Friday, October 4, 2013
NC court dumps speedway's suit over $80M deal
A North Carolina court says it will not revive a lawsuit from one of the country's largest auto racing track operators which says local officials reneged on millions of dollars in tax breaks for a new drag strip.
A three-judge state Court of Appeals panel ruled Tuesday against Speedway Motorsports Inc. and Charlotte Motor Speedway, which sued Cabarrus County.
The companies had threatened to move the 135,000-seat speedway and build a new drag strip somewhere other than the Charlotte region unless they got the tax breaks. They say they decided to build the drag strip and upgrade the speedway after an oral agreement for $80 million in tax breaks.
The appeals court says there was no binding contract since nothing was put in writing until after the drag strip opened.
Tuesday, August 27, 2013
SC trial lawyer Ron Motley dies at age 68
Celebrated South Carolina lawyer Ron Motley has died at the age of 68, law partner Joe Rice confirmed Thursday.
No cause of death was given for the trial lawyer, and funeral arrangements have not been announced.
Motley served as lead counsel in lawsuits that ultimately yielded the largest civil settlement in U.S. history in which the tobacco industry agreed to reimburse states for smoking-related health care costs.
As part of the Ness Motley firm, he also sued on behalf of asbestos victims and the families of the Sept. 11 terrorist attack victims.
Motley's practice underwent a transformation in 2003 when he and Rice formed the Motley Rice firm. The Mount Pleasant-based practice is one of the largest plaintiffs' firms in the country. The name change was partly because 13 attorneys and about 40 support staff left to form a new firm, Richardson Patrick Westbrook & Brinkman, in 2002.
The family of deceased South Carolina Supreme Court Chief Justice Julius "Bubba" Ness also sued the firm, saying the Ness portion of the name should be dropped since the practice was no longer connected to the family. Ness' son-in-law, Terry Richardson, was among the lawyers who left to form the new firm.
On Thursday, Richardson remembered Motley _ with whom he practiced for nearly 30 years _ as a tenacious attorney who was a major figure in a time when plaintiffs' law experienced a renaissance.
No cause of death was given for the trial lawyer, and funeral arrangements have not been announced.
Motley served as lead counsel in lawsuits that ultimately yielded the largest civil settlement in U.S. history in which the tobacco industry agreed to reimburse states for smoking-related health care costs.
As part of the Ness Motley firm, he also sued on behalf of asbestos victims and the families of the Sept. 11 terrorist attack victims.
Motley's practice underwent a transformation in 2003 when he and Rice formed the Motley Rice firm. The Mount Pleasant-based practice is one of the largest plaintiffs' firms in the country. The name change was partly because 13 attorneys and about 40 support staff left to form a new firm, Richardson Patrick Westbrook & Brinkman, in 2002.
The family of deceased South Carolina Supreme Court Chief Justice Julius "Bubba" Ness also sued the firm, saying the Ness portion of the name should be dropped since the practice was no longer connected to the family. Ness' son-in-law, Terry Richardson, was among the lawyers who left to form the new firm.
On Thursday, Richardson remembered Motley _ with whom he practiced for nearly 30 years _ as a tenacious attorney who was a major figure in a time when plaintiffs' law experienced a renaissance.
Monday, July 29, 2013
Court bars tax preparer who inflated deductions
The U.S. Justice Department says a Charleston man prepared hundreds of tax returns that cheated the government out of $55 million.
A federal judge on Tuesday permanently barred Stacy Middleton from preparing federal tax returns for others.
Middleton had been preparing tax returns for more than a decade. Prosecutors say he and another man prepared returns that understated their clients' income tax liabilities and overstated deductions and credits.
From 2008 to 2011, authorities say the men prepared about 17,000 federal returns. Of the records examined by the Internal Revenue Service, more than 90 percent needed adjustments.
In all, the IRS estimates that the U.S. Treasury lost as much as $55 million in revenue.
A federal judge on Tuesday permanently barred Stacy Middleton from preparing federal tax returns for others.
Middleton had been preparing tax returns for more than a decade. Prosecutors say he and another man prepared returns that understated their clients' income tax liabilities and overstated deductions and credits.
From 2008 to 2011, authorities say the men prepared about 17,000 federal returns. Of the records examined by the Internal Revenue Service, more than 90 percent needed adjustments.
