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Justices allow RICO lawsuit in Illinois case
Breaking Legal News |
2008/06/09 10:04
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The Supreme Court on Monday allowed businessmen to use a powerful law enforcement tool in a lawsuit alleging fraud in tax sales in Cook County, Ill. The unanimous decision came in a case involving the federal Racketeer Influenced and Corrupt Organizations Act. The court ruled in favor of two firms alleging that manipulation by competitors had resulted in a disproportionate share of tens of thousands of tax liens going to the competitors. Tax sales in Cook County enable the collection of unpaid property taxes, giving buyers of tax liens an opportunity to take over property if the owners don't pay up. The issue for Phoenix Bond & Indemnity Co. and BCS Services Inc. was whether they could sue even though they had not relied on allegedly fraudulent statements the defendants submitted to Cook County. The statements said that each tax buyer was truly independent from other tax buyers in the competitive bidding. Writing for the court, Justice Clarence Thomas said that nothing in the RICO law required Phoenix and BCS to show that they relied on alleged misrepresentations by a defendant. Cook County requires that each buyer submit bids only in its name and not through any related entity. Phoenix and BCS alleged that a number of related entities "packed the room" in tax sales by having relatives in two families bid for the same properties. |
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High court rules against multiple royalties
Breaking Legal News |
2008/06/09 10:02
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The Supreme Court has limited the ability of companies to collect multiple royalties on their patents. The unanimous decision Monday was helpful to customers of Intel Corp. and is the latest step by the justices to scale back the power of patent-holders. The case revolves around a long-time Supreme Court doctrine that says the sale of an invention exhausts the patent-holder's right to control how the purchaser uses it. In 1992, a federal appeals court in Washington, D.C., that hears patent cases from around the country began eroding the doctrine, ruling that patent-holders could attach post-sale conditions to patented products. Justice Clarence Thomas reined in the appeals court, saying that "for over 150 years the Supreme Court has applied the doctrine of patent exhaustion" and that it applies in this case. In the case before the Supreme Court, a South Korean company, LG Electronics Inc., licensed some of its patents to Intel Corp. LG then sued some of Intel's customers for patent infringement, saying they owed royalties to LG because the customers combined Intel's microprocessors and chipsets with non-Intel products. Patent laws can carry triple-damage awards when a court finds willful infringement. The Intel customers are computer system manufacturers that include Taiwan-based Quanta Computer Inc. System manufacturers sell to industry brandnames such as Dell Inc., Hewlett-Packard Co., International Business Machines Corp. and Gateway Inc. The Bush administration supported Intel's customers. It cited inconvenience, annoyance and inefficiency of multiple royalty payments being passed down the chain of distribution with no obvious stopping point. |
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Court: Vt. ruling stands in lesbian custody case
Breaking Legal News |
2008/06/07 11:14
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The Virginia Supreme Court says that a Vermont court's ruling should stand in a child visitation dispute between two former lesbian partners. Friday's decision is a victory for Janet Jenkins, who entered a civil union with Lisa Miller in Vermont in 2000. Two years later, Miller gave birth to a daughter conceived through artificial insemination. The women later split up, and their civil union was dissolved. A Vermont judge awarded custody of their 5-year-old daughter to Miller, with regular visitation for Jenkins. Miller and the child now live in Winchester, Virginia. Jenkins has been fighting for child visitation rights, but Miller has contested those efforts. |
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Court: Vt. ruling stands in lesbian custody case
Breaking Legal News |
2008/06/06 11:15
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Virginia's highest court ruled Friday that the state must enforce a Vermont court order awarding child-visitation rights to a mother's former lesbian partner. The Virginia Supreme Court rejected Lisa Miller's claim that a lower court improperly ignored a Virginia law and a state constitutional amendment that prohibit same-sex unions and the recognition of such arrangements from other states. The ruling was a victory for Janet Jenkins, who has been fighting for visitation rights since the dissolution of the civil union she and Miller obtained in Vermont in 2000. In 2002, Miller gave birth to the daughter, Isabella, who now is at the center of a legal battle closely watched by national conservative and gay rights groups. Miller renounced homosexuality and moved back to Virginia with the child after the couple split, and she has fought Jenkins' visitation efforts. However, the Supreme Court ruled that a federal law aimed at preventing parents from crossing state lines to evade a custody ruling requires Virginia to enforce Vermont's order. |
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Calif. court refuses to stay gay marriage ruling
Breaking Legal News |
2008/06/05 08:52
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California's highest court Wednesday refused to stay its decision legalizing same-sex marriage in the state, clearing the final hurdle for gay couples to start tying the knot this month. Conservative religious and legal groups had asked the California Supreme Court to stop its May 15 order requiring state and local officials to sanction same-sex unions from becoming effective until voters have the chance to consider the issue in November. The justices' decisions typically become final after 30 days. An initiative to ban gay marriage has qualified for the Nov. 4 ballot. Its passage would overrule the court's decision by amending the state constitution to limit marriage to a man and a woman. In arguing for a delay, the amendment's sponsors predicted chaos if couples married in the next few months, only to have the practice halted at the ballot box. The four justices who denied the stay request were the same judges who joined in the majority opinion that found withholding marriage from same-sex couples constituted discrimination. The three dissenting justices said they thought a hearing on whether the stay should be granted was warranted. The majority did not elaborate on its reasons for denying the stay, but simply issued a one-page order saying its original ruling on marriage would be final at 5 p.m. on June 16. Wednesday's denial clears the way for gay couples in the nation's most populous state to get married starting June 17, when state officials have said counties must start issuing new gender-neutral marriage licenses. |
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Calif. court refuses to stay gay marriage ruling
Breaking Legal News |
2008/06/04 08:20
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California's highest court has refused to stay until after the November election its decision legalizing same-sex marriage in the state. Conservative religious and legal groups had asked the California Supreme Court to stop its order from becoming effective until voters have the chance to weigh in on the issue. An initiative that would amend the state constitution to ban gay marriage has qualified for the ballot. Its passage would overrule the court's decision. The Supreme Court says its ruling will be final at 5 p.m. on June 16. Wednesday's denial clears the way for gays and lesbians in the nation's most populous state to get married starting June 17, when state officials have said counties must start issuing new gender-neutral marriage licenses. |
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Court rules for defendants on money laundering
Breaking Legal News |
2008/06/03 04:02
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The Supreme Court ruled Monday that federal prosecutors have gone too far in their use of money laundering charges to combat drug traffickers and organized crime. In two decisions — one a 5-4 split, the other unanimous — the justices found that money laundering charges apply only to profits of an illegal gambling ring and cannot be used when the only evidence of a possible crime is when someone hides large amounts of cash in his car when heading for the border. The government brings money laundering cases against more than 1,300 people annually and the justices appeared to agree with defense lawyers who said government prosecutors have been stretching the bounds of the law. The Justice Department drew little sympathy from Justice Antonin Scalia. "The government exaggerates the difficulties" of enforcing a narrowed interpretation of money laundering, Scalia wrote in the gambling case involving an illegal lottery. Scalia drew the support of three other justices. The deciding fifth vote came in a separate opinion from a member of the liberal wing of the court, Justice John Paul Stevens. Stevens declined to go as far as Scalia did in rejecting the government's position. |
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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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