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Gays can seek parental rights for nonbiological kids
Headline Legal News |
2016/09/04 05:57
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New York's highest court expanded the definition of parenthood Tuesday by ruling that former same-sex couples may seek visitation and custody of children even when they aren't the biological or adoptive parent.
The Court of Appeals decision resolves two cases of former unmarried same-sex couples in which the biological mothers kept the children and their ex-partners sought legal standing to see them. In one case, lower courts ruled the ex-partner had no standing. In the other, the ex-partner pays child support and was later granted visitation.
A 25-year-old definition of parenthood required a person seeking custody or visitation to have a biological or adoptive connection to the child. In its decision, the court said the standard had become "unworkable" in light of society's "increasingly varied familial relationships."
"Where a partner shows by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together, the non-biological, non-adoptive partner has standing to seek visitation and custody under Domestic Relations Law," reads the opinion written by Judge Sheila Abdus-Salaam.
New York began recognizing same-sex marriages in 2011, and children born into a marriage are considered the children of both parents. But the law was far murkier when it came to same-sex couples who had a child before the law was enacted ? or who have foregone marriage. Same-sex partners often found it impossible to seek visitation or custody of a non-biological child they had not adopted if the relationship ended.
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Kansas court upholds death sentence for sheriff's killing
Headline Legal News |
2016/07/22 15:35
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The Kansas Supreme Court on Friday upheld the death sentence imposed against a man who fatally shot a sheriff during a 2005 drug raid.
Kansas hasn't executed anyone in more than 50 years, and Friday's decision in Scott Cheever's case is only the second time the court has upheld a death sentence under the state's 1994 capital punishment law.
An execution by lethal injection isn't likely to be scheduled soon, but state Attorney General Derek Schmidt said in a statement, "today's ruling marks the end of the first line of appeals in this case."
Cheever acknowledged shooting Greenwood County Sheriff Matt Samuels as Samuels tried to serve a warrant at a rural home about 75 miles northeast of Wichita, but Cheever's attorney argued that he was too high on methamphetamine for the crime to be premeditated.
The slain sheriff's son, Heath Samuels, is now serving as interim sheriff in his father's old job in Greenwood County. He said he was "very excited" to see the court system still works. The family supports the death penalty, he said.
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Court upholds net neutrality rules on equal internet access
Headline Legal News |
2016/06/14 17:41
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A federal appeals court on Tuesday upheld the government's "net neutrality" rules that require internet providers to treat all web traffic equally.
The 2-1 ruling from the U.S. Court of Appeals for the District of Columbia Circuit is a win for the Obama administration, consumer groups and content companies such as Netflix that want to prevent online content from being blocked or channeled into fast and slow lanes.
The rules treat broadband service like a public utility and prevent internet service providers from offering preferential treatment to sites that pay for faster service.
The Federal Communications Commission argued that the rules are crucial for allowing customers to go anywhere on the internet without a provider favoring its own service over that of other competitors. The FCC's move to reclassify broadband came after President Barack Obama publicly urged the commission to protect consumers by regulating internet service as it does other public utilities.
Cable and telecom opponents argue the new rules will prevent them from recovering costs for connecting to broadband hogs like Netflix that generate a huge amount of internet traffic. Providers like Comcast, Verizon and AT&T say the rules threaten innovation and undermine investment in broadband infrastructure.
But Judges David Tatel and Sri Srinivasan denied all challenges to the new rules, including claims that the FCC could not reclassify mobile broadband as a common carrier. That extends the reach of the new rules as more people view content on mobile devices. |
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NY court: Case against ex-AIG execs can continue
Headline Legal News |
2016/06/01 17:44
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New York's attorney general can continue his legal effort to bar two former American International Group Inc. executives from the securities industry and forfeit any improperly gained profits, the state's highest court ruled Thursday.
The Court of Appeals for the second time refused to dismiss the lawsuit originally filed in 2005 by then-Attorney General Eliot Spitzer, ruling it should go to trial.
The suit claims ex-AIG chief executive Maurice "Hank" Greenberg and ex-chief financial officer Howard Smith had engaged in fraudulent reinsurance transactions to conceal from investors a deteriorating financial condition.
AIG itself resolved state charges as part of a $1.64 billion agreement with regulators in 2006. The insurance giant was bailed out by the federal government in the 2008 financial crisis.
Greenberg and Smith settled related federal Securities and Exchange Commission complaints without admitting wrongdoing in 2009.
