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EPA dropped wetlands cases after high court ruling
Environmental | 2008/07/08 06:00
The Bush administration didn't pursue hundreds of potential water pollution cases after a 2006 Supreme Court decision that restricted the Environmental Protection Agency's authority to regulate seasonal streams and wetlands.

From July 2006 through December 2007 there were 304 instances where the EPA found what would have been violations of the Clean Water Act before the court's ruling, according to a memo by the agency's enforcement chief.

Officials "chose not to pursue formal enforcement based on the uncertainty about EPA's jurisdiction," according to the memo, which was released Monday by two Democratic House committee chairmen.

The EPA also chose to "lower the priority" of 147 other cases because it was unclear whether the intermittent streams, swamps and marshes flowed into navigable waterways.



Next round begins in Guantanamo Bay court fight
International | 2008/07/08 04:59
Bush administration lawyers are heading to court to begin defending an estimated 200 lawsuits by Guantanamo Bay detainees.

Tuesday's hearing is the first hearing since the Supreme Court ruled last month that detainees can challenge their imprisonment in civilian courts. Officials are expecting hundreds of lawyers and spectators to attend.

Judges will eventually review the government's evidence and decide whether detainees are being lawfully imprisoned. The key issue Tuesday is when that review will begin.

The Justice Department proposes eight weeks to begin filing the evidence. Lawyers for the detainees say it should be faster.



Jeffery Leving to Deliver Keynote Speech
Events and Seminars | 2008/07/07 09:46
‘Dads Make A Difference’ is the theme of the 2008 annual conference hosted by The Fathers & Families Coalition, Inc.’s Get F.I.T.  (Southwestern Fatherhood Institute Training). The conference will be held July 8 & 9 in Tucson, Arizona. The mission of the FFCA is to enhance the capacity of service providers throughout the nation, so they will be better equipped to effectively serve fathers, mothers and children. In doing so, the FFCA is able to improve the outcomes for children, through healthy father and family interaction.  Chicago attorney Jeffery M. Leving will deliver the keynote speech at the conference on Wednesday, July 9th, at 12 pm.

“Any man’s loss of a child diminishes mankind,” commented Leving, “we must educate the public on the vital importance of the relationship between father and child, he added. The theme of this year’s conference is ‘Dads Make A Difference’. A father’s absence hurts. The lack of a father’s presence in the life of a child is linked to substance abuse, teen pregnancy, promiscuity and a host of other issues that greatly lessen the child’s chance at a successful and prosperous life.

Mr. Leving has long held the belief that fathers who are armed with the proper parenting tools and resources will raise healthier children. Leving is the author of “Fathers’ Rights”, co-authored The Illinois Joint Custody Law, and has been a tireless crusader of the advancement of fathers’ rights in America’s courtrooms. The Law Offices of Jeffery M. Leving, Ltd. represents fathers across the globe, ensuring that fathers remain strong and vital influences in the lives of their children. For more information about fathers’ rights, please visit www.dadsrights.com.

In addition to Mr. Leving, some of the other facilitators of the conference will include;

•    Richard Claytor- Director of Fatherhood Initiatives for the Massachusetts Department of Revenue, Child Support Enforcement Division (CSE).
•    Juanita Mendez, Ph.D., of San Francisco, CA; completed a qualitative study entitled “The Meaning of Fatherhood to Long-Term Incarcerated African-American Men”.
•    Garry A. Mendez Jr. Ph.D. is the founder and director of the National Trust for the Development of African-American Men, in the DC area. Dr. Mendez authored a significant study of Incarcerated Men and Their Children. He is a nationally recognized force in the field of African-American men, incarceration, criminal justice and health as it effects those populations.
•    Newt McDonald, M.Ed.-Newt is an instructor in the Child Development Department at Merritt College in Oakland, CA. He is co-director of the Preschool Lab School. A longtime member of the Bay Area Male Involvement Network (BAMIN), he has developed male involvement programs for a number of community-based agencies in the San Francisco Bay Area.
•    Pamela Wilson, MSW- Ms. Wilson has consulted with Public/Private Ventures on their Young Unwed Fathers Pilot Project. Ms. Wilson consulted with P/PV (Public/Private Ventures) on their Young Unwed Fathers’ Pilot Project and co-authored Fatherhood Development: A Curriculum for Young Fathers’, among other numerous positions with non-profits.

