Sunday, May 26, 2019

Court: NFL's Bucs not entitled to damages from BP spill

A federal appeals court has ruled that the NFL's Tampa Bay Buccaneers is not entitled to damages from BP for the 2010 Deepwater Horizon oil spill. At issue were the accounting practices the team used to argue that the 2010 spill caused the team's revenues to fall. The Bucs had sought $19.5 million in damages. On Friday, the 5th U.S. Circuit Court of Appeals upheld a district court's decision against the team. The court found that the Bucs' revenue in May-June 2010 was not significantly lower than its revenue during that same span a year later. In order to qualify for damages, it had needed to show that its revenues rebounded by at least 10% in 2011. The team's stadium is about 360 miles (580 kilometers) southeast of the site of the spill.

Utah judge suspended for making anti-Trump comments

A longtime Utah judge has been suspended without pay for six months after making critical comments online and in court about President Donald Trump, including a post bashing his “inability to govern and political incompetence.” Judge Michael Kwan’s posts on Facebook and LinkedIn in 2016-2017 violated the judicial code of conduct and diminished “the reputation of our entire judiciary,” wrote Utah State Supreme Court Justice John A. Pearce in an opinion posted Wednesday. Kwan’s Facebook account was private but could have been shared by friends, Pearce wrote. “Judge Kwan’s behavior denigrates his reputation as an impartial, independent, dignified, and courteous jurist who takes no advantage of the office in which he serves,” Pearce said. Kwan has been a justice court judge in the Salt Lake City suburb of Taylorsville since 1998. He deals with misdemeanor cases, violations of ordinances and small claims. He was first appointed by elected city officials to a six-year term and was retained in the position by voters. Kwan argued the suspension was inappropriate and an unlawful attempt to regulate his constitutionally protected speech, Pearce wrote in the opinion.

Tuesday, May 7, 2019

Trump, GOP states ask appeals court to kill ‘Obamacare’

Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured. Congress rendered the Affordable Care Act completely unconstitutional in 2017 by eliminating an unpopular tax penalty for not having insurance, the administration and GOP states told the court. The “Obamacare” opponents hope to persuade the 5th U.S. Circuit Court of Appeals in New Orleans to uphold U.S. District Court Judge Reed O’Connor’s ruling late last year striking down the law. If the ruling is allowed to stand, more than 20 million Americans would be at risk of losing their health insurance, re-igniting a winning political issue for Democrats heading into the 2020 elections. President Donald Trump, who never produced a health insurance plan to replace “Obamacare,” is now promising one after the elections. The Trump administration acknowledged it had changed positions in the case. Early on, the administration argued that only certain key parts of the ACA, such as protections for people with pre-existing medical conditions, should be invalidated. But it said other important provisions such as Medicaid expansion, subsidies for premiums and health insurance markets could continue to stand. Wednesday, the administration said it had reconsidered in light of O’Connor’s ruling. “The remaining provisions of the ACA should not be allowed to remain in effect — again, even if the government might support some individual positions as a policy matter,” the administration wrote in its court filing. The Justice Department’s legal brief also seemed to be trying to carve out some exceptions. For example, the administration said the ACA’s anti-fraud provisions should remain in effect.