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Sperm Donor Fights For Rights In Court
Breaking Legal News | 2008/07/07 08:47
Both the Alliance Defense Fund & Keys for Networking, Inc. filed Amicus Briefs in the United States Supreme Court in support of attorney Jeffery M. Leving’s Petition for Writ of Certiorari. Leving filed the Petition for Writ of Certiorari on behalf of Daryl Hendrix, a Topeka sperm donor, to protect Daryl’s constitutional rights to parent his twin children.

Mr. Hendrix donated his genetic material to attorney Samantha Harrington, who conceived their twins who are now three years-old.  The case explores vast uncharted territory in the law where there have been inconsistent rulings on the rights and obligations of sperm donors from one court to another in this nation. “This case will have significant ramifications on the future of fathers’ rights and reproductive technology. When we reach a point in society when a father has been reduced to nothing more than a genetic vending machine, then we have reached a point of hopelessness for our children. We should be encouraging fathers to be constant figures in their children’s lives instead of legally baring their fundamental human right to parent,” states Leving, “we must not forget that any man’s loss of his children diminishes mankind,” he added.

Mr. Hendrix initially petitioned the Shawnee County District Court in Kansas to afford him parental rights and provide for his son and daughter financially. Ms. Harrington countered by filing a paternity action. Mr. Hendrix maintains that he and the mother, Ms. Harrington, had an oral agreement to co-parent their children together. Both of those cases were dismissed by a district court judge, prompting Hendrix to appeal the decision in the Kansas Supreme Court. The Kansas Supreme Court decided, 4-2, that a sperm donor must have a written agreement with the mother in order to exercise any parental rights. That decision annihilated Daryl’s inherent rights as a father and treads dangerously on redefining fatherhood.

On Monday, March 17, 2008, attorneys for Hendrix appealed to the United States Supreme Court, asking for the ruling of the Kansas Supreme Court to be overturned. This appeal will clearly be a landmark case that will determine the future of reproductive technology, alternative child conception, and advancement of fathers’ rights. “Mr. Hendrix’s case deserves to be heard in our nation’s highest court and their decision can guide the future of reproductive technology. We want to make sure that Mr. Hendrix’s children know that they have a father who loves them, who will support them emotionally and financially. We want the children to know that they have a father who will spend time with them and help to raise them and that they did not just spring out of a test tube,” states Andrey Filipowicz, co-counsel with Jeffery M. Leving.

In a similar case in Pennsylvania, the Pennsylvania Supreme Court ruled that the verbal agreement between the sperm donor and the mother was “valid on its face” and that ‘Biological parents cannot waive the interests of a child — a third party — who has an independent "right" to support from each one of them.’ The Court ordered the sperm donor to pay over $1500 a month in child support, even though he was not named as the father on the birth certificate of the children. A British Court had a similar finding in the case of a man who donated his sperm to a lesbian couple.

Attorney Jeffery M. Leving states, “The legal system has not kept current with science and reproduction technology and its effects on the changing American family. The U.S. Supreme court now has the opportunity to correct this flaw in our judicial system and protect an important relationship between a loving father and his children”.  Leving is a nationally renowned litigator, advocate of fathers’ rights and founder of dadsrights.com.

For more information on the case and all media inquiries, please contact Carrie Klepzig at 312-807-3990, ext. 255 or 312-730-5864 (mobile).


Special court for vets addresses more than crime
Court Watch | 2008/07/06 08:48
The first clue that the Tuesday afternoon session in Part 4 of Buffalo City Court is not like other criminal proceedings comes just before it starts.

Judge Robert Russell steps down from his bench and from the aloofness of his black robe. He walks into the gallery where men and women accused of stealing, drug offenses and other non-violent felonies and misdemeanors fidget in plastic chairs.

"Good afternoon," he says, smiling, and talks for a minute about the session ahead.

With the welcoming tone set, Russell heads back behind the bench, where he will mete out justice with a disarming mix of small talk and life-altering advice.

