tagged w/ Damages
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A strong earthquake with a preliminary magnitude of 6.4 jolted northeast Japan on Sunday, public broadcaster NHK said. The quake, at 3:54 a.m. local time, was also felt in Tokyo.
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..There were no immediate reports of injuries or damage and no tsunami warning was issued. The quake was in the same region struck by March's massive temblor and tsunami, according to the U.S. Geological Survey. It struck in the Pacific Ocean, about 11 miles east-southeast of Iwaki on Honshu Island. Its depth was 27 miles.
The epicenter was 114 miles northeast of Tokyo, the USGS said.
Tokyo Electric said there were no abnormalities at the Fukushima Dai-ichi or Daini nuclear power plants following the quake.
About 23,000 people died or were left missing across wide swaths of Japan's northeast coastline after the March 11 earthquake and tsunami. Another 80,000 have been forced to evacuate their homes because of the radiation threat from the Fukushima Dai-ichi nuclear plant.
The Associated Press and Reuters contributed to this report.A strong earthquake with a preliminary magnitude of 6.4 jolted northeast Japan on... more
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Does $75 trillion even exist? The thirteen record companies that are suing file-sharing company Lime Wire for copyright infringement certainly thought so. When they won a summary judgment ruling last May they demanded damages that could reach this mind-boggling amount, which is more than five times the national debt.
Manhattan federal district court judge Kimba Wood, however, saw things differently. She labeled the record companies' damages request "absurd" and contrary to copyright laws in a 14-page opinion.
The record companies, which had demanded damages ranging from $400 billion to $75 trillion, had argued that Section 504(c)(1) of the Copyright Act provided for damages for each instance of infringement where two or more parties were liable. For a popular site like Lime Wire, which had thousands of users and millions of downloads, Wood held that the damage award would be staggering under this interpretation. "If plaintiffs were able to pursue a statutory damage theory predicated on the number of direct infringers per work, defendants' damages could reach into the trillions," she wrote. "As defendants note, plaintiffs are suggesting an award that is 'more money than the entire music recording industry has made since Edison's invention of the phonograph in 1877.'"
While Wood conceded that the question of statutory interpretation was "an especially close question," she concluded that damages should be limited to one damage award per work.
"We were pleased that the judge followed both the law and the logic in reaching the conclusion that she did," said Lime Wire's attorney, Joseph Baio of Willkie Farr & Gallagher. "As the judge said in her opinion, when the copyright law was initiated, legislatures couldn't possibly conceive of what the world would become with the internet. As such, you couldn't use legislative history. Instead, the overarching issue is reasonableness in order to avoid absurd and possibly unconstitutional outcome." Baio, who is scheduled to represent Lime Wire when the damages trial begins on May 2, joked that the money that the record companies sought from his client would be better spent on paying for health care or wiping out the national debt.
Glenn Pomerantz of Munger, Tolles & Olson, who represented 13 record company plaintiffs, did not return requests for comment.
http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202486102650&Manhattan_Federal_Judge_Kimba_Wood_Calls_Record_Companies_Request_for__Trillion_in_Damages_Absurd_in_Lime_Wire_Copyright_CaseDoes $75 trillion even exist? The thirteen record companies that are suing... more
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With more cameras on the ground, the world is getting a closer look at the extent of the damage from the earthquake that hit Japan. Ben Tracy reports on the devastation less than 48 hours since the disaster struck.With more cameras on the ground, the world is getting a closer look at the extent of... more
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The EU's highest court may classify honey containing traces of genetically modified material as "food produced" from modified plants. Such a ruling may enable beekeepers with hives close to GM crops to seek damages.
Beekeepers with hives close to fields of Monsanto genetically modified maize can't sell their honey in the European Union without regulatory approval, an adviser to the European Court of Justice has said.
The presence in honey "even of a minute quantity of pollen" from the maize is reason enough to restrict its sale, Advocate General Yves Bot told the court last week.
Damage claim
"Food containing material from a genetically modified plant, whether that material is included intentionally or not, must always be regarded as 'food produced' from modified plants," said Bot. Acting as an independent adviser to the court, he was tasked with suggesting a ruling, based on previous EU decisions. If the EU tribunal follows Bot's advice, which it is expected to do, the ruling could have consequences across the bloc.
This would be a huge success for "anyone wanting to prevent food and animal feed from being more and more contaminated with genetically modified material," said Achim Willand, a lawyer representing food producers. "Beekeepers are especially susceptible because bees collect the pollen of GM plants within a radius of three to five kilometers," he told Deutsche Welle.
