News. Crime Stories, Law on News and Legal Publications in February, 2017

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Trial for man accused in repair shop shootings shifts to defense ...
Madison.comJanuary 24, 2017

The prosecution rested Monday as the trial for a man accused of shooting one man to death and injuring another entered its second week. Sophea Mouth, 53, of ...more »

Do cake designs count as intellectual property?
QuartzJanuary 24, 2017

Cake hasn't been controversial since the 1800s when French queen consort Marie Antoinette allegedly declared France's poor, who had no bread, should eat brioche instead (in English: “let them eat cake”). But at US president Donald Trump's inauguration ...more »

Latest Legal and Criminal News

Administrative Law
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Court Questions Student 'Opt Out' Arguments
Daily Business Review (registration)February 8, 2017

On one hand, they said the case against the state — which essentially dealt with what constituted participating in the test — would be better handled as a rules challenge at the Division of Administrative Hearings, which hears rules disputes. That ...more »

Health Care Law
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Conservatives Rally Around Their Own Health Care Plan
Roll CallFebruary 16, 2017

Conservative Republicans on Wednesday staked out their position on a proposed replacement to the 2010 health care law. But their views are likely to muddle the path toward GOP consensus. The House Freedom Caucus endorsed legislation authored by ...more »

Admiralty & Maritime Law
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Massacre of the facts
Frederick News Post (subscription)February 4, 2017

... also bans immigration from seven Muslim countries, letting out the seams of a 2015 law that was passed solely to disallow visitors or those with dual citizenship from Iran, Iraq, Yemen, Somalia, Sudan, Libya and Syria from being eligible to ...more »

Immigration Law
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'Immigration Act of 1917' Turns 100: America's Long History of Immigration Prejudice
Live ScienceFebruary 5, 2017

Decades after the 1917 act became law, its guidelines for inhibiting immigration persisted. And its legacy reverberated recently, when President Donald Trump issued a Jan. 27 executive order temporarily halting the acceptance of refugees from Syria ...more »

Industrial Development Law
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Aiken County Council moves on old business, learns county receives clean audit opinion
Aiken StandardFebruary 12, 2017

Aiken County Council received a presentation on the county's financials at its most recent meeting and also moved forward on a few old business items. During an earlier work session at its Tuesday meeting, council members received a presentation on the ...more »

Alternate Dispute Resolution
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Guided Choice: An Emerging Trend In Dispute Resolution
Law360 (subscription)January 24, 2017

As you contemplate your New Year's resolutions, you may consider implementing Guided Choice as a means to resolve some of your company's or clients' more thorny commercial disputes. Guided Choice is an emerging trend in the resolution of complex ...more »

Insurance Litigation
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Fiduciary Rule Delay 'Too Late' for Industry to Change Course
Insurance Networking NewsFebruary 3, 2017

With respect to ongoing litigation, Sweeney says she believes that the DOL and the Department of Justice will “quickly move to stay all outstanding litigation pending over the fiduciary rule” because Judge Barbara Lynn indicated she would issue her ...more »

Animal Law
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Libre's Law, other animal cruelty laws reintroduced in Pennsylvania
LancasterOnlineJanuary 28, 2017

Named for the puppy rescued last year from a Lancaster County farm, Libre's Law is a bill that would create stricter penalties for animal abuse. State Rep. Ryan Bizzarro, Erie, reintroduced the bill this month. "I will never give up because we are ...more »

Intellectual Property
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Peru: Important milestones in Intellectual Property in 2016 and what to expect in 2017
Lexology (registration)February 6, 2017

2016 was not a year of many changes matters of Intellectual Property in our country, However, The National Institute for the Defense of Competition and Intellectual Property (Henceforth “Indecopi”) facilitated the acceleration in the process concerning ...more »

Asbestos Litigation
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The History And Evolution Of Litigation Finance
Above the LawJanuary 27, 2017

The rise of litigation financing in the United Kingdom occurred around the same period as it did in Australia, but took a different path following the passage of two significant pieces of legislation. First, the Criminal Law Act of 1967 decriminalized ...more »

