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Calif. Supreme Court takes 'gay marriage' case
Court Watch |
2006/12/29 12:21
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The California Supreme Court announced Dec. 20 it would take up a much-publicized gay marriage case. The decision to accept the case was unanimous among the court's seven justices, although a date for oral arguments has yet to be set. Conservative groups had hoped the court would decline the appeal and allow a lower court ruling against gay marriage to stand. At issue is a California law passed by voters in 2000 that protects the natural, traditional definition of marriage. Known as Proposition 22, it passed with 61 percent of the vote. “The people of California spoke in 2000, and the people’s voice should be heard," Glen Lavy, an attorney with the Alliance Defense Fund, said in a statement. ADF supports allowing the current law to stand. “Political special interests shouldn’t trump their voice regarding what’s in the best interests of families and children. This is the question the California courts will ultimately be deciding: Who is more important—our children and the voice of the people or politicians and special interest groups?" Massachusetts remains the only state to recognize gay marriage, although Maryland's highest court heard a gay marriage case in December and could issue a decision in early 2007. Also, Connecticut's highest court is considering whether to accept an appeal of a gay marriage case. The California Supreme Court's announcement further highlights a divide among conservative groups over a proposed constitutional marriage amendment. Conservatives had hoped to place an amendment prohibiting gay marriage on the ballot in 2006, but could not agree on the proposal's language. They subsequently divided into two competing groups and began gathering signatures. In the end, though, both amendments fell short of the requirement. That division could prove to be significant. The California court likely will rule on the issue before an amendment can be placed on the ballot. If the court legalizes gay marriage, any statewide campaign to adopt a marriage amendment could be much tougher. But the court's Dec. 20 announcement also could make it easier to collect signatures to qualify an amendment for the ballot. The lawsuit was filed by the city of San Francisco and a host of liberal legal groups, including Lambda Legal, the American Civil Liberties Union and the National Center for Lesbian Rights. They won at the trial court level, but lost 2-1 at the appeals court level. That appellate decision was handed down in October. “Courts simply do not have the authority to create new rights, especially when doing so involves changing the definition of so fundamental an institution as marriage," Justice William R. McGuiness wrote for the majority in October. "... The time may come when California chooses to expand the definition of marriage to encompass same-sex unions. That change must come from democratic processes, however, not by judicial fiat."
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DOJ Sues Fraudulent Tax Preparation Firms
Law Center |
2006/12/29 11:58
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The Justice Department has brought suit in U.S. District Court in Chicago against a Seneca, Ill., couple, Royanne and Neal Reddy, and their businesses, Royanne’s Tax Services and Royanne & Company, seeking to bar them permanently from preparing federal tax returns for others. According to the government complaint, the Reddys, operating their businesses in Marseilles and Princeton, Ill., have prepared more than 9,000 returns since 2002. The complaint states that the IRS examined 70 income tax returns prepared by the Reddys or employees under their direct supervision. It’s further alleged that all of these returns required adjustments, and 64 returns contained improper deductions of as much as $30,000. The complaint alleges that average under-reported tax on these 70 returns was $2,775, and states that the IRS estimates the total cost to the Treasury of the Reddys’ and their employees’ improper income tax return preparation to be more than $13 million. The government’s suit alleges that the Reddys fraudulently fabricate or inflate business expenses for customers to reduce their reported income. The Reddys also allegedly fabricate income for some customers to get them Earned Income Tax Credits to which they are not entitled. It is further alleged that the Reddys have provided fabricated documents to IRS agents auditing their customers’ returns. The suit asks the court to order the Reddys to give the government a list with their customers’ names, addresses, e-mail addresses, phone numbers and Social Security numbers. |
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Lou Victor on Apple Computer Inc and Steve Jobs
World Business News |
2006/12/29 11:55
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The headline business news of this morning is the Steve Jobs Apple Computer (NASDAQ: AAPL) stock options situation. The Financial Times reported that a full board meeting at Apple Computer to authorize the issuance of over 7.5 million stock options to Apple CEO Steve Jobs back in 2001 was falsified. So they are reporting that the meeting that was documented as taking place never did and even though Steve Jobs did surrender those stock options and did not receive any direct benefit from those options he is still in the line of fire.
Lets talk about Steve Jobs for a moment, he is the person that brought Apple Computer from the brink of extinction and made it what it is today, a mammoth of a company. He orchestrated the deal with Disney (NYSE: DIS) to put him the position of being the largest shareholder at Disney all the while building Apple as the hands down leader in the portable MP3 market. Through his efforts Apple Computer went from a $10 stock in 2001 to a stock that is on its way to triple digits, investors in Apple have done very well and continue to do so. The concern on the Street is that Steve Jobs is Apple Computer, he is the primary component in Apple’s success and there is no doubt about that. If this situation forces him to step down it will indeed have a very large negative impact on this company. Now is this going to come to that, its doubtful, because the issuance of stock options at that moment in time was probably boiler plate, of course a board meeting should taken place and not have been falsified but how many companies both private and public have done just that and not been crucified for it?, not yet anyway. Steve Jobs is the envy of many CEO’s worldwide, he did in his tenure what most investors would want a CEO in a company that they invested in to do. I’ve always said that he is the poster child for CEO’s and will continue to be for some time to come. It is unclear as to whether Jobs was aware that a board meeting at Apple Computer was falsified but lets look at some facts, this was back in 2001 and those options were given back to the company already. The company is healthier than it’s ever been and investors are in Apple Heaven. The SEC may launch a formal probe and Jobs has already secured an outside attorney to represent him just in case. In my opinion the SEC should have more important things on their mind, one being Sarbanes-Oxley, and not crucifying Jobs for a situation that he may or may not have known about, but think about it why would he risk his future for something so ridiculous as those options would have been granted to him anyway.