Monsanto's genetically modified corn type MON 810 has not been authorized for sale on the European food market. If new regulations are established, making it impossible for beekeepers to sell their product because it has been contaminated by pollen from MON 810 crops, the beekeepers may be able to claim damages from Monsanto.
Zero tolerance policy
"Yves Bot didn't use the word, but the opinion basically translates into a zero tolerance policy," said Thomas Radetzki, an advocate for German beekeepers against genetic engineering in agriculture. "It would mean that any produce with even the slightest trace of genetically modified crop would become a GM food product, with all the consequences."
cont.The EU's highest court may classify honey containing traces of genetically... more
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Here’s when you know that pipsqueak child actor has become an autonomous, ego-driven movie star: when they issue their first lawsuit. Twilight tough guy Taylor Lautner has issued a lawsuit, citing emotional distress, because his cool new trailer never showed up to the set of Abduction, his latest acting gig.
http://www.moviesreviews2010.com/taylor-lautner-sues-for-trailer/Here’s when you know that pipsqueak child actor has become an autonomous,... more
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The widow of Kill Bill actor David Carradine is seeking damages from the French film company behind his last movie, saying it failed to protect him.
Carradine, 72, was found in a Bangkok hotel room last June, while filming Stretch, having died from asphyxiation.
In legal papers, Anne Carradine says an assistant employed to help him around the city went for dinner without him because he was not in his hotel room.
A representative for the company, MS2 SA, was not available for comment.
Mrs Carradine claims in the papers, filed in Los Angeles, that the assistant and other members of the film crew left for dinner without her husband, who she says had been in the city for three days.
http://news.bbc.co.uk/1/hi/entertainment_and_arts/10234643.stmThe widow of Kill Bill actor David Carradine is seeking damages from the French film... more
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Today bp stocks plummeted 15% and all the attempts to cover the oil spill and fix the damage have failed. The company is going down for sure. there are so many problems coming to bp including criminal charges and the fines from the clear water act will amount over 10billion dollars. Watch this video and see how Rachel Maddow extensively explain the damages of the oil spill including all the fines that bp is liable for. She also explain the negligence of bp and the role that the government is playing in the whole catastrophe.
Thanks,
BravaToday bp stocks plummeted 15% and all the attempts to cover the oil spill and fix the... more
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A federal court jury has ordered the German conglomerate Bayer CropScience to pay $1.5 million to farmers in Arkansas and Mississippi whose rice seed was contaminated with a genetically altered strain.
Friday's verdict was the second against Bayer CropScience for losses sustained by farmers when an experimental variety of rice that the company was testing infiltrated crops.
A jury awarded about $2 million to two Missouri farmers in December, and three additional test cases are scheduled for this year involving farmers from Louisiana and Texas as well as a rice exporter. No punitive damages have been awarded in any of the verdicts.
About 6,000 rice producers have filed claims against Bayer since the U.S. Department of Agriculture announced in August 2006 that trace amounts of the genetically modified Liberty Link rice were found in U.S. long-grain rice stocks, according to Don Downing, lead attorney for the plaintiffs in the first two cases.
Bayer and Louisiana State University had been testing genetically modified rice, bred to resist a Bayer brand of herbicide, at a school-run facility in Crowley, La.
Though the USDA said at the time of the crop contamination that the rice variety posed no health or environmental risk, Japan and the European Union moved to ban U.S. rice, leading to a plunge in rice prices and a drop in U.S. rice exports.
Downing said Bayer's negligence was directly responsible for the loss of the European market.A federal court jury has ordered the German conglomerate Bayer CropScience to pay $1.5... more
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;segmentUtilities
Delay, Deny and Hope That I Die. Sounds a promising title for a piece on the despicable scandal that is the U.S. Dept of Veterans Affairs (DVA). “Two wars and a recession have significantly increased the claims handled by the U.S. Dept. of Veteran's Affairs, slowing the large bureaucracy and frustrating many veterans,” reads the teaser. But watching the 60 Minutes segment, it looks like the piece got shut down, carefully crafted not to either name names or point to systemic failures other than vague references to culture and claims and some wars that had begun somehow.
If 60 Minutes looks like it lost its punch, not to mention rigorous fact checking, it’s because it has. What could have been a blockbuster was reduced to a limited hangout. The DVA was created and planned to fail. Does anyone really think you can wage war and pay for the damages?