Labor & Employment Law
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Are Asians the New Face of Affirmative Action?
U.S. News & World ReportFebruary 3, 2017

Affirmative action-style admissions programs remain "on relatively safe grounds for the time being, given the current composition of the the Supreme Court" and its 2016 ruling in Fisher v. University of Texas. Although the court agreed to let those ...more »

Plane crash reported on Jamestown Road
Morganton News HeraldFebruary 6, 2017

The crash happened at 906 Jamestown Road near Morgan Hill Apartments around 4:30 p.m. Monday, according to scanner traffic. The pilot was rescued from the plane and is being treated by Burke County EMS, according to scanner traffic. The condition of ...more »

Landlord & Tenant Law
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Renting and the Law: Landlord without lease wants tenants to vacate
Minneapolis Star TribuneFebruary 10, 2017

Q: I'm wondering what the law is concerning asking a tenant to vacate when there is no lease. My dad owns a historic property, listed on the National Register, which is divided into separate residential apartments. None of the tenants have leases. One ...more »

Bankruptcy Law
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Brazil plans changes to bankruptcy law to help recovery: source
ReutersJanuary 31, 2017

BRASILIA Brazil plans to overhaul its bankruptcy law to help troubled companies survive a two-year recession that has led a record number of them to suspend debt payments, a senior member of the government's economic team said on Tuesday. President ...more »

Litigation
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Deutsche Bank posts loss as litigation costs bite
MarketWatchFebruary 2, 2017

FRANKFURT--Deutsche Bank AG on Thursday reported a net loss of EUR1.9 billion ($2.05 billion) in the fourth quarter, ending another tumultuous year hurt by litigation costs, cutbacks to businesses and economic headwinds that challenged European banks ...more »

Business Law
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FTC Settles “Made in USA” False Advertising Claims
JD Supra (press release)February 3, 2017

On Wednesday, the Federal Trade Commission (“FTC”) announced settlement of its false advertising claims against iSpring Water Systems, LLC (“iSpring”). According to the FTC's complaint, iSpring, a company that sells water filtration systems and parts, ...more »

Military Law & Military Benefits
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Troops to Receive Training on Military's New Blended Retirement ...
Department of DefenseFebruary 1, 2017

The new military retirement system is one of the most significant changes to military pay and benefits in 70 years, and the Defense Department has launched ...more »

Computer & Internet Related Crimes
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Portsmouth man charged with possessing child pornography
Portsmouth PressJanuary 27, 2017

PORTSMOUTH, R.I. — The State Police arrested a Portsmouth man on Thursday, Jan. 26, on child pornography charges. Members of the State Police Computer Crimes Unit/Internet Crimes Against Children (ICAC) Task Force arrested John Sullivan, 21, of 31 ...more »

Personal Injury
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What are the Most Common Causes of Personal Injuries?
Lawyers.com Blog (blog)February 10, 2017

In Washington, fault can be shared in a personal injury case. Damages are awarded based on contributory fault law which says that you may only be awarded damages proportionate to the percentage of fault contributed by the defendant and nothing for the ...more »

Constitutional Law & Civil Rights
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Legal scholars question immigration ban - Yale Daily News
Yale Daily News (blog)February 1, 2017

Within hours of its passage, President Donald Trump's executive order limiting immigration from seven majority-Muslim countries and banning refugees drew ...more »

Professional Malpractice
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Wake Up Call: Trump's Law Firm Joins Fight Against Travel Ban
Bloomberg Big Law BusinessFebruary 3, 2017

Lawyers from President Donald Trump's personal law firm, Morgan Lewis & Bockius, are said to be giving legal help to people affected by Trump's executive order temporarily barring immigration from seven Middle Eastern countries. (The Lawyer).more »

Consumer Protection
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Taking refuge in confidentiality
The Hans IndiaFebruary 6, 2017

An advocate sought information about foreign tours of the members of Bar Council of India (BCI) Committees, their purpose etc, how many law colleges were recognised based on inspection done by BCI Member Vijay Bhatt in the state of Uttarakhand, and the ...more »

