and senior party MP Yashwant Sinha are slated to speak if the bill comes up in the lower House. (India Times, India)
Nuclear liability bill set to be introduced in Lok Sabha on March 15 Mar 14, 2010
The BJP and the Left parties have already indicated opposition to the Civil Liability for Nuclear Damage Bill that is key to operationalise the landmark Indo-US nuclear deal. The bill pegs the maximum amount of liability in case of each nuclear accident at Rs 300 crore to be paid by the operator of the nuclear plant. (India Times, India -- Community News)
Lehman Bankruptcy Report Points Way to Plaintiffs, Not Prison, Lawyers Say Mar 13, 2010
Civil liability, he said, is another matter. Im sure the plaintiffs bar was out celebrating last night with this report, Frenkel said. (Bloomberg -- US)
Senate panel kills 'castle doctrine' bill Mar 9, 2010
HB 854 stated that: "Any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, having committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily injury."Any occupant of a dwelling using physical force, including deadly... (Chatham Star Tribune, VA)
ATL nursing homes pay $14M settlement Feb 27, 2010
In November 2009, the United States, numerous states and Omnicare signed a $98 million settlement agreement that resolved Omnicare's civil liability under the False Claims Act for allegedly paying a kickback to Mariner and Sava. The government's complaint further alleged that in 2006, after the government issued subpoenas concerning the transaction, the individual defendants created backdated documents in a further attempt to hide the kickback. (Atlanta Business Chronicle, GA)
Stockton Fined $2.4M Water Violations Feb 11, 2010
The State Water Resources Control Board announced the civil liability assessment on Wednesday. The move will result in increased staffing levels at the treatment plant, resulting in more oversight and enhanced compliance with the city's National Pollutant Discharge Elimination System permit. (KCRA 3, CA)
Patrick Gillen: High court ruling gives citizens power to assess corporate speech Feb 3, 2010
com to criminal and civil liability if it urged voters to elect a candidate who supports the sanctity of life, religious liberty, and the natural family or to reject a candidate whose views were inimical to those fundamental values or inconsistent with our commitment to ordered liberty and the common good as seen in light of Catholic social teaching. The Supreme Court recognized that BCRAs combination of vague restrictions coupled with civil and criminal penalties allowed the FEC to function as... (The News-Press -- Opinion)
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Tony Blair's communications chief defends dossier Jan 13, 2010
Many were disappointed when it was announced that the inquiry had no power to apportion blame or establish criminal or civil liability. Blair has said many times since leaving office more than two years ago that he is confident his decisions were correct. (Florida Today)
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