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Maryland mulls ending child sexual abuse lawsuit time limits
Corporate Governance |
2023/02/24 15:22
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Maryland lawmakers are considering ending the state’s statute of limitations for when lawsuits can be filed against institutions related to child sexual abuse, though the state’s courts are likely to decide whether such a change in the law is constitutional if the General Assembly passes one.
Accusers who are now adults were scheduled to testify in favor of the legislation at a hearing Thursday.
Currently, people in Maryland who say they were sexually abused as children can’t sue after they reach the age of 38. The Maryland House has approved legislation in recent years that would have lifted that age limit, but it stalled in the state Senate.
This year, state Sen. Will Smith, who chairs the Senate Judicial Proceedings Committee, is sponsoring a bill that would end the age limit. He said in an interview that he’s confident the bill will pass this year but that the judiciary likely will have the final say.
Fifteen states have lifted statutes of limitations for child sexual abuse, according to Child USAdvocacy, a nonprofit that advocates for better laws to protect children. Twenty-four have approved revival periods known as “lookback windows,” which are limited timeframes in which accusers can sue, regardless of how long ago the alleged abuse occurred.
In 2017, Maryland raised the age that accusers can file lawsuits from 25 to 38. But the law also included language, known as a statute of repose, that some say prevents lawmakers from extending the statute of limitations again.
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Supreme Court won’t upset Arkansas anti-Israel boycott law
Court Watch |
2023/02/21 13:57
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The Supreme Court on Tuesday refused to step into a legal fight over state laws that require contractors to pledge not to boycott Israel.
The justices rejected an appeal on behalf of an alternative weekly newspaper in Little Rock, Arkansas, that objected to a state law that reduces fees paid to contractors that refuse to sign the pledge.
The full federal appeals court in St. Louis upheld the law, overturning a three-judge panel’s finding that it violated constitutional free speech rights.
Similar measures in Arizona, Kansas and Texas were initially blocked by courts, prompting lawmakers to focus only on larger contracts. Arkansas’ law applies to contracts worth $1,000 or more.
Republican legislators in Arkansas who drafted the 2017 law have said it wasn’t prompted by a specific incident in the state. It followed similar restrictions enacted by other states in response to a movement promoting boycotts, divestment and sanctions of Israeli institutions and businesses over the country’s treatment of Palestinians. Israeli officials said the campaign masked a deeper goal of delegitimizing and even destroying their country.
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Woman accused in dismemberment slaying attacks her attorney
Corporate Governance |
2023/02/14 14:20
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A woman accused in a grisly killing and dismemberment case in Wisconsin attacked her attorney Tuesday during a court hearing, moments after a judge agreed to delay her trial.
Taylor Schabusiness, 25, was seated in a Brown County circuit court when her attorney, Quinn Jolly, asked the judge for an additional two weeks for a defense expert to review his client’s competency to stand trial.
Moments after Judge Thomas Walsh reluctantly agreed to postpone her March 6 trial, Schabusiness attacked Jolly and was wrestled to the courtroom floor by a deputy, WLUK-TV reported. The courtroom was then cleared before the hearing resumed.
Schabusiness is charged with first-degree intentional homicide, mutilating a corpse and third-degree sexual assault in the killing of Shad Thyrion, 25, in February 2022. Authorities say she strangled Thyrion at a home in Green Bay, sexually abused him and dismembered his body, leaving parts of him throughout the house and in a vehicle.
Schabusiness has pleaded not guilty and not guilty by reason of mental disease or defect. She is being held on a $2 million cash bond.
Following her courtroom outburst, the judge moved her competency hearing from Tuesday to March 6. The judge also proposed a May 15 trial date.
At the end of the hearing, Jolly told the court he would file a motion to withdraw from the case as Schabusiness’ attorney but the judge did not immediately rule on that matter. |
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Federal appeals court strikes down domestic violence gun law
Business |
2023/02/03 10:41
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A federal appeals court ruled Thursday that the government can’t stop people who have domestic violence restraining orders against them from owning guns — the latest domino to fall after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws.
Police in Texas found a rifle and a pistol at the home of a man who was the subject of a civil protective order that banned him from harassing, stalking or threatening his ex-girlfriend and their child. The order also banned him from having guns.
A federal grand jury indicted the man, who pled guilty. He later challenged his indictment, arguing the law that prevented him from owning a gun was unconstitutional. At first, a federal appeals court ruled against him, saying that it was more important for society to keep guns out of the hands of people accused of domestic violence than it was to protect a person’s individual right to own a gun.
