News. Crime Stories, Law on News and Legal Publications in November, 2011

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UPI NewsTrack Business
UPI.comNovember 1, 2011

Burroughs predicted membership at the nine-branch credit union would grow 5 percent this year, compared to 4 percent in 2010, The Detroit News reported Monday. With a new law limits the amount banks can charge when a consumer uses a debit card at a ...more »

Followers of Christ case exposes shift in law-enforcement relations
OregonLive.comNovember 1, 2011

The manslaughter trial of Dale and Shannon Hickman exposed a shift in the uneasy relationship between the Followers of Christ and Clackamas County law enforcement. Several years ago, the church and law enforcement reached an agreement that called for ...more »

Latest Legal and Criminal News

Administrative Law
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Senate approves P1.816-trillion budget for 2012
Manila BulletinNovember 22, 2011

... five priorities of the administration of President Benigno S. Aquino III. Voting 18-1, the Senate passed the national expenditure program of the Aquino government for next year after marathon hearings that lasted for four days last week. Only Sen. ...more »

Health Care Law
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ALEC Adopts Health Care Compact as Model Legislation
MarketWatch (press release)November 30, 2011

"States, not the federal government, are in the best position to implement market-driven and patient-centered health care reform," said Christie Herrera, director of the Health and Human Services Task Force of ALEC. "The Health Care Compact Act adds to ...more »

Admiralty & Maritime Law
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The New Frontier of Liability Medicare Set Asides: Part 1
InjuryBoard.comNovember 28, 2011

The concept of reduction of the set aside amount by the amount of legal fees incurred makes sense given the formula for reduction of conditional payments in the Code of Federal Regulations. See 42 CFR 411.37. 411.37 allows for a pro-rate reduction of ...more »

Immigration Law
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DHS Refutes Immigration "Stonewalling" Allegations
Texas TribuneNovember 22, 2011

“DHS has implemented immigration enforcement priorities that focus limited resources on convicted criminals, repeat immigration law violators, fugitives and recent entrants. Through these priorities, ICE removed a record 216000 criminal aliens in FY ...more »

Industrial Development Law
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County continues conversation on industrial land use
Charlottesville Tomorrow News CenterNovember 29, 2011

County staff also facilitated discussion about permitting development near rural interstate interchanges to allow low impact businesses supporting the rural economy to locate there. While Morgan Butler of the Southern Environmental Law Center said that ...more »

Alternate Dispute Resolution
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New legislation promotes mediation for commercial disputes
International Law OfficeNovember 10, 2011

This may make mediation a more attractive means of commercial dispute resolution between companies. Mediation provides a means of amicable settlement for the parties. An amicable settlement often pays more attention to the practical interests and needs ...more »

Insurance Litigation
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Penn Millers Completes Sale to ACE
Insurance News Net (press release)November 30, 2011

Some of the statements contained herein are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. In some cases, you can identify forward-looking statements by terminology such as “may,” “will,” ...more »

Animal Law
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Nelson: dog law archaic
Toledo BladeNovember 17, 2011

In an email to a Senate committee, Mr. Nelson, an ambassador for the Best Friends Animal Society, urged passage of House Bill 14. The bill would do away with the breed-specific language and make other changes to dog enforcement law. ...more »

Intellectual Property
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Utility patenting: India's next move?
LivemintNovember 13, 2011

“Our biggest problem is that the IP system and the patent system in particular is elitist in nature and shuts out a number of poor innovators and creators,” said Shamnad Basheer, a professor in Intellectual Property Law at the National University of ...more »

Asbestos Litigation
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Bias on death row? North Carolina lawmakers now not so sure
Los Angeles TimesNovember 29, 2011

But last November, Republicans won majorities in both houses, and many of them sided with state prosecutors who have argued that the law would overburden the justice system with new litigation and create a "backdoor deal" to end the death penalty in ...more »

Labor & Employment Law
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Packers' Jordy Nelson says his race helps him succeed
CBS NewsNovember 17, 2011

Everyone knows that being a white guy only is a strike against us in this society!!!!! by hypnotoad72 November 17, 2011 7:14 PM EST With "affirmative action" and other programs, just being white is a disqualifier. I am a progressive liberal, ...more »

Gogo Partners With Inmarsat
techrockies.comNovember 29, 2011

Inmarsat said that it has also tied with Aircell, the business aviation wing of Gogo, to similarly distribute its services to the business and government aviation market. Financial details of the partnership were not announced. ...more »

Landlord & Tenant Law
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Bonig: Tenant and landlord rights
Adelaide NowNovember 27, 2011

It will be usual for a bond to be collected and this must be lodged with Consumer and Business Services within seven days. Most disputes occur in relation to the refund of part or all of this bond and these are handled by the tribunal. ...more »

Bankruptcy Law
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MF Global Ex-Employees Sue Over Layoffs
New York TimesNovember 14, 2011

In their complaints, filed in federal bankruptcy court in Manhattan, the plaintiffs accused MF Global of not following the terms of a federal law that requires a company to provide 60 days' written notice of upcoming mass layoffs. ...more »

Litigation
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'Alternative' litigation funder to invest £100m in small-scale disputes
Law GazetteNovember 28, 2011

It aims to take on high volumes of cases, ranging from disputes brought by small- to medium-sized enterprises to major commercial disputes, bi-lateral investment treaty arbitrations, and securities litigation. The launch is designed to capitalise on ...more »

Business Law
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South Bronx Graffiti Crew Sues Over Jennifer Lopez Ad
RollingStone.comNovember 29, 2011

"This has happened to us in the past, and it's not cool. We had to do something about it." Stacey Richman, the graffiti artists' lawyer, said that the advertising agency and Chrysler, a subsidiary of the Fiat group, have yet to respond.more »

