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Mass. court rejects challenge to Cape Wind permit
Lawyer Blog News | 2010/09/01 15:42

Developers of a proposed Nantucket Sound wind farm were cleared to move forward Tuesday when Massachusetts' high court rejected a claim that the project sidestepped local opposition to win a key permit.

Cape Wind project, a 130-turbine proposal that would be the nation's first offshore wind farm, was given permission last year by a state board to build power transmission lines through state waters. The Supreme Judicial Court backed that decision in a 4-2 ruling.

Cape Wind had gone to the state after a local board, the Cape Cod Commission, rejected in 2007 its request to build about 18 miles of undersea and underground transmission cables to connect to the regional electric power grid. The local board said Cape Wind hadn't provided sufficient information.

Opponents argued the state exceeded its powers and was trumped by the local ruling, but the court disagreed. It said that that interpretation would mean the state Energy Facilities Siting Board's authority applied everywhere but Cape Cod.

Cape Wind opponents also argued the state board was wrong to consider only the transmission lines' effect on Massachusetts, rather than the entire project's effect. But the court said that doing so would have essentially given the board the power to kill a project under federal jurisdiction.



Court says gay couples can't divorce in Texas
Court Feed News | 2010/09/01 11:16

Gay couples legally married in other states cannot get a divorce in Texas, where same-sex marriage is banned, a state appeals court ruled Tuesday.

The 5th Texas Court of Appeals ruled that a Dallas district court judge didn't have the authority to hear a divorce case involving two Dallas men who married in Massachusetts in 2006. Republican state Attorney General Greg Abbott's office had appealed after Judge Tena Callahan, a Democrat, said she did have jurisdiction and dismissed the state's attempt to intervene.

"Today's court of appeals decision overruled the district court's improper ruling, confirmed the constitutionality of Texas' traditional definition of marriage and correctly found that Texas courts lack the legal authority to grant divorces to same-sex couples," said Abbott spokesman Jerry Strickland.

Callahan also had ruled Texas couldn't limit marriage to a man and a woman, but the appeals court said the state's same-sex marriage ban was constitutional.



Menzer & Hill, P.A.
Law Firm Press | 2010/09/01 08:01
Menzer & Hill, P.A. represents investors in the recovery of losses at the result of brokerage firms' failure to supervise their financial advisors who engage in unsuitable investment recommendations, the excessive trading of investors' accounts, inappropriate allocation of portfolio assets, misrepresentations and/or material omissions of fact resulting in fraud, negligence, breach of fiduciary duties, selling away, failure to advise their clients of risk management strategies and excessive use of margin.

In addition to their legal and arbitration experience, the attorneys and founding partners of Menzer & Hill, P.A. bring with them extensive securities industry experience which include in-house and chief corporate brokerage counsel, chief compliance officer supervising and regulating the practice of stockbrokers and financial advisors, as well as sales experience with advising clients and recommending the sale of securities and insurance.  The attorneys and founding partners have essentially switched hats where they once represented the industry and broker-dealers, they now represent aggrieved investors.  This yields a unique experience giving the firm intimate knowledge of the misconduct of brokers and the details and nuances of the securities and insurance products they recommend.

Attorneys

Menzer & Hill, P.A., is a nationally known securities law firm headquartered in Boca Raton, Florida.  The primary focus of the Firm is representing investors nationwide that have lost money due to the negligence of their brokers/financial advisors and the failure to supervise by their broker-dealers. Menzer & Hill, having formerly held Corporate Counsel and Chief Compliance Officer Positions for a publicly traded broker-dealer, bring a truly unique perspective and understanding of how broker-dealers defend against arbitration claims as well as the knowledge of the insurance coverage these firms carry. 

Practice Areas
We represent clients in cases involving the following practice areas:

Investigations/Cases
Based on current events and regulatory focus on these special securities and products, these are some of the areas that Menzer & Hill, P.A. are investigating:

Menzer & Hill, P.A. is truly dedicated and devoted to making sure that the average investor is protected and represented against the abuses of Wall Street.



Facebook post gets Detroit-area juror in hot water
Court Feed News | 2010/08/31 16:04

A judge removed a juror from a trial in suburban Detroit after the young woman wrote on Facebook that the defendant was guilty. The problem? The trial wasn't over. Hadley Jons, of Warren just north of Detroit, could be found in contempt when she returns to the Macomb County circuit court Thursday.

Jons, 20, was a juror in a case of resisting arrest. On Aug. 11, a day off from the trial and before the prosecution finished its case, she wrote on Facebook that it was "gonna be fun to tell the defendant they're guilty."

The post was discovered by defense lawyer Saleema Sheikh's son.

Circuit Judge Diane Druzinski confronted Jons the next day and replaced her with an alternate.

"You don't know how disturbing this is," Druzinski said, according to The Macomb Daily.

A message seeking comment was left for Jons on Monday.

"I would like to see her get some jail time, nothing major, a few hours or overnight," Sheikh said. "This is the jury system. People need to know how important it is."

Sheikh's son, Jaxon Goodman, discovered the comment while checking jurors' names on the Internet. He works in his mother's law office.



Wal-Mart appeals class action in top court
Class Action News | 2010/08/31 12:11

Wal-Mart has petitioned the US Supreme Court to reconsider a decision by the US Court of Appeals for the Ninth Circuit affirming class action certification in a gender discrimination case, notes a Jurist report.

The company has asked the court to examine whether the Appeals Court's April ruling was proper under Title VII of the Civil Rights Act of 1964, the Due Process Clause, the Seventh Amendment and Federal Rule of Civil Procedure 23 (FRCP). Wal-Mart's position is that the class is overbroad and that the Ninth Circuit's decision is inconsistent with certification standards in multiple circuits.

Wal-Mart also contends that claims for monetary relief cannot be certified under FRCP 23, which it says only applies to claims to injunctive relief. The report states that the case was filed in 2001 by female Wal-Mart employees who contend that Wal-Mart's nationwide policies result in lower pay for women than men in comparable positions and longer waits for management promotions than men.



Banks post $21.6 billion profit in 2nd quarter
Business Law Info | 2010/08/31 12:02

A mixed picture of U.S. banks emerged Tuesday as the industry posted its highest quarterly earnings in nearly three years while the number of troubled institutions grew by more than 50.

Banks overall made $21.6 billion in net income in the April-to-June quarter, the Federal Deposit Insurance Corp. said. It was the highest quarterly level since 2007 and was led by the largest institutions. The industry lost $4.4 billion in the second quarter of 2009.

But the number of banks on the FDIC's confidential "problem" list increased by 54 in the quarter -- growing to 829 from 775 in the first quarter. Most of the banks that have failed this year have been smaller or regional banks.

The decline in bank lending stemming from the financial crisis showed signs of leveling off, the data show. Total lending declined by $107.5 billion, or 1.4 percent from the first quarter. It posted the steepest drop since World War II -- 7.5 percent -- in 2009 from the year before.



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