Saturday, April 6, 2013

Judge rejects BP bid to block Gulf spill payouts

BP's request to block settlement payouts associated with the 2010 Gulf of Mexico oil spill was rejected Friday by a federal judge.?BP estimated a year ago that it would spend roughly $7.8 billion to resolve tens of thousands of claims by businesses and individuals covered by the settlement.?

By Michael Kunzelman,?Associated Press / April 5, 2013

The Deepwater Horizon oil rig burns in the Gulf of Mexico after an explosion in April 2010.

Gerald Herbert/AP/File

Enlarge

A federal judge on Friday rejected BP's request to block what could be billions of dollars in settlement payouts to businesses that claim the company's 2010 oil spill in the Gulf of Mexico cost them money.

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Before the ruling, U.S. District Judge Carl Barbier already had upheld court-appointed claims administrator Patrick Juneau's interpretation of settlement terms governing payments to businesses affected by the spill. Barbier said he saw no reason to change his March 5 ruling on the same matter and issue a preliminary injunction that would block Juneau from making payments to businesses.

Barbier also on Friday dismissed a separate lawsuit that BP filed against Juneau, who had argued he was entitled to immunity from the suit.

BP argued that Juneau made decisions in January that expose the company to fictitious losses that were never contemplated in the settlement.

"We think it rewrites the contract. We think it rewards people who have no losses," BP attorney Rick Godfrey said.

Private plaintiffs' attorneys who brokered last year's deal with BP say the London-based oil giant's allegations are baseless and self-serving. Steve Herman, one of the lead plaintiffs' attorneys on the case, said BP's request was merely a legal gambit designed to clear another path for an appeals court to review the matter.

Rick Stanley, Juneau's lawyer, said his client has a duty to follow the judge's orders and "move this (settlement) process forward."

"He did not participate in the negotiation of it. He really has no position about the wisdom of the settlement agreement or how it came to be. He just wants to do his job as claims administrator," Stanley said.

Barbier scheduled Friday's hearing before BP appealed his March 5 ruling to the 5th U.S. Circuit Court of Appeals in New Orleans earlier this week.

"Seems like this whole exercise is a belt-and-suspenders operation," Barbier said of BP's separate request for preliminary injunction.

"Not quite," Godfrey said.

"There's no subtlety here. You're trying to get this issue to the 5th Circuit," Barbier said.

BP spokesman Scott Dean said the company "will evaluate how to proceed" in light of Barbier's latest ruling "to protect our rights and prevent continued meritless awards."

"BP believes today's proceedings and the related filings were necessary steps on the way to appellate review in the 5th Circuit, which has not yet considered this issue," Dean said in a statement.

BP estimated a year ago that it would spend roughly $7.8 billion to resolve tens of thousands of claims by businesses and individuals covered by the settlement. The company now says it can't give a reliable estimate for the total value of the deal.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/w27lqZ5FXiQ/Judge-rejects-BP-bid-to-block-Gulf-spill-payouts

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Florida court: Undocumented immigrant can't be admitted to bar

Denny Henry for NBCNews.com

Jose Manuel Godinez-Samperio poses for a portrait on Capitol Hill, April 19th, 2011. Godinez-Samperio is an undocumented immigrant who is pushing for immigration law reform.

By Miranda Leitsinger, Staff Writer, NBC News

An undocumented immigrant who applied to for a law license in Florida cannot be admitted to the bar, the State Supreme Court said Thursday in a case being watched closely by both sides of the immigration debate.

But the decision, according to legal observers, did not appear to be an actual rejection of the request made by Jose Godinez-Samperio, 26.

Rather, the court indicated it would be deciding on the larger question it had been asked --?whether or not to allow people?unlawfully in the country to become lawyers -- and not on a specific individual case.?

?In this cause, the Florida Board of Bar Examiners has petitioned this Court for an advisory opinion regarding a clearly stated question. The separate issue of the individual movant's admission is not before the Court,? the court said in a short order.

The Florida Board of Bar Examiners asked the court in late 2011 to decide if undocumented immigrants can be admitted to the state bar after receiving the application of Godinez-Samperio, an undocumented youth who came from Mexico on a tourist visa with his parents as a child.

