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Ill. high court OKs 'Jews only' inheritance
Lawyer Blog News | 2009/09/28 10:54

Proud of his religion and worried about its future, Chicago dentist Max Feinberg wrote a will with an unusual catch: His grandchildren wouldn't inherit a penny if they married someone who wasn't Jewish.

His decision led to family feuds, lawsuits, counterclaims and, on Thursday, a unanimous ruling by the Illinois Supreme Court that Feinberg and his wife were within their rights to disinherit any grandchildren who married outside the faith.

"Equal protection does not require that all children be treated equally ... and the free exercise clause does not require a grandparent to treat grandchildren who reject his religious beliefs and customs in the same manner as he treats those who conform to his traditions," Justice Rita Garman wrote in a ruling that overturned decisions by two lower courts.

One disinherited granddaughter had argued it was improper for a will to set up conditions that promote religious intolerance in people's marriage decisions or even encouraged couples to divorce.

"It is at war with society's interest in eliminating bigotry and prejudice, and conflicts with modern moral standards of religious tolerance," said Michele Feinberg Trull's brief to the Supreme Court.

The court's ruling was based partly on technicalities in the way this estate was arranged. The court did not provide a broad ruling on whether similar religious restrictions would be valid under other circumstances.



Terror charges dropped against Zimbabwe activist
Legal World News | 2009/09/27 15:53

A prominent human rights activist and her co-accused cannot be tried — now or in