In all, the IRS estimates that the U.S. Treasury lost as much as $55 million in revenue.
Arizona high court to hear school funding case
The Arizona Supreme Court on Tuesday hears arguments in an appeal of a lower court's ruling that requires the state Legislature to give schools an annual funding increase even in lean years to account for inflation.
The high court is reviewing a Court of Appeals decision. It said a voter-approved law requires the Legislature to provide an annual inflation adjustment for state funding to public schools.
School districts and education groups sued after the Legislature in 2010 instead only increased schools' transportation funding, eliminating a $61 million increase in general school spending.
The Supreme Court says it is considering is whether the Voter Protection Act allows voters to require the legislature to increase funding for schools.
The Voter Protection Act severely restricts the Legislature's to change voter-approved laws.
The high court is reviewing a Court of Appeals decision. It said a voter-approved law requires the Legislature to provide an annual inflation adjustment for state funding to public schools.
School districts and education groups sued after the Legislature in 2010 instead only increased schools' transportation funding, eliminating a $61 million increase in general school spending.
The Supreme Court says it is considering is whether the Voter Protection Act allows voters to require the legislature to increase funding for schools.
The Voter Protection Act severely restricts the Legislature's to change voter-approved laws.
Texas, Wyoming lose court challenge against EPA
A federal appeals court sided with the U.S. Environmental Protection Agency on Friday in an ongoing dispute with Texas and Wyoming over reducing greenhouse gas emissions.
The ruling by the U.S. Court of Appeals for the District of Columbia amounted to a defense of the federal Clean Air Act that has faced repeated challenges from Texas, which leads the nation in greenhouse gas emissions.
Federal environmental regulators have required states to include greenhouse gases when issuing pollution permits since 2011. The EPA took over Texas' permitting program when the state refused to comply, but Texas fought to retain control.
State environmental regulators in Texas called the decision disappointing. Bryan Shaw, chairman of the Texas Commission on Environmental Quality, criticized the EPA for imposing what he called restrictive timelines on states to meet new requirements.
"In light of all of this, it is remarkable that the D.C. Circuit has repeatedly found no harm to the states with respect to EPA's greenhouse gas rules," Shaw said.
The EPA released a statement saying the agency was pleased that the permitting structure was left in place.
The ruling by the U.S. Court of Appeals for the District of Columbia amounted to a defense of the federal Clean Air Act that has faced repeated challenges from Texas, which leads the nation in greenhouse gas emissions.
Federal environmental regulators have required states to include greenhouse gases when issuing pollution permits since 2011. The EPA took over Texas' permitting program when the state refused to comply, but Texas fought to retain control.
State environmental regulators in Texas called the decision disappointing. Bryan Shaw, chairman of the Texas Commission on Environmental Quality, criticized the EPA for imposing what he called restrictive timelines on states to meet new requirements.
"In light of all of this, it is remarkable that the D.C. Circuit has repeatedly found no harm to the states with respect to EPA's greenhouse gas rules," Shaw said.
The EPA released a statement saying the agency was pleased that the permitting structure was left in place.
Tuesday, June 25, 2013
Houston, Texas - Wrongful Death Law Firm
In Texas, if you are the surviving family of the victim who has been involved in a automobile accident, drowning, product defects, or structure collapses, you can have the right to a wrongful-death case. A wrongful death case results in the death due to negligence or other dangerous conditions. However, there are some restrictions as to who can file for a wrongful death case. For instance, a sibling is not able to bring a case for the death of their sibling if it occurred while they were there. If you want to find out if you have a wrongful death claim, contact Houston Texas personal injury lawyer today.
Thursday, May 23, 2013
Appeals court allows capital retrial of Wolfe
A federal appeals court will allow a capital murder case to proceed against an accused drug kingpin from northern Virginia.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.
In a 2-1 ruling, the 4th U.S. Circuit Court of Appeals in Richmond overturned a federal judge in Norfolk who had ordered a halt to the prosecution of Justin Wolfe and his immediate release.
That judge said misconduct by prosecutors in Prince William County made it impossible for Wolfe to get a fair trial.
But a majority on the appellate court disagreed. The judges ruled that a new trial can be done fairly. A dissenting judge said the misconduct was so bad that freeing Wolfe was the only proper outcome.
Wolfe was sent to death row in 2002 for a drug-related murder, but his original conviction and sentence were overturned.
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