News. Crime Stories, Law on News and Legal Publications in December, 2014

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Frequent Fliers Hunt for Loopholes in New Mile Award Programs
Wall Street JournalNovember 20, 2014

But at that fare, Lufthansa only offered 25% mileage credit. Under United's new rules, nonelite MileagePlus members would earn 5,500 miles, or 5 times the $1,100 base fare excluding taxes and government fees. Under Lufthansa's program, the flier would ...more »

Which Industries Would Obama's Immigration Reform Most Affect?
BustleNovember 20, 2014

Construction is generally a low-skill job and easy to obtain, but many, even legal immigrants and citizens, experience wage theft, reported NPR, where they're either paid abysmally low wages, or in some cases, nothing at all. Texas Governor Rick Perry ...more »

Latest Legal and Criminal News

Administrative Law
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14 people indicted in deadly 2012 meningitis outbreak
Los Angeles TimesDecember 17, 2014

Prosecutors said in the indictment that the pharmacy and Medical Sales Management Inc. — a company that shared ownership with NECC and provided it with sales and administrative services — constituted a criminal “enterprise” whose purpose was to ...more »

Health Care Law
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Healthcare law changes hospital focus to life cycle
Journal-EurekaDecember 18, 2014

“You can unequivocally say that it [the Affordable Care Act] has changed the conversation for the better,” Jones Regional Medical Center CEO Eric Briesemeister said. The financial impact has been minor, he said. More of the ambulance service's...more »

Admiralty & Maritime Law
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Church Sex Scandals Are Rooted in Theology
Daily BeastDecember 15, 2014

At this point, there are so many sex scandals among conservative religious organizations, we're no longer surprised by any of them. The latest revelation—that for decades, the evangelical Bob Jones University blamed victims of sexual assault and ...more »

Immigration Law
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Jorge Ramos to Hannity: Legal Immigration is Best, But Millions of Americans ...
Fox News (blog)December 11, 2014

#1- Jorge Ramos: The president's position on illegal immigration evolved (TRT:26). JORGE RAMOS: The president's position, honestly, and that's my own interpretation evolved. I think he changed his mind. Maybe because of the pressure from journalists or ...more »

Industrial Development Law
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Board says yes to Park Plaza sale, landfill area purchase
La Crosse TribuneDecember 19, 2014

That lower price and lack of a development agreement with Water Place One for the site as in the past led Supervisor Ray Ebert to remark, “It seems like a sale out of frustration, more so than a real sound plan.” County Planner Charlie Handy disagreed ...more »

Alternate Dispute Resolution
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Judge: Progress on mediation, including SD tribe
Rapid City JournalDecember 20, 2014

"We service less people than we normally could have," he said. He also said the federal shortfall forced the Oglala Sioux to borrow money for payroll expenses, which cost the tribe even more money in interest payments. Gross, Yellow Bird Steele and Her ...more »

Insurance Litigation
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Alario Center foundation is sinking along with its financial reserves
NOLA.comNovember 25, 2014

"It was very sketchy, in terms of the detail, in terms of the relationship of the parties," said Jacques Molaison, a deputy chief operating officer in Parish President John Young's administration. Within this legal void, the parish "arbitrarily ...more »

Animal Law
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Many Georgia counties lack animal control services
The Augusta ChronicleDecember 12, 2014

That void leaves thousands of abuse cases unprosecuted and keeps stray and vicious dog cases a threat to public safety, said Jessica Rock, co-founder of Animal Law Source, a grant-funded Web site launching next year with resources for the public, ...more »

Intellectual Property
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Corporate Counsel Intellectual Property Legal Services Pricing Guide 2014
PR Newswire (press release)December 9, 2014

The hourly rates of Attorneys practicing Intellectual Property - defined as litigation, not prosecution, of Copyrights, Patents and Trademarks in this Report - continue to rise and are some of the highest of any practice area. This is due to 1) the ...more »

Asbestos Litigation
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Tucker Ellis Can't Force Former Atty Into Arbitration
Law360 (subscription)December 16, 2014

