Court again upholds Fla. homeowner tax breaks
Legal Topics | 2009/11/18 18:00

A three-judge panel Tuesday rejected another challenge to state constitutional amendments that give property tax breaks to Florida's primary homeowners, but not to owners of second homes.

The panel of the 1st District Court of Appeal disagreed with arguments that the amendments violate U.S. constitutional rights of travel and interstate commerce by favoring longtime Florida homeowners over those who have recently moved to the state.

The judges cited a July decision that also upheld the Save Our Homes Amendment, which limits annual assessment increases to no more than 3 percent for homesteads, in a case filed by out-of-state residents who own second homes.

In the new case filed by recently arrived Florida residents, the judges also for the first time upheld a new state constitutional amendment passed last year that includes a "portability" provision. It lets homeowners take at least part of their Save Our Homes benefits with them when they move.

The panel, though, returned a third appeal attacking both tax breaks to a trial judge for reconsideration because he erroneously dismissed the case on grounds that he lacked jurisdiction. That case also was filed by out-of-state residents who own second homes in Florida.

The appellate court in July ruled the tax benefit is based on the way the property is used, not on the status of the owner as a resident or nonresident. That case, now on appeal to the Florida Supreme Court, did not include the portability provision.



Fla. lawyer suspected in $1B fraud losing license
Legal Topics | 2009/11/18 18:00

A South Florida lawyer suspected of operating a $1 billion Ponzi scheme is asking for his own disbarment.

A Florida Bar committee has approved the disbarment request submitted by attorney Scott Rothstein. A spokeswoman said Wednesday the final decision must be made by the state Supreme Court.

The FBI says Rothstein sold investments in legal settlements that did not exist. The total amount lost could top $1 billion. No criminal charges have been filed yet.

Once disbarred, Rothstein would no longer be allowed to serve on a panel that nominates appeals court judges. Gov. Charlie Crist appointed Rothstein to that panel in 2008. Rothstein was a major contributor to Crist and many other high-profile politicians nationwide.



Chavez says Obama did "nothing" to deserve Nobel
Legal Topics | 2009/10/12 17:07
CARACAS (Reuters) - Venezuela's socialist leader Hugo Chavez said on Sunday that U.S. President Barack Obama had done nothing beyond wishful thinking to earn the Nobel Peace Prize.

Chavez, who has mixed praise for Obama personally with criticism of his government's "imperialist" policies, said he thought it was a mistake when he read the U.S. leader had won.

"What has Obama done to deserve this prize? The jury put store on his hope for a nuclear arms-free world, forgetting his role in perpetuating his battalions in Iraq and Afghanistan, and his decision to install new military bases in Colombia," Chavez wrote in a column.

"For the first time, we are witnessing an award with the nominee having done nothing to deserve it: rewarding someone for a wish that is very far from becoming reality."

Chavez said giving Obama the Nobel award was like giving a baseball pitcher a prize simply for saying he was going to win 50 games and strike out 500 batters.

Although mild compared to some of the virulent rhetoric he often uses against the United States, Chavez's criticism contrasted with the assessment of his mentor, Fidel Castro.

Read more...


Obama's nominees for federal court vacancies
Legal Topics | 2009/10/02 22:58

A look at President Barack Obama's nominees to fill federal court vacancies:

___

NOMINEES CONFIRMED

_ Sonia Sotomayor, Supreme Court, nominated June 1, confirmed Aug. 6.

_ Gerard Lynch, 2nd Circuit, nominated April 2, confirmed Sept. 17.

_ Jeffrey L. Viken, district judge-South Dakota, nominated June 25, confirmed Sept. 29.

___

APPEALS COURT NOMINEES AWAITING CONFIRMATION

_ Joseph A. Greenaway, 3rd Circuit, nominated June 19.

_ Thomas I. Vanaskie, 3rd Circuit, nominated Aug. 6.

_ Andre M. Davis, 4th Circuit, nominated April 2.

_ Barbara Milano Keenan, 4th Circuit, nominated Sept. 14.

_ Jane Branstetter Stranch, 6th Circuit, nominated Aug. 6.

_ David F. Hamilton, 7th Circuit, nominated March 17.

_ Beverly Baldwin Martin, 11th Circuit, nominated June 19.

___

DISTRICT COURT NOMINEES AWAITING CONFIRMATION

_ Irene Cornelia Berger, district judge-West Virginia, nominated July 8.

_ Louis Butler Jr., district judge-Wisconsin, nominated Sept. 30.

_ Edward Milton Chen, district judge-California, nominated Aug. 6.

_ Charlene Edwards Honeywell, district judge-Florida, nominated June 25.

_ Dolly M. Gee, district judge-California, nominated Aug. 6.

_ Abdul K. Kallon, district judge-Alabama, nominated July 31.

_ Roberto A. Lange, district judge-South Dakota, nominated July 8.

_ Jacqueline H. Nguyen, district judge-California, nominated July 31.

_ Richard Seeborg, district judge-California, nominated Aug. 6.



Justices Meet Early for Campaign-Finance Case
Legal Topics | 2009/09/08 16:17
According to Courthouse News, the Supreme Court ended its summer recess early this year to consider a case that could decide the future of campaign-finance law. The justices will decide whether a conservative nonprofit group should have been blocked from showing a scathing political documentary called "Hillary:The Movie" before the 2008 primary elections.

The Supreme Court will hear arguments in Citizens United v. Federal Election Commission, in which the corporate nonprofit appeals the commission's decision to block the film from pay-per-view TV before the 2008 campaign.

The film's makers called the commission's decision a violation of their free speech. The movie features various pundits and politicos discussing Clinton's bid for the presidency.

"We must never underestimate this woman," one commentator says. "We must never understate her chances of winning. And we must never forget the fundamental danger that this woman poses to every value that we hold dear."


Former Miss California Sues For Religious Discrimination
Legal Topics | 2009/09/01 16:13
The Courthouse News Service is reporting that Former Miss California USA Carrie Prejean sued pageant officials for libel and religious discrimination, claiming she was told to not mention God long before she made her controversial remarks against gay marriage on national TV last April.

The lawsuit, filed in Los Angeles Superior Court, claims California pageant Executive Director Keith Lewis and former Miss USA Shanna Moakler told Prejean not to mention God on her application or in speeches at least two months before the Miss USA contest, in which Prejean was the first runner-up.

Prejean was stripped of her crown in June for allegedly failing to make required appearances and for making unapproved appearances.


Disney Will Buy Marvel Comics
Legal Topics | 2009/08/31 16:13
Courthouse News reports that Walt Disney Co. announced today that it would buy Marvel Entertainment for $4 billion, giving Disney ownership of a huge stable of comic book characters, including Spiderman, the Incredible Hulk, the X-Men, the Silver Surfer and others.

The stock-and-cash deal is valued at about $50 per Marvel share - $30 a share plus just under 0.75 Disney shares for each Marvel share - a 29 percent premium on Marvel stock.


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