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Supreme Court turns away O'Hare cemetery case
Legal Career News | 2011/01/27 16:31

The Illinois Supreme Court has refused to review a lower court decision in favor of Chicago's acquisition of a cemetery that's in the path of a planned runway in the $15 billion O'Hare International Airport Modernization Program.

Spokesman Joseph Tybor says the court's decision means the appellate court decision stands.

Earlier this month, Chicago Aviation Commissioner Rosemarie Andolino said the city planned to resume unearthing bodies at the cemetery as soon as the Supreme Court made a decision in its favor.

Plans call for the 900 buried at St. Johannes Cemetery in Bensenville to be relocated.

Attorney Joseph Karaganis, who represents cemetery owner St. John's United Church of Christ, says Wednesday's decision is technically "not the end of the line" for the issue, but is pretty close to it.



NY man pleads guilty in attack on estranged wife
Criminal Law Updates | 2011/01/27 14:31

A 59-year-old New York man has pleaded guilty to slashing his wife's neck during an attack that ended with him being dragged underneath her car.

The Democrat and Chronicle of Rochester reports that John Gilbert pleaded guilty Wednesday in Ontario County Court to assault, aggravated criminal contempt and endangering the welfare of a child.

Gilbert was facing a February trial on attempted murder charges when a plea agreement was reached with prosecutors.

Authorities say Gilbert attacked Jennifer Gilbert when she went to his home in Geneva in 2009 to pick up her three children. She wasn't badly hurt.

Police said when she tried to escape, her estranged husband clung to the car, then fell underneath it and was dragged for 40 feet, suffering serious injuries.



Decide in court if bingo machines legal
Court Feed News | 2011/01/27 14:30

Alabama Attorney General Luther Strange has told operators of closed electronic bingo casinos that he has no problem with going to court to determine if their machines are legal.

Operators of casinos closed by former Gov. Bob Riley's gambling task force have said they would like to go to court to prove that their machines are legal according to local constitutional amendments. But the courts have ruled they can't do it unless machines are seized.

The new attorney general said Wednesday he has told the casino operators he would be willing to confiscate some machines and file charges saying the machines were operated illegally. Strange said he could confiscate the machines in a way that they would stay in place at the casino, but could not be operated.

Strange said the machines could be confiscated quietly and would not involve pre-dawn raids by law enforcement officers similar to those attempted by Riley's task force.

He said the result would be a ruling from a judge on the legality of the machines that could be appealed by either side to the Alabama Supreme Court.

Chief Deputy Attorney General Richard Allen said the proposal has been made to casino operators and the AG's office is waiting to get an answer.

An attorney for the closed Country Crossing casino in Dothan said the facility's operators appreciate that Strange is willing to discuss finding a way to get the issue into court.

"We are open to any discussion that might bring this to a resolution short of the midnight Gestapo-type raids," said Doug Jones, an attorney for Country Crossing.



Obama: Lower corporate tax rates, close loopholes
U.S. Legal News | 2011/01/26 18:18

President Barack Obama's call to lower corporate tax rates is popular among business leaders and lawmakers from both parties. That support, however, won't be easy to maintain if the president ever gets specific about how to pay for the lower taxes.

Obama said in his State of the Union address that he wants to close corporate tax loopholes and use the additional revenue to lower corporate tax rates for the first time in 25 years — without adding to the budget deficit. The top corporate tax rate is 35 percent, among the highest in the industrialized world. However, federal tax laws are filled with so many credits, deductions and exemptions that few companies pay the top rate.

"Over the years, a parade of lobbyists has rigged the tax code to benefit particular companies and industries," Obama said in his speech Tuesday night. "Those with accountants or lawyers to work the system can end up paying no taxes at all. But all the rest are hit with one of the highest corporate tax rates in the world. It makes no sense. It has to change."

Obama's goal is to create a simpler tax code that encourages sound business decisions rather than aggressive tax planning. As it stands now, businesses and individuals spend more than 6 billion hours a year working to comply with the tax code, according to the National Taxpayer Advocate, an independent watchdog within the Internal Revenue Service.

It will take a sustained effort by the administration, however, to forge a consensus with lawmakers on reshuffling corporate taxes in a way that is sure to create winners and losers. The "loopholes" Obama talked about in his speech are regarded as cherished, well-deserved tax breaks by many lawmakers in both parties.



Ill. high court mulls Rahm Emanuel's mayoral run
Court Feed News | 2011/01/26 18:16

With Chicago election officials printing mayoral ballots that include Rahm Emanuel's name, it's up to the Illinois Supreme Court to decide whether voters will actually see him among their choices during next month's election.

The state's highest court agreed Tuesday to decide whether Emanuel can run for mayor, and the justices ordered election officials not to print any ballots without his name until they can rule.

The action bought valuable time for the former White House chief of staff, who a day earlier was kicked off the ballot by an appeals court because he didn't live in the city for a year before the Feb. 22 election. The state Supreme Court said it would expedite the matter but gave no specific time frame.

With less than a week to go before the first early ballots are cast, a number of potential scenarios loomed, including the possibility that Emanuel would have to resort to a write-in campaign or wage a desperate bid to take the matter to federal court.

Emanuel, who had been the heavy favorite to lead the nation's third-largest city, pressed ahead with confidence and said he was doubling his campaign by adding more stops to his already busy schedule.



Guilty plea entered by ex-Galleon employee in NYC .
Criminal Law Updates | 2011/01/26 13:16

The government has continued to strengthen its case against Galleon hedge fund founder Raj Rajaratnam (RAHJ rah-juh-RUHT'-nuhm) after one of his former employees pleaded guilty to insider trading charges.

Former Galleon portfolio manager Adam Smith entered the federal plea in Manhattan on Wednesday to conspiracy to commit securities fraud and securities fraud. The charges carry a potential penalty of up to 25 years in prison.

Smith is among more than 15 people who have pleaded guilty in connection with what prosecutors have called the biggest hedge fund insider trading case ever.

Authorities said when they brought the case late in 2009 that those who traded securities based on inside information in the case earned more than $50 million in illegal profits.



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