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

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Experts Weigh In on Outside Groups' Pro-Gingrich Spots
New York Times (blog)January 1, 2012

Nevertheless, any ad featuring a candidate for federal office so close to an election would fall under what the election commission calls “electioneering communications.” But a quirk in the law means that the agency does not consider caucuses like ...more »

How employment practices liability insurance can protect you in a lawsuit
Smart Business NetworkJanuary 1, 2012

In most cases, yes, but the caveat is that any known prior incidents and pending litigation are specifically excluded. Prior acts could be something that happened years ago, but you weren't aware of the problem and no supervisor had been notified. ...more »

Latest Legal and Criminal News

Administrative Law
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Pleasant Hill Planning Commission Hearing on Emergency Shelters Zoning ...
San Francisco Chronicle (blog)January 2, 2012

The Pleasant Hill Planning Commission will hold a study session and a public hearing in January to consider Zoning Ordinance amendments pertaining to emergency shelter uses. Emergency shelters are defined by State law as “housing with minimal ...more »

Health Care Law
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Supreme Court ruling may affect state health insurance exchange in Alabama
Montgomery AdvertiserJanuary 3, 2012

19 that it would hear arguments March 26-28 on the Patient Protection and Affordable Health Care Act. The law includes a requirement for states to set up exchanges, aimed at allowing consumers to purchase health insurance and apply for subsidies. ...more »

Admiralty & Maritime Law
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Law enforcement students support Toys for Tots program
Wilkes Barre Times-LeaderJanuary 1, 2012

Students in the Law Enforcement/Police Science program at West Side Career and Technology Center recently participated in the US Marine Corps Toys For Tots program. The students helped to receive, separate, bag and distribute the toys. ...more »

Immigration Law
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Illegal immigrants break the law
Greenville NewsJanuary 3, 2012

With regard to the recent debate over South Carolina's new immigration law, recent protesters claim they have “concerns” about the law and indicate it would be a huge injustice to a segment of people if upheld. Really? It's that hard to understand? ...more »

Industrial Development Law
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California targets underground economy
OCRegisterJanuary 4, 2012

Labor law violators endanger workers and have an unfair market advantage over law-abiding businesses." Dept. of Industrial Relations Director Christine Baker added, "Legitimate businesses grow California's economy. They are our economic backbone. ...more »

Alternate Dispute Resolution
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No hope of independence in HMRC's mediation service
The Guardian (blog)January 9, 2012

HMRC says mediation will save time and money and a short study found "60% of disputes were either fully or partially resolved". Unfortunately, the word independence is almost entirely alien to the people at HMRC. There is an adjudicator who performs a ...more »

Insurance Litigation
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Questions surround house demolition
Buffalo NewsJanuary 1, 2012

The Buffalo News then filed a formal request under the New York State Freedom of Information Law. The report is public information and should be released, said Robert Freeman, executive director of the state Committee on Open Government. ...more »

Animal Law
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Mount Airy police stress rights of service dogs in businesses
Mount Airy NewsJanuary 8, 2012

The store clerk was quite adamant about the dog's presence inside the business — and while that might be understandable, it was also blatantly illegal under the Americans with Disabilities Act (ADA). That law says businesses, governmental offices and ...more »

Intellectual Property
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Landon IP Brings Best of Class Service to European Market
Sacramento BeeJanuary 30, 2012

Landon IP, Inc. operates in Europe as Landon IP Ltd. The new office is located on High Holborn, in the heart of the city's intellectual property legal district, and a short walk from Chancery Lane. According to David Hunt, Landon IP's CEO, ...more »

Asbestos Litigation
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ZAB case to open floodgates of litigation: Kasuri
The News InternationalJanuary 1, 2012

He said that instant case falls within the purview of settled principle of Law ie “Closed and Past transaction.” Since the administration of justice heavily lean in favour of “Finality” hence a litigation, which is closed and past, cannot be reopened, ...more »

Labor & Employment Law
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Money problems plagued Scranton
Wilkes Barre Times-LeaderJanuary 1, 2012

On Oct. 19, the Pennsylvania Supreme Court found in a 6-1 ruling that the distressed municipalities act, or Act 47, does not supersede Act 111, the Policemen and Firemen Collective Bargaining Act, meaning that the city could no longer delay collective ...more »

Aviation method linked to safer surgeries
American Medical NewsJanuary 2, 2012

Forty-two Veterans Health Administration hospitals implemented a program inspired by aviation practices to train OR teams on using checklist-guided preoperative and postoperative debriefing to prevent mistakes and achieve safer surgical outcomes. ...more »

Landlord & Tenant Law
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Moving evicted tenants is big business
Foster's Daily DemocratJanuary 13, 2012

In certain communities, like Suffolk County on New York's Long Island, the law allows a property owner to leave a tenant's belongings on the sidewalk. Attorney Steven Snair specializes in landlord-tenant cases. They often involve middle-class, ...more »

Bankruptcy Law
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Birmingham Attorney S. Scott Allums Celebrates 10th Anniversary
DigitalJournal.com (press release)January 2, 2012

S. Scott Allums, PC, a Bessemer-based law firm serving clients in Birmingham and throughout Alabama is celebrating its 10th anniversary of offering legal services in the areas of bankruptcy law, family law, and personal injury. ...more »

Litigation
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SiteLogic Adds IPRO Eclipse to Suite of eDiscovery Solutions
MarketWatch (press release)January 9, 2012

IPRO software is used by thousands in law firms, corporate and government legal departments, and litigation service organizations. Currently, 80 of the Am Law 100 rely on IPRO Software in their firms. IPRO clients are found on six continents of the ...more »

Business Law
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Public asked to watch Sacramento schools during break
Sacramento BeeJanuary 1, 2012

