News. Crime Stories, Law on News and Legal Publications in March, 2012

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China vs. North Korea's Refugees
Wall Street JournalMarch 1, 2012

Beijing forcibly repatriates these unfortunates without giving them a chance to apply for asylum. North Koreans who are suspected of having met Christians, South Koreans or Americans while in China are executed or shipped off to the gulag.more »

Trade Me pushes for consumer law change
Stuff.co.nzMarch 1, 2012

Trade Me says it will continue to push for an amendment to a bill overhauling consumer law as it believes full and part-time traders should have to identify themselves as being professionals when selling goods online or at fairs, markets and car boot ...more »

Latest Legal and Criminal News

Administrative Law
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Obama administration proposes change to legal status applications
Joplin GlobeMarch 30, 2012

On Monday, the Department of Homeland Security will post for public comment an administrative change intended to reduce the time illegal immigrants would have to spend away from their families while applying for legal status, officials said.more »

Health Care Law
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Caldwell expects court to strike down health care law
Monroe News StarMarch 31, 2012

Otherwise, he fears the costs associated with implementing the health care reform in Louisiana could put many small businesses in dire financial straits. “This is not good if this law is upheld,” he said. Caldwell, one of many attorneys general from ...more »

Admiralty & Maritime Law
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Ten Steelworkers, Five Justices, and the Commerce Clause
New Yorker (blog)March 28, 2012

Jones & Laughlin Steel Corp. It was the central case of five, argued in one extraordinary round, which challenged the constitutionality of the National Labor Relations Act, also known as the Wagner Act. The J. & L. dispute involved ten steelworkers who ...more »

Immigration Law
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Obama proposes new rule for immigrant families
Boston HeraldMarch 31, 2012

The proposal is the latest move by the administration to use its executive powers to revise immigration procedures without changing the law. It reflects an effort by President Barack Obama to improve his standing among Latino voters who feel he has not ...more »

Industrial Development Law
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Rajasthan's single window law facilitates investment: Minister
TwoCircles.netMarch 28, 2012

By IANS, Jaipur : Rajasthan Industries Minister Rajendra Pareek Wednesday said the state government's single window act had facilitated investment in the state, which had emerged as one of the most preferred destinations for industrial investment.more »

Alternate Dispute Resolution
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Ports dispute could be just beginning
National Business ReviewMarch 30, 2012

The current Maritime Union and Ports of Auckland (PoAL) dispute pits employers' desires for increased commercial productivity against a unions' fights to guarantee members' job security under a collective employment agreement (CEA).more »

Insurance Litigation
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Carlock, Copeland & Stair Attorneys Join Claims And Litigation Management Alliance
Citybizlist (press release)March 29, 2012

Attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows, in-house claims professionals. Adam Appel is a Partner at Carlock, Copeland & Stair LLP in the Atlanta office, where he has practiced civil ...more »

Animal Law
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Animal welfare advocates give mixed reviews to felony animal cruelty law ...
The Idaho StatesmanMarch 31, 2012

The penalties would be the same as for a third-offense misdemeanor: up to a year in jail and a fine of not less than $500 or more than $9000. The American Society for the Prevention of Cruelty to Animals said in a release that they were "encouraged" by ...more »

Intellectual Property
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HeartWare International Expands Intellectual Property and Technology Portfolio ...
MarketWatch (press release)March 29, 2012

FRAMINGHAM, Mass. and SALT LAKE CITY, Mar 29, 2012 (GlobeNewswire via COMTEX) -- HeartWare International, Inc. (NASDAQ:HTWR) (asx:HIN), which develops and manufactures miniaturized ventricular assist devices, and World Heart Corporation (UTD:WHRT) ...more »

Asbestos Litigation
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Married to the Firm: Partners Act Like My Kids
Above the LawMarch 28, 2012