Military Law & Military Benefits
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Army explores Continuum of Service program
Fort Leavenworth LampNovember 17, 2011

It also aims to preserve the Soldiers' accumulated benefits. “I think this is going to take years” to implement, said Maj. Gen. Marcia Anderson, deputy chief of the Army Reserve, “because this impacts (as an example) retirement systems. ...more »

Computer & Internet Related Crimes
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DOJ Says Lying on the Internet is a Federal Crime
The New AmericanNovember 16, 2011

The US Department of Justice (DOJ) is backing a controversial component of an existing computer fraud law that makes it a crime to use a fake name on Facebook or embellish your weight on an online dating profile such as eHarmony. The Computer Fraud and ...more »

Personal Injury
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Powell Out With Injury
Fort Smith Times RecordNovember 19, 2011

Nine hours before the Arkansas-Houston tipoff, personal expectations of the Razorbacks took a hit. Marshawn Powell is out, the caller said. Hurt his knee, bad, he said. An inside player on a team with very few of those, Powell is the most skilled ...more »

Constitutional Law & Civil Rights
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Home > Constitutional Law > The US Supreme Court Takes Up The Eighth Amendment ...
Justia VerdictNovember 30, 2011

Florida, that a sentence of LWOP is cruel and unusual punishment for a non-homicide crime committed by a juvenile offender. Under this ruling, a sentence of LWOP is categorically impermissible if imposed upon a juvenile offender whose crime did not ...more »

Professional Malpractice
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PHLY Expands Chiropractor Malpractice Insurance Coverage
PR Web (press release)November 18, 2011

Philadelphia Insurance Companies (PHLY) is expanding its Chiropractor Professional Liability Insurance to provide coverage in 27 states. Newly approved states include Arkansas, Georgia, Iowa, Kentucky, Massachusetts, Minnesota, Missouri, North Carolina ...more »

Consumer Protection
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Capstead Mortgage Corporation Submits Comment Letter on SEC Concept Release
MarketWatch (press release)November 8, 2011

The comment letter will be available in the investor relations section of the Company's website at www.capstead.com and on the SEC's website at www.sec.gov . Capstead Mortgage Corporation, formed in 1985 and based in Dallas, Texas, is a self-managed ...more »

Real Estate Law
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Summary Judgments for Nov. 30
Thomson Reuters News & InsightNovember 30, 2011

Large law firms in Philadelphia's mid-Atlantic district are feeling confident enough to shop for trophy office space, which has helped the nonresidential real estate market there. And the Dallas Fed said that while most prices are stable or falling, ...more »

All Change In Europe
Who's Who LegalNovember 2, 2011

We are also concerned that a broadening of the scope of the Regulation to cover most “civil and commercial” disputes between parties, wherever they are domiciled, will tie the hands of English courts and prevent them accepting cases, ...more »

Sports Law
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Syracuse University fires basketball coach in second sport sex abuse scandal
Telegraph.co.ukNovember 28, 2011

Now that a new probe is under way by Syracuse Police, the school has hired an independent law firm to "review our procedures in responding to the initial allegations. ... We need to learn all we can from this terrible lesson," she said. ...more »

Criminal Defense
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Defending the Brady rule
Los Angeles TimesNovember 21, 2011

The Supreme Court should grant Smith a new trial A victory for Smith would remedy this particular injustice, but violation of the Brady rule is widespread in the criminal justice system. The National Assn. of Criminal Defense Lawyers has proposed model ...more »

OCR HIPAA Audits Finally Kick Off
Healthcare IT News (blog)November 9, 2011

Meanwhile, metaphorically speaking, be sure the doors and windows are locked before KPMG and OCR come knocking. David Harlow is Principal of The Harlow Group LLC, a health care law and consulting firm based in Boston, MA. He blogs at HealthBlawg. ...more »

THOMAS v. BOYD'S FAMILY HOME MEDICAL, INC.
Leagle.comNovember 29, 2011

Plaintiff below, Charles D. Thomas, appeals an adverse summary judgment order in an age discrimination suit. Defendants below, Boyd's Family Home Medical, Inc. and Jeffrey A. Boyd, have filed a response brief. This Court has considered the parties' ...more »

Trusts & Estate Planning
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Published: 8:29AM Friday November 04, 2011 Source: ONE News
TVNZNovember 3, 2011

12.35pm: Judith Collins', National's spokesperson for law and order, gives more detail on the party's law and order policy. A person violating protection orders more than once would be jailed for up to three years, regardless of when they occur. ...more »

Environmental Law
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Carbon tax set in stone
The AustralianNovember 11, 2011

With the Greens declaring the policy must go further and advocating a 100 per cent renewable energy future that would terminate the age of coal and gas, Ferguson accused them of "living in fantasy land". He said: "The Greens like to demonise those who ...more »

Wills & Probate
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Bar Association to host legal clinic for veterans in Katy
Ultimate KatyNovember 16, 2011

The new Veterans Legal Initiative will provide legal advice or legal assistance to any veteran or spouse of a deceased veteran. They can receive advice and counsel from a volunteer attorney in any area of law, including family, wills and probate, ...more »

Family Law
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Occupy Gwinnett Moves Forward, Aims to Change Eviction Laws
Patch.comNovember 28, 2011

Part of the petition reads: “A change in the law is needed. We ask for a change in the provisions of the law to require the foreclosing authority (that is the bank or other entity initiating the dispossessory warrant) to provide storage for these items ...more »

Workers Compensation
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Court: Workers' Comp Is Exclusive Fix for Construction Injury
Workforce ManagementNovember 11, 2011

Workers' compensation is the exclusive remedy for a construction foreman who was injured while working on his boss's house, a California appellate court ruled this week. Charles DeFrates sought to sue Robert Clark, sole owner of RG ...more »

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