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High court looks at reach of Second Amendment
Breaking Legal News | 2010/03/02 09:53

The Supreme Court appeared willing Tuesday to say that the Constitution's right to possess guns limits state and local regulation of firearms. But the justices also suggested that some gun control measures might not be affected.

The court heard arguments in a case that challenges handgun bans in the Chicago area by asking the high court to extend to state and local jurisdictions the sweep of its 2008 decision striking down a gun ban in the federal enclave of Washington, D.C.

The biggest questions before the court seemed to be how, rather than whether, to issue such a ruling and whether some regulation of firearms could survive. On the latter point, Justice Antonin Scalia said the majority opinion he wrote in the 2008 case "said as much."

The extent of gun rights are "still going to be subject to the political process," said Chief Justice John Roberts, who was in the majority in 2008.

At the very least, Tuesday's argument suggested that courts could be very busy in the years ahead determining precisely which gun laws are allowed under the Second Amendment's "right to keep and bear arms," and which must be stricken.

James Feldman, a Washington-based lawyer representing Chicago, urged the court to reject the challenges to the gun laws in Chicago and its suburb of Oak Park, Ill. Handguns have been banned in those two places for nearly 30 years.

The court has held that most of the rest of the Bill of Rights applies to state and local laws. But Feldman said the Second Amendment should be treated differently because guns are different. "Firearms are designed to injure and kill," he said.



In DC, blacks were crucial to gay marriage debate
Law Center | 2010/03/02 08:54
Gay and lesbian couples will soon be able to marry in Washington, but the debate over same-sex marriage has sounded different here, with references to interracial marriage and Martin Luther King.

Over the past year, both sides have courted the support of Washington's black community, a majority of the city's 600,000 residents and one traditionally perceived as opposed to same-sex marriage.

"In D.C., outreach to African-Americans wasn't part of the campaign. It was the campaign," said Michael Crawford, the leader of a pro-same-sex union group, D.C. For Marriage.

Crawford, who is black, said other residents weren't ignored, but his group and others weighed the city's racial makeup in planning their message. That made the debate here different than in other places that have considered gay marriage — places like California, where about 7 percent of residents are black, or Maine, where 1 percent are. Voters in both states struck down gay marriage laws.

In Washington, gay couples are expected to be able to apply for marriage licenses beginning Wednesday — but opponents are still challenging it in court.



Carey, Danis team with Lowe on new law firm
Law Firm News | 2010/03/02 08:54

St. Louis attorneys John Carey, Joseph Danis and Jeffrey Lowe said Monday they formed Carey, Danis & Lowe law firm.

Carey, 48, and Danis, 40, were already practicing together as Carey & Danis LLC, which focused on pharmaceutical liability, mass torts and class actions, recovering more than $800 million for its clients.

The Lowe Law Firm focused its practice on personal injury cases and has won some of the largest jury verdicts in Missouri, obtaining settlements and judgments of more than $150 million. Lowe, 53, obtained a $105 million verdict against Bridgestone/Firestone in 2000 on behalf of Randy Dorman for injuries he suffered when a tire rim assembly exploded.

The new firm will handle pharmaceutical liability, product liability, personal injury, medical malpractice, class actions, and economic loss cases throughout the United States.



High Court Turns Back Hustler Appeal
Court Watch | 2010/03/01 10:02

The Supreme Court is allowing a lawsuit to proceed against Hustler Magazine over decades-old nude photographs of a woman that were published after she was killed by her husband, wrestler Chris Benoit.

The court turned down Hustler's appeal Monday. Benoit killed his wife, Nancy, and their son before committing suicide in 2007.

Hustler published 20-year-old nude photographs of Nancy Benoit after the deaths gained international attention.

Her family filed a federal lawsuit against the Larry Flynt Publishing Group, Hustler's publisher, claiming that the woman, a model and former professional wrestler herself, had asked the photographer to destroy the images immediately after they were shot.



Former Enron CEO's Case Before High Court
Breaking Legal News | 2010/03/01 10:01

Former Enron CEO Jeffrey Skilling is asking the Supreme Court to throw out his convictions in connection with the collapse of the energy giant that cost thousands of jobs and billions of dollars.

Lawyers for Skilling and the government are appearing before the high court Monday as he appeals his 2006 convictions on 19 counts of conspiracy, securities fraud, insider trading and lying to auditors.

Skilling argues he did not have a fair trial in Houston, Enron's hometown, amid anger over Enron's implosion in 2001. He also is contesting his conviction under the federal fraud law making it a crime to deprive shareholders or the public of "the intangible right to honest services."

Critics say the law is vague and unfair.



Court turns down energy company over Okla. taxes
Tax | 2010/03/01 08:02
The Supreme Court has rejected an appeal from an energy company over a court ruling that could allow counties in Oklahoma to collect taxes on natural gas that is shipped by pipelines that run through the counties.

The justices did not comment Monday on their order in an appeal filed by Missouri Gas Energy. In 2008, the Oklahoma Supreme Court ruled that the natural gas is subject to taxation.

The ruling could mean millions for several counties in the state and could affect similar disputes in Kansas and Texas.

Harriet Miers, President George W. Bush's White House counsel and briefly his nominee to the Supreme Court, handled the company's appeal in its lawsuit against Woods County, Okla.



Court orders new look at Fla. murder case
Criminal Law | 2010/03/01 07:02
The Supreme Court has thrown out a Florida court ruling favorable to a former male model sentenced to death for fatally stabbing his friend and an office worker.

The justices on Monday ordered the Florida Supreme Court to take a new look at the case of Thomas Rigterink in light of their ruling last week in another Florida case.

The Florida court threw out Rigterink's conviction and death sentence for the slayings of Allison Sousa, 23, and Jeremy Jarvis, 24. The court cited problems with the Miranda rights warning police gave Rigterink before he confessed to the killings.

But the Supreme Court last week declared Florida's Miranda warning sufficient, despite complaints it wasn't clear a suspect could have a lawyer present during questioning.



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