While the defendants in this court have been arrested on charges that could mean potential prison time and damaging criminal records, they have another important trait in common: All have served their country in the military.

That combination has landed them here, in veterans treatment court, the first of its kind in the country.

Russell is the evenhanded quarterback of a courtroom team of veterans advocates and volunteers determined to make this brush with the criminal justice system these veterans' last.



Thousands protest against Thai police
International | 2008/07/06 08:47
Thousands of people protested in front of Thailand's national police headquarters Monday to demand action on long-pending legal cases against ousted Prime Minister Thaksin Shinawatra.

The demonstrators, led by the People's Alliance for Democracy, accused police of protecting Thaksin and his loyalists against prosecution by stalling their investigations.

Thaksin was toppled in a bloodless military coup in 2006 following months of street protests led by the alliance. Critics accused the former leader of corruption and abuse of power.

Thaksin returned from exile earlier this year, vowing to clear his name in court.

More than 3,000 protesters gathered in front of the police headquarters in downtown Bangkok, near three of the country's most expensive shopping malls.

"I come to police headquarters to ask you why you have been sitting on the cases against Thaksin and his followers. These cases are moving nowhere," Sondhi Limthongkul, an alliance leader, shouted through a loudspeaker. "We are here to ask you to do your duty."



Court orders YouTube to give Viacom video logs
Breaking Legal News | 2008/07/05 08:50
Dismissing privacy concerns, a federal judge overseeing a $1 billion copyright-infringement lawsuit against YouTube has ordered the popular online video-sharing service to disclose who watches which video clips and when.

U.S. District Judge Louis L. Stanton authorized full access to the YouTube logs after Viacom Inc. and other copyright holders argued that they needed the data to show whether their copyright-protected videos are more heavily watched than amateur clips.

The data would not be publicly released but disclosed only to the plaintiffs, and it would include less specific identifiers than a user's real name or e-mail address.

Lawyers for Google Inc., which owns YouTube, said producing 12 terabytes of data — equivalent to the text of roughly 12 million books — would be expensive, time-consuming and a threat to users' privacy.

The database includes information on when each video gets played, which can be used to determine how often a clip is viewed. Attached to each entry is each viewer's unique login ID and the Internet Protocol, or IP, address for that viewer's computer.

Stanton ruled this week that the plaintiffs had a legitimate need for the information and that the privacy concerns are speculative.

Stanton rejected a request from the plaintiffs for Google to disclose the source code — the technical secret sauce — powering its market-leading search engine, saying there's no evidence Google manipulated its search algorithms to treat copyright-infringing videos differently.



Judge sentences ex-Refco CEO to 16 yrs in prison
Securities | 2008/07/03 11:35

The former chief executive of Refco Inc. was sentenced Thursday to 16 years in prison for a financial cover-up that brought down one of the world's largest commodities brokerages. Phillip Bennett, 59, a British citizen living in Gladstone, N.J., had previously pleaded guilty to conspiracy to commit securities fraud and other charges.

Bennett said he didn't meant to hurt anyone. His voice cracked when he apologized to his family for their "unimaginable agony."

U.S. District Judge Naomi Reice Buchwald imposed the sentence, saying the 20 separate crimes Bennett admitted he had committed and the $1.5 billion in losses he had caused were enough to explain it.

"To sentence you, I don't have to paint you as a monster and I have no intention of doing so," Buchwald said. But she said Bennett and others like him who break the law in their zeal to be among the world's richest people are "staggeringly arrogant."

"You and others like you play a truly high stakes poker game," Buchwald said.

Prosecutors had asked that Bennett be sentenced to between 16.5 and 22 years in prison. The judge told Bennett to remain at his New Jersey home until he reports to prison on Sept. 4. She rejected a request by prosecutors that he be sent to prison immediately.

