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Military high court to hear Kan. HIV exposure case
Current Cases |
2013/09/30 13:29
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The highest court for the U.S. armed forces has agreed to hear the appeal of a Kansas airman convicted of assault for exposing multiple sex partners to HIV at swinger parties in Wichita, his attorney said Friday.
David Gutierrez was a sergeant serving at McConnell Air Force base in Kansas when he was sentenced in 2011 to eight years in prison and stripped of his rank in an aggravated assault case. Prosecutors told the trial judge that a stiff sentence would send a message that the military values the integrity of its service members, saying Gutierrez played Russian roulette with his sexual partners' lives.
The defense on appeal has won a rare opportunity to present before the U.S. Court of Appeals for the Armed Forces an argument that his attorney says could set a far-reaching precedent across the military.
"It will set the table for the entire military services as to what kind of evidence is necessary to find that someone can cause grievous bodily injury after testing positive for HIV," said Kevin McDermott, one of his defense attorneys.
In addition to the HIV issue, the military appeals court agreed Tuesday to decide whether the evidence was sufficient to find Gutierrez committed adultery. The defense contends Gutierrez can't be guilty of adultery because his wife participated with her husband in the "swinger's lifestyle." |
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Once notable NJ lawyer given life sentence
Breaking Legal News |
2013/09/25 11:04
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A defense attorney who once had a roster of celebrity clients and boasted of having tried hundreds of cases in federal court was sentenced there on Monday to life in prison without parole after his conviction on nearly two dozen counts including murder conspiracy and racketeering.
Paul Bergrin, in custody since his 2009 arrest, wore khaki prison scrubs and showed little reaction as a judge read what amounted to several life sentences Monday afternoon in a federal courtroom in Newark.
The 57-year-old former federal prosecutor once represented an Army reservist charged in the Abu Ghraib prison scandal in Iraq and celebrities such as Queen Latifah, the rapper Lil' Kim and the group Naughty By Nature. He also represented reputed gang members and alleged drug kingpins from his offices in Newark.
Bergrin, formerly of Nutley, and several associates were arrested and charged in May 2009 with running his law business as a criminal enterprise. The U.S. attorney's office charged Bergrin with more than 30 counts including racketeering, setting up the murder of a witness, money laundering and drug offenses. His first trial, in which Bergrin represented himself, ended in a hung jury two years ago.
A second trial resulted in his conviction in March on 23 counts related to operating what prosecutors said was a racketeering enterprise that engaged in drug trafficking, prostitution, bribery, plotting to murder witnesses and money laundering. |
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Manassas Family Law and Divorce Litigation Attorney
Featured Law Firms |
2013/09/25 11:02
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The Law Offices of Tenecia P. Reid is dedicated to providing outstanding and creative legal solutions to clients throughout Northern Virginia.
Specializing in family law for her entire career, Attorney Tenecia P. Reid stands ready to skillfully guide you through the divorce litigation process. Divorce litigation can be frustrating, confusing, and emotional, so it is imperative to have an attorney who both listens and treats you with respect as you face major life decisions.
Widely experienced, Attorney Reid has negotiated and litigated cases that include complex marital assets, tax issues, business valuations, underwater joint mortgages, adultery, abuse, protective orders, and bankruptcy issues. Attorney Reid is also intimately familiar with the laws governing fault-based divorce cases, and can help you to determine whether you have one or more fault grounds against your spouse and how you may prove them.
A sharp negotiator with a confident courtroom presence, Attorney Reid also wants her clients to understand each step of the process and communicates accordingly. Whether you are considering divorce or have just been served with a divorce complaint, consulting with our office can help you confidently assess your situation and prepare for the best possible outcome.
Our firm is ready to help you navigate through the legal process and find the best possible outcome to difficult situations.
Address:
9214 Center St
Third Floor
Manassas, Virginia 20110
Contact:
Phone: (703) 393-1000
Fax: (703) 574-8936 |
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New Jersey & New York Real Estate Lawyers
Law Firm News |
2013/09/23 10:54
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The Mavroudis & Guarino, LLC, Real Estate Practice Group offers a full array of transactional and counseling services. While many firms offer complex real estate services, the MR&G difference is that we are not just attorneys, but established real estate professionals.
While many law offices offer complex real estate services, the M&G difference is that we are not just attorneys, but established real estate professionals. Our Real Estate Practice Group Chair, John M. Mavroudis, has developed over $1 billion dollars worth of commercial and residential real estate as founder, owner and Chief Executive Officer of Rio Vista, a prominent real estate development, construction and realty services company. Our lawyers have many years of skill and knowledge in a wide range of matters including regional and local office, retail, industrial and residential developments, home building, real estate brokerage, and other types of residential, industrial and commercial ventures.