The board, which filed the request for an opinion last year, said last year that Godinez-Samperio met their requirements though the court has yet to issue an opinion in the case.

After receiving a work permit on Christmas Eve last year under the new deferred action program for undocumented youth, Godinez-Samperio had his lawyer submit a ?motion of admission? to the bar in January.

That motion was rejected on Thursday, with the court indicating that the larger question on undocumented immigrants ? not the specific case of Godinez-Samperio ? was what they had been asked to review even though Godinez-Samperio's lawyer had been making filings in the case.

Bob Blythe, general counsel of the Florida Board of Bar Examiners, said he didn?t ?think that it?s accurate to say that the court has denied him (Godinez-Samperio) admission.?

"They?re just saying this case isn?t about his admission but rather the more general question,? Blythe told NBC News. ?The answer from the court in this case is going to be whether undocumented immigrants can be admitted and then once we get that then the court will take the appropriate action with regard to his application. ? In many respects it really doesn?t change anything at this point.?

Godinez-Samperio said the meaning of the order wasn?t entirely clear to him, but that he too felt the court was saying it would first address the larger question.

?We had moved to the court (in January) to just go ahead and admit me already and it?s a very strange ruling ? One thing we are sure about is that I haven?t been denied to become a lawyer yet,? he said, noting that he didn?t view it as a setback.

?If anything ? I am glad somebody?s looking at the file and I hope -- although I can?t predict what the court will do -- I hope that this means they?ll make a ruling soon,? he added.

Blythe said the court didn?t have a deadline or time frame for when it would issue a ruling.

Godinez-Samperio came to the U.S. at age nine with his parents from Pachuca, Mexico. They entered the country on tourist visas, which they overstayed. During that time, Godinez-Samperio graduated from high school, college and law school.

A case similar to his in California has reached that state?s supreme court, too. There, the State Bar of California has gone further than its Florida counterpart in saying that Sergio Garcia, a 36-year-old who was born in Mexico and first came to the U.S. as a child, should get a license, noting he had met the rules of admission and that his lack of legal status in the U.S. should not automatically disqualify him.

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Source: http://feeds.nbcnews.com/c/35002/f/653381/s/2a59b0c0/l/0Lusnews0Bnbcnews0N0C0Inews0C20A130C0A40C0A40C1760A21260Eflorida0Ecourt0Eundocumented0Eimmigrant0Ecant0Ebe0Eadmitted0Eto0Ebar0Dlite/story01.htm

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Friday, April 5, 2013

France wants to keep 1,000 soldiers in Mali permanently

By Adama Diarra and John Irish

BAMAKO/PARIS (Reuters) - France has proposed keeping a permanent force of 1,000 French troops in Mali to fight armed Islamist militants, Foreign Minister Laurent Fabius said on Friday.

Fabius, on a visit to Bamako, said France was pushing ahead with plans to reduce its 4,000-strong military presence from the end of this month but planned to keep a combat force in Mali to support a future U.N. peacekeeping mission.

U.N. Secretary-General Ban Ki-moon called last week for the deployment of a U.N. mission of 11,200 troops and 1,440 police in Mali once major combat ends.

This would include thousands of African troops already in Mali in support of France's three-month military campaign, which has swept Islamist rebels out of the towns of northern Mali and into remote desert and mountain hideaways.

Ban's plan also referred to a parallel force to tackle al Qaeda-linked Islamist extremists directly, which diplomats had said would likely be French. Paris has repeatedly warned that the Islamist enclave in north Mali posed a threat to the West and pledged to entirely eradicate it.

"France has proposed, to the United Nations and to the Malian government, a French support force of 1,000 men which would be permanent, based in Mali, and equipped to fight terrorism," Fabius said before leaving Bamako after a one-day visit.

A diplomatic source in Paris said France hoped to have the peacekeeping force approved by the Security Council within three weeks, and to have it deployed by the end of June or early July in time for scheduled presidential elections.

A clause in the U.N. resolution will allow Ban to request the rapid intervention of France's 1,000 troops, which would be deployed under a bilateral deal with Mali, the source said.

Despite widespread concerns over continuing Islamist attacks in northern Mali and the lack of an effective government presence in many areas, France is pressing its former colony to quickly organize nationwide elections to complete a democratic transition after a March 2012 coup.