Law360, New York (December 16, 2014, 2:52 PM ET) -- A California appeals court on Monday denied a bid to compel arbitration in a suit brought by a former Tucker Ellis LLP asbestos attorney alleging that the firm improperly disseminated his work product ...more »

Labor & Employment Law
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College admission's outdated affirmative action breeds racism
The AdvocateDecember 5, 2014

Pursuing diversity is obviously a positive thing, but we have a problem. “Affirmative Action” has unintentionally unleashed a new breed of racism. Though colleges don't particularly have exclusive motives, choosing whether to admit a student based on ...more »

China jails captain for deadly plane crash
Reuters UKDecember 19, 2014

Qi Quanjun, in charge of the fatal Henan Airlines flight, was charged with failing to observe safety rules for landing and leaving the aircraft after the crash, ignoring passengers trapped in the wreckage, the official People's Daily said on its ...more »

Landlord & Tenant Law
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In Twist, Tenant Who Was Forced Out Will Displace One Who Moved In
New York TimesDecember 18, 2014

On Friday, barring any last-minute legal maneuvering, Ms. Alvillar, 50, a street vendor who sells used clothing and plastic trinkets, will be able to return home to her apartment in a five-floor walk-up on Bedford Avenue, one block from the L train ...more »

Bankruptcy Law
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Former student sentenced for student aid fraud
Houston ChronicleDecember 18, 2014

Mark and Tammy Leischner also have pleaded guilty to multiple felonies, including embezzlement of federal money, bankruptcy fraud, obstruction of justice and federal student aid fraud, stemming from a large corruption investigation involving the ...more »

Litigation
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No Willful Infringement Since Infringer's Litigation Arguments were “Not ...
Patently-ODecember 19, 2014

In 2010, Stryker sued its competitor Zimmer for infringing three patents covering pulsed lavage devices used for wound cleaning. U.S. Patent Nos. 6,022,329, 6,179,807, and 7,144,383. A jury sided with the patentee awarded $70 million in lost profits ...more »

Business Law
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Cung Le, Jon Fitch & Nate Quarry File Class-Action Antitrust Lawsuit Against UFC
MMA NewsDecember 16, 2014

The lawsuit filed claims UFC has violated the Sherman Antitrust Act by illegally attempting to create a non-competitive marketplace and restricting the earning capabilities of fighters to a mere fraction of what could be earned in a competitive ...more »

Personal Injury
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Patient Rights Hurt By Courts
Legal ExaminerDecember 19, 2014

“Medical malpractice claims, payments and insurance rates have declined in part due to changes to the civil justice system where people bring claims for injuries caused by the negligence of someone else. At this time, 31 states, 68 percent of the U.S. ...more »

Computer & Internet Related Crimes
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NYC?s Garner Protesters vs. Pro-Cop Protesters
Daily BeastDecember 20, 2014

On Friday, the FBI publicly attributed the attack to Pyongyang, noting technicians had linked the malicious computer code used in the attack to others “that the FBI knows North Korean actors previously developed,” and through specific Internet addresses.more »

Professional Malpractice
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Legal Mal Actions Against Civil Defense Attorneys: Part I
The Legal IntelligencerDecember 19, 2014

With more than 1.2 million lawyers in the United States (almost 50,000 active attorneys in Pennsylvania alone), the frequency and severity of legal malpractice actions are unquestionably on the rise. Historically, legal malpractice claims are dominated ...more »

Constitutional Law & Civil Rights
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District Court Rejects Constitutional Challenge to SEC Administrative Proceedings
The National Law ReviewDecember 18, 2014

We noted that several cases had been filed recently that challenged the constitutionality of the SEC's administrative proceedings. The first of those cases has now been decided: In Chau v. SEC, Judge Kaplan of the U.S. District Court for the Southern ...more »

Real Estate Law
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Dec. 5: Real estate laws – and other letters to the ROB editor
The Globe and Mail (subscription)December 5, 2014

Are there existing easements or restrictive covenants? What use is permitted and what use is desired? Should there, or must there be, title insurance? Is there any extra land or a commercial component that adds HST to the price? Will title be taken as ...more »

Consumer Protection
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Attorney General Warns About Pyramid Schemes, Gifting Circles
Twin Falls Times-NewsNovember 29, 2014

