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

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Discrimination hearing will be set for former Mason City police officer
Mason City Globe GazetteSeptember 1, 2011

Regarding the religion discrimination, Ohl said in her deposition, “Repeated comments from other officers and supervisor about my religious practices also lead me to believe the decisions to deny me promotional opportunities and treat me differently ...more »

Sikh marriage act: Akal Takht, DSGMC meetings to decide next move
Times of IndiaSeptember 1, 2011

Dal Khalsa spokesperson Kanwarpal Singh said, "It is cultural discrimination, which is being heaped on the Sikhs who have their own traditional ways of life." Refusing to buy the argument of law minister Salman Khurshid that implementation of the Anand ...more »

Latest Legal and Criminal News

Administrative Law
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Solyndra leaders invoke 5th Amendment at hearing
Sacramento BeeSeptember 24, 2011

Committee leaders said the administration may have violated the law when it restructured Solyndra's loan in February in such a way that private investors moved ahead of taxpayers for repayment in case of default. The economic stimulus law provides for ...more »

Health Care Law
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Mississippi Challenge To Health Law Will Move Forward
Kaiser Health NewsSeptember 2, 2011

A federal judge will allow a lawsuit filed in Mississippi challenging part of the Obama administration's health care law to continue. US District Judge Keith Starrett, in a ruling issued Aug. 29, denied the Obama administration's motion to dismiss the ...more »

Admiralty & Maritime Law
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BESE president rejects LAE's assessment request
Monroe News StarSeptember 15, 2011

Dastugue's comments came after a four-hour presentation by the LAE to the Advisory Committee on Educator Evaluations, a state panel developing rules to implement Act 54 of the 2010 session. The act spells out that the evaluation method that's to go ...more »

Immigration Law
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Arizona panel seeking private briefings on border
San Jose Mercury NewsSeptember 1, 2011

Some federal and state officials have been at odds over border- and immigration-related matters, including the state's SB1070 immigration enforcement law and whether the federal government has done enough to stop smuggling and illegal crossings. ...more »

Industrial Development Law
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FNCCI flays tax evaders
Himalayan TimesSeptember 4, 2011

“Trade unions cannot be ignored for industrial development but the politically motivated trade union and the intra-party rift has hurt the industrial environment,” he said, asking to create industry-friendly environment for mutual benefits. ...more »

Alternate Dispute Resolution
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EU online shoppers double in number but changes to laws needed, new study says
Out-Law.comSeptember 1, 2011

There is no right to return customer-specified or personalised products under the provisions of the proposed new laws. Current UK law says that distance-sold goods can be returned within seven days. EU ministers must approve the proposed new Directive ...more »

Insurance Litigation
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County Insurance Committee recommends amending on-the-job injury policy
State GazetteSeptember 6, 2011

Government agencies have found themselves in litigation over violating Fourth Amendment rights, which guards against unreasonable search and seizures. "This is written so that post-accident drug and alcohol testing can be done only on reasonable ...more »

Animal Law
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Genesee County commissioners could review, cut back on Animal Control ...
MLive.comSeptember 24, 2011

Genesee Commissioner Ted Henry, D-Clayton Twp., said the entire Animal Control Department here, which costs taxpayers more than a half-million dollars annually, should be reviewed so that board members know what state law requires they fund and which ...more »

Intellectual Property
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Intellectual Property Issues in Web Design Contracts
Lawdit Commercial SolicitorsSeptember 12, 2011

Establishing an online presence is essential for most businesses and many will not have the knowledge, skills or resources to create their own websites. Web designers are often commissioned for such purposes and it is vital to ensure safeguards are put ...more »

Asbestos Litigation
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STATE v. SILVA
Leagle.comSeptember 28, 2011

Thomas C. Horne, Arizona Attorney General, Phoenix, By Kent E. Cattani, Chief Counsel Criminal Appeals/Capital Litigation Section, Attorneys for Appellee. THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY ...more »

Labor & Employment Law
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Q&A, video: Moving forward for Appleton schools
Appleton Post CrescentSeptember 7, 2011

One of the big challenges this year will be writing those employee handbooks that are required under the new collective bargaining law. How are you going about that? Allinger: We did extend our contract a year for a number of reasons, and one of those ...more »

Midairs In Alaska, Canada
AVwebSeptember 4, 2011

The Anchorage Daily News reports 24-year-old Scott Veal, of Kenai, is presumed dead after the Grant Aviation Cessna Caravan he was flying was in collision with aRyan Air Cessna 207 flown by 26-year-old Kristen Sprague, of Idaho, and crashed Friday near ...more »

Landlord & Tenant Law
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Landlords join my|deposits in record numbers
MyIntroducer.comSeptember 26, 2011

"my|deposits continues to grow as landlords see the benefits of being able to hold onto the deposit money themselves for the duration of the tenancy and deal directly and promptly with the tenant when they move out. "The increase in rental demand ...more »

Bankruptcy Law
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Monthly payments are most important for credit cards
The Daily CampusSeptember 19, 2011

Additionally, there are fees in these contracts with credit card companies. If you make a late payment, the lender can charge you. They will also record this and make sure it is part of credit history. Some credit cards also have annual fees, ...more »

Litigation
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LML Settles Litigation With Capital One
MarketWatch (press release)September 14, 2011

Certain statements in this press release are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements include all passages containing verbs such as "aims," "anticipates," ...more »

Business Law
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Va court hears 1 aspect of college booze ad case
Houston ChronicleSeptember 14, 2011

