Ill. Supreme Court ends challenge to abortion law
Headline Legal News | 2013/07/12 16:34
The Illinois Supreme Court ended a lengthy and emotionally charged legal appeal over an abortion notification law Thursday, clearing the way for the state to begin enforcing a 1995 measure that requires doctors to notify a girl's parents 48 hours before the procedure.

The court ruled unanimously to uphold a circuit court's earlier dismissal of a challenge to the law that was filed by a Granite City women's health clinic and a doctor at the University of Illinois at Chicago.

After court battles that lasted nearly two decades, Illinois now joins 38 other states in requiring some level of parental notification. The law goes into effect in 35 days unless it's appealed to the U.S. Supreme Court, which has found such laws to be constitutional elsewhere.

Opponents of the notification law had argued that it violated privacy and gender equality rights because young women should be able to make their own decisions about their bodies and pregnancies. Supporters of the law, which was defended by the Illinois Attorney General's office, argued that parents would be deprived of basic rights if they were not notified of a daughter's decision to have an abortion.

Anti-abortion activists have long said Illinois was a haven for teens from states with stricter laws on the books seeking abortions.


NJ court overturns award for view lost to dune
Legal Topics | 2013/07/09 07:22
New Jersey's highest court on Monday overturned a $375,000 jury award given to an elderly couple who complained that a protective sand dune behind their house blocked their ocean views.

In a ruling seen as a wider victory for towns that want to build barriers to protect themselves from catastrophic storms, the state Supreme Court faulted a lower court for not allowing jurors to consider the dune's benefits in calculating its effect on property value. The high court ruled that those protective benefits should have been considered along with the loss of the ocean views.

The sand dune in question saved the elderly couple's home from destruction in Superstorm Sandy in October.

The 5-year-old case is being closely watched at the Jersey shore, which was battered by Sandy. Officials want to build protective dune systems along the state's entire 127-mile coastline, but towns fear they won't be able to if many homeowners hold out for large payouts as compensation for lost views.


SC high court overturns $11M defamation verdicts
Headline Legal News | 2013/07/06 07:22
South Carolina's high court has overturned $11 million in verdicts against a Charleston attorney accused of defaming a businessman by comparing him to television mobster Tony Soprano.

The state Supreme Court this week sent a civil case against Paul Hulsey back to Circuit Court, according to a report from The Post and Courier of Charleston.

Hulsey was sued several years ago by Charleston businessmen Lawton Limehouse Sr.

The attorney had previously sued Limehouse's company on behalf of day laborers, claiming staffing agency L&L Services made fake green cards and Social Security cards, exploited workers and failed to pay overtime.

"This is a blatant case of indentured servitude," Hulsey told the newspaper in 2004. "L&L Services took advantage of the complexity of the system. They have created a perfect racketeering system, just like Tony Soprano."

Authorities looked into Hulsey's allegations but didn't bring charges. The lawsuit was ultimately settled for $20,000, according to the high court's ruling.


Court: No class-action status in Google book case
Legal Topics | 2013/07/02 17:37
A federal appeals court says it is too early for authors to be considered as a group in litigation challenging Google Inc.'s plan to create the world's largest digital library.

The 2nd U.S. Circuit Court of Appeals said in a ruling Monday that a judge must consider fair use issues before deciding whether to consider authors as a class. The court says neither side will be harmed by a delay in deciding whether the Authors Guild can represent all writers.

So far, Google has copied more than 20 million books. The three-judge appeals panel that heard arguments earlier this year seemed reluctant to get in the way of the plans. One judge said it would be a "huge advantage" for many authors while another said it would have "enormous societal benefit."


Wash. gay wedding flowers case goes to court
Areas of Focus | 2013/06/28 16:04
The dispute over a Washington state florist who declined to provide flowers for a same-sex wedding goes to court Friday.

Oral arguments are scheduled in Benton County Superior Court.

The Washington state attorney general's office sued the owner of Arlene's Flowers, Baronelle Stutzman, saying she violated consumer protection law by refusing service in March to customers Robert Ingersoll and Curt Freed.

Stutzman says she has no problem with homosexual customers but won't support gay weddings because of her religious beliefs.

In addition to the state, the ACLU sued Stutzman on behalf of the Kennewick, Wash. couple. A religious freedom group, Alliance Defending Freedom, countersued the state on behalf of Stutzman.


High court to review immigration dispute
Legal Topics | 2013/06/25 15:53
The Supreme Court on Monday waded into a complicated dispute over a law aimed at keeping immigrant families together in a case that underscores the occasionally tense relationship between immigration proponents and the Obama administration as Congress debates immigration reform.

The justices said Monday they will hear an appeal from the Obama administration arguing that children who have become adults during their parents' years-long wait to become legal permanent residents of the United States should go to the back of the line in their own wait for visas. Under U.S. immigration law, children 21 and older cannot immigrate under their parents' applications for green cards, even if the parents' application took decades to process.

An immigration spokesman declined to comment on the case Monday. The Obama administration has argued in the past that the thousands of green card applicants who lost their place in line for U.S. residency when they turned 21 do not merit priority status when they file their own visa applications.    

Immigration advocates said it is hypocritical of the Obama administration to tell Congress that the nation's immigration laws are too tough and need to be rewritten, while at the same time insisting on conservative interpretations of those laws when processing family visa applications. President Barack Obama has vowed to help immigrants obtain legal status while also deporting record numbers of immigrants.


The Law Offices of David Stein - DC Assault Lawyer
Court Watch | 2013/06/22 22:02
Assault in Washington, DC can be complicated and if you find yourself facing these charges you will need to contact a DC assault attorney. The threshold requirement for a simple Assault Charge in the District is very low. The statute criminalizes "whoever unlawfully assaults, or threatens in a menacing manner.” An experienced criminal law DC assault lawyer would fully consider and litigate all viable defenses to an assault charge, including but not limited to, self-defense and defense of others -- guide you through the process with minimal exposure. Simple Assault carries a penalty of $1000.00 fine or no more than 180 days in jail or both.

Depending on the severity of the injuries and potential weapons used during commission of offense, the charge may be Aggravated Assault, Assault with Deadly Weapon, or Assault with Intent to Kill.In times of need, you will need a DC assault lawyer who knows how to handle both misdemeanors and felonies. For example, DC assault charge with a significant bodily injury is a step up from Simple Assault and is defined as: whoever assaults, threatens, and intentionally and knowingly or recklessly causes significant bodily injury to other. The Washington DC assault with significant injury offense carries a potential prison sentence of three years and/or a $3,000 fine.

DC aggravated assault is defined as whoever knowingly causes serious bodily injury to another person. Serious bodily injury means an injury that creates substantial risk of death, unconsciousness, extreme physical pain, or protracted and obvious disfigurement. Washington DC aggravated assault charge carries a fine of $10,000 and/or imprisonment for not more than 10 years, or both. A trial by judge or jury can result in a not guilty verdict if reasonable doubt has been established. A criminal law DC lawyer with impeccable litigation skills can often meet the minimum threshold to create reasonable doubt given favorable evidence. Thus it is imperative to engage our skilled, trained and seasoned DC assault lawyers to seek out all exculpatory evidence exonerating you of the charges.

We want to help individuals going through a difficult time keep a positive problem-solving attitude. Contact a Washington, DC assault lawyer today to discuss your case. We are within reach. For a consultation with The Law Offices of David Stein, call
now.


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