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Nossaman merges with D.C.-based law firm
Legal Business | 2008/06/30 04:41

Nossaman Guthner Knox & Elliott LLP plans to merge with O'Connor & Hannan LLP.

O'Connor & Hannan LLP, a D.C.-based firm with 23 attorneys and lobbyists at 1666 K St. NW, will rename as Nossaman LLP/O'Connor & Hannan and have more than 150 attorneys and lobbyists in eight offices. The merger takes effect Tuesday.

Los Angeles-based Nossaman will add D.C. to its list of locations, which includes Arlington County and offices in Austin, Texas, and a handful of cities in California.

Recently brought together through several joint new business proposals, the two firms found similarities in environmental law, government relations and infrastructure.

"The attorneys joining Nossaman add another dimension to our core practice areas and to the services we can offer our clients at the federal level," said Michael Heumann, managing partner at Nossaman. "We are further differentiating ourselves from other mid-sized California law firms and offering our clients something new."

Next month, Nossaman's D.C. office will elect members to the firm's executive and compensation committees.

Timothy Jenkins, a legislative advocate with 51-year-old O'Connor & Hannan, will become chairman of Nossaman's national government relations practice group.



Summaries of leading Supreme Court rulings
Breaking Legal News | 2008/06/29 08:39

Brief summaries of the rulings from the leading cases before the Supreme Court in its just-ended term:

GUN BAN

Ruled that Americans have a right to own guns for self-defense and hunting. It was the justices' first major pronouncement on gun rights in history. The 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms laws intact. Within two days, lawsuit were filed in San Francisco and Chicago challenging similar handgun bans.

The court had not conclusively interpreted the amendment since its ratification in 1791. The amendment reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.

Writing for the majority, Justice Antonin Scalia said an individual right to bear arms is supported by "the historical narrative" both before and after the amendment was adopted. The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns. Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas.



Texas high court rules exorcism protected by law
Court Watch | 2008/06/28 08:46
The Texas Supreme Court on Friday threw out a jury award over injuries a 17-year-old girl suffered in an exorcism conducted by members of her old church, ruling that the case unconstitutionally entangled the court in religious matters.

In a 6-3 decision, the justices found that a lower court erred when it said the Pleasant Glade Assembly of God's First Amendment rights regarding freedom of religion did not prevent the church from being held liable for mental distress triggered by a "hyper-spiritualistic environment."

Laura Schubert testified in 2002 that she was cut and bruised and later experienced hallucinations after the church members' actions in 1996, when she was 17. Schubert said she was pinned to the floor for hours and received carpet burns during the exorcism, the Austin American-Statesman reported. She also said the incident led her to mutilate herself and attempt suicide. She eventually sought psychiatric help.

But the church's attorneys had told jurors that her psychological problems were caused by traumatic events she witnessed with her missionary parents in Africa. The church contended she "freaked out" about following her father's life as a missionary and was acting out to gain attention.

The 2002 trial of the case never touched on the religious aspects, and a Tarrant County jury found the Colleyville church and its members liable for abusing and falsely imprisoning the girl. The jury awarded her $300,000, though the 2nd Court of Appeals in Fort Worth later reduced the verdict to $188,000.

Justice David Medina wrote that finding the church liable "would have an unconstitutional 'chilling effect' by compelling the church to abandon core principles of its religious beliefs."

But Chief Justice Wallace Jefferson, in a dissenting opinion, stated that the "sweeping immunity" is inconsistent with U.S. Supreme Court precedent and extends far beyond the Constitution's protections for religious conduct.



After-tax incomes and spending show big gains
Tax | 2008/06/27 11:03
Millions of economic stimulus payments sent after-tax incomes surging in May by the largest amount since a similar recession-fighting effort by Gerald Ford 33 years ago.

All the extra money helped to push consumer spending up by the largest amount in six months, but economists warned the boost would likely prove short-lived given all the other problems facing consumers at present.

