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Shell Guilty of Fraud to Pay $50 million in Punitive Damages

In 2006, a Los Angeles Superior Court jury found Shell guilty of intentional fraud and concealment, awarding Atallah $1.65 million in compensatory damages, Gwire said, who added that the jury also found that Shell had acted with “oppression, malice or fraud”, clearing the way for the jury to award punitive damages.

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Jury Awards $50 Million in Punitive Damages Against Shell Oil Subsidiary

In 2006, a Los Angeles Superior Court jury found Shell guilty of intentional fraud and concealment, awarding Mr. Atallah $1.65 million in compensatory damages. The jury also found that Shell had acted with “oppression, malice or fraud”, clearing the way for the jury to award punitive damages.

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Shell, Motiva Win U.S. High Court Fight With Station Owners

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March 02, 2010, 10:34 AM EST

By Greg Stohr

March 2 (Bloomberg) — The U.S. Supreme Court bolstered the ability of oil companies to change their leases with independent service station owners, blocking a Massachusetts lawsuit against Shell Oil Co. and Motiva Enterprises LLC.

The Supreme Court today unanimously said the suit by a group of station owners can’t go forward under the U.S. Petroleum Marketing Practices Act, a 1978 law that gave independent station owners more power in their dealings with oil companies.

The station owners said Shell and Motiva used rent increases to try to end their franchise arrangements so the companies could take over operation of the stations.

The station owners at one point won a $3.3 million jury verdict. A federal appeals court upheld part of the award and both sides appealed to the Supreme Court.

The cases are Mac’s Shell Service v. Shell Oil Products, 08-240, and Shell Oil Products v. Mac’s Shell Service, 08-372.

–Editors: Jim Rubin, Laurie Asseo.

To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net.

To contact the editor responsible for this story: Jim Kirk at 1-202-654-4315 or jkirk12@bloomberg.net

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£200,000 Legal Aid for Yorkshire Ripper: Zero for war veteran Alfred Donovan sued by Shell

By Alfred Donovan

Appeal: Peter Sutcliffe, shown here after an attack in prison, has launched a High Court bid to be released.

EXTRACT FROM A DAILY MAIL ARTICLE PUBLISHED 2 MARCH 2010:

The Yorkshire Ripper is using taxpayers’ money in an attempt to win his freedom.

Peter Sutcliffe, who murdered 13 women and tried to kill seven more, claims doctors believe he is ‘on the way to being cured’ and no longer poses a risk to the public.

Now 63, he has received legal aid to fund a team of leading barristers in his High Court battle to be released from the secure Broadmoor Hospital. This is likely to run up a bill of £200,000.

In June 1999, at the age 82, I was a defendant in the High Court action brought against me by Shell for alleged breach of contract.  I had no legal representation. I had already sold my home to pay my lawyers.  After my funds evaporated completely, I applied for Legal Aid which was granted, then mysteriously withdrawn without explanation. My son’s Legal Aid was also revoked. He discovered that this was due to a letter Shell (Mr Richard Wiseman?) had sent to the Legal Aid Board making an allegation which was without foundation. I assume that Shell also sent a similar letter to the Legal Aid Board about me.

John and I both appealed against the revocation decisions. In my case, a member of the Legal Aid appeal panel said that as far as he could see, I had “nothing to lose”.

My own war record in fighting the Japanese in Burma, the fact that three of my brothers had also fought for Britain (Jack, a paratrooper broke his ankle landing during Operation Market Garden at Arnhem), was of no account. My mother drove a London ambulance during the Blitz. After the war I worked in the civil service for 14 years, started my own business, employed many people over the years and had always lived a blemish free life. Again, this all counted for nothing. Basically, my background, dignity, reputation, health and financial independence, were all of no account.

After receiving notifications that our appeals had been rejected, we each filed for Judicial Review armed with evidence that the allegation made by Shell was completely false, but the trial date arrived before either of us could get a hearing.

I was left in the unbelievable position at the age of 82, with a war disability, of having to personally defend myself in the High Court before a Judge and an array of high-powered barristers and solicitors acting for Shell.

John gave a legal charge on his house to his lawyers, or otherwise he too would have had no legal representation in court. Having no legal aid weakened his position and piled on more pressure. We had already endured a deluge of threats by Shell plus uncover activity directed against us.