“Taking part in an unlawful pyramid scheme violates the Idaho Consumer Protection Act and is a felony under the state's criminal code,” he said. “Make no mistake – taking part in these schemes is illegal. Anyone who has received money from ...more »

Sports Law
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Christian Peter knows domestic abuse
USA TODAYDecember 17, 2014

Natalie Tysdal, whom Peter was convicted of sexually assaulting while at the school, says she was confused. "Is there value in finding out where some of these troubled athletes have gone?" Tysdal told USA TODAY Sports. As to why the NFL brought in ...more »

Fresno County assessor may hire lawyer after supervisors decline $2 million ...
Fresno BeeDecember 16, 2014

Larson accused Dictos of targeting agriculture when he hiked taxes on some Fresno County property owners for not complying with Williamson Act rules, a state law under which a landowner agrees to keep a property in agricultural use for 10 years. In ...more »

Naval Academy nonprofits accused of ethical lapses
The Virginian-PilotDecember 11, 2014

Association and foundation spokeswoman Kristen Pironis said the boards, outside auditors and lawyers will review the concerns, but noted that they have been through this exercise before. ... The graduates also said that money reported to the IRS as ...more »

Criminal Defense
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UVA Student in Rolling Stone Rape Story Reportedly Hires Attorney
ABC NewsDecember 8, 2014

ABC News has reached out to the attorney she reportedly hired but has not received a reply. "If Jackie allegedly lied and that perpetrator suffered injury as a result, she could be sued for damages," said Mark Eiglarsh, a criminal defense attorney in ...more »

Trusts & Estate Planning
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STR Holdings Announces New Board of Director Composition
MarketWatchDecember 15, 2014

Mr. Africk established Searay Capital in July 2013 after 21 years leading private equity and capital markets investments for Apollo Global Management LLC, a leading global alternative asset manager with assets under management exceeding $150 billion ...more »

When to File Employment Discrimination Claims in Federal Court
Law.comDecember 9, 2014

The most common types of discrimination claims fall under three federal statutes: (1) the Americans with Disabilities Act of 1990, (2) the Age Discrimination in Employment Act of 1967 and (3) Title VII of the Civil Rights Act of 1964. The Americans ...more »

Wills & Probate
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Will and Trust Contests 101
WealthManagement.comDecember 10, 2014

By filing that pleading, the will opponent becomes entitled to notice of any probate court filings and hearing settings and has the opportunity to respond to the filings and be heard at the hearings. With regard to trusts, the time frame to contest ...more »

Environmental Law
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Dismissal of customer-owned renewable energy is concerning
The MissoulianDecember 10, 2014

The Local Energy Investment Act proposed by Wittich and Phillips would expand a law called net metering. This law allows utility customers to generate their own power with a rooftop solar array, small wind turbine or micro-hydro generator. A customer ...more »

Workers Compensation
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What does TRIA denial mean for workers' compensation?
PropertyCasualty360December 19, 2014

There were legitimate concerns that the workers' comp marketplace in New York City would be in chaos by the fourth quarter of 2014 as brokers scrambled to place coverage beyond January 1, 2015. The New York State Insurance Fund was in the middle of ...more »

Family Law
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C (A Child) (No 2) [2014] EWFC 44
Family Law WeekNovember 29, 2014

350 of those applications were family law children cases, which compares with 291 similar applications over the whole 12 months of 2013 (the 2013 figure, in turn, representing a 70% increase from the 171 children applications in 2012) … 96 of the 206 ...more »

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Leigh NoffsingerAttorney at LawPRACTICE AREA: Family Law, Constitutional Law & Civil Rights, Litigation
Dennis W ClaytonAttorney at LawPRACTICE AREA: Personal Injury, Administrative Law, Constitutional Law & Civil Rights, Litigation
Joel R PaisnerAttorney at LawPRACTICE AREA: Administrative Law, Real Estate Law, Business Law, Constitutional Law & Civil Rights, Environmental Law
Steven W OuztsAttorney at LawPRACTICE AREA: Constitutional Law & Civil Rights, Environmental Law