The Commerce Department reported Friday that after-tax disposable incomes jumped by 5.7 percent in May, the biggest one-month gain since a 6.3 percent increase in May 1975 when Ford was president. He was fighting a recession that year with a program to mail individual taxpayers $50 checks.

This time around individual payments range from $300 to $600 with couples getting up to $1,200. In all, $48.1 billion in rebate payments were made in May and through this week, the government announced Friday, payments total $78.3 billion — three-fourths of the $106.7 billion scheduled to be paid to 130 million households. The payments are to be completed by mid-July.



O.J.: Anybody else wouldn't be going to court
Criminal Law | 2008/06/27 10:02
O.J. Simpson says an ambitious Nevada prosecutor is pressing a kidnapping and armed robbery case against him that he says even the alleged victims don't want to pursue.

"If I was anybody else, I wouldn't be going to court," Simpson told a reporter for Fargo, N.D., radio station KFGO who interviewed him late Tuesday at a Fargo cigar bar. Simpson was vacationing in eastern North Dakota and northwestern Minnesota.

"How many trials have you ever heard of where both of the victims say they don't want this guy to go to jail, they don't want to go to court, and you still go to court?" Simpson asked. "It's only me.

"But unfortunately for me," Simpson said, "I got like a bull's eye on my front, dollar sign on my back, you get involved with people who want to be governor and stuff."

Clark County District Attorney David Roger declined comment.

Simpson's lawyer, Yale Galanter, said Thursday that Simpson was venting his frustration about facing trial Sept. 8 in Las Vegas on charges carrying the possibility of prison time.

"I think O.J.'s comments show how totally frustrated he is over this incident that involves family heirlooms that were stolen from him by some very nefarious characters," Galanter said.

Galanter also downplayed Simpson's comments about the prosecutor, saying that he had the "utmost respect" for Roger and another prosecutor in the case, Chris Owens.

"I have no reason to believe their motives in this case have been anything less than ethical and honorable," Galanter said.

Simpson and two co-defendants, Ehrlich and Clarence "C.J." Stewart, have pleaded not guilty to kidnapping, armed robbery and assault with a deadly weapon charges stemming from allegations they robbed two sports memorabilia dealers in a Las Vegas casino hotel room last September. Simpson has denied any guns were involved.

A kidnapping conviction carries the possibility of life in prison with the possibility of parole. An armed robbery conviction would mean mandatory prison time.



NY appeals court upholds death penalty verdict
Court Watch | 2008/06/27 08:57
A federal appeals court in Manhattan has upheld the death sentence for Donald Fell, who killed a Vermont supermarket worker as she prayed for her life.

It's the first time since the 1960s that the 2nd U.S. Circuit Court of Appeals has ruled on whether to uphold the death penalty for an individual.

Fell is on death row in Terre Haute, Ind. He was the first man sentenced to death in Vermont in almost 50 years.

He was convicted of carjacking and kidnapping. Terry King was driven to upstate New York, then beaten and kicked to death, in November 2000.

Before that, Fell and an accomplice killed his mother and her companion in Rutland, Vt.



Court denies Gatlin's appeal on Olympic trials
Law Center | 2008/06/27 08:00
Justin Gatlin's pursuit of Olympic gold in Beijing is really over now. His fight against the powers that banned him from the games — well, that will be more like a marathon than a sprint.

The defending Olympic 100-meter champion lost his appeal Thursday to run in the U.S. Olympic track trials and said he will not take the case to the Supreme Court, meaning there are no more back doors or last-second maneuvers that could land him in China in six weeks.

But he will continue to seek monetary and other damages from the U.S. Olympic Committee, the U.S. Anti-Doping Agency and other defendants, saying they discriminated against him because his first doping violation, in 2001, was for taking prescribed medication to treat attention deficit disorder.

Because that penalty was on the books, his second violation in 2006 triggered the suspension that has barred him from Beijing.

Earlier this month, the Court of Arbitration for Sport upheld that ban.

In the lawsuit, Gatlin said banning him from Olympic trials violated his rights under the Americans with Disabilities Act. Gatlin claims he has never intentionally doped.



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