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How a federal court's decision can be appealed

Oregon residents might be interested to learn about the process of appealing a federal court's decision. If a party believes a federal court ruled in error, the case is almost always eligible to receive a second look during an appeal. Although an appeal and a trial are similar in some ways, there are key differences that are important to understand.

Unlike trials that are heard by only one judge, appeals are heard by a panel of judges. These judges will each consider the appellate briefs that are submitted by each party's attorney during the appeal. The written briefs will contain the arguments for each party's belief that the trial court's decision was either correct or incorrect. Attorneys may also be given time to present an oral argument, and the judges will question the attorneys about information contained in each brief.

Judge rules that oil spill is mostly BP's responsibility

Oregon residents may remember the 87-day oil spill that occurred in the Gulf of Mexico in 2010. According to recent reports, a federal judge made a ruling on Sept. 4 that may expose BP to significant penalties in connection with the offshore oil disaster. Although the company has made agreements to pay significant criminal fines and to compensate both individuals and businesses affected by the 2010 incident, the federal ruling could multiply the amount owed by four times.

A 2013 trial was held to address the responsibility for the spill, which killed 11 workers in addition to destroying wildlife habitats. Three companies were involved in the incident, and in the recent ruling, BP was assigned 67 percent of the responsibility due to reckless conduct. A cement contractor, Halliburton Energy Service, was assigned 3 percent of the responsibility, and a Swiss company, Transocean Ltd., was deemed to be 30 percent responsible. BP has responded by indicating that it plans to appeal the decision, noting that the record does not support the conclusions of the district court judge.

What are civil trials and civil appeals?

Readers who have been following our blog have likely heard the terms trial and appeal in some of the posts. For readers who are browsing through posts and those who find themselves in facing circumstances similar to those they read, knowing how an appeal differs from a trial might make understanding what is going on a lot easier.

What happens during a trial?

Oregon Department of State Lands denies Ambre Energy plan

Protecting the interests of the environment is something that some conscionable citizens and government authorities take responsibility for. When these individuals take steps that corporations or other individuals don't particularly like, court battles can start. Civil cases and civil appeals for these environmental cases sometimes occur. One case regarding Ambre Energy seems like it might be heading toward an appeal.

The Oregon Department of State Lands has rejected an application from the company to place pilings in the Columbia River. Ambre Energy wants to build a terminal where coal would be placed on barges to be placed on vessels as part of shipping the coal to Asian buyers.

Oregon court does not have jurisdiction over natural gas appeal

A gas company in Oregon, known as Oregon LNG, has been attempting to get permission for the construction of a terminal and a pipeline for natural gas. It would be constructed out on the Skipanon Peninsula, which is located in Warrenton. This location would put the facility right near the end of the Columbia River.

Part of the company's goal is then to ship the liquid natural gas along the river. This has been a source of contention, as some groups in the area -- such as Columbia Riverkeeper -- are opposed to this action.

Oregon Court of Appeals might see electioneering case soon

The Oregon Court of Appeals might soon be hearing the case of a man who is facing a $75 fine for electioneering. The man who received the fine is the Albany City Manager, but he claims to have done nothing wrong.

He is facing the fine for failing to put the cost to individual taxpayers on a press release he wrote in 2013. According to the Oregon Secretary of State's Office, the man should have put the amount per taxpayer based on each $1,000 of the assessed value of property on the press release. That press release had to do with the $20.3 million bond election for fire and police facilities, which failed in the election.

Wolf case moving through 9th Circuit Court of Appeals

Wolves are beautiful creatures that should be protected, but a plan by one state could potentially harm these majestic animals. The United States Forest Service and the Idaho Fish and Game Department have been sued by the Western Watersheds Project, Defenders of Wildlife and some other environmental groups. In the latest update about this issue, the Idaho Fish and Game representatives have filed a declaration saying they won't move forward with their plan immediately.

The government entity was going to have wolves killed by using a hired hunter. The opponents of the plan say that the Wilderness Act, which is a federal act, was violated when the hired hunter was allowed to use a cabin and air strip by the U.S. Forest Service.

Oregon court rules against host in wrongful death case

Interpreting the law can be a complex project. A recent ruling by the Oregon Court of Appeals shows that interpretation of the law is often more complex than most people realize at first glance.

The case has to do with a wrongful death lawsuit filed when a man was killed at a party. The deceased man and his friend, both of whom had been consuming alcohol at the party, were acting out robbery scenarios. They were using real guns. An accident occurred and the deceased man was shot.

Lowe's drops property tax valuation appeal in Oregon

For a person who owns a business, making sure that property tax valuations are correct is a serious concern. If the valuation is too high, you might end up paying more than what you should have to pay. If it is too low, you won't pay enough. For Lowe's, a property tax valuation issue has been an ongoing fight with one county assessor's office since February of 2013, when the company filed an appeal with the Board of Property Tax Appeals.

While the company's appeal was denied, that wasn't the last avenue Lowe's had to appeal the tax valuation. They then took the case to the Magistrate's Division of the Oregon Property Tax Court. At that point, the city of Lebanon and Lynn County pooled their resources to hire an independent appraisal service and outside legal counsel. That appeal was heard in September of 2013. In January of 2014, the Magistrate ruled against Lowe's and upheld the county's valuation of the land.

Could unpaid internships result in employment litigation?

Unpaid internships in Oregon and across the country have been around as far back in history as most people can remember. Internships were thought of as a win/win situation. An employer gets a free worker, and the intern gets on-the-job training and experience. Sounds like an all-around win, right? Not according to some Human Resources experts and the director of the Center for Human Resources at Wharton School of Business. They believe that companies are ignoring the Fair Labor Standards Act and exploiting the talents of young people.

A professor of legal studies and business ethics claims that unpaid internship is outright illegal. She says that employers have either forgotten about the Fair Labor Standards Act, or they believe it doesn’t apply to them. Even President Obama and the White House have unpaid interns, despite the president’s push for increased minimum wages across the country. An advocacy group has petitioned the president to begin paying White House interns – regardless of the cost – which is estimated at $2.5 million annually.

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