Mavroudis, Rizzo & Guarino, LLC, is a full service law firm located in New Jersey and New York. Our Bergen County Real Estate Lawyers have established real estate, litigation, criminal defense and other boutique practice groups and is a legal representation for a spectrum of individuals, corporations, midsize and small private businesses, banks and nonprofit institutions.
Our Queens NY team involves a team made of former partners and associates from renown law firms in the nation, including general counsels to international organizations and construction companies, as well as other top companies in New York. With our team of legal advisers we have the reputation along with the talent. |
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Appeals court upholds slugger Bonds' conviction
Legal Spotlight |
2013/09/18 13:46
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A federal appeals court on Friday upheld former Giants slugger Barry Bonds' obstruction-of-justice conviction stemming from rambling testimony he gave during a 2003 appearance before a grand jury investigating elite athletes' use of performance-enhancing drugs.
The 9th U.S. Circuit Court of Appeals ruled that Bonds' testimony was ''evasive'' and capable of misleading investigators and hindering their probe into a performance-enhancing-drug ring centered at the Bay Area Laboratory Co-Operative, better known as BALCO.
In a statement Friday night, Bonds said he was disappointed but he has instructed his attorneys to ask that he be allowed to immediately begin serving his sentence of 30 days of house arrest and two years of probation.
''Meanwhile, I also intend to seek further judicial review of the important legal issues presented by the appeal that was decided today,'' Bonds said. ''This has been a long and difficult chapter in my life and I look forward to moving beyond it once I have fulfilled the penalties ordered by the court.''
Like several other prominent athletes who testified before the grand jury, Bonds was granted immunity from criminal prosecution as long as he testified truthfully.
But after Bonds repeatedly denied knowingly using performance-enhancing drugs - he testified he thought he was taking flax seed oil and other legal supplements - prosecutors charged him with obstruction and with making false statements.
A jury convicted Bonds of a single felony count of obstruction, stemming from when he was called before the grand jury in San Francisco in December 2003. Bonds was asked whether his trainer, Greg Anderson, had ever injected him with a substance, and he replied by discussing the difficulties of being the son of a famous father. Bonds' father is former major leaguer Bobby Bonds.
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Court: Malpractice law covers doctors' businesses
Medical Malpractice |
2013/09/09 11:35
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Businesses formed by doctors are covered by a state law that caps the damages that victims of medical malpractice can collect from health care providers, New Mexico's highest court ruled Thursday.
The state Supreme Court said that medical professional corporations and limited liability companies fall under the law's definition of a health care provider under the state's medical malpractice law.
At issue was whether the 1976 law applied only to licensed physicians, hospitals, outpatient clinics and certain others such as chiropractors. A corporation established by a group of doctors for tax or business purposes isn't licensed, however.
The court said that excluding the businesses formed by medical professionals would undermine the purpose of the law, which was to increase the availability of insurance coverage for malpractice claims. The law was enacted after a large private insurer stopped offering malpractice coverage in the state.
The court said that "covering individuals without offering the same benefits to the companies that they form or operate under disturbs the balanced scheme originally set up by the Legislature that was intended to attract enough health care providers to service the needs of patients in New Mexico and, in turn, ensure that the patients were protected when claims for medical malpractice arise."
The court issued the ruling in deciding three separate malpractice lawsuits.
In 2011, Gov. Susana Martinez vetoed a measure passed by the Democratic-controlled Legislature that would have revised the malpractice law to increase its liability caps and make clear that the business organizations of doctors were covered.
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NM court to hear case over educator pension cuts
Business |
2013/09/04 22:10
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New Mexico's highest court is mulling whether the state can cut cost-of-living increases for retired educators to help shore up the pension system's long-term finances.
The state Supreme Court is to hear from lawyers on Wednesday in a case brought by four retirees, who say the state Constitution protects their pensions from reductions like those required under a law enacted earlier this year.
The retirees contend the law gives them a "vested property right" in their retirement benefits and they are legally entitled to the cost-of-living adjustments previously promised, which would have been 2 percent this year without the change in law.
The attorney general's office and the Educational Retirement Board, in written arguments to the court, said the Constitution includes a provision that allows pensions to be modified to preserve the solvency of a retirement plan.
However, the retirees said in their lawsuit that provision only applies to retirement benefits before an employee works long enough to become vested in a pension system.
The Democratic-controlled Legislature and Republican Gov. Susana Martinez agreed on a package of pension changes this year to improve the solvency of the educational retirement program, which has a $6 billion gap between its assets and the benefits expected to be paid out in the future.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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