As you know, those who chose litigation coming out of law school a few years ago would have likely felt they had almost no chance of lateraling to Asia in litigation as an associate. Thus, a lot of these folks have been taken by surprise over the past ...more »

Labor & Employment Law
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Shikha Dalmia on Affirmative Action and the Supreme Court
Reason Online (blog)March 13, 2012

The charming assumption of the plaintiffs in Fisher v. University of Texas—a racial prefences case the Supreme Court recently agreed to hear—is that if five robed justices behind mahogany desks tell universities to stop discriminating by race in ...more »

Jacksonville Beach couple killed in plane crash
WJXT JacksonvilleMarch 26, 2012

"The country where the crash occurred will have their officials do the investigation," local pilot and aviation attorney Don Maciejewski said. "The Bahamian government does have an aircraft registry who does investigations along with the Bahamian ...more »

Landlord & Tenant Law
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Santa Cruz County mobile home park resident wins appeal in court in rent ...
San Jose Mercury NewsMarch 31, 2012

Her landlord, Paul Goldstone, said the terms of her lease, signed in March 2005, stated that payment must be made from the tenant to the landlord. He refused to accept the payment, according to court records, and moved to evict Del Ponte from the park.more »

Bankruptcy Law
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Froma Harrop: Obamacare better than what we have now
Lewiston Sun JournalMarch 31, 2012

Let us repair to the campaign trail. If the Republican candidate is former Massachusetts Gov. Mitt Romney, then the controversy over Obamacare will be largely neutralized. After all, Romney (to his credit) established a very similar universal coverage ...more »

Litigation
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Cottonwood Heights concedes Tavaci fight
Salt Lake TribuneMarch 29, 2012

By Katie Drake City leaders signed a decree of disconnection for the property, also known as Cottonwood Estates Development, dropping pending litigation over Diehl's right to take his property out of Cottonwood Heights and make it part of Salt Lake ...more »

Business Law
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Radio health-related product ads infringe the current law
News-Medical.netMarch 2, 2012

The project reports that this infringement of law takes place specifically in health-related advertisements. "A large part of radio health-related product advertising infringes the current law" Clara Muela, lecturer at the Rey Juan Carlos University in ...more »

Military Law & Military Benefits
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Secretary of the Army: PTSD diagnosis reversals uncommon
Stars and StripesMarch 28, 2012

Reversing PTSD to another finding, such as a personality disorder, could have cost soldiers a significant loss of military retirement benefits. In 2008, Congress authorized a 50 percent disability rating for anyone leaving the service with a PTSD ...more »

Computer & Internet Related Crimes
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Trumbull prosecutor says cyber sex-abuse skyrockets
Youngstown VindicatorMarch 26, 2012

By Ed Runyan The examples of Trumbull County residents committing sex crimes against children in recent decades are many and shocking, but the number of cases that involve recorded or transmitted images is at an all-time high, county Prosecutor Dennis ...more »

Personal Injury
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Personal Injury Lawsuit Leads to $2.3M Award
CisionWire (press release)March 30, 2012

A Philadelphia jury awarded $2.3 million to a man who blamed PPL Electric Utilities Corp. for injuries he suffered while performing a paint job for the company that left him permanently disabled. Vincent P. Nertavich alleges that on September 23, 2007, ...more »

Constitutional Law & Civil Rights
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Judge in Gulfport DUI death case says law is constitutional
SunHerald.comMarch 6, 2012

The law is constitutional because the Mississippi Supreme Court has so said in several rulings, Bourgeois told attorney Michael Crosby. Crosby is representing Darrell “DJ” Blappert Jr., set for trial March 19 in a crash that resulted in the death of ...more »

Professional Malpractice
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New Shareholders Join the Law Firm of Rogers Joseph O'Donnell
Bradenton HeraldMarch 13, 2012

Ms. Baldwin emphasizes attorney liability and complex business litigation. She has extensive trial and arbitration experience and handles matters involving legal malpractice, law firm partnership disputes, and attorney disqualification motions.more »

