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New York Personal Injury Attorney - John Q. Kelly
Court Watch | 2015/03/11 14:40
JOHN Q. KELLY, referred to “…as the most sought after wrongful death lawyer in the land”, has an unsurpassed track record in high stakes, high profile wrongful death and personal injury litigation.

Subsequent to his landmark verdict as lead attorney for the Estate of Nicole Brown Simpson in its wrongful death action against O.J. Simpson, Mr. Kelly continues to successfully handle matters that receive national and international coverage, and has a reputation as a meticulous, no-nonsense litigator, schooled in the nuances of physical, forensic and circumstantial evidence, battle-tested in the courtroom on countless occasions, and seasoned by 30 years of deftly interacting with the media.

Mr. Kelly has appeared as both a featured guest and/or legal commentator frequently on all major network and cable news shows (NBC, ABC, CBS, CNN, Fox News) and been profiled/referenced in a multitude of publications, including Time Magazine, Newsweek Magazine, People Magazine, Worth Magazine, Greenwich Magazine, New York Magazine, New York Times, New York Post and New York Daily News.

Mr. Kelly is admitted to the New York State Bar and the Southern and Eastern Districts of the United States District Court and has argued appeals in the Second and Third Circuits of the U.S. Court of Appeals and New York State Appellate Division, 1st and 2nd Departments. He has handled matters in Connecticut, New York, Illinois, Arizona, California, Texas, Colorado, Pennsylvania, Florida, Puerto Rico, Aruba and Australia. Mr. Kelly divides his time between his office in New York City and in Greenwich, CT.


Court upholds death sentence for Pakistan governor's killer
Breaking Legal News | 2015/03/11 14:39
A Pakistani court has upheld the death sentence of a man convicted of killing a provincial governor he had accused of blasphemy.

But the two-judge panel in Islamabad on Monday threw out the terrorism charges against him.

Mumtaz Qadri, a former police commando, was supposed to be protecting Gov. Salman Taseer in 2011 when he shot and killed him. Qadri's defense was that Taseer opposed Pakistan's so-called "blasphemy laws."

Qadri was convicted and sentenced in 2011.

It is unclear whether Qadri will be put to death as Pakistan has thousands of people on death row but also has a moratorium on carrying out executions. Prime Minister Nawaz Sharif partially lifted the moratorium in December, allowing it to be used in terrorism-related cases.


Justices pepper health care law opponents with questions
Class Action | 2015/03/05 13:34
Supreme Court justices peppered opponents of President Barack Obama's health care law with skeptical questions during oral arguments Wednesday on the latest challenge to the sweeping legislation.

Justice Anthony Kennedy, whose vote is seen as pivotal, suggested that the plaintiffs' argument raises a "serious" constitutional problem affecting the relationship between states and the federal government.

The plaintiffs argue that only residents of states that set up their own insurance markets can get federal subsidies to help pay their premiums.

Millions of people could be affected by the court's decision. The justices are trying to determine whether the law makes people in all 50 states eligible for federal tax subsidies to cut the cost of insurance premiums. Or, does it limit tax credits only to people who live in states that created their own health insurance marketplaces?

During oral arguments, the courts' liberal justices also expressed doubts. In an earlier case involving the law, however, Kennedy was on the opposite side, voting to strike down a key requirement.

A ruling that limits where subsidies are available would have dramatic consequences because roughly three dozen states opted against their own marketplace, or exchange, and instead rely on the U.S. Health and Human Services Department's healthcare.gov. Independent studies estimate that 8 million people could lose insurance coverage.


Bankrupt Caesars unit gets court's OK to use cash, for now
Breaking Legal News | 2015/03/05 13:33
A federal judge in Chicago ruled Wednesday that a bankrupt division of Caesars Entertainment Corp. can tap some of the $847 million in cash it has on hand for at least five weeks.

Judge Benjamin Goldgar said Caesars Entertainment Operating Co. could access its cash in the interim despite objections from some of the company's creditors.

A budget the company submitted to the court indicated it plans to spend $334 million through April 3. The documents showed revenue is expected to offset spending and leave the company with $834 million in cash at the end of five weeks.

Goldgar scheduled a hearing to reconsider the motion on March 26.

Several other motions, including requests for an examiner to investigate the company's pre-bankruptcy transactions, were delayed until March 25.

The company was also seeking to get out from under several contracts that would save it $675,000 a month.

Among the contracts is a suite for Kansas City Chiefs football games, a sponsorship with the New York Mets, an advertising agreement with The Forum in Los Angeles, and deals with a tour bus operator to support its Horseshoe Bossier City casino in Louisiana and a nearby Springhill Suites hotel operator where the company regularly reserved a block of rooms.


Supreme Court sides with Kansas in water dispute
Breaking Legal News | 2015/02/25 09:38
The Supreme Court on Tuesday ordered Nebraska to pay Kansas $5.5 million in a long-running legal dispute over use of water from the Republican River.

The justices also gave Nebraska some of what it asked for and ordered changes to the formula for measuring water consumption. Nebraska argued that the formula was unfair.

Justice Elena Kagan, writing the majority opinion, said the court was adopting the recommendations of the independent expert the justices appointed to help resolve the states' differences.

The dispute centers on a 1943 compact allocating 49 percent of the river's water to Nebraska, 40 percent to Kansas and 11 percent to Colorado. Since 1999, Kansas has complained that Nebraska uses more than its fair share of water from the river, which originates in Colorado and runs mostly through Nebraska before ending in Kansas.

"Both remedies safeguard the compact; both insist that states live within its law," Kagan wrote.

Nebraska Attorney General Doug Peterson's office said it was pleased with the decision. The $5.5 million award is significantly less than the $80 million that Kansas had sought.

"We hope the decision will move the basin states forward and provide continued incentives toward shared solutions to our common problems," the office said in a statement. "We are confident that payment of the court's recommended award will finally allow us to leave the past where it belongs — in the past."

While calling the decision "reasonable," Nebraska Gov. Pete Ricketts said he looked forward to working with his Kansas and Colorado counterparts to move forward.


NC Appeals Court says DOT must pay landowners
Breaking Legal News | 2015/02/25 09:36
The North Carolina Court of Appeals says the state transportation department must pay some landowners whose property is in the path of a proposed road in Forsyth County.
 
Multiple media outlets reported that a three-judge panel of the court ruled Tuesday that a lower court was wrong to refuse to hear a lawsuit by 11 landowners who said the state's designation of their land in the proposed road's path hurt their property values.

There is no indication when the road might be built.

The 11 landowners say the state's designation of their property in the path of the planned road limits what they can do with the land.

The state attorney general's office is consulting with transportation officials on the ruling. They could appeal to the North Carolina Supreme Court.


Court says Chuck Yeager can sue Utah gun safe company
Law Promo News | 2015/02/16 11:33
A federal appeals court says record-setting test pilot Chuck Yeager can sue a Utah gun safe company that named a line of safes after him.

The 10th U.S. Circuit Court of Appeals in Denver ruled Tuesday that the 91-year-old can sue Fort Knox Security Products over an oral agreement from the 1980s that allowed the use of his name and picture in exchange for free safes.

The decision says the arrangement ended around 2008, after Yeager's wife started asking questions about it.

The court dismissed some claims but ruled that Yeager can sue over claims that the company kept using his likeness after the agreement ended. The company disputes that accusation.

Yeager served during World War II and became the first person to break the sound barrier in 1947.


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   Legal Resource
Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. Medicare fraud advanced prosthetic devices
 
 
 
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