"It is best that elections are held," Fabius said. "Our Malian partners say they want that and it is possible. The target is July and everything is being done to meet that deadline."

CALL FOR TUAREGS TO DISARM

Fabius called directly on the MNLA Tuareg separatist rebels, who have assisted French forces in northern Mali after Islamists fled the Tuareg stronghold of Kidal, to lay down their arms and take part in the political process.

Tuareg fighters have helped France and their Chadian allies to track down pockets of militants near Kidal. The success of an MNLA uprising early last year sparked March's military coup but the northern rebellion was soon hijacked by Islamist groups.

"All groups including the MNLA must agree to be confined to barracks and disarm," Fabius said, after meeting with Mali's interim president Dioncounda Traore. "We wish to see the official reopening of negotiations."

Many observers have questioned plans for a swift reduction of France's 4,000 troops in light of the continuing Islamist insurgency and a freeze in peace talks with Tuareg rebels.

Islamist insurgents attacked the northern city of Timbuktu for the second time in a fortnight last week, promising to "open the gates of hell" when the French leave.

Mariam Diallo, an analyst with the Washington-based National Democratic Institute, said the July date for the elections was not feasible and could lead to further problems.

"Everything is in chaos and trying rush the elections could be problematic," she said, adding Mali should be given time to resolve the question of displaced people and the electoral register.

Mali's Foreign Minister Tieman Coulibaly said the gold- and cotton-producing nation was capable of meeting the timetable.

"Refugees and those displaced internally by the crisis could vote in their camps. It is technically possible," he said.

(Writing by Bate Felix and Daniel Flynn; Editing by Giles Elgood)

Source: http://news.yahoo.com/france-says-mali-elections-feasible-urges-tuaregs-disarm-191839430.html

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Microsoft's latest pitch to business: Make Windows Azure 'your datacenter'

Next week is Microsoft's annual Microsoft Management Summit conference in Las Vegas. No, I won't be there (me and Las Vegas -- we're not friends). But I have been combing through the session list for the event, which runs from April 8 to April 12.

datacenterv1

In case you don't already know about MMS, this isn't a show for tech wimps. It's for IT managers who love things like System Center Configuration Manager Service Pack 1 and User State Migration Tookit 5.0. But it's also a place where some of Microsoft's higher-level messaging around Windows Server, System Center and Windows Azure occasionally bubble up.

Two of the sessions from the online MMS catalog piqued my interest because of their focus on getting enterprise users to see Windows Azure as YOUR datacenter."

WS-B331 Windows Azure and Active Directory
Speaker(s): David Tesar
Track(s): Windows Server & Azure Infrastructure
Session Type: Breakout Session
Product(s): Active Directory, Windows Azure
In this session you will learn how to plan, deploy and manage Active Directory within Windows Azure. Windows Azure is YOUR datacenter. Deploying Active Directory within your cloud is a key part of enabling LOB applications to work.

WS-B333 Windows Azure in the Enterprise
Speaker(s): Karri Alexion-Tiernan, Venkat Gattamneni
Track(s): Windows Server & Azure Infrastructure
Session Type: Breakout Session
Product(s): Windows Azure
In this session, you will discover how you can make Windows Azure YOUR datacenter. From compute and storage on demand, to messaging and identity services, come and see how you can power your enterprise today with Windows Azure.

I haven't heard Microsoft make this pitch in this way before. Sure, the company has been encouraging corporate customers to go the Azure route, by onboarding their existing apps using the still-in-preview Azure virtual machines and/or by writing new applications that take advantage of Windows Azure's platform-as-a-service capabilities. (This is in addition to encouraging developers of all stripes, including mobile developers, to write apps that connect to the Azure cloud.)

But telling enterprise customers that Windows Azure, which is hosted by Microsoft in its own datacenters, to consider Azure THEIR datacenter is new. (New to me, at least.)

A few years ago, Microsoft was moving toward providing its largest enterprise customers and partners with an Azure-in-a-box capability, via Azure appliances. This effort seems to have been tabled, best I can tell. Instead, Microsoft has been adding Azure features to Windows Server, enabling its hosting partners to turn their implementations of Windows Server into something that more closely resembles Windows Azure. There have been hints that Microsoft might allow large customers to deploy these same Azure features internally, but so far no announcement to that effect.

