|
|
|
European Court condemns France over gay adoption
International |
2008/01/24 08:38
|
The European Court of Human Rights has ruled that France discriminated against a lesbian woman by preventing her from adopting a child. The nursery school teacher, 45, has lived with the same female partner for nearly 20 years. But she was turned down by French authorities who stressed the absence of a father figure. In Strasbourg however, the European Court condemned France, which, like many other countries, does allow unmarried people to adopt.
A majority ruling, by 10 votes to seven, found that article 14 of the Human Rights Convention combined with article 8 had been violated. The French state was ordered to pay the woman 10,000 euros in damages.
Article 14 forbids discrimination. Article 8 provides for the right to respect for one's private and family life. This is a victory that could have an impact on gay adoption laws in countries across Europe.
That is because, from now on, France and all other member nations of the Council of Europe will no longer be able to refuse adoption to a single person because of their homosexuality.
However, adoption by gay couples remains illegal in France, unlike nine European countries where it is permitted - Germany, Belgium, Denmark, Spain, Iceland, Norway, the Netherlands, the United Kingdom and Sweden.
Spanish gay couples, for example, benefit from the same rights as heterosexual couples regarding their children, because, legally, they are their parents.
In France, where homosexual marriage is not allowed, adoption by a lesbian or gay person could now be possible.
But there remains the question of their partner's status. For, legally, the companion would have no rights over the child, not being recognized as his or her parent. |
|
|
|
|
|
IRS says Enron stock can't be deducted as theft losses
Tax |
2008/01/24 07:48
|
Q: We still own Enron stock and qualify for the reimbursement package that was mailed to investors this week. My question: Can we deduct the losses not covered by the reimbursement as theft losses on our taxes next year? At what point does a capital loss become a theft loss? A: No, you cannot deduct as theft losses the amount you invested in Enron stock that is not covered by the reimbursement. The Internal Revenue Service stated in an April 19, 2004, notice that it would "disallow such deductions and may impose penalties" on taxpayers who claimed theft loss deductions for "the decline in market value of their stock caused by disclosure of accounting fraud or other illegal misconduct of the officers or directors of the corporation that issued the stock." The tax code limits losses for individuals to: • Losses incurred in a trade or business. • Losses incurred in any transaction entered into for profit outside of a trade or business, which are called capital losses. • Losses of property not connected with a trade or business or a transaction entered into for profit, if such losses arise from theft or casualties, such as fire, storm and shipwreck, which are called theft or casualty losses. In its notice, the IRS cites several judicial rulings that have found that capital losses do not become theft losses, even when a stock becomes worthless because of "corporate officers misrepresenting the financial condition of the corporation, even when the officers were indicted for securities fraud or other criminal violations." You can challenge that determination by filing a lawsuit and proving in court that the "loss resulted from a taking of property that is illegal under the law of the state where it occurred and that the taking was done with criminal intent." Otherwise, claim a capital loss. Capital losses are deducted first from capital gains, and then again up to $3,000 of other income. Any amounts of the loss remaining can be carried over into future tax years. A carry-over loss may be deducted from capital gains in later years plus up to $3,000 of ordinary income. |
|
|
|
|
|
Ex-Ill. Gov Appeals to US Supreme Court
Political and Legal |
2008/01/24 05:39
|
Former Illinois Gov. George Ryan asked the U.S. Supreme Court on Wednesday to reverse his racketeering and fraud conviction, claiming he did not receive a fair trial. Ryan's lawyers said in a petition to the court that the trial judge replaced two jurors with alternates after deliberations in the case had already begun. "The manipulation of the jury's composition deprived the petitioners of the fundamental right to a fair trial by an impartial jury," Ryan's petition said. The jurors' opinions on the case were already known when trial Judge Rebecca R. Pallmeyer replaced two of them for omitting mention of their police records on pretrial questionnaires, the petition says. The 7th U.S. Circuit Court of Appeals, which upheld Ryan's conviction, erred in not seeing that the jury irregularities ruined any chance the trial would be fair, the petition read. The petition asks the Supreme Court, which turns away most appeals, to consider the case. A message left at the office of U.S. Attorney Patrick Fitzgerald on Wednesday night was not immediately returned. The Supreme Court may be the last stop in the long quest by the former governor to get out from under his conviction and the 6 1/2-year sentence he is serving in a federal prison. Ryan, who turns 74 next month, was convicted of steering lucrative leases and contracts to lobbyists and cronies in exchange for valuables ranging from vacations in Jamaica and Mexico to a free golf bag. He was also convicted of using state workers and money to run his campaigns and of quashing an investigation into bribes paid in the secretary of state's office in exchange for drivers licenses. Joining Ryan in the petition was businessman Larry Warner, who made millions of dollars in state leases and contracts from the secretary of state office Ryan held before being elected governor. |
|
|
|
|
|
Busy judge pulls plug on stock option class action
Legal Spotlight |
2008/01/24 04:46
|
More than a year after Madison County Circuit Judge Daniel Stack took under advisement a defense motion for summary judgment in a stock options class action case, he reluctantly granted it. On Jan. 22, Stack ruled that there were no genuine issues of material fact for which any evidence could be produced in a five-year-old case against CyberSource Corp.
