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High court protects Secret Service agents
Breaking Legal News |
2012/06/04 09:29
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The Supreme Court ruled Monday that two Secret Service agents are shielded from a lawsuit filed by a man they arrested after a confrontation with then-Vice President Dick Cheney.
The 8-0 decision comes in a case that began with the arrest of Steven Howards following a chance encounter with Cheney at a shopping center in Colorado in 2006. Howards claimed he was arrested because he expressed his anti-war views.
The agents and the Obama administration asked the court for broad protection against claims of retaliatory arrests. The justices did not grant that wish.
But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.
The decision reversed a ruling by the 10th U.S. Circuit Court of Appeals in Denver to allow Howards' lawsuit to go forward.
Howards, of Golden, Colo., was detained by Cheney's security detail after he told Cheney of his opposition to the war in Iraq. Howards also touched Cheney on the shoulder, then denied doing so under questioning. The appeals court said the inconsistency gave the agents reason to arrest Howards. |
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Ind. taxpayers lose high court fight over refunds
Breaking Legal News |
2012/06/04 09:28
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The Supreme Court has turned down homeowners in Indianapolis who sought tax refunds when the city changed its plan for paying for a new sewer line.
In a 6-3 ruling Monday, the court upheld the city's decision to refuse to refund taxes that some homeowners paid up front while it forgave the remaining taxes for people who paid on an installment plan.
Those who paid in full complained that the disparate treatment violated the Constitution's Equal Protection Clause.
But Justice Stephen Breyer said in his majority opinion that Indianapolis acted properly in changing the payment system because it wanted to reduce the administrative headaches of debt collection.
In dissent, Chief Justice John Roberts said the court was wrong to endorse such a gross disparity in tax treatment.
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Conway & Conway
Legal Business |
2012/06/02 09:29
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New York Securities Fraud Lawyers
With offices in Manhattan and Long Island, Conway & Conway has earned a long-standing reputation as a focused and highly-skilled law firm with deep roots in the financial services community. In fact, one of the firm's founders; Kevin P. Conway served as counsel to the New York Mercantile Exchange and as the Vice President of Compliance for regulatory oversight of exchange membership.
Successful Securities Arbitration Lawyers
This type of unique experience has enabled the firm to successfully advocate for investors and others in the resolution of investment-related disputes such as securities fraud.
Disputes Between Investors and Broker / Dealers
The lawyers at Conway & Conway concentrate on the arbitration and litigation of issues arising from the relationships between public investors and broker / dealers. Those disputes range from breach of the broker's fiduciary duties to trading beyond the customer's suitability standards.
Conway & Conway offers a team of committed legal professionals dedicated to ongoing research and education in order to stay on top of the current and ever changing legal and regulatory issues. The firm is responsive and large enough to handle numerous cases, yet small enough to provide personalized service.
Conway & Conway
1700 Broadway, Ste. 3100
New York, New York 10019
(212) 938-1080 |
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Court: Judges shouldn't have overturned conviction
Breaking Legal News |
2012/05/29 10:12
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The Supreme Court has overturned an appeals court decision that would have released a Pennsylvania man convicted of helping to kill a woman in an alley nearly two decades ago.
A federal appeals court ruled that there wasn't enough evidence to uphold the conviction of Lorenzo Johnson. Johnson was convicted of first-degree murder and conspiracy as an accomplice in the December 1995 shotgun murder of Taraja Williams.
The 3rd U.S. Circuit Court of Appeals said the evidence at trial was insufficient to prove that Johnson intended the victim's death, and a federal judge ordered Johnson's release.
But the high court, in reversing the decision, said it is longstanding precedent that it is up to juries, not judges, to decide what conclusions should be drawn from evidence submitted at trial. The only way that can be reversed is that "no rational trier of fact could have agreed with the jury," the justices said.
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Kan. gov. signs measure blocking Islamic law
Breaking Legal News |
2012/05/26 14:49
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Kansas Gov. Sam Brownback has signed a law aimed at keeping the state's courts or government agencies from basing decisions on Islamic or other foreign legal codes, and a national Muslim group's spokesman said Friday that a court challenge is likely.
The new law, taking effect July 1, doesn't specifically mention Shariah law, which broadly refers to codes within the Islamic legal system. Instead, it says courts, administrative agencies or state tribunals can't base rulings on any foreign law or legal system that would not grant the parties the same rights guaranteed by state and U.S. constitutions.
"This bill should provide protection for Kansas citizens from the application of foreign laws," said Stephen Gele, spokesman for the American Public Policy Alliance, a Michigan group promoting model legislation similar to the new Kansas law. "The bill does not read, in any way, to be discriminatory against any religion."
But supporters have worried specifically about Shariah law being applied in Kansas court cases, and the alliance says on its website that it wants to protect Americans' freedoms from "infiltration" by foreign laws and legal doctrines, "especially Islamic Shariah Law." |
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Court orders woman to stay away from Jeff Goldblum
Court Watch |
2012/05/26 14:49
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A judge on Friday granted Jeff Goldblum a temporary restraining order against a woman who has been repeatedly ordered to stay away from the actor in recent years.
Goldblum's attorneys obtained the order against Linda Ransom, 49, after she repeatedly went to the actor's home three times this month. A previous stay-away order against Ransom from 2007 has expired and police claim she has told them that she will not stop trying to meet Goldblum unless a restraining order is in place.
The filings state Ransom has been arrested three times for violating previous restraining orders. Goldblum first alerted authorities to her in 2001 after she attended one of his acting classes and then started waiting outside his home.
"Over the past decade, I have experienced substantial emotional distress due to Ms. Ransom's continuous stalking, harassing, and threatening behavior," Goldblum wrote in a sworn court declaration.
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Court: Families cannot sue over loan discount fee
Law Center |
2012/05/24 14:49
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The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate.
The high court's decision tosses out lawsuits filed in 2008 against Quicken Loans, Inc., in Louisiana by three families who claimed they paid the fees without receiving anything in return. The Freeman family paid $980 and the Bennett family $1,100 in loan discount fees but allegedly did not get lower interest rates in return. The Smith family allegations focus partly on a loan origination fee of $5,100, which they claim was a mislabeled loan discount fee.
A federal judge threw the lawsuit out, saying the Real Estate Settlement Procedures Act made the lawsuit improper. That decision, which was upheld by the 5th U.S. Circuit Court of Appeals in New Orleans, was appealed to the Supreme Court.
The law says no "person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."
The argument is over whether that law "prohibits the collection of an unearned charge by a single settlement provider, or whether it covers only transactions in which a provider shares part of a settlement-service charge with one or more other persons who did nothing to earn it," said Justice Antonia Scalia, who wrote the opinion.
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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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