The conference will host professionals and fathers from 15 different states, showing the growing presence of organizations committed to the education and uplifting of fathers in America and the effect they are having on men, women and children across the U.S. There is limited seating still available. For more information about the conference, please visit www.axffc.org. Press inquiries should contact Carrie Klepzig at 312-730-5864(mobile) or 312-807-3990.


Coca-Cola settles lawsuit for $137.5 million
Securities | 2008/07/07 08:50
The Coca-Cola Co., the world's largest beverage maker, has agreed to pay $137.5 million to settle a shareholder lawsuit that claimed company officials misrepresented or omitted information in public statements, causing the company's stock price to be inflated.

The Atlanta-based company did not admit any wrongdoing in settling the suit filed in U.S. District Court in Atlanta, according to the agreement dated June 26 and entered July 3.

The court has preliminarily approved the settlement and scheduled a settlement fairness hearing for Oct. 20.

The lead plaintiffs in the suit were the Carpenters Health & Welfare Fund of Philadelphia & Vicinity and Local 144 Nursing Home Pension Fund, now called 1199 SEIU Greater New York Pension Fund.

The class represented by the plaintiffs included all persons who bought Coca-Cola stock between Oct. 21, 1999 and March 6, 2000.



After DC gun ban overturned, city seeks new rules
Legal Business | 2008/07/07 08:48
Dale Metta, who manages a gun shop just outside the District of Columbia limits in Maryland, has had to turn away dozens of city residents wanting to buy handguns in recent days. Never mind that the U.S. Supreme Court just struck down Washington's 32-year-old ban on possessing handguns.

"I'd like to sell anything I have," said Metta. But he won't just yet — not until the city draws up new regulations.

The Supreme Court's decision June 26 rebuffed the strictest gun law in the nation.

The National Rifle Association called it "a great moment in American history." But prospective gun buyers and sellers said they remain on hold, awaiting the response of D.C. officials who are scrambling to draft new handgun regulations that comply with the court ruling.

"There's nothing we can do until we know what they will do," Metta said.

Metta, manager of Atlantic Guns in Silver Spring, Md., said his store fielded about 75 calls from D.C. residents after the ruling. Other gun shops outside the city — which has no shops of its own — also received calls. They, too, were turning prospective buyers away.

Writing for a 5-4 majority, Justice Antonin Scalia said: "We hold that the District's ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense."

Washington's gun ban took effect in 1976 and essentially outlawed private ownership of handguns in a city struggling with violence.



R.I. lead paint loss gives industry huge win
Breaking Legal News | 2008/07/07 08:47
Communities and child health advocates around the country had pinned their hopes on Rhode Island prevailing in its landmark lawsuit against the lead paint industry.

Now, after the state Supreme Court threw out the first-ever jury verdict finding former lead paint companies liable for creating a public nuisance, at least one city says it's rethinking a similar lawsuit against the industry, and one of the lawyers in the Rhode Island case predicted the decision would have a "devastating" effect on national efforts to hold the manufacturers accountable for their products. Still, other lawyers with pending cases say they're not deterred.

"There's no question about it, that the Supreme Court of Rhode Island has stopped any progress nationally to get justice for lead-poisoned kids," said Jack McConnell, a lawyer who represented the state and is involved in other lawsuits over lead paint. "It has a devastating effect on progress nationwide."

The 2006 verdict against Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC had been the only victory against the industry. It gave advocates hope for future success even though courts around the country have more recently rejected similar suits against the companies.

But the Supreme Court's opinion last week seemed to underscore the difficulty in successfully suing the industry, and other states and communities tracking Rhode Island's case could be less inclined to take up a costly court fight with uncertain prospects of victory.



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).


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