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US House group files motion in gay marriage suit
Law Center |
2011/10/15 09:55
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Gays and lesbians are not entitled to the same heightened legal protection and scrutiny against discrimination as racial minorities and women in part because they are far from politically powerless and have ample ability to influence lawmakers, lawyers for a U.S. House of Representatives group said in a federal court filing.
The filing Friday in San Francisco's U.S. District Court comes in a lesbian federal employee's lawsuit that claims the government wrongly denied health insurance coverage to her same-sex spouse. Karen Golinski says the law under which her spouse was denied benefits — the Defense of Marriage Act — violates the U.S. Constitution's guarantee of equal protection.
But attorneys representing the House's Bipartisan Legal Advisory Group counter that DOMA is subject to a lower level of court scrutiny because gays and lesbians don't meet the legal criteria for groups who receive heightened protection from discrimination. Under that lower standard, DOMA is constitutional, they argue. |
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Alberto Gonzales joins Nashville law firm
Law Center |
2011/10/06 05:32
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Former U.S. Attorney General Alberto Gonzales, the first Hispanic attorney general in U.S. history, has joined one of Nashville’s largest law firms and will play a role in mentoring younger lawyers.
Gonzales, 56, will focus on government relations, government investigations and white-collar defense for Waller Lansden Dortch & Davis LLP, the firm said Wednesday.
He also will be involved in the firm’s diversity initiatives, which include a mentoring program.
“It is a great honor for me to join Waller Lansden, a firm that I greatly admire,” Gonzales said in a statement. “Waller Lansden has a reputation for providing incisive legal representation while caring deeply for its clients. The firm’s breakthrough initiatives to encourage diversity in the workplace are admirable.”
Gonzales became the first Hispanic attorney general in U.S. history when President George W. Bush appointed him in 2005.
But he left the post in 2007 under a cloud of controversy stemming from allegations that, under his watch, the U.S. Justice Department improperly hired and fired several U.S. attorneys for political reasons.
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Court seems divided over Miranda rights case
Law Center |
2011/10/05 09:33
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The Supreme Court seemed split Tuesday on whether to require police to read Miranda rights to prison inmates every time they interrogate them about crimes unrelated to their current incarceration.
The high court heard arguments from lawyers from the state of Michigan who want a federal appeals court decision overturning Randall Lee Fields' conviction thrown out.
Fields was serving a 45-day sentence in prison on disorderly conduct charges when a jail guard and sheriff's deputies from Lenawee County, Mich., removed him from his cell and took him to a conference room. The deputies, after telling him several times he was free to leave at any time, then questioned him for seven hours about allegations that he had sexually assaulted a minor. Fields eventually confessed and was charged and convicted of criminal sexual assault.
Fields was then sentenced to 10 to 15 years in prison but appealed the use of his confession, saying that he was never given his Miranda rights on the sexual assault charges.
On appeal, the 6th Circuit Court of Appeals in Cincinnati threw out his confession and conviction, ruling that it is required that police read inmates their Miranda rights anytime they are isolated from the rest of the inmates in situations where they would be likely to incriminate themselves.
This case is another example of the courts' recent struggle to clearly define Miranda rights, which have been litigated since they first came into being in 1966. The courts require police to tell suspects in custody they have the right to remain silent and the right to have a lawyer represent them, even if they can't afford one.
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US soldier found not guilty in contractor death
Law Center |
2011/10/03 11:19
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A U.S. soldier has been found not guilty by reason of lack of mental responsibility in the killing of a Hungarian civilian contractor in Iraq, military officials said Saturday.
Pfc. Carl T. Stovall had pleaded not guilty in the March 2009 shooting of Hungarian laborer Tibor Bogdan near Camp Taji, just north of Baghdad. Bogdan was shot while digging a hole at the camp.
The shooting came less than a month into Stovall's third deployment to the Middle East.
He opted to be tried by a military judge at Fort Hood instead of a jury. Testimony was heard this past week.
In a statement Saturday, officials with the military post said the court ordered Stovall to receive a psychiatric/psychological evaluation before a post-trial hearing is conducted on Nov. 10. Stovall faced a maximum sentence of life without the possibility of parole.