Police say there are increases in crime when campuses are vacant, particularly during the summer, winter and spring breaks. "Most of our schools are surrounded by houses, and we need the residents of those houses to join us in protecting these valuable ...more »

Military Law & Military Benefits
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Help coming for veterans with Lou Gehrig's disease
KING5.comJanuary 17, 2012

Benefits are approved based on how disabled VA doctors consider the patient to be. A rating of 100% disabled is needed for expensive items like a wheelchair accessible van and grant money for home adaptations, such as the installation of a shower to ...more »

Computer & Internet Related Crimes
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Pleasanton man arrested on suspicion of having child pornography
San Jose Mercury NewsJanuary 25, 2012

18 at his house in the 5000 block of Monaco Drive after police found images and movies of child pornography on his computer, said Sgt. Kurt Schlehuber. Martinez police, which are part of an Internet Crimes Against Children task force, referred the case ...more »

Personal Injury
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Atlanta Accident Lawyers Offer Free Case Review for Injury Victims
Emailwire (press release)January 7, 2012

Atlanta personal injury lawsuits are often filed after an individual has been injured in a motor vehicle crash, construction accident or due to medical malpractice. These cases will allege that another individual or entity, such as a truck driver or ...more »

Constitutional Law & Civil Rights
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Obama lawyers defend healthcare law in Supreme Court
ReutersJanuary 6, 2012

The healthcare law has been challenged by 26 of the 50 states and by an independent business group as an unprecedented move by Congress that exceeds its constitutional powers. The states involved in the challenge, in a Supreme Court brief, ...more »

Professional Malpractice
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Justification and excuse are distinct concepts
Ortho SuperSiteJanuary 6, 2012

Justification rest on norms, directed to the societal good that create exceptions to the prohibitions of the negligence law. Excuses are different in that they derive from norms not directed at doctors, but rather to legal bodies (peer review, ...more »

Consumer Protection
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Church response misguided
Kansas City Star (blog)January 13, 2012

But as devastating as these assaults are to an organization, attempts to drag protected rape victim records into court is an assault on the ability of all Missouri rape victims to access safe, confidential services. Missouri law requires that employees ...more »

Real Estate Law
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Henderson Franklin Names Four New Stockholders
Exec Digital (press release)January 4, 2012

Schultz speaks frequently locally and nationally to design professionals and insurance companies on lien law, contract management, premises liability and defense issues. He is a member of the Young Lawyer's Division of The Florida Bar, an allied member ...more »

Firms Must Not Use Law Student Clerks To Score Free Electronic Legal Research
BNAJanuary 5, 2012

The contracts forbid students to use their passwords for employment outside law school or for commercial purposes. Numerous students have reported, the committee related, that practitioners are conditioning employment upon students' willingness to do ...more »

Sports Law
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The Joe Namath Playoff Blog: Wild-Card Edition
Yahoo! Sports (blog)January 7, 2012

Sports and the Shutdown Corner Blog during the playoffs to break down the key games, players and moments through to the Super Bowl. Make sure you like the Official Joe Namath page on Facebook and visit the Broadway Joe site for plenty of other insight ...more »

Criminal Defense
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Wayne County: Contracts often begin before commission approves them
Detroit Free PressJanuary 2, 2012

Other companies referenced in grand jury subpoenas, including Strategic Staffing Solutions, Henry Ford Health Systems and the Clark Hill law firm, all have received retroactive contracts in recent years. Ficano's spokesman Pat Dostine acknowledges the ...more »

California law targets slavery risks in business supply chains
TrustLawJanuary 9, 2012

In November, and every November thereafter, the California Franchise Tax Board is scheduled to provide a complete list of firms obliged to comply with the new law to the state Attorney General. California's enormous economy would rank around 8 th in ...more »

GRIFFIN v. HOME DEPOT USA, INC.
Leagle.comJanuary 10, 2012

This case proceeds upon a class action complaint alleging age discrimination in employment by defendant Home Depot USA, Inc. This case is before the court upon defendant's motion to dismiss for failure to state a claim and for lack of jurisdiction ...more »

Trusts & Estate Planning
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Delaware Trust Law - Why Delaware?
JD Supra (press release)January 23, 2012

In this issue: Delaware Dynasty Trusts; Directed Trusts; Incomplete Non-Grantor Trusts; Moving Trusts to Delaware; Decanting; and Asset Protection Trusts. Under Delaware law, a trust holding personal property may last forever.more »

Environmental Law
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CEOs Should Weigh Risks of Alternative Energy Plans, Attorneys Caution
Sacramento BeeJanuary 24, 2012

As a trusted advisor, LeClairRyan provides business counsel and client representation in corporate law and litigation. In this role, the firm applies its knowledge, insight and skill to help clients achieve their business objectives while managing and ...more »

Wills & Probate
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Protect your lover by making your will
Windy City TimesJanuary 18, 2012

I appoint no one as executor of this will and prefer that a family member be appointed by the Probate Court. Windy City Media Group does not approve or necessarily agree with the views posted below. Please do not post letters to the editor here. ...more »

Family Law
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Neighbors: Mother-in-law is friend, peacekeeper and trusted sage
Elmira Star-GazetteJanuary 1, 2012

She is my beloved mother-in-law. / Provided As we welcome the New Year, many of us celebrate with family and friends. In my family, we celebrate the holiday and the birthday of a very special lady, my mother-in-law, Doris Kingsley. ...more »

Workers Compensation
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Workers' comp insurance firm to slash Bay Area jobs
San Jose Mercury NewsJanuary 9, 2012

State Fund is being squeezed because it hasn't been able to slash operating costs quickly enough to cope with its declining share of the workers' comp market. State Fund is a quasi-government entity but receives no taxpayer funding. ...more »

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