Refco went public in August 2005. It filed for bankruptcy just weeks later -- after disclosing that a $430 million debt owed to Refco by a firm controlled by Bennett had been concealed. The disclosure caused Refco's stock value to plummet.



Judge: IRS can seek tax info from Swiss bank
Tax | 2008/07/03 09:26
A federal judge agreed Tuesday to allow the IRS to serve legal papers on Swiss banking giant UBS AG in an expanding investigation into U.S. taxpayers who may have used overseas accounts to hide assets and avoid taxes. The order from U.S. District Judge Joan Lenard came one day after the Justice Department requested authority for the IRS to issue "John Doe" summons to UBS. The summons are used in IRS tax fraud investigations when the identity of the people involved isn't known.

Lenard said in a two-paragraph order that based on the government court filings, "there is a reasonable basis for believing such a group or class of persons may fail or may have failed to comply" with U.S. tax laws.

The summons will allow the IRS to obtain information about American taxpayers who have UBS accounts but did not file required forms detailing their taxable income.

"The order clears the way for the IRS to take the next steps against wealthy individuals who don't pay their taxes," said IRS Commissioner Doug Shulman in a written statement. "People with hidden foreign accounts can no longer rest easy."

UBS has said it is cooperating with Swiss and U.S. investigations and will disclose records involving U.S. clients who might have broken tax laws.

"As we have noted, UBS takes this matter very seriously and is working diligently with both Swiss and U.S. government authorities, consistent with Swiss law and the legal frameworks for intergovernmental cooperation and assistance," UBS said in a statement Tuesday.

U.S. taxpayers are required to report all foreign financial accounts if their total value exceeds $10,000 at any point during a given year, prosecutors said. Failure to report the accounts can result in a penalty of up to 50 percent of the amount in the accounts.

The Justice Department requested the summons after former UBS private banker Bradley Birkenfeld, 43, pleaded guilty in a Florida federal court to defrauding the IRS. Birkenfeld, who is cooperating with investigators, said in court that UBS has about $20 billion in assets in undeclared accounts for U.S. taxpayers.

Prosecutors said Birkenfeld and others helped California billionaire Igor Olenicoff hide $200 million in assets overseas. Olenicoff, who controls a real estate empire, pleaded guilty last year to tax charges and agreed to pay the IRS more than $52 million.



W.Va. Gov. seeks review of $400M DuPont case
Business | 2008/07/03 08:23
Gov. Joe Manchin wants the West Virginia Supreme Court to clarify whether DuPont has the right to be heard as it appeals $196.2 million in punitive damages, about half the amount a jury awarded in a case involving health threats from a former zinc smelting plant.

The lead attorney for the plaintiffs on Wednesday called the governor's action unprecedented.

"I've never seen anything like this," said Florida lawyer Michael Papantonio. "This just further delineates how badly the deck is stacked in West Virginia against people trying to recover when they're taking on DuPont. It's stacked against people who have been wronged by corporate America."

The jury in Harrison County Circuit Court last fall awarded damages totaling nearly $400 million to residents living near the former plant in Spelter. The plaintiffs argued the chemical giant spent decades downplaying and lying about health threats from arsenic, cadmium and lead that contaminated air, soil and water.

Punitive damages are designed to deter future misconduct, and the jury ruled that DuPont had engaged in wanton, willful and reckless conduct in its operation of the smelter. Non-punitive damages included $130 million to fund a 40-year health screening plan to monitor plaintiffs for any ailments related to exposure to chemicals.

Last week, DuPont appealed the entire verdict, arguing it has been unfairly punished for doing the right thing at the site and for the community. The state Supreme Court, which is in summer recess, has not yet indicated whether the appeal will be heard.

In a "friend of the court" brief filed last week, Manchin urged the justices to clarify what sort of appellate review is to be afforded DuPont under its constitutional right to due process. His lawyers cited a 2003 U.S. Supreme Court decision to argue that the 14th Amendment guarantees appeals of punitive damages.



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