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Top court eases rules for foreigners to try to stay in US
Breaking Legal News |
2008/06/16 09:04
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The Supreme Court has made it easier for some foreigners who overstay their visas to seek to remain in the United States legally. The court ruled 5-4 Monday that someone who is here illegally may withdraw his voluntarily agreement to depart and continue to try to adjust his status while in the United States. The case involved two seemingly contradictory provisions of immigration law. One allows people to avoid being deported by agreeing to leave the country voluntarily. The advantage to that course is that the wait to get back to the United States is shorter. The other provision allows immigrants who are here illegally but whose circumstances have changed to make their case to immigration officials. To do that, however, they must remain in the country. |
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Supreme Court rejects limits on FOIA lawsuits
Breaking Legal News |
2008/06/13 09:02
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The Supreme Court has rejected limits on Freedom of Information Act lawsuits that seek the same information as earlier legal actions. In a unanimous ruling, the justices said Thursday a lower court was wrong to conclude that a vintage airplane buff could not sue for the same documents that were sought by a fellow lover of antique aircraft. Brent Taylor is executive director of the Antique Aircraft Association and a mechanic who restores vintage airplanes. He sued the Federal Aviation Administration for the plans for an antique F-45 plane. Taylor filed his lawsuit less than a month after an appeals court issued its ruling against another member of the same organization who sought the same plans. Government watchdogs and press freedom groups backed Taylor. They worried that government agencies would try to short-circuit efforts by people who request similar records for different reasons. |
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Group asks Calif. court to ban gay marriage
Breaking Legal News |
2008/06/13 09:00
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A conservative Christian legal group on Thursday made a last-ditch effort to stop gay marriages in California by asking a midlevel appeals court to temporarily prohibit county clerks from issuing marriage licenses to same-sex couples beginning next week. The Virginia-based Liberty Counsel, in a petition with the 1st District Court of Appeal in San Francisco, argued that the wording of the California Supreme Court ruling legalizing gay marriages allows the lower court to set the terms and schedule for implementing the decision. Liberty Counsel argued that the high court's May 15 ruling put dozens of state laws addressing marriage into conflict and that the Legislature needs time to address those issues. Barring any further legal intervention, gay couples will be able to start marrying in California at 5:01 p.m. Monday, when the Supreme Court's decision becomes final. The ruling to legalize gay marriage overturned a decision by the Court of Appeal, which is therefore required to issue an order consistent with the high court's 4-3 opinion. San Francisco City Attorney Dennis Herrera called Liberty Counsel's filing "absurd." "I am not aware of a process in American law that enables parties to effectively appeal a higher court ruling to a lower court," Herrera said. Vik Amar, a professor of constitutional law at the University of California, Davis, said it was unlikely the lower court would go against the will of the state Supreme Court. "It would be an abuse of discretion to ignore the clear statement made by the Supreme Court when they turned down the stay and grant one now," Amar said. |
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High Court ruling may delay war crimes trials
Breaking Legal News |
2008/06/13 08:01
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The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay may challenge their detention in U.S. civilian courts. In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the constitutional rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority. Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." Kennedy said federal judges could ultimately order some detainees to be released, but that such orders would depend on security concerns and other circumstances. President Bush was unhappy with the ruling. "We'll abide by the court's decision. That doesn't mean I have to agree with it," the president said during a press conference in Rome. "It was a deeply divided court, and I strongly agree with those who dissented." Bush also said he would consider whether to seek new laws in light of the ruling "so we can safely say to the American people, 'We're doing everything we can to protect you.'" It was not immediately clear whether this ruling, unlike the first two, would lead to prompt hearings for the detainees, some of whom have been held more than 6 years. Roughly 270 men remain at the island prison, classified as enemy combatants and held on suspicion of terrorism or links to al-Qaida and the Taliban. |
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Veteran attorneys establish new law firm
Legal Marketing |
2008/06/13 02:02
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Veteran Alexandria attorneys Lonnie C. Rich and Edward S. Rosenthal have formed a new full-service law firm, Rich Rosenthal Manitta Dzubin & Kroeger, LLP (RRMDK). The new firm’s offices are located in the historic Torpedo Factory Office Building at 201 North Union Street in Old Town. RRMDK practice areas include family law; wills, trusts and estates; business organization, transactions and litigation; federal and state criminal defense and appeals; and civil liberties and constitutional law. Rich and Rosenthal, former partners in the law firm of Rich Greenberg Rosenthal & Costle, LLP (RGRC), each bring more than 30 years experience to the new firm. Former RGRC associates, Lana M. Manitta, Richard F. Dzubin and Shannon L. Kroeger, have joined RRMDK as partners. “I have never been more excited about the opportunity this new firm represents,” said Lonnie Rich. “This allows us to build a practice focused on serving the legal needs of individuals and businesses in Alexandria and its neighboring communities.” Rich received his J.D. from the University of Memphis Law School in 1974. His primary practice areas include wills, trusts and estate planning; business affairs; real estate and land use matters; and employment. Additionally, Rich served on the Alexandria City Council from 1991 to 2000. Contact lcrich@rrmdk.com. Edward Rosenthal graduated from the Georgetown University Law Center with his J.D. in 1976. Rosenthal has broad experience in civil litigation; criminal defense; personal injury; and appellate advocacy. Contact esrosenthal@rrmdk.com. Lana Manitta received her J.D. from the Georgetown University Law Center in 1998. Her practice areas include criminal defense and family law. Contact lmmanitta@rrmdk.com. Richard Dzubin graduated from the University of Richmond School of Law with his J.D. in 1999. His practice areas include commercial, criminal and civil litigation, including personal injury. Additionally, Dzubin serves as general counsel for the Alexandria Chamber of Commerce. He can be reached at rfdzubin@rrmdk.com. Shannon Kroeger received a J.D. from the University of Richmond in 2000. She concentrates in the area of family law and domestic relations. Kroeger can be reached at slkroeger@rrmdk.com |
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High Court sides with Guantanamo detainees again
Breaking Legal News |
2008/06/12 09:35
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The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts. In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority. Justice Anthony Kennedy, writing for the court, said, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." Kennedy said federal judges could ultimately order some detainees to be released, but that such orders would depend on security concerns and other circumstances. The White House had no immediate comment on the ruling. White House press secretary Dana Perino, traveling with President Bush in Rome, said the administration was reviewing the opinion. |
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Texas justice of peace must stop paddling in court
Law Center |
2008/06/12 05:37
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A justice of the peace can no longer give parents the choice of paying a fine or paddling their children in open court for now, a judge ruled Wednesday. Los Fresnos Justice of the Peace Gustavo Garza was sued by three families who say Garza left them with no real option when he told them they must pay a fine for their children's transgressions or paddle them in open court. Until District Judge Abel Limas can resolve that case, he ordered Garza to halt the paddling. A trial date has not been set. The lawsuit was initially brought by the parents of a 15-year-old Los Fresnos girl who appeared in Garza's court in April for skipping school. Daniel Zurita paddled his stepdaughter with one of the two wooden paddles Garza displays in his courtroom after the justice said it was either that or pay a $500 fine. Last week, Garza said offering paddling as an option was lawful and that 98 percent of parents took that choice. Garza was represented by Cameron County attorney Richard Burst at a hearing Wednesday. A woman in the county attorney's office who did not identify herself declined comment and hung up. A message left for Garza at his office was not immediately returned. Plaintiff attorney Mark Rossi said Burst rejected his offer to stop the case if Garza would halt the paddling in his courtroom and apologize. |
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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. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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