Ukrainian high court postpones Tymoshenko appeal

KIEV, Ukraine (AP) -- Ukraine's highest court on Tuesday postponed hearing former Prime Minister Yulia Tymoshenko's appeal of her conviction and seven-year sentence on charges of abusing her powers in signing a gas deal with Russia.

Prosecutors argued that the appeal should be postponed because Tymoshenko is undergoing medical treatment for a back condition in a hospital in Kharkiv, the city where she is imprisoned, and would be unable to appear in court in Kiev, the capital.

In ruling in favor of the prosecution, the High Specialized Court for Civil and Criminal Cases set a new date of June 26, which falls near the end of the European soccer championship.

Some European Union officials and governments have vowed to boycott the games in Ukraine over Tymoshenko's imprisonment, which the EU and U.S. have condemned as politically motivated.

Tymoshenko has accused President Viktor Yanukovych, her longtime rival who narrowly defeated her in the 2010 presidential election, of throwing her into jail to prevent her from posing a challenge in October parliamentary elections.

Tymoshenko's lawyer Serhiy Vlasenko condemned the postponement.

"Today's decision is complete nonsense on the level of the country's highest court," he told reporters. "Today, Yanukovych has again spat in the face of Europe."

He said the delay was aimed at preventing Tymoshenko from appealing to the European Court of Human Rights, which can be done only after the appeals process has been exhausted at home, but Vlasenko said they would go ahead and do so anyway.

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Brazil government wins appeal in tax dispute with Vale

BRASILIA (Reuters) - Brazil's highest court overturned an injunction that had suspended collection of disputed tax claims from Vale SA (VALE5.SA), the world's largest iron-ore producer, the company said on Thursday, adding it would appeal the ruling.

The miner is fighting four tax bills issued by the federal tax authority, totaling 30.5 billion reals ($15.83 billion) on its earnings abroad. Vale said this is tantamount to double taxation as it paid taxes to foreign governments.

The Superior Court of Justice ruled in favor of the federal tax authority in its appeal against an injunction granted in March that suspended payment of the taxes by Vale. Vale says it will now appeal in order to reinstate that suspension.

"Vale remains confident in its arguments and will continue to pursue all appropriate legal actions until a final decision on the merits is reached," it said in a statement.

A statement on the court's website confirmed that the company still had the right to appeal the decision.

A Vale spokesperson said the company would not have to make an immediate payment should the tax authority request it, since it planned to appeal against the latest ruling.

The dispute over whether the taxes are due is waiting to be judged and is part of a run of appeals begun in the last decade, including one by the National Industry Confederation (CNI), against payment of tax on earnings on foreign operations.

Brazil's government is also seeking $3 billion in additional royalty payments from Vale, claiming the company has understated the value of its production. Switzerland's government is also pursuing the company for income tax arrears that Vale disputes.

Key Brazilian mining state Minas Gerais state is seeking an 1.2 billion reais (US$642.83 million) in additional tax from the company, saying Vale should have based its tax payments on the value of its output, not production costs.

($1 = 1.9265 Brazilian reals)

(Reporting by Peter Murphy; Editing by Jeb Blount, Gary Hill)

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Honda appeal seeks to overturn US woman's award

TORRANCE, California (AP) -- Lawyers for the American Honda Motor company are heading back to court trying to overturn a highly publicized small claims court award to a woman who sued over the poor fuel mileage of her hybrid Honda Civic.

Honda appealed the $9,867 (€7,536) award to Heather Peters after 1,700 hybrid owners followed her example and opted out of a class action settlement designed to give some 200,000 owners of the cars between $100 and $200 each plus a rebate if they buy a new Honda.

Peters sued the giant automaker when her hybrid failed to get a promised 50 miles per gallon. Her suit was a unique end run around the class action process which she said offered too little to Honda owners and too much to lawyers. She urged Honda owners to take the small claims route as she did.

Honda's appeal of the small claims verdict is due back in court Thursday before a superior court judge who is hearing testimony from both sides in what is essentially a retrial. According to small claims rules, this is the last chance for review of the case. It cannot be appealed further.

Unlike the small claims trial, Honda has legal representation and Peters, who renewed her law license, is presenting new evidence she has discovered since she received her award. She testified in the first part of the hearing last Friday with lawyers for Honda questioning her.

The class action settlement approved by a judge last month pays owners of about 200,000 Honda Civics from model years 2003 to 2009 between $100 and $200, plus a rebate toward the purchase of a new Honda. Owners of models from 2006 to 2008 get the larger amount due to additional claims over battery defects.

