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NY court: Married gay couples entitled to benefits
Human Rights |
2009/11/19 09:23
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New York's top court on Thursday rejected a Christian legal group's challenge to some government benefits provided to gay couples legally married elsewhere and now living in New York. The court rejected an argument that same-sex marriage was akin to incest and polygamy but avoided declaring that gay couples are entitled to all the rights of other married couples. In a 4-3 decision on the narrow question of benefits, the Court of Appeals did not address whether the state must recognize same-sex marriage but encouraged the Legislature to settle the issue. The case was pushed by the Alliance Defense Fund of Scottsdale, Ariz. A law to allow same-sex marriage in New York is hung up in the state Senate but could come to a vote before the end of the year. One judge warned that failing to address the larger question of recognizing same-sex marriages will create a problem. "The effect of the majority's rationale in affirming these orders will be to permit an unworkable pattern of conflicting executive and administrative directives ... (at the) individual discretion of each agency head," Judge Carmen Beauchamp Ciparick warned in an otherwise concurring opinion. |
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Senate girds for historic debate on health bill
Breaking Legal News |
2009/11/19 09:21
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Congressional budget crunchers Thursday said the Democrats' latest health care plan would hold down federal red ink for at least a 20-year stretch, an assessment that boosted the bill's advocates as the Senate moved gingerly toward a historic debate. The nonpartisan Congressional Budget Office said that Majority Leader Harry Reid's 10-year, $848-billion bill would produce a net reduction of $130 billion in federal deficits in its first decade. Perhaps more significantly, the legislation would continue to give back over the next 10 years and beyond, the budget umpires said, because "added revenues and costs savings would probably be greater" than the cost of covering uninsured Americans. The budget office put a big asterisk on its forecast, using words like "imprecision" and "uncertainty" to describe the long-range projection. It noted that, overall, health care spending remains on an unsustainable path. However, the bill would not make matters any worse, and maybe even a little better. With President Barack Obama pledging to tamp down ruinous health care costs, Democrats took the new CBO estimates to the bank, while skipping over the caveats. Preparing for a noontime rally with supporters, Reid, D-Nev., said the legislation would "save lives, save money and save Medicare." The CBO said Reid's bill would extend coverage to 94 percent of eligible Americans, after subsidies to make premiums more affordable start flowing in 2014. That's one year later than in the House Democratic bill — and well into the next presidential term. Postponing the subsidies by one year allowed Reid to offer somewhat more generous assistance to defray the cost of insurance premiums. |
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Economy redefines law firm's focus
Legal Spotlight |
2009/11/19 07:25
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It's Business 101: When a practice area of your law firm suddenly becomes its sole focus, it's time to revise your business plan. That is exactly what Ken Gross and law firm Thav, Gross, Steinway & Bennett PC have done in light of the state and national economic crisis. Previously, a quarter of the firm's practice centered on bankruptcy and tax collection. Today, it makes up the majority of its business. To handle the sharp increase in these areas, the Bingham Farms firm has developed a Financial Crisis Management practice, added new tools for its attorneys to use and modernized its marketing strategy to get the word out. The result is a vibrant practice that has attracted new clients, both individuals and corporations, said co-founder Ken Gross. For businesses, Thav Gross creates strategies that tackle delinquent taxes and problems resulting from banks withholding or not renewing lines of credit. For individuals, the firm has designed new programs to help with loan modifications, debt resolution, bankruptcy protection and tax relief.
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Not a member, US envoy attends international court
International |
2009/11/19 06:21
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The American war crimes ambassador said Thursday the U.S. is committed to ending impunity for crimes against humanity, in a speech signaling a softening of hostility toward the International Criminal Court. Stephen Rapp's brief remarks marked the first time a U.S. diplomat has addressed the 110-nation Assembly of State Parties, which oversees the court's work and budget. He also held a string of bilateral meetings and told delegates he was there to listen and learn. Rapp underscored Washington's history of helping prosecute those responsible for atrocities dating back at least to the Nazi war crimes trials in Nuremberg. The world's first international war crimes tribunal began work in 2002. It is a court of last resort to prosecute people suspected of committing war crimes in its member states, if those countries cannot or will not conduct the trials themselves. The U.N. Security Council also can ask the court to investigate a case. The United States refused to ratify the court's founding treaty, the 1998 Rome Statute, partly because of fears the court could become a forum for politically motivated prosecutions of troops in unpopular wars like Iraq. |
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Giuliani against trying Mohammed in civilian court
Court Watch |
2009/11/19 05:23
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Former New York Mayor Rudy Giuliani is opposing the Obama administration's decision to try alleged Sept. 11 mastermind Khalid Sheikh Mohammed in a federal civilian court. Giuliani was mayor on Sept. 11, 2001, when terrorists flew two hijacked planes into the World Trade Center, another hit the Pentagon and a third crashed in western Pennsylvania. He told NBC's "Today" program Thursday that a conventional criminal trial is "not necessary." Giuliani said "there's no reason to put New York through this." He also said that if President Barack Obama concluded that military tribunals were impermissible, "I would have been in favor of it." He said the decision to try Mohammed and four others in New York sets a bad precedent.
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Law Firm Manager Gets 41 Months for Embezzling $1.3M
Law Center |
2009/11/19 03:24
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Regina Schenck, 46, of Herald, a small community in southern Sacramento County, is headed to prison for three years and five months, the sentenced handed down for her stealing $1.3 million from her employer, Sacramento law firm Diepenbrock Harrison. She was also ordered to repay the $1.3 million to her former employer plus $264,000 in restitution to the IRS. She pleaded guilty on Sept. 1.
Between 2003 and 2008, Ms. Schenck wrote law firm checks to pay her own bills, created false documents, and told lies to cause law firm partners to authorize checks that she secretly used to buy five horses and a horse trailer, according to Assistant U.S. Attorney Matthew Segal, who prosecuted the case.
She also used the law firm’s computer network to inflate her salary, give herself bonuses and benefits, and she omitted her fraud-procured income from her tax return, prosecutors say.
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Court sides with Boeing on $1.1B contract
Business |
2009/11/18 09:23
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A federal court has reversed a ruling that overturned Boeing Co.’s $1.1 billion contract for maintenance of an Air Force refueling tanker jet. The U.S. Court of Appeals for the Federal Circuit’s ruling Tuesday overturns a 2008 decision by the U.S. Court of Federal Claims and reinstates Chicago-based Boeing’s 10-year contract for work on the 50-year-old fleet of KC-135 tankers, The Wall Street Journal reported Wednesday. Boeing, which built the KC-135, was awarded the maintenance contract in September 2007, and the aerospace giant has been awarded similar contracts for nearly a decade. Competitor Alabama Aircraft Industries Inc. of Birmingham, Ala., filed suit, alleging the contract was not properly awarded to Boeing and citing issues involving pricing and past performance, The Associated Press reported. |
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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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