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Court affirms dad's rights in turkey baster conception
Court Watch |
2015/04/23 14:34
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The Virginia Court of Appeals has affirmed the parental rights of a man whose son was conceived by using a turkey baster.
A three-judge panel unanimously upheld Roanoke Circuit Judge Charles N. Dorsey's decision granting joint custody and visitation rights to Robert Preston Boardwine.
According to the court, Joyce Rosemary Bruce wanted to have a child she could raise on her own. Boardwine supplied the sperm in a plastic container. Bruce transferred it to a turkey baster, which she used to inseminate herself.
Bruce argued that Boardwine had no parental rights under the state's assisted conception law. But the appeals court said Tuesday that the law applies only to pregnancies resulting from the use of medical technology, and the use of a common kitchen implement at home doesn't qualify. |
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Retired Army Colonel Pleads Guilty to Breaking Law in Job Hunt
Court Watch |
2015/04/15 10:49
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A retired Army colonel pleaded guilty to negotiating his post-military employment with a helicopter company that did business with the Defense Department office he ran while still in uniform, according to court records filed Tuesday by U.S. government attorneys.
The former officer, Norbert Vergez, caused the terms of a contract to be adjusted so that the company would be paid faster, said a plea agreement detailing the charges. Vergez also failed to disclose on his ethics form that he had received a $30,000 check from a second company for relocation expenses. Officers of Vergez's seniority are typically allowed to be reimbursed by Defense Department for their final moving expenses.
The companies are not named in the records, which were filed in U.S. District Court in Alabama. But the documents describe MD Helicopters in Mesa, Arizona, and Patriarch Partners, a private equity firm in New York. Both companies are owned by Wall Street executive Lynn Tilton.
Vergez, 49, went to work for Tilton three months after retiring from military service in November 2012. Attorneys for Vergez did not respond to a request for comment.
The Associated Press reported in March 2014 that Vergez and Tilton were in unusually close contact for more than a year before he retired.
In an emailed statement, Patriarch Partners said it and MD Helicopters cooperated fully with the government's investigation. "Mr. Vergez's plea agreement does not contain any allegations of improper conduct by MD Helicopters, Patriarch Partners, or any of its personnel," according to the statement. |
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Man run over by Suge Knight says he punched ex-rap mogul
Court Watch |
2015/04/15 10:48
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A man who Marion "Suge" Knight ran over told authorities he was upset with the former rap music mogul and punched him through the window of the truck before a deadly encounter that left his friend dead.
Cle "Bone" Sloan testified Monday about the day he and friend Terry Carter were hit by a pickup truck driven by Knight, the co-founder of Death Row Records.
But Sloan refused to identify Knight as the man behind the wheel when he was struck outside a Compton burger stand on Jan. 29. He said he didn't remember specifics of the fight and does not want to be a "snitch."
"I will not be used to send Suge Knight to prison," Sloan, an adviser on the upcoming film "Straight Outta Compton," said, adding that he was only on the stand because he was subpoenaed.
Sloan's testimony was offered during a preliminary hearing Monday during which a judge will determine whether there's enough evidence for Knight to stand trial on murder, attempted murder, and hit-and-run charges. Authorities contend Knight intentionally hit Sloan and Carter. But Knight's attorney Matt Fletcher says his client was ambushed and was trying to escape an attack when he hit the men. |
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Supreme Court rejects North Carolina appeal on election law
Court Watch |
2015/04/07 12:23
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The Supreme Court has passed up an early chance to review a contested North Carolina election law that opponents say limits the ability of African-Americans to cast ballots.
The high court intervened in October to order that the law remain in effect for the fall elections after a lower court ruling blocking part of the law.
But the justices on Monday wiped away their earlier order by rejecting the state's appeal of that lower court ruling. The federal appeals court in Richmond, Virginia had blocked a part of the law that eliminated same-day registration during early voting in North Carolina.
A trial is set for July in the lawsuit filed by civil rights groups, and the issue of voting restrictions could return to the Supreme Court before the 2016 elections.
North Carolina is among several Republican-led states that have passed election laws imposing photo identification requirements and reducing the number of days set aside for early voting, among other provisions. Officials have said the measures are needed to prevent voter fraud. But critics have called the laws thinly veiled efforts to make it harder for Democratic-leaning minorities to vote.
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Court rejects Duncan's death sentence appeal
Court Watch |
2015/03/31 12:47
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A federal appellate court has dismissed the appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several members of his family.
Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of three family members and the kidnapping of his then-8-year-old sister.
Duncan represented himself at his sentencing hearing and later waived his right to appeal. But he has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights.
On Friday, the 9th U.S. Circuit Court of Appeals rejected that claim. The court said a lower court had correctly found Duncan competent. The justices said it was too late for Duncan to change his mind. |
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New York Personal Injury Attorney - John Q. Kelly
Court Watch |
2015/03/11 14:40
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JOHN Q. KELLY, referred to “…as the most sought after wrongful death lawyer in the land”, has an unsurpassed track record in high stakes, high profile wrongful death and personal injury litigation.
Subsequent to his landmark verdict as lead attorney for the Estate of Nicole Brown Simpson in its wrongful death action against O.J. Simpson, Mr. Kelly continues to successfully handle matters that receive national and international coverage, and has a reputation as a meticulous, no-nonsense litigator, schooled in the nuances of physical, forensic and circumstantial evidence, battle-tested in the courtroom on countless occasions, and seasoned by 30 years of deftly interacting with the media.
Mr. Kelly has appeared as both a featured guest and/or legal commentator frequently on all major network and cable news shows (NBC, ABC, CBS, CNN, Fox News) and been profiled/referenced in a multitude of publications, including Time Magazine, Newsweek Magazine, People Magazine, Worth Magazine, Greenwich Magazine, New York Magazine, New York Times, New York Post and New York Daily News.
Mr. Kelly is admitted to the New York State Bar and the Southern and Eastern Districts of the United States District Court and has argued appeals in the Second and Third Circuits of the U.S. Court of Appeals and New York State Appellate Division, 1st and 2nd Departments. He has handled matters in Connecticut, New York, Illinois, Arizona, California, Texas, Colorado, Pennsylvania, Florida, Puerto Rico, Aruba and Australia. Mr. Kelly divides his time between his office in New York City and in Greenwich, CT. |
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Two justices once open to cameras in court now reconsider
Court Watch |
2015/02/03 15:12
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Two Supreme Court justices who once seemed open to the idea of cameras in the courtroom said Monday they have reconsidered those views, dashing even faint hopes that April's historic arguments over gay marriage might be televised.
In separate appearances, Justices Elena Kagan and Sonia Sotomayor said allowing cameras might lead to grandstanding that could fundamentally change the nature of the high court.
Sotomayor told an audience in West Palm Beach, Florida, that cameras could change the behavior of both the justices and lawyers appearing at the court, who might succumb to "this temptation to use it as a stage rather than a courtroom."
"I am moving more closely to saying I think it might be a bad idea," she said.
During her confirmation hearings in 2009, Sotomayor told lawmakers she had a positive experience with cameras and would try to soften other justices' opposition to cameras.
Speaking at the University of Chicago's Institute of Politics, Kagan told an audience that she is "conflicted" over the issue and noted strong arguments on both sides.
Kagan said that when she used to argue cases before the court as Solicitor General, she wanted the public to see how well prepared the justices were for each case "and really look as though they are trying to get it right."
But Kagan said she is wary now of anything "that may upset the dynamic of the institution."
She pointed to Congress, which televises floor proceedings, saying lawmakers talk more in made-for-TV sound bites than to each other. |
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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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