Real Estate Law
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Attorneys Need to Leave Egos at the Door in Commercial Real Estate Deals, Freinberg Advises
PR Web (press release)February 8, 2017

When attorneys leave their egos at the door and work with brokers as a team on commercial real estate deals, they are more likely to deliver better results for their clients, advises David C. Freinberg, a shareholder in national law firm LeClairRyan ...more »

Can an Email or a Phone Call Create a Legal Obligation to Sell a Loan?
Commercial ObserverFebruary 2, 2017

How does the Stonehill case apply to commercial real estate contracts as opposed to loan sales? A New York law invalidates any oral contract for the sale of real estate. That hasn't changed. Real estate contracts are different from loan sale contracts.more »

Sports Law
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Fantasy Aces Bankruptcy Hurts Antitrust Argument For FanDuel And DraftKings Merger
ForbesFebruary 2, 2017

... Zicklin School of Business, where he has published more than 30 law review articles on sports law matters, including, most recently, “Regulating Fantasy Sports.” He also previously practiced antitrust law with the New York offices of Skadden, Arps ...more »

Criminal Defense
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Progressive lawyer Carl Shapiro, Marin's 'liberal lion in winter,' dies at 100
Marin Independent JournalFebruary 5, 2017

I just need enough to live on.” Considered the unofficial dean of Marin's criminal defense attorneys, he was known for his razor sharp mind as much as his common-man approach to the law and was often sought out by younger attorneys for advice and ideas.more »

IRS Addresses Top Tax Refund Myths As Tax Season Rolls On
ForbesFebruary 1, 2017

Taxpayers who are affected by the new law those claiming the Earned Income Tax Credit (EITC) or the Additional Child Tax Credit (ACTC). Those taxpayers should expect the IRS to hold their entire refund check since the IRS isn't allowed to release the ...more »

Bill would help protect seniors seeking care referrals
Mail TribuneFebruary 7, 2017

A Grants Pass businesswoman is one of the driving forces behind a proposed bill in the Oregon Legislature that would set regulatory standards to protect elderly people at a vulnerable point in their lives. Jamie Callahan says there is virtually no ...more »

Trusts & Estate Planning
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Here's what's at stake as Trump moves to undo the Dodd-Frank law
Los Angeles TimesFebruary 3, 2017

That's a not-so-subtle swipe at the Consumer Financial Protection Bureau, an agency created by the Dodd-Frank act that has been a strict enforcer of consumer protection laws and that has crafted a bevy of new rules that apply to mortgage lenders, banks ...more »

Environmental Law
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Wyoming companies could be banned from using renewable energy with new state legislation
The IndependentJanuary 24, 2017

​The bill's nine sponsors, which include two state senators and seven state representatives, largely come from Wyoming's top coal-producing counties which have been threatened by the arrival of shale gas and the spread of renewable energy sources.more »

Wills & Probate
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As new probe unfolds, time to abolish Suffolk probate
The Boston GlobeFebruary 10, 2017

The mysterious suspension of Felix D. Arroyo from his $134,692-a-year job as Suffolk register of probate, just a few years after the last scandal at the office, offers yet another opportunity to rethink this obscure but important agency. Residents of ...more »

Family Law
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UK: Quan v Bray To Unsettle Trust Planning, Charity Law And Family Law
Mondaq News Alerts (registration)February 9, 2017

However the Court of Appeal is today considering legal issues concerning Trusts and Settlements that could have pivotal impact on a whole spectrum of legal advice in the wealth planning sector including Trusts Law, Charities Law and Matrimonial Law.more »

Workers Compensation
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Proposed bill places workers' comp fraud in criminal code
Galesburg Register-MailFebruary 1, 2017

GALESBURG -- A bill that's part of a 12-bill package in the Illinois Senate would amend the Illinois Criminal Code of 2012 to include workers' compensation fraud if passed. Senate Bill 12 would add a section to the criminal code stipulating the ...more »

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