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Texas tries to block gay divorce in appeals court challenge
Court Watch | 2010/04/22 11:43

A lawyer for a Dallas man trying to divorce the man he married in Massachusetts told a Texas appeals court Wednesday that his client is entitled to a divorce because he had a valid marriage.

But the Texas Attorney General's Office argued before the three-judge 5th Texas Court of Appeals panel that the marriage isn't recognized by Texas, so they cannot get a divorce. Jimmy Blacklock, an assistant Texas solicitor general, said the men's union can only be voided.

"The parties lack standing to file a divorce case because they're not married," he said.

The Dallas men wed in 2006 in Massachusetts, where gay marriage is legal, and separated two years later.

Attorney General Greg Abbott appealed a Dallas state district judge's ruling in October that granted a divorce to the men and said the state's same-sex marriage ban violates equal rights guaranteed by the U.S. Constitution.

Abbott is also appealing an Austin judge's ruling this spring that granted a divorce to two women married in Massachusetts.



Detroit law firm Bodman follows client to Dallas
Law Firm News | 2010/04/22 08:44

Detroit law firm Bodman LLP has opened for business in Dallas by affiliating with Strong & Willcox LLP, a Dallas firm.

Two partners at Strong & Willcox have joined Bodman "of counsel" and will work on transactions requiring a presence in Texas. Staci Strong Heuvel and Misty Willcox will also continue working on non-Bodman work at their own firm.

Bodman, a 140-attorney business law firm based in Detroit, is opening shop in Dallas to follow its clients to Texas.

"Establishing a Texas office positions Bodman to handle more of their local legal needs," said Bodman Chairman Ralph E. McDowell.

McDowell didn't name any names, but Comerica Inc. moved from Detroit to Dallas in 2007.

In announcing the Texas expansion, McDowell said Bodman aims to keep its billing rates low.



ICC Prosecutor condemns Sudan noncooperation
International | 2010/04/22 01:44

The International Criminal Court prosecutor wants judges to report Sudan to the U.N. Security Council for refusing to hand over a government minister and a militia leader accused of atrocities in Darfur.

Luis Moreno Ocampo said in a written request to the court's judges publicized Thursday that Sudan is refusing to arrest Humanitarian Affairs Minister Ahmed Harun and Janjaweed militia leader Ali Kushayb.

The court ordered the men arrested in 2007 on 51 charges of crimes against humanity and war crimes.

It is unclear what effect — if any — the request will have on Sudanese President Omar al-Bashir. He also is wanted by the court for allegedly ordering atrocities in Darfur and has repeatedly refused any cooperation.

Moreno Ocampo said that Al-Bashir's regime "continues to commit crimes, promotes and protects the persons sought by the Court, and harasses all persons who are considered to be in favor of justice."



Debt Collectors Can Face Lawsuits for Mistakes
Breaking Legal News | 2010/04/21 09:45

The Supreme Court Wednesday made it easier for consumers to sue debt collectors for sending erroneous collection notices.

The high court, in a 7-2 opinion by Justice Sonia Sotomayor, ruled that debt collectors can't shield themselves from such lawsuits by arguing that they made a legal error when sending a collection notice.

"We have long recognized the common maxim, familiar to all minds, that ignorance of the law will not excuse any person, either civilly or criminally," Justice Sotomayor wrote in a 30-page opinion.

At issue were the actions of an Ohio law firm that initiated foreclosure proceedings on behalf of Countrywide Home Loans Inc.

The homeowner, Karen Jerman, disputed that the debt existed. Countrywide later acknowledged that Ms. Jerman had in fact paid the debt, and the law firm withdrew the foreclosure lawsuit.

Ms. Jerman then sued the law firm, arguing that it violated federal debt-collection law by stating in its foreclosure suit that Ms. Jerman's alleged debt would be assumed to be valid unless she contested in writing.

A lower court agreed with Ms. Jerman that the firm violated the federal Fair Debt Collection Practices Act, but ruled that the law firm was shielded from liability because the violation wasn't intentional and was the result of a bona fide legal error.

Justice Sotomayor and the court disagreed, ruling that Congress hadn't explicitly provided a mistake-of-law defense to debt collectors.

Justice Anthony Kennedy, joined by Justice Samuel Alito, dissented, saying the court's ruling could allow abusive litigation by plaintiffs' lawyers.



Milbank Is Latest U.S. Law Firm to Set Up in Brazil
Law Firm News | 2010/04/21 09:44

Milbank Tweed Hadley & McCloy LLP, a New York law firm, is opening an office in Sao Paulo, Brazil, joining other U.S. firms that have set up shop during the past year in Latin America’s largest economy.

Andrew B. Janszky of New York law firm Shearman & Sterling LLP, a New York-based law firm, will head Milbank’s new office in Sao Paulo, Milbank said in a statement.

Law firms including Simpson Thacher & Bartlett LLP, DLA Piper LLP, and Mayer Brown LLP have also set up or expanded offices in Sao Paulo in the past six months, taking advantage of an economy that may grow almost 6 percent this year.

“Milbank has developed a very strong practice in infrastructure finance, capital markets and M&A throughout Brazil,” Milbank Chairman Mel Immergut said in the statement. “In Andrew, as the head of our proposed new office, we will have an attorney who has unusual strengths in all these areas.”



Judge says ex-Detroit mayor violated probation
Political and Legal | 2010/04/21 09:43

A judge ruled Tuesday that former Detroit Mayor Kwame Kilpatrick violated terms of his probation by failing to report some of his assets but held off deciding whether to send him to jail.

Wayne County Circuit Court Judge David Groner said Kilpatrick could remain free on bond pending his sentencing on May 20, but strongly suggested Kilpatrick may be headed to jail and ordered state corrections officials to prepare a pre-sentence report and submit it to the court.

Prosecutors have said Kilpatrick hasn't paid enough toward his $1 million restitution to Detroit.

But Groner said Kilpatrick didn't violate his probation by failing to pay or claiming he couldn't pay. Instead, the judge found him guilty for failing to disclose his assets and forfeit tax returns as part of the original plea agreement and subsequent order.

Kilpatrick pleaded guilty in 2008 to misconduct tied to his lying under oath about an affair with a staff member in a whistle-blowers' lawsuit. He served 99 days in jail agreed to give up his law license and his political career and repay the city $1 million for settling an employment lawsuit related to his misdeeds.



Law Firm Expands CRE Services With Dallas Office
Legal Business | 2010/04/21 04:44

Seattle-based Perkins Coie has opened an office in Dallas, which the law firm says will allow it to better serve the interests of national clients in Texas. Former Greenberg Traurig shareholder Steven R. Smith has joined the firm and will head the new office, focusing his practice on real estate workouts and lending.

The addition of Smith helps Perkins expand its representation of commercial mortgage-backed securities (CMBS) special servicer clients, many of which have offices in Dallas.

"We are committed to expanding our real estate capabilities and Steve will help us pursue that strategic goal,” states Perkins Managing Partner Bob Giles.

In addition to representing CMBS special servicers, Smith will represent conduit and other lenders involved in the financing of commercial real estate. He brings to the firm experience working with defeasance transactions, assumptions, loan modifications, REMIC tax issues, pooling and servicing agreement compliance and review, workouts, receiverships, foreclosure, bankruptcies, asset dispositions, litigation, and loan sales.



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