"The law of Illinois makes it very clear that resolution of any issue by the means of summary judgment is considered a drastic measure and it is certainly a disposition that this Court is reluctant to impose," Stack wrote.
Stack has had the case under advisement since Dec. 7, 2006, and apologized that it took him so long to reach his decision.
"This court's trial docket during the past year (which included asbestos, Vioxx, and manganese poisoning from welding rods) coupled with an extremely crowded motion docket (many of which required priority due to the types of injuries and/or imminent deaths of many of the litigants) caused this matter to be given lower priority," Stack wrote.
"Those factors do not, however, alleviate this court's regret for the length of this delay for which the parties and their counsel are begged their pardon."
Stack had to decide whether computer engineer Brian Wilgus tried to exercise stock options on his job.
Wilgus says he tried but his employer, CyberSource, thwarted him.
CyberSource argued that Wilgus never tried and its attorney Alan Goldstein asked Stack to grant summary judgment for lack of any issue of fact.
Wilgus filed a class action against CyberSource in 2002, claiming his employer's delays rendered the options worthless.
He moved to represent about 80 plaintiffs who worked for PaylinX Corporation when it merged into CyberSource, in 2000. CyberSource agreed to class certification.
PaylinX made software for payment transactions. CyberSource provides computer systems for Internet transactions.
At a hearing Goldstein argued that Wilgus could not complain about profit he could have earned.
"If you don't buy the stock you can't earn the profit," Goldstein said.
Howard Becker, representing Wilgus, said at the hearing, "This is a case about a promise made and a promise broken.
"The promise made was, if we merge with another company your stock options will become exercisable in full if you stay with the company.
"The employer did not make all options exercisable in full at the time of the merger," he said. "Instead they delayed for four months."
In his order, Stack wrote, "It has been this Court's experience the cases in which the law appears to be clearly against the Court's own sense of fairness are always the most difficult to decide."
"This is such a case," he added.
Stack said the class action is for breach of contract only and the contract consists of three documents that make up the stock option.
"The plaintiff's claims that he was lured into failing to exercise those options according to their own terms because of a belief that such manner of exercise would be futile, while evoking great sympathy by this court, appear to be immaterial to the issues in this case," Stack wrote.
Stack ruled that there was no count or claim for any equitable remedy, nor any apparent claim for the declaration of an equitable estopple regarding the enforcement of the written and signed documents.
He also ruled that all of the proposed evidence Wilgus supplied are "hearsay" statements which might be admissible as "statements adverse to the defendant made by the defendant," if Wilgus could attribute them to someone who could be held responsible.
"Furthermore, the plaintiff admits to not even having made the effort to exercise his stock options according to the contractual terms; when, had he or other class members done so and been rejected it certainly would have lent efficacy to his claim," Stack wrote.
Stack also ruled that all of the evidence constitutes "parole" evidence which is outside the "four corners of the contract documents" and could only be admissible to allegations of ambiguity or fraud.