This doesn't mean that enterprise users, even those who are not sold wholescale on this public cloud thing, can't find some ways to use parts of Azure today, as Windows Azure General Manager Bill Hilf explained in a succint but largely overlooked post from a week ago.

Among the ways enterprise users can tap into Azure, according to Hilf:

  • Store, back up and recover their data in the cloud at a lower cost than using SAN technology, via Windows Azure Storage plus StorSimple, Windows Azure Online Backup and/or SQL Availability Groups. (Note: Microsoft execs are going to be talking about StorSimple -- the cloud-storage appliance technology Microsoft acquired last year --?at MMS.)
  • Tap into "the power of big data" by pairing Azure Websites with HDInsight, so as to mine data, generate business analytics and make adjustments
  • Integrate with on-premises Windows Servers; Linux servers; System Center; data services for SQL, No SQL; .Net, Java, Node.js, Python . (However, speaking of integration, the Azure team hasn't said anything lately about what's going on with its various Azure networking services -- including Windows Azure Connect, a k a "Sydney" and Windows Azure Virtual Network, a k a "Brooklyn." But maybe those will exit preview in the coming weeks/months, along with the aforementioned Virtual Machines for Linux and Windows Server.)
  • Test services and apps quickly by using Windows Server/Linux Server virtual images (though this capability, as I've noted before, is still in preview right now).

One other MMS session that I found interesting: Windows RT in the Enterprise. Yes, Microsoft is still maintaining that Windows RT devices aren't just for consumers. And no, no one should expect to see Outlook RT debut there. It's coming. Not yet, though....

Source: http://feedproxy.google.com/~r/zdnetaustralia/~3/jAJ0BrUkR9w/

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Martin Luther King's 'Letter From Birmingham Jail' (Atlantic Politics Channel)

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Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/296710950?client_source=feed&format=rss

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Thursday, April 4, 2013

Authorities: Escaped Texas inmates now in custody

SULPHUR SPRINGS, Texas (AP) ? Officials say someone trying to pawn stolen jewelry led them to the hideout of two inmates who escaped from an East Texas jail.

Capital murder suspect Brian Allen Tucker and admitted drug offender John Marlin King were returned Thursday to the Hopkins County Jail in Sulphur Springs.

Ricky Smith is the sheriff of nearby Delta County, where the arrests were made.

Smith says authorities were led to the men after a pawn shop clerk reported that someone had been trying to pawn jewelry left in a vehicle that had been stolen. Investigators believed the fugitives had stolen the vehicle.

Police then question the person who tried to pawn the jewelry. Smith says that person told them where the fugitives were hiding.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

A capital murder suspect and a convicted drug offender who escaped from an East Texas jail were captured Thursday, two days after they slipped past a fence only to be found in a neighboring county to the north.

Brian Allen Tucker and John Marlin King were captured in the town of Cooper, said Hopkins County sheriff's Deputy Alvin Jordan. He said they were being returned to the Hopkins County Jail in Sulphur Springs but had no other details.

Sheriff's officials said the inmates fled the jail Tuesday by scaling a fence or slipping through a gap in a perimeter fence in Sulphur Springs, about 75 miles northeast of Dallas. Officials said a maintenance person noticed a problem with the fence around a recreation yard used by female inmates. Hours later, deputies and other law enforcement were searching the woods and area east and northeast of the jail.

The men were found Thursday just 20 miles north of the jail, holed up in a barn behind a house, said Scott Cass, sheriff from nearby Lamar County, which helped in the capture.

Tucker was being held on $1 million bond in the 2011 death of Bobby Riley of Mahoney. Riley was found strangled in his home and some music instruments and firearms had been stolen. Jury selection in his murder trial was set to begin June 3. He previously was convicted of burglary and driving while intoxicated, and has been arrested several times for violating parole.

King was being held on several charges, including evading arrest, burglary and possession of a controlled substance. According to court documents, he pleaded guilty last month to the possession charge as a habitual offender and received a sentence of 40 years in prison.

Source: http://news.yahoo.com/authorities-escaped-texas-inmates-captured-224431972.html

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Video: Possible Deal in the Works For Enron's Skilling

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Source: http://www.nbcnews.com/video/cnbc/51428359/

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