Hence we were at a great disadvantage and reluctantly accepted the second compromise settlement offer put by Shell.

What a screwed up Country when a horrific serial killer is granted Legal Aid, while a then 82 year old 2nd World War veteran was left abandoned with no Legal Aid and NO legal representation.

Shell is well aware of what happened. A Shell internal email dated 11 May 2006 raised the question:-

“Mr. Donovan alleges that Shell had (his) legal aid cut off (during the SMART case). Is this the case?”

No answer was provided.

Redlands doing legal battle with Shell Oil

SAN BERNARDINO SUN

Posted: 02/19/2010 04:18:29 PM PST

REDLANDS – City attorneys entered into a jury trial in early February in an attempt to get Shell Oil Company to clean up a mess the city says Shell made. The city launched a lawsuit against Shell in 2004 over contaminated ground water. The lawsuit began a jury trial Feb. 4.

“The city brought the lawsuit to be proactive,” said Chris Diggs, the city’s water resources manager. “We want to ensure the sufficient supply of safe drinking water.”

Shell manufactured the chemical product D-D that farmers injected into the soil to kill nematodes – tiny worms that can attack root systems and kill crops. The use of D-D is common by farmers, but Diggs said Shell included an uncommon – and unnecessary – chemical.

Shell put another chemical called Trichloropropane, or TCP – a chemical leftover in the manufacturing process – into the D-D compound, Diggs said. Chemical manufacturers are required to incinerate the chemical to dispose of it. But Shell instead hid the TCP in the D-D, Diggs said.

“They would add the TCP to the D-D to get rid of it,” he said.

And the farmers injected the D-D into the ground.

Diggs said city staffers noticed traces of TCP in its groundwater a few years before the city launched its 2004 lawsuit. The city shut down its groundwater wells where the TCP was detected.

Diggs could not be specific on how many groundwater wells have been shut down because of the way the contamination works.

News generated by royaldutchshellplc.com Shell leaks in 2009

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Todd alleges Shell, OMV colluded

Multinational Shell “colluded” with Austrian oil company OMV by restricting the gas and oil they allowed to be produced from the Pohokura gas field in competition with gas from the Maui field, in which Shell holds a major stake, the Todd family claimed on Monday.

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Oil groups mount legal challenge to Schwarzenegger’s tar sands ban

A lobby group that includes BP and Shell in its membership has launched a legal challenge against low-carbon legislation in California that in effect rules out the use of oil from Canadian tar sands. The action by the National Petrochemical & Refiners Association (NPRA) comes amid growing political, investor and consumer pressure on US oil companies not to participate in the carbon-intensive tar sands of Alberta.

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Dutch Court Adjourns Shell Nigeria Lawsuit Until Summer

AMSTERDAM -(Dow Jones)- A lawsuit against Royal Dutch Shell PLC (RDSB) over oil leaks in Nigeria has been adjourned by a Dutch court, one of the plaintiffs said Wednesday, adding that the hearing should start this summer.

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Shell officials may face criminal charges

Manila Bulletin

February 3, 2010, 4:34pm

The Bureau of Customs (BoC) threatened to file criminal charges against officials of Pilipinas Shell Petroleum Corp. (PSPC) for their “no intent” to pay the P7.3-billion back excise taxes even as the temporary restraining order (TRO) issued by the Court of Tax Appeals will lapse on February 9.

Customs Commissioner Napoleon Morales said BoC plans to sue Pilipinas Shell’s officers because they have committed fraud for the oil firm’s importation of catalytic cracked gasoline (CCG) and Light CCG from 2004 to October, 2009.

“When Shell fails to pay Customs, we will be forced to file a criminal case against them. This is our remedy under the law. As we have said, Shell has committed fraud because there is an issue of misclassification,” Morales said.

Under the Tariff and Customs Code of the Philippines (TCCP), the PSPC placed the CCG and Light CCG under the category of tetrapropylene that only has a one percent rate of duty, when it should have been considered as a premium unleaded that has a three percent rate of duty, he reiterated.

The BoC sent a letter to Royal Dutch Shell Plc. chief executive Joroen can der Veer, who is based in its main office in Netherlands, that they are resorting to such legal action following its continued stance not to settle its financial obligation to the government. (Raymund F. Antonio)

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