But Catherine Crooks Hill, senior assistant attorney general, said ABC's finding that the newspapers are geared toward an undergraduate readership is entitled to great deference and cannot be invalidated unless the court finds it "arbitrary and ...more »

Military Law & Military Benefits
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COLUMN: Military exhibits cynicism regarding recruits
Oklahoma DailySeptember 2, 2011

But as many soldiers have found, the military is not as benevolent toward its recruits as it paints itself. Since the bloody and expensive invasions of Afghanistan and Iraq, the government has been doing everything it can to avoid paying out benefits...more »

Computer & Internet Related Crimes
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School bus driver from Milton arraigned on child pornography charges
Foster's Daily DemocratSeptember 3, 2011

The investigation into Wright's activities began more than six months ago, when ICAC online undercover officers identified a computer system as having been involved in the illegal possession and sharing of illegal movie files of child sexual abuse ...more »

Personal Injury
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The NHTSA says Navistar To Recall Buses… Just As School Gets Underway!
InjuryBoard.comSeptember 1, 2011

This could possibly result in an electrical short, which could cause a fire—which could result in property damage, personal injury, and/or death. This particular safety recall is expected to begin on or about September 16. No numbers were published ...more »

Constitutional Law & Civil Rights
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Thoughts on Constitution Day: Dead or Wounded?
NewsMax.comSeptember 16, 2011

Our Constitution is what enables our exceptionalism by securing our liberties. Without the Constitution as the law that governs government, America is a failed experiment, and in turn, a weaker country. The constitutional conservative movement ...more »

Professional Malpractice
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More US doctors facing charges over drug abuse
ReutersSeptember 14, 2011

To establish guilt under the act, the prosecution must prove the physician knowingly and intentionally prescribed the medication outside "the usual course of professional practice" or not for a "legitimate medical purpose. ...more »

Consumer Protection
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Customer service shake-up needed
ITWeb (blog)September 1, 2011

New technologies like social networking, and new legislation such as the Consumer Protection Act (CPA), are empowering consumers like never before. This emerged at the ITWeb CRM Summit in Bryanston yesterday. ...more »

Real Estate Law
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Medicare law won't tax most home sales
Tulsa WorldSeptember 11, 2011

Dear Action Line: I received an email saying a provision of Obama Care created a 3.8 percent sales tax on real estate transactions, beginning in 2013, to shore up Medicare. If you sell your $400000 home, ...more »

The Post-Labor Day Letdown
Wall Street Journal (blog)September 5, 2011

"I really get into the joy of life on vacation and it always takes me awhile to get back into the joy of contract law," says Helen Bender, a law professor in New York. There are few studies or statistics on the end-of-summer malaise, but therapists, ...more »

Sports Law
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Why central sports bill is a red herring
Yahoo! CricketSeptember 5, 2011

When I first looked at the draft Sports Development Code on the Ministry website, I was totally befuddled. Having contributed to the making of the first sports law in the country (The Rajasthan Sports Act, 2005), I did not know whether I was looking at ...more »

Criminal Defense
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Case against Benson restarts
Record-SearchlightSeptember 3, 2011

Benson, 27, was arraigned on nine criminal counts, including rape, after the case against him was refiled earlier this week after its dismissal a week ago when prosecutors were not prepared to take him to trial as scheduled. Defense attorney Gary L. ...more »

"Amazon Tax" Repealed Under New Law
ForbesSeptember 10, 2011

Under existing law, retailers “engaged in business” in the state of California were responsible for collecting sales tax. The law defined a “retailer engaged in business in this state” to include: controlled group that, pursuant to an agreement with or ...more »

State Supreme Court Considers Snyder's Pension Tax
WILX-TVSeptember 7, 2011

The Snyder administration countered the tax is perfectly legal -- arguing the constitution does not guarantee a permanent tax exemption for public pensions. "Tax laws change from time to time, and exemption levels change from time to time," said Lt. ...more »

Trusts & Estate Planning
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'Tis The Season For Tax Shelters, Fa La La La La And Grab Your Wallet
ForbesSeptember 24, 2011

After all, the promoters are going to snow you under with all sorts of purported research and opinion letters from large law firms that purport to validate their deal as real. First, realize the limitations of tax law opinion letters, which are (1) ...more »

Environmental Law
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Feds Charge Recycler with E-Waste Dumping
Circuits AssemblySeptember 19, 2011

"This is a major victory for global environmental justice,” said Jim Puckett, executive director of Basel Action Network, an NGO whose aim is to stem e-waste dumping. “Even before we have a US law in place to explicitly prohibit this dumping on ...more »

Wills & Probate
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Local attorneys offer free legal clinics
ABC NEWS 4September 8, 2011

20: End of life issues, health care power of attorney, living wills, DNR orders and power of attorney, featuring attorney Robin Grossman Poliakoff. The clinic will be held from 10 to 11 am at the Lowcountry Senior Center located at 865 Riverland Drive ...more »

Family Law
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Why breaking up is hard to do
The Canberra TimesSeptember 4, 2011

FORMER lovers are being caught out by family law arrangements that mean they scarcely needed to have lived with their ex-partner to face losing their house and car in divorce-style proceedings. A number of Canberra lawyers have ...more »

Workers Compensation
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REVIEW: 'Workers' Comp' pilot professional and funny
Sarasota Herald-TribuneSeptember 1, 2011

I'm the first to admit I did not have high expectations for the pilot episode of "Workers' Comp," the comedy by Harrison Sanborn and Camille Landon based on the experiences of Landon's mother, Dori Sperko, running a business that ...more »

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