Their attorneys challenged the state lawsuit, arguing that New York's Martin Act against securities fraud authorizes neither a permanent industry ban nor disgorgement of profits, and that releases from other settlements barred further financial forfeit.
"As we have previously stated, in an appropriate case, disgorgement may be an available 'equitable remedy distinct from restitution' under the state's anti-fraud legislation," Judge Leslie Stein wrote. "Moreover, as with the attorney general's claim for an injunction, issues of fact exist which prevent us from concluding, as a matter of law that disgorgement is unwarranted."
The court rejected another dismissal motion two years ago, concluding there was sufficient fraud evidence for trial. |
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Arkansas funeral home pleads guilty over stacked bodies
Headline Legal News |
2016/04/23 17:21
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The company that owns an Arkansas funeral home where bodies were found stacked on top of each other in unrefrigerated areas pleaded guilty Friday after felony charges were dropped against the father and son who own the business.
Arkansas Funeral Care pleaded guilty in Pulaski County Circuit Court to five felony counts of abuse of a corpse after 13 abuse of corpse charges were dismissed against LeRoy Wood and Rod Wood. The plea agreement finalized days before a trial scheduled for Monday also dropped eight corpse abuse charges against the Jacksonville funeral home.
The company faces up to $100,000 in fines during a sentencing hearing scheduled for May 19.
LeRoy Wood's attorney, Dustin McDaniel, said "none of it was on purpose" and his client "hopes the families of the loved ones who were involved in this know how deeply sad he is that any of this had happened."
"We are at the same time deeply gratified that the state has dropped the charges against them individually," McDaniel said.
The funeral home's license was suspended last year after the state licensing agency investigated complaints by a former employee and found a cooler "filled beyond capacity with bodies" and bodies "stacked on top of each other." Investigators removed 31 bodies and 22 cremated remains from the business.
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Nevada court hears casino mogul Adelson's defamation case
Headline Legal News |
2016/04/05 17:37
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Nevada's highest court is being asked if a political group defamed casino mogul Sheldon Adelson in 2012 with an Internet ad alleging that he used prostitution-tainted money from casinos in China to fund Republican presidential campaigns in the United States.
A key question during Nevada Supreme Court oral arguments on Monday was whether online point-and-click "hyperlinks" are comparable to footnotes on a printed page — and whether they were enough to inform ad readers that Adelson denied the prostitution claim when it was made in a civil lawsuit.
"This Web page wasn't designed to be fair," Daniel Polsenberg, an attorney for Adelson, told the five justices hearing the case. "It states that Mr. Adelson approved of prostitution. That's not enough."
Lee Levine, attorney for the National Jewish Democratic Council, said hyperlinks are familiar to most Internet users, and as convenient for readers as footnotes and endnotes in books and articles.
The justices also heard related arguments about whether Nevada's anti-SLAPP law protected the council when criticizing one of the world's wealthiest men. The statute aims to prevent so-called strategic lawsuits against public participation.
Adelson accuses the Washington-based council and two of its executives of "assassinating" his character by falsely claiming that he personally approved illegal activities in Macau resorts owned by Sands China Limited, a subsidiary of Las Vegas Sands.
Adelson, CEO of Las Vegas Sands, denied the claims when they were made public as part of a wrongful termination lawsuit filed in Nevada state court by former Sands China executive Steven Jacobs. That case is not yet resolved.
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Supreme Court Rejects Conservative Group’s Argument
Headline Legal News |
2016/04/05 17:32
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A unanimous Supreme Court ruled Monday that states can count everyone, not just eligible voters, in deciding how to draw electoral districts.
The justices turned back a challenge from Texas voters that could have dramatically altered political district boundaries and disproportionately affected the nation’s growing Latino population.
The court ruled that Texas’ challenged state Senate districting map, using total population, complied with the principle of “one person, one vote,” the requirement laid out by the Supreme Court in 1964 that political districts be roughly equal in population.
A unanimous Supreme Court ruled Monday that states can count everyone, not just eligible voters, in deciding how to draw electoral districts.
The justices turned back a challenge from Texas voters that could have dramatically altered political district boundaries and disproportionately affected the nation’s growing Latino population.
The court ruled that Texas’ challenged state Senate districting map, using total population, complied with the principle of “one person, one vote,” the requirement laid out by the Supreme Court in 1964 that political districts be roughly equal in population.
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