This is the media on the prowl for a story but at the end of the day it’s my opinion that Steve Jobs will walk away without a mark. It’s year end and perhaps some profit taking will aid in Apple being knocked down a bit but when the dust settles institutions, fund managers, brokerage firms and investors will come to realize that Apple Computer is still growing and once Jobs is cleared they will be more at ease. |
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Taco Bell Slapped With Another Lawsuit
Breaking Legal News |
2006/12/29 10:55
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The lawsuits are coming fast and furious against Yum! Brands subsidiary Taco Bell after the E .coli incident hit many New York area Taco Bell restaurants. The latest lawsuit comes from the law firm of Marler Clark on behlaf of one of the victims Michael Notar, a Clinton, New York, resident, who according to reports fell ill with an E. Coli infections shortly after dining at Taco Bell. Notar was Hospitalized for over four days.
The lawsuit was filed in U.S. District Court for the Northern District of New York and coincides with a tour that is taking place today at a Taco Bell location in Philadelphia by Taco Bell President Greg Creed and Pennsylvania Governor Ed Rendell |
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California restores prisoner voting rights
Law Center |
2006/12/29 10:54
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The State of California has decided not to appeal a December 21st decision of the California 1st District Court of Appeal restoring voting rights to approximately 100,000 inmates serving a year or less for felony convictions in local jails. The case, filed by the League of Women Voters of California and other voter and prisoner right interest groups, challenged a December 2005 interpretation of Art. 2 Sec. 4 of the California Constitution by Secretary of State Bruce McPhearson maintaining that those serving short term sentences for felonies in county jails were not eligible to vote. The court’s decision relied on Section 17 of the California Penal Code, which defines felonies and misdemeanors. When a person is sent to a local jail, typically for confinement as a condition of probation, they are not actually convicted of a felony, which would allow their voting rights to be stripped. |
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Katrina storm surge insurance case remanded
Breaking Legal News |
2006/12/28 19:40
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US Senior District Judge L.T. Senter Jr. of the US Southern District of Mississippi remanded to Mississippi state court Wednesday a key Hurricane Katrina case involving whether insurance exclusion clauses for flood damage mean that storm surge damages are excluded as well. With state courts being typically more plaintiff-friendly in interpreting such insurance clauses, Mississippi Attorney General Jim Hood said the ruling was a step towards a fair resolution for the people of Mississippi, and used the opportunity to again call for the insurance companies, including State Farm, Allstate, and Nationwide to negotiate a settlement, as well as make a public call for national insurance reform. The case will now be heard by Judge Denise Sweet Owens in the Chancery Court of Hinds County. There have been numerous Katrina-related insurance cases in Mississippi over the past year. In August, Judge Senter ruled that Nationwide Insurance was not obligated to cover a policyholder's claims for water damage caused by the hurricane because “provisions of the Nationwide policy that exclude coverage for damages caused by water are valid and enforceable terms of the insurance contract†and “similar policy terms have been enforced with respect to damage caused by high water associated with hurricanes in many reported decisions.†|
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Samsung: What's for Dinner? Ask the Fridge
World Business News |
2006/12/28 19:31
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Samsung Electronics, is now developing a futuristic refrigerator equipped with radio frequency identification (RFID) technology. Samsung on Wednesday said the refrigerators will inform owners when supplies of products are running low. "We are working on refrigerators wired for RFID. Technologically speaking, there is no barrier to come up with the new items," Samsung spokesman Chae Hee-kook said. "The refrigerator will be able to connect to cell phones for various new-concept applications," Chae said. The RFID refrigerator will automatically sense inventory needs such as when milk or juices run low and will then notify its owner. In addition to the early-warning inventory system, the sophisticated home appliance will offer recipes using available food products. Via cell phones, shoppers will be able to check what groceries in their refrigerators are over their expiry date and what needs to be replenished. "Eventually the RFID refrigerator, when programmed, will be able to take charge of replenishment and re-order after checking for depleted groceries," Chae said. "Shoppers will go to the store to see new grocery orders already packed on their arrival. Or, the items will be delivered to their homes thanks to the smart appliance," Chae said. Despite its prospects, it is uncertain when Samsung will unveil the refrigerator since the appliance will be of use only when perishable items adopt RFID tags. "Some foretell 2008 or 2009 as the debut year of our RFID fridges. But we can’t say for sure because nobody knows when RFID tags will become widespread," Chae said. The RFID tag is a small integrated-circuit chip with a radio and identification code embedded into it, which can be scanned from a distance. The tiny tags that emit radio waves are likely to replace barcodes. More precisely, they would go far beyond barcodes thanks to its unique ability to contain information. A host of retailers are presently testing smart shelves incorporated with RFID technologies that track in-store inventory based on real-time purchases. This allows them to anticipate demand and replenish stock earlier than ever. The techniques also enable distributors to trace products in real time irrespective of their locations. In the future, the cutting-edge technology may be used in the fields of livestock tracking, highway toll collection and premium product manufacturing. |
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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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