Stovall had allegedly once told investigators he believed Bogdan, who worked for a contractor specializing in trash and waste removal, was a terrorist planting a roadside bomb. Prosecutors, however, said Stovall, now 28, has changed his story multiple times, allegedly denying any involvement in one version. |
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Fannie Mae ignored misconduct
Law Center |
2011/10/03 11:18
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Mortgage giant Fannie Mae knew about allegations of improper foreclosure practices by law firms in 2003 but did not act to stop them, a government watchdog says.
Similar allegations are the subject of a probe by state attorneys general into how lenders and law firms ignored proper procedures to handle a crush of foreclosure paperwork.
An unnamed shareholder warned Fannie Mae of alleged foreclosure abuses in 2003, the inspector general for the agency that regulates Fannie says in a report being released Tuesday.
Fannie Mae responded by hiring a law firm to investigate the claims in 2005. The law firm reported in 2006 that it had found foreclosure attorneys in Florida "routinely filing false pleadings and affidavits."
Fannie officials said they told a government official about the law firm's findings in 2006. That unnamed official, who now works for Fannie's regulator, the Federal Housing Finance Agency, said he couldn't recall the conversation, the report says. |
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National Mesothelioma Awareness Day 2011
Law Center |
2011/09/21 23:36
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National Mesothelioma Awareness Day 2011 carries special meaning for New York-based Weitz & Luxenberg, P.C., one of the nation's leading personal injury law firms, because so many of its clients are mesothelioma victims on whose behalf hundreds of millions of dollars in verdicts and settlements have been won.
Arthur Luxenberg, founding partner of Weitz & Luxenberg, explains that mesothelioma is a relatively rare form of cancer that strikes as many as 3,000 Americans each year.
"A common cause of mesothelioma is asbestos exposure," he says. "Victims tend to be electricians, plumbers, armed forces veterans -- anyone who worked with or around asbestos. The condition develops decades after exposure, but the disease can prove fatal within a year of diagnosis. At present, there is no cure. And to make matters worse, family members also often fall prey to mesothelioma as a result of secondary exposure to asbestos fibers carried into the home by the primary victim."
Weitz & Luxenberg has been able to play a pivotal role in the ongoing effort to compensate mesothelioma victims thanks to its extensive experience and vast resources.
"Mesothelioma awareness is an extremely serious issue, and we at Weitz & Luxenberg are grateful for the opportunity National Mesothalioma Awerness Day 2011 affords us to inform people about it, to build broader partnerships that hopefully can deliver more help to victims," says Luxenberg.
The disease -- which affects internal organs by attacking surrounding membranes -- receives less attention than it deserves, health advocates insist. Their raised voices helped convince Congress to acknowledge the problem of mesothelioma by proclaiming Sept. 26, 2011 National Mesothelioma Awareness Day.
About Weitz & Luxenberg
Founded in 1986 by attorneys Perry Weitz and Arthur Luxenberg, Weitz & Luxenberg, P.C., today ranks among the nation's leading law firms. It specializes in multiple litigation fields including: mesothelioma; defective medicine and devices; environmental pollutants; accidents; personal injury; and medical malpractice. Weitz & Luxenberg offers free legal consultation to injured parties by calling 1-800-476-6070 or by emailing clientrelations@weitzlux.com. More information is available at www.weitzlux.com
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W.Va. lawyer nominated to federal appeals court
Law Center |
2011/09/09 08:48
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President Barack Obama has nominated Hamlin native Stephanie Dawn Thacker as a judge on the 4th U.S. Circuit Court of Appeals.
Thacker has been a partner in the Charleston law firm of Guthrie & Thomas since 2006.
Before that she spent seven years with the U.S. Department of Justice. Her work as a trial attorney there focused on prosecution and training in connection with child pornography and sexual exploitation, sex trafficking, obscenity and other offenses.
She also served as an assistant federal prosecutor and worked for the state attorney general's office.
The U.S. Senate must now consider Thacker's nomination to the Richmond, Va.-based court. The seat became vacant after the March death of Judge Blane Michael.
The 15-member court covers North Carolina, South Carolina, Maryland, Virginia and West Virginia.
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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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