The judge has valued the settlement at $170 million. Attorneys for the plaintiffs have pegged the value between $87.5 million and $461.3 million, depending largely on how many people accept rebates of up to $1,500.

The judge approved more than $8 million in plaintiff attorneys' fees in his 43-page ruling.

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Honda appeal seeks to overturn US woman's award

TORRANCE, California (AP) -- Lawyers for the American Honda Motor company are heading back to court trying to overturn a highly publicized small claims court award to a woman who sued over the poor fuel mileage of her hybrid Honda Civic.

Honda appealed the $9,867 (€7,536) award to Heather Peters after 1,700 hybrid owners followed her example and opted out of a class action settlement designed to give some 200,000 owners of the cars between $100 and $200 each plus a rebate if they buy a new Honda.

Peters sued the giant automaker when her hybrid failed to get a promised 50 miles per gallon. Her suit was a unique end run around the class action process which she said offered too little to Honda owners and too much to lawyers. She urged Honda owners to take the small claims route as she did.

Honda's appeal of the small claims verdict is due back in court Thursday before a superior court judge who is hearing testimony from both sides in what is essentially a retrial. According to small claims rules, this is the last chance for review of the case. It cannot be appealed further.

Unlike the small claims trial, Honda has legal representation and Peters, who renewed her law license, is presenting new evidence she has discovered since she received her award. She testified in the first part of the hearing last Friday with lawyers for Honda questioning her.

The class action settlement approved by a judge last month pays owners of about 200,000 Honda Civics from model years 2003 to 2009 between $100 and $200, plus a rebate toward the purchase of a new Honda. Owners of models from 2006 to 2008 get the larger amount due to additional claims over battery defects.

The judge has valued the settlement at $170 million. Attorneys for the plaintiffs have pegged the value between $87.5 million and $461.3 million, depending largely on how many people accept rebates of up to $1,500.

The judge approved more than $8 million in plaintiff attorneys' fees in his 43-page ruling.

View the original article here

Honda appeal seeks to overturn woman's award

TORRANCE, Calif. (AP) -- Lawyers for the American Honda Motor company are heading back to court trying to overturn a highly publicized small claims court award to a woman who sued over the poor fuel mileage of her hybrid Honda Civic.

Honda appealed the $9,867 award to Heather Peters after 1,700 hybrid owners followed her example and opted out of a class action settlement designed to give some 200,000 owners of the cars between $100 and $200 each plus a rebate if they buy a new Honda.

Peters sued the giant automaker when her hybrid failed to get a promised 50 miles per gallon. Her suit was a unique end run around the class action process which she said offered too little to Honda owners and too much to lawyers. She urged Honda owners to take the small claims route as she did.

Honda's appeal of the small claims verdict is due back in court Thursday before a superior court judge who is hearing testimony from both sides in what is essentially a retrial. According to small claims rules, this is the last chance for review of the case. It cannot be appealed further.

Unlike the small claims trial, Honda has legal representation and Peters, who renewed her law license, is presenting new evidence she has discovered since she received her award. She testified in the first part of the hearing last Friday with lawyers for Honda questioning her.

The class action settlement approved by a judge last month pays owners of about 200,000 Honda Civics from model years 2003 to 2009 between $100 and $200, plus a rebate toward the purchase of a new Honda. Owners of models from 2006 to 2008 get the larger amount due to additional claims over battery defects.

The judge has valued the settlement at $170 million. Attorneys for the plaintiffs have pegged the value between $87.5 million and $461.3 million, depending largely on how many people accept rebates of up to $1,500.

The judge approved more than $8 million in plaintiff attorneys' fees in his 43-page ruling.

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La insurer asks for Supreme Court appeal on claims

NEW ORLEANS (AP) -- Louisiana's property insurer of last resort has asked the nation's highest court to hear an appeal of a $104.6 million award to 18,500 policyholders who sued over slow adjustment of hurricane claims in 2005.

The action by Louisiana Citizens Property Insurance Corp. came as an order was issued to the East Baton Rouge Parish sheriff to get the money from the insurer's bank.

In a statement, plaintiff attorney Fred Herman said a state district judge in Jefferson Parish would decide how to divide the money once it is turned over by Regions Bank.

Citizens' chief executive, Richard Robertson, said a request for the U.S. Supreme Court to hear the case was filed Wednesday. There was no indication of when the court might decide to accept or reject the request.

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