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Feds appeal ruling in oil royalties case
Legal Business |
2009/03/30 09:41
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| The federal government on Monday asked a group of appeals court judges to overturn a ruling that could prevent the U.S. Interior Department from collecting billions in royalties on oil and natural gas leases. In January, a smaller three-judge panel of the 5th U.S. Circuit Court of Appeals upheld a lower court ruling that said the Interior Department could not collect royalties from eight deepwater leases held by Anadarko Petroleum Corp. in the Gulf of Mexico. The leases were obtained between 1996 and 2000 by Kerr-McGee Corp., which Anadarko later acquired. Government lawyers are now asking for an "en banc" review of the case, bringing it before the entire New Orleans-based 5th Circuit. A court spokesman said the circuit has 17 active judges. At issue is interpretation of a 1995 federal law designed to provide a break from royalties at a time when oil and natural gas prices were extremely low. The law waived all royalty payments until a specific amount of oil and gas was produced. The Interior Department has contended it had the authority to lift the royalty relief once prices reached a certain level. The law became particularly prickly as oil prices rose and oil companies began posting huge profits. |
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Florida Foreclosure Law Firm Helps Clients
Press Release |
2009/03/23 09:31
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The two-year-long meltdown in real estate values and sales has generated confusing options confronting property owners fearful of losing their homes as they fall behind in mortgage payments.
One well-known Tampa Bay law firm, which specializes in helping clients avoid foreclosure and stay in their homes, has recognized the growing "vogue" of mortgage modifications: the simple-sounding but complex process of working with lending institutions to decrease mortgage principals or interest rates, or extend the time for mortgage loan repayment, all of which decrease the financial burden on homeowners.
At its best, it is a good solution for some, says Shawn Yesner, managing partner in the firm of Yesner & Boss (www.YesnerBoss.com). At worst, it is a scam that can plunge desperate homeowners even deeper into the mortgage morass.
"Our goal for our clients is to make it possible for them to keep their homes with an affordable modification, or at least to reduce or eliminate their liability under their loans," said Yesner. "We don't want to add to their financial burdens, so we keep our rates low, much lower than fees demanded by 'foreclosure-rescue' scammers. Our work always includes legal services provided by a Florida-licensed attorney who specializes in foreclosure issues."
Yesner cautions that mortgage modifications are not a quick-fix for everyone. Many mortgages that are modified still go into default in a matter of months. Yet, the advantages for the property owner with a successful modification is being able to keep the home at an affordable monthly price. The incentive for the lender is the opportunity to turn a non-performing loan back into a good investment and sidestep foreclosure action in which the lender winds up owning a property it cannot sell while maintenance costs keep growing.
"So many people are desperate to save their homes they are vulnerable to scammers," said Christopher Boss, a partner in the firm Yesner & Boss. "Any time a company guarantees results, it should raise a huge red flag. And Florida law requires that homeowners be given certain disclosure documents. If they aren't provided, that should be a huge red flag." |
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Tribe Loses Battle over Land
Headline Legal News |
2009/03/19 11:01
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An Oklahoma Indian tribe is not entitled to jurisdictional discovery in its attempt to regain control of land the federal government used for a military base, the D.C. Circuit ruled.
The Cheyenne Arapaho Tribes of Oklahoma sued the United States to quiet title to land that President Chester Arthur had used for Fort Reno.
The Army stopped using Fort Reno in the 1930s, and the tribe claimed a reversionary interest. The two sides settled in 1965, and the government paid the tribe $15 million for the land.
The tribe sued to quiet title in 2004. The government argued that the settlement precluded any future quiet title actions, and that the 10-year statute of limitations had expired.
The district court dismissed, denying the tribe's motion to permit discovery of when the military stopped using Fort Reno. The court pointed to several times that the tribe should have known of government action that was adverse to its reversionary interests.
Judge Griffith upheld the decision.
"We hold that the district court did not abuse its discretion in denying jurisdictional discovery, given the absence of any specific indication from the Tribes regarding what facts additional discovery could produce that would affect the court's jurisdictional analysis." |
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Crack Down on Scalping for 2010 Olympics.
Topics in Legal News |
2009/03/19 11:00
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"Let the games begin!" but without ticket scalping, please, the Vancouver Organizing Committee for the 2010 Olympics says. The committee is cracking down on scalpers who claim to have "guaranteed" tickets to events despite a license agreement that specifically prohibits ticket scalping.
The committee claims that Shane Bourdage and his company Coast2Coast Tickets are illegally using Olympic trademarks to falsely advertise tickets to Olympic events at fees that "grossly exceed the face value of the tickets."
Scalped or resold tickets can be confiscated and invalidated, Olympic organizers say.
The Vancouver Organizing Committee - VANOC - claims that Bourdage is selling ducats through the Internet, and is not warning people about the "real and substantial risk that Bourdage and Coast2Coast will not be able to deliver tickets to their customers, and that any such tickets presented by their customers at 2010 Winter Games events will be cancelled, invalidated and seized by VANOC."
The only ticket resellers authorized to sell to Canadians are Jet Set Sports and Tickets.com, the complaint states. The committee says Bourdage has failed to stop advertising the tickets despite demands to stop.
The stringent anti-scalping rules are "intended to ensure the fair, worldwide distribution of tickets at reasonable cost," according to the complaint. |
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Minn. high court rejects Franken's Senate request
Headline Legal News |
2009/03/06 22:05
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The Minnesota Supreme Court on Friday blocked Democrat Al Franken's petition for an election certificate that would put him in the U.S. Senate without waiting for a lawsuit to run its course.
The decision means the seat will remain empty until the lawsuit and possible appeals in state court are complete. Republican Norm Coleman's lawsuit challenging Franken's recount lead is at the end of its sixth week, and both sides expect it to last at least a few more weeks.
After a state board certified recount results showed Franken 225 votes ahead, he sued to force Gov. Tim Pawlenty and Secretary of State Mark Ritchie to sign an election certificate. Franken argued that federal law stipulates each state will have two senators when the Senate convenes, and that law trumped a state law that blocks such certificates while lawsuits are pending. But the state Supreme Court disagreed. In their ruling Friday, the justices said states aren't required to issue such certificates by the date that Congress convenes. The justices wrote in their unsigned opinion that "if the Senate believes delay in seating the second Senator from Minnesota adversely affects the Senate, it has the authority to remedy the situation and needs no certificate of election from the Governor to do so." |
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