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.


McDonnell Law Office - San Diego Personal Injury
Court Watch | 2013/06/22 20:46
McDonnell Law is a San Diego Personal Injury Attorney who focuses on helping people who are injured, disabled and unable to work, and those with employment issues. We have over 20 years experience in the legal profession also as a social security and employment law attorney in the San Diego region. We advocate tirelessly to help you obtain a favorable result. You pay no legal fees unless you win! Because we are a small firm, we are able to spend more time and energy on your case and give you more personalized attention.

We offer a free consultation. If you meet with us, we can tell you whether or not you have a claim. You may also email us and give us information about your case for a free email consult. It usually takes a small amount of investigation to determine if you have a case or whether you need an attorney in Downtown San Diego.

Personal injury can affect your life drastically. If you are injured, disabled, or suffered damages you need a San Diego Personal injury lawyer who will take control of your case and advocate strongly on your behalf. McDonnell Law will advocate for you and will fight for a winning result! Call or email today for a free consultation.


Court: Ariz. citizenship proof law illegal
Headline Legal News | 2013/06/20 22:26
The Supreme Court ruled Monday that states cannot require would-be voters to prove they are U.S. citizens before using a federal registration system designed to make signing up easier.

The justices voted 7-2 to throw out Arizona's voter-approved requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal "Motor Voter" voter registration law.

Federal law "precludes Arizona from requiring a federal form applicant to submit information beyond that required by the form itself," Justice Antonia Scalia wrote for the court's majority.

The court was considering the legality of Arizona's requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal "motor voter" registration law. The 9th U.S. Circuit Court of Appeals said that the National Voter Registration Act of 1993, which doesn't require such documentation, trumps Arizona's Proposition 200 passed in 2004.

Arizona appealed that decision to the Supreme Court.

The case focuses on Arizona, which has tangled frequently with the federal government over immigration issues involving the Mexican border. But it has broader implications because four other states — Alabama, Georgia, Kansas and Tennessee — have similar requirements, and 12 other states are contemplating such legislation.


Court: Ex-Im Bank needs to explain Air India loan
Areas of Focus | 2013/06/19 18:09
A federal bank that backed a huge airplane loan for Air India will have to explain that the loan didn't hurt U.S. airlines.

A lawsuit by Delta Air Lines Inc. had accused the Export-Import Bank of failing to follow a requirement that it makes sure its loans to foreign companies won't hurt U.S. competitors. The Ex-Im bank guaranteed $3.4 billion in loans in 2011 so that Air India could buy planes from Boeing Co. But Delta competes with Air India on some routes.

The Court of Appeals in Washington did not force the bank to reverse the loan guarantee, as Delta had asked. But the ruling says the bank needs to follow the law and provide more justification for the loan.


NJ court: Special US Senate election in Oct. OK
Areas of Focus | 2013/06/14 15:45
A special U.S. Senate election to replace the late Democratic Sen. Frank Lautenberg can be held in October, as it was scheduled by Republican Gov. Chris Christie, a state court ruled Thursday.

The ruling could be appealed. And while it keeps an election on course it does not seem likely to chill criticism of the popular governor for how he chose to replace Lautenberg, the Senate's oldest member, who died last week at age 89.

Four Democrats and two Republicans have filed petitions to run in the Senate race to complete Lautenberg's term, with three early polls showing Democratic Newark Mayor Cory Booker as the front-runner.

Christie scheduled the election for Oct. 16. A group of Democrats sued, saying it should be held Nov. 5, the day voters are going to the polls in the general elections anyway.

Christie's critics have complained that holding the election in October will cost taxpayers unnecessarily. Officials say each election costs the state about $12 million to run.

Judge Jane Grall wrote Thursday that objections to the costs of the election are policy matters that aren't questions for the court.


Court says human genes cannot be patented
Legal Topics | 2013/06/13 16:19
The Supreme Court ruled Thursday that companies cannot patent parts of naturally-occurring human genes, a decision with the potential to profoundly affect the emerging and lucrative medical and biotechnology industries.

The high court's unanimous judgment reverses three decades of patent awards by government officials. It throws out patents held by Salt Lake City-based Myriad Genetics Inc. on an increasingly popular breast cancer test brought into the public eye recently by actress Angelina Jolie's revelation that she had a double mastectomy because of one of the genes involved in this case.

Justice Clarence Thomas, who wrote the court's decision, said that Myriad's assertion — that the DNA it isolated from the body for its proprietary breast and ovarian cancer tests were patentable — had to be dismissed because it violates patent rules. The court has said that laws of nature, natural phenomena and abstract ideas are not patentable.

"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Thomas said.

Patents are the legal protection that gives inventors the right to prevent others from making, using or selling a novel device, process or application. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years, but opponents of Myriad Genetics Inc.'s patents on the two genes linked to increased risk of breast and ovarian cancer say such protection should not be given to something that can be found inside the human body.


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