"What appears by the allegations of the plaintiff, even when all taken as true for purposes of this motion, is that the plaintiff discovered, after the fact, that he could have exercised those stock options at a lower price and subsequently resold the stock at a nice profit (hindsight is almost always 20/20)," Stack wrote.
"There appears to be no sufficient evidence for the plaintiff to proffer at trial that would be admissible for consideration by the court or the jury," Stack adds. "As such, it is apparent that there exists no genuine issue of a material fact for which any evidence can be produced." |
|
|
|
|
|
Law firm creates climate change group
Legal Business |
2008/01/24 03:41
|
Law firm Stinson Morrison Hecker has marshaled some of its lawyers from different specialties to form the Climate Change Practice Group. The group's members include David Bengtson, Stinson's Wichita managing partner, as well as 29 other lawyers in five of Stinson's eight offices across the country. Mark Johnson, practice leader of the climate change group and a lawyer practicing in environmental law, said several factors led the Kansas City, Mo.-based firm to form the practice group. Those include client needs and an increasing focus at the state and federal levels on climate change legislation. The idea solidified when Johnson attended a seminar on the Clean Air Act last year in Washington, D.C. "It seemed like the discussions were dominated by climate change," he said. Legislation in Congress, such as the America's Climate Security Act, whichaims to cut greenhouse gas emissions, will likely have an impact on business, Johnson said. A bill has been introduced in the Missouri Legislature that would require greenhouse gas emissions reporting and also calls for greenhouse gas reductions. And in Kansas, Sunflower Electric Power Corp., which wants to build two coal-fired power plants, is battling state regulators over the potential of carbon dioxide emissions. "I think it's really a reaction to the changing legal environment... in which all of our clients operate," Bengtson said of the creation of the practice group. Johnson and Bengtson, who specialize in the oil and gas industry, said the lawyers in the practice group specialize in several areas, including securities law, corporate law and real estate. Bengtson and Johnson think Stinson is the first firm in Kansas and Missouri to create a practice group representing businesses affected by climate change issues. Local law firm officials said they are not aware of other firms forming similar practice groups, though there are lawyers in the Wichita area who specialize in environmental law. Nationally, there are firms that have similar environment-focused practice groups, including Hogan & Hartson in Washington, D.C., and Perkins Coie in Seattle. |
|
|
|
|
|
Florida asks court to restore sales ban
Insurance |
2008/01/24 03:40
|
The Florida Office of Insurance Regulation on Wednesday asked a court to reinstate its prohibition against Allstate Corp. selling new policies in the state.
Florida Insurance Commissioner Kevin McCarty last week suspended Allstate after he said it defied subpoenas seeking materials showing how it sets prices and resolves claims. "Allstate has continued to do everything it can to keep from providing the documents," he said in a statement Wednesday.
Allstate will "continue to provide the documents requested in the subpoenas," said spokesman Adam Shores. "Our agents are open for business."
The background: Northbrook-based Allstate won emergency approval Jan. 18 from a state court in Tallahassee to resume selling coverage after filing a motion saying the regulator "abused its power by issuing an emergency order that is intended to function as a punitive stick." McCarty's office was given 10 days to explain why Allstate's license should be suspended. |
|
|
|
|
|
Former CIM correctional officer pleads guilty to perjury
Court Watch |
2008/01/24 01:43
|
An ex-Chino prison officer has pleaded guilty to lying to a federal grand jury investigating misconduct by another officer. Linda Diane Sherrow faces up to five years in prison when she returns for sentencing April 21 in U.S. District Court in Los Angeles. The former California Institution for Men correctional officer entered the guilty plea to perjury Wednesday. The 49-year-old Sherrow lied to the grand jury in 2004. The panel was investigating fellow officer Shayne Ziska, who had helped inmates associated with the Nazi Low Riders prison gang. Ziska was eventually sentenced to more than 17 years in prison for racketeering and civil rights allegations. |
|
|
|
|
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. |
Law Firm Directory
|
|