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Nevada Officials Won't Defend Gay Marriage Ban
Legal Business |
2014/02/13 23:48
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In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.
Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban pending before a federal appeals court, saying a recent court decision made the state's arguments "no longer defensible."
Attorney General Catherine Cortez Masto filed a motion with the 9th Circuit Court of Appeals that said Nevada's legal arguments supporting the voter-approved prohibition aren't viable in light of the court's recent ruling that said potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.
"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.
Nevada's move comes as courts around the country and the federal government have chipped away at laws that prohibit same-sex marriage and benefits in recent months. Meanwhile, some states and interest groups have rallied to defend limiting marriage to between a man and a woman. |
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Lawmakers push back against Washington high court
Legal Business |
2014/01/27 22:16
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Washington state's highest court has exercised an unusual amount of power on education funding, and it's prompted some lawmakers to raise constitutional concerns.
Before last year's legislative session, the court ruled that the state wasn't meeting its obligation to amply pay for basic education. In response, the Legislature added about $1 billion in school-related spending, and lawmakers widely agree they'll add more funding in coming years.
Earlier this month, the court went a step further, analyzing specific funding targets while telling lawmakers to come back with a new plan by the end of April.
Those specific demands have irked budget writers in the Legislature.
"They are way out of their lane," said Republican Sen. Michael Baumgartner.
Baumgartner expects lawmakers will continue adding "substantially new resources" to the state education system, but he said the court's position could erode the proper balance of power in Olympia. Baumgartner hopes lawmakers will ignore the court's latest demands, or he fears justices may exercise more power going forward. |
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Texas Supreme Court limits insurance exclusions
Legal Business |
2014/01/20 22:19
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The Texas Supreme Court issued a key ruling Friday that should boost consumer confidence in the liability insurance coverage that builders and general contractors carry.
Writing for the court, Justice Phil Johnson denied an insurance company's attempt to avoid paying a claim based on language found in most commercial general liability insurance policies. The court's decision was one of the most anticipated insurance cases in the country because Texas decisions often influence other courts across the nation, said Randy Maniloff, an insurance law expert at the White and Williams law firm in Philadelphia.
If the Texas Supreme Court had ruled in favor of the insurance company, coverage of construction mistakes in Texas would have virtually disappeared.
"Many contractors don't have the wherewithal to make good on their construction defects, so a lot of times insurance is the make-or-break issue for purposes of somebody getting compensation," Maniloff said. "This decision helps homeowners keep that insurance in place."
Most general liability policies have a clause that allows the insurance company to exclude liability claims when a contractor assumes liability "in a contract or agreement." Insurance companies often require contractors to buy additional coverage when they take on greater risk. |
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Supreme Court Puts Utah Same-Sex Marriage on Hold
Legal Business |
2014/01/06 19:39
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The Supreme Court on Monday put same-sex marriages on hold in Utah, at least while a federal appeals court more fully considers the issue.
The court issued a brief order blocking any new same-sex unions in the state.
The order grants an emergency appeal by the state following the Dec. 20 ruling by U.S. District Judge Robert Shelby that the state's ban on same-sex marriage violates gay and lesbian couples' constitutional rights.
More than 900 gay and lesbian couples have married since then.
The high court order will remain in effect until the Denver-based 10th U.S. Circuit Court of Appeals decides whether to uphold Shelby's ruling.
The state's request to the Supreme Court was filed with Justice Sonia Sotomayor, who handles emergency appeals from Utah and the five other states in the 10th Circuit. Sotomayor turned the matter over to the entire court.
The action now shifts to Denver, where the appeals court will consider arguments from the state against same-sex marriage as well as from the three gay and lesbian couples who challenged the ban in support of Shelby's ruling. The appeals court had twice rebuffed the state's plea to stop gay weddings pending appeal. |
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Gay couples wed in Utah after judge overturns ban
Legal Business |
2013/12/23 20:32
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Elisa Noel rushed to the county clerk's office with her partner immediately after learning that a federal judge overturned Utah's ban on gay marriage. They waited in line for a wedding license and were married in an impromptu ceremony punctuated with Noel giving the officiant a high-five.
"I can't believe this is Utah," Noel said moments after a ceremony that took place about 3 miles from the headquarters of the Mormon church.
Others had a similar reaction after a ruling by U.S. District Judge Robert J. Shelby that declared Utah's voter-approved ban on gay marriage unconstitutional. The recent appointee by President Obama said the ban violates the constitutional rights of gay couples and ruled Utah failed to show that allowing same-sex marriages would affect opposite-sex marriages in any way.
The ruling prompted a frenzy of activity by lawyers and gay couples. The Republican governor blasted the ruling as going against the will of the people. Gay couples rushed to the Salt Lake County Clerk's office en masse to secure marriage licenses, waiting in line by the dozens and getting married on the spot by the mayor and ministers. |
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Court: Exec guilty over faulty French implants
Legal Business |
2013/12/12 21:39
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A disgraced French businessman was convicted of fraud and sentenced to four years in prison on Tuesday for filling tens of thousands of breast implants with industrial grade silicone. But he left the courthouse freely after lodging an appeal, and thousands of women will have to wait longer to discover if they will receive damages.
The ruling in the criminal case by a court in Marseille, which all the trappings of a class-action lawsuit, ordered up to 40 million euros ($55 million) in damages paid to a fraction of the 125,000 women worldwide who received the implants.
However, that sum for Jean-Claude Mas' company, Poly Implant Prothese, was largely theoretical because it is bankrupt, and because the appeal froze any efforts to find alternate sources. It will be months, if not years, before any women see money many say they need to remove the faulty, leak-prone implants.
In addition to his prison sentence, the French businessman was fined 75,000 euros ($103,000).
His lawyer promised to appeal immediately, and Mas left the courthouse without comment. The appeal freezes the jail term, fine and any damages.
Four managers in the now-defunct Poly Implant Prothese received lesser sentences.
The decision established a complex system of damages for about two-thirds of the 7,100 women who joined the case, with a potential total of 40 million euros ($55 million) to be paid by those convicted. But, like Mas' fine, it was not clear where that money would come from. |
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Seattle lawyer left $188 million charitable trust
Legal Business |
2013/12/02 21:21
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A Seattle lawyer who quietly amassed a fortune by investing his inherited family wealth has left a bequest of nearly $188 million to benefit Seattle Children's Hospital, the University of Washington School of Law and the Salvation Army.
Hospital officials said, in announcing Jack MacDonald's bequest Tuesday, that it was the largest charitable gift in Seattle Children's 106-year history. The Law School said it was also the largest gift in its 114-year history.
The three organizations will receive income earned by the trust each year, with 40 percent, or nearly $4 million a year, going to support pediatric research at the hospital in honor of his mother, a long-time hospital volunteer. Thirty percent of the income goes to support student scholarships and other needs at the law school, where he graduated in 1940, in appreciation of his education.
The remaining 30 percent supports the Salvation Army in honor of MacDonald's father, Frederick MacDonald, who owned MacDonald Meat Co. and wanted to help men and women in need.
Jack MacDonald died in September at age 98. He worked for three decades as an attorney for the Veterans Administration in Seattle. |
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