The target of the piece, the DVA, is worthy of many hits, but 60 Mintues seems to have gotten into the protection racket. The military-industrial complex is safe and sound, but veterans are still screwed.;segmentUtilities
Delay, Deny and Hope That I Die. Sounds a promising title for a... more
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The class action is the ability for a group of citizens to sue a company or a public office when they feel they have suffered damages because of a certain behavior. Italy is virtually the only civilized country that has never introduced this possibility, probably because it's an exaggeration to say that ours is a civilized country. The previous center-left government was to introduce the law, but then didn't.The class action is the ability for a group of citizens to sue a company or a public... more
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Tens of thousands of nuclear workers are seriously ill or dying from their exposure to radioactive and hazardous materials -- and they are not being compensated for their illnesses despite promises from the federal government.Tens of thousands of nuclear workers are seriously ill or dying from their exposure to... more
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S3th
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"Nurse Jackie" is filming around Washington St & Gansevoort St, NYC.
"The Adjustment Bureau" (starring Matt Damon) is filming at the Javits Center, 644 W 34th, NYC. They will be at this location tomorrow too.
There are signs up for "White Collar" on Leonard between Broadway and Church, NYC, 9 am -11 pm.
"How To Make It In America" is filming around the Westside Highway and 52nd St.
"Damages" permit signs were spotted on Center Blvd in Long Island City.
"Gossip Girl" is filming on Norfolk St between Houston and Stanton in NYC.
"The Beaver" (starring Mel Gibson) is filming in the Veteran’s Memorial Park, Harrison, NY.
See the full list of filming locations for today at the link above!"Nurse Jackie" is filming around Washington St & Gansevoort St, NYC.... more
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olv
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On Thursday July 30th, a rare severe weather outbreak unfolded across the state of Mississippi, with widespread reports of damaging winds and isolated tornadoes.
It was not the fact that there was widespread damaging winds, that made this an rare severe weather event across the state.On Thursday July 30th, a rare severe weather outbreak unfolded across the state of... more
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"Field Museum officials rushed to work before dawn Friday to frantically remove nearly 200 historical artifacts from a storage room, where a leaking roof had caused many of the objects to get wet, said Lance Grande, a senior vice president of the museum who oversees collections and research.
The items, including masks, textiles and baskets, were in a large third-floor storage room, which houses 25,000 artifacts from around the world.
At about 5 a.m. Friday, an alarm alerted museum staff to a leak in the roof, apparently from a broken drainage pipe, Grande said.
Museum officials discovered a wet patch—nearly 2 feet square—in the storage unit's ceiling that dripped water onto shelves.
Only three of the wet objects were damaged, said Grande, although he could not specify which three.
He said that the museum's staff would be able to restore them within a week, and that the broken drainage pipe and leaking ceiling would be repaired Tuesday.""Field Museum officials rushed to work before dawn Friday to frantically remove... more
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"The earthquake in Abruzzo did not spare the region’s artistic patrimony, though government officials said Monday that it was too soon to determine the extent of the damage to historical buildings or works of art.
In L’Aquila, the regional capital, the earthquake caused “significant damage to monuments,” said Giuseppe Proietti, secretary general of the Italian Culture Ministry. The rear part of the apse of the Romanesque basilica of Santa Maria di Collemaggio, much of which was restored in the 20th century, collapsed and cupolas in at least two churches in the historic center had cracked open.
The third floor of the 16th-century castle that houses the National Museum of Abruzzo was also affected by the quake, though officials have not been able to verify the damage to the art collection there. The news agency ANSA reported that the Porta Napoli, built in 1548 in honor of the Holy Roman Emperor Charles V, was destroyed in the quake.
“The situation is very serious,” but findings are at a preliminary stage, Mr. Proietti said. He added that only after firefighters and civil protection teams had concluded their rescue efforts and search for survivors would the state’s art officials be allowed to enter into the rubble-strewn cities to calculate the material losses to Abruzzo’s cultural heritage.""The earthquake in Abruzzo did not spare the region’s artistic patrimony,... more
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A ruling at a court in Warsaw has awarded £350,000 in damages to the families of twin girls who were mistakenly swapped as babies.A ruling at a court in Warsaw has awarded £350,000 in damages to the families of... more
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ClareW
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David Williams, a convicted paedophile is claiming damages because his prison cell doesn't have a toilet.David Williams, a convicted paedophile is claiming damages because his prison cell... more
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ClareW
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Matt Lucas and David Walliams have received libel damages. There were claims that the comedians'
show, Little Britain USA, offended gay groups.
The pair have received an apology from Express Newspapers.Matt Lucas and David Walliams have received libel damages. There were claims that the... more
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ClareW
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4 years ago
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Josh Hartnett has won damages of £20,000. It was alleged by the Daily Mail that the actor committed "sexual dalliance" in a public library of a Soho Hotel.
Hartnett's lawyer claimed the allegations were completely false and Hartnett is to donate the money to charity.Josh Hartnett has won damages of £20,000. It was alleged by the Daily Mail that... more
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ClareW
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