Consumer Protection
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Bankruptcy Filings Delayed Until Tax Refund Arrives
Patch.comMarch 29, 2012

Wang and fellow researchers attributed the uptick to the passage of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act. The law raised legal and administrative fees from an average of $921 to $1477 and mandated the filer pay for credit ...more »

Real Estate Law
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Real Estate Accounting Must-Knows of New Tax Law
TheStreet.comMarch 30, 2012

By Marla Miller NEW YORK (TheStreet) -- Capitalization tax law -- three words that have little meaning to most people, will become very important to real estate owners this year as the IRS just released the long-awaited changes to tangible property...more »

Health-Care Rivals Battle For Patients in Pittsburgh
Wall Street JournalMarch 27, 2012

Starting in 2014, the federal law won't let insurers turn people down based on their health. UPMC has vowed it won't sign a new contract to treat patients covered by Highmark, which it now considers a rival. Above, UPMC East hospital.more »

Sports Law
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Homeschooling Parents: Your Child's Friday-Night Sports Dreams Aren't Public ...
ForbesMarch 28, 2012

About half of US states require public schools to allow homeschoolers to participate in the district's sports and activities in what are known as Tim Tebow laws, after the homeschooled high schooler who benefited from the first such law, ...more »

Criminal Defense
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Answering in Kind
bestofneworleans.comMarch 26, 2012

Local criminal defense attorneys were among the favorite online targets of former Assistant US Attorney Sal Perricone, who posted anonymous rants at nola.com under the moniker Henry L. Mencken1951 and several other noms de plume.more »

Financial spring cleaning: Time to purge
CBS NewsMarch 21, 2012

Tax returns/supporting documents: Here's a bum rap: You can only amend your tax returns going back three years, but the IRS has seven years to audit your returns. As a result, you need to hold on to your returns and all supporting documents for the ...more »

Employers failing to engage older workers, says Acas
People Management Magazine OnlineMarch 29, 2012

“Despite anti-age discrimination legislation, stereotypical attitudes about both older and younger workers appear to be both widespread and well embedded,” said report co-author, Dr Emma Parry of Cranfield School of Management.more »

Trusts & Estate Planning
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Obama Relies on Debt Collectors Profiting From Student Loan Woe
BloombergMarch 26, 2012

The US Consumer Financial Protection Bureau, created in 2010 in the wake of the credit crisis, has proposed supervising the largest debt collectors to ensure they are complying with laws such as the Fair Debt Collection Practices Act. About 5 million ...more »

Environmental Law
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State faces critical energy juncture
Tampa Bay NewspapersMarch 28, 2012

They included Stephen Smith, executive director of the Southern Alliance for Clean Energy; Robert Scheffel Wright, a Tallahassee attorney who specializes in utilities and energy law; Joseph Treshler, vice president of Covanta Energy; ...more »

Wills & Probate
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Court clerks fear layoffs, case backlog after $30 million budget cut
Gainesville SunMarch 22, 2012

By Lise Fisher A backlog dealing with civil cases involving foreclosures, wills and divorces. Longer waits for someone to answer the phone. Possibly shorter office hours. And in many court clerks' offices, fewer employees. These are the effects people ...more »

Family Law
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Marriage and family
Worcester TelegramMarch 7, 2012

“Because the daughter-in-law knows it's expected and that it's OK to spend more time with her family, she does it — or the couple does it — and the husband's parents feel slighted,” Merrill said. In her latest book, “When Your Children Marry: How ...more »

Workers Compensation
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Missouri Senate votes to override Nixon veto on workers' comp
Springfield News-LeaderMarch 30, 2012

Jay Nixon's earlier veto of a bill that would change workers' compensation laws by barring some lawsuits over workplace injuries. The Republican-controlled Legislature passed a measure that would prohibit employees from suing co-workers for injuries ...more »

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