But then last year, the U.S. Supreme Court issued a new ruling in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment by saying the government had to justify gun control laws by showing they are “consistent with the Nation’s historical tradition of firearm regulation.”
The appeals court withdrew its original decision and on Thursday decided to vacate the man’s conviction and ruled the federal law banning people subject to domestic violence restraining orders from owning guns was unconstitutional.
Specifically, the court ruled that the federal law was an “outlier that our ancestors would never have accepted” — borrowing a quote from the Bruen decision.
The decision came from a three-judge panel consisting of Judges Cory Wilson, James Ho and Edith Jones. Wilson and Ho were nominated by former Republican President Donald Trump, while Jones was nominated by former Republican President Ronald Reagan.
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Oregon launches abortion hotline offering free legal advice
Corporate Governance |
2023/01/26 13:48
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Oregon is launching a new abortion hotline offering free legal advice to callers, moving to further defend abortion access after the U.S. Supreme Court overturned Roe v. Wade last summer and eliminated federal protections for the procedure.
The state’s Department of Justice announced the initiative Monday. It is modeled on similar hotlines launched by the attorneys general of New York and Delaware, as states where abortion remains legal have seen an increase in the number of patients traveling from areas where the procedure has been banned or restricted.
“The Hotline will fill an important need in our state for callers to understand the status of our reproductive health laws, including issues related to abortion access,” Oregon Attorney General Ellen Rosenblum said in a news release. “This is especially important because we share a border with Idaho, which has a near-total abortion ban.”
Abortion remains legal at all stages of pregnancy in Oregon, which has worked with California and Washington to promote the West Coast as a safe haven for the procedure.
People can call the anonymous hotline from any state for free legal advice and receive a call back from a lawyer within 48 hours.
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Protasiewicz leads in money race for Wisconsin Supreme Court
Business |
2023/01/18 15:04
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Milwaukee County Circuit Judge Janet Protasiewicz raised more money over the last six months of 2022 than her three rivals combined in the pivotal race that will determine majority control of the Wisconsin Supreme Court.
Protasiewicz along with Dane County Circuit Judge Everett Mitchell are running as liberal candidates in the race. Waukesha County Circuit Judge Jennifer Dorow and former Wisconsin Supreme Court Justice Dan Kelly are the conservative candidates.
The top two vote-getters in the Feb. 21 primary will advance to the April 4 election. The winner replaces conservative Justice Patience Roggensack, who is retiring.
Races for the Wisconsin Supreme Court are officially nonpartisan, but candidates for years have aligned with either conservatives or liberals as the contests have become expensive partisan battles. The conservative-controlled court for more than a decade has issued consequential rulings in favor of Republicans, with major cases looming that could determine the future of abortion laws, redistricting and rules of elections.
The candidates and outside interests that have promised to spend millions on the race have been relatively quiet up to this point, more than a month before the primary. But those on both sides have made clear they see the race as crucial in the battleground state, with whoever winning determining ideological control of the court heading into the 2024 presidential race and at least a year after.
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Ex-Louisiana lawmaker gets 22-month sentence for wire fraud
Breaking Legal News |
2023/01/11 16:07
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Former Louisiana Democratic Party leader Karen Carter Peterson, who resigned from the state Senate last year year citing depression and a gambling addiction — and later pleaded guilty to federal wire fraud — was sentenced on Wednesday to 22 months in prison.
Peterson, who served in the Louisiana Legislature for more than 22 years, admitted in August to taking more than $140,000 in funds from her reelection campaign and from the state Democratic Party. The ex-lawmaker spent a “substantial amount” of that money on casino gambling, according to court documents.
Although the felony charge of federal wire fraud carries a maximum prison sentence of 20 years, U.S. District Judge Sarah Vance sentenced Peterson to significantly less, The Advocate reported.
“People trusted me and I breached that trust,” Peterson said in court, WDSU-TV reported.
At the sentencing, Peterson cried at the podium and repented for her criminal wrongdoing — apologizing to her constituents, family and friends.
Ahead of the sentencing, Peterson’s lawyers implored U.S. District Judge Sarah Vance to consider an alternative to prison — such as probation or home confinement.
They said her gambling addiction resulted in “diminished mental capacity,” which can qualify a defendant for a reduced sentence, according to court filings obtained by The Times-Picayune/The New Orleans Advocate. In addition, they pointed to her Christian faith, her acceptance of responsibility for the crimes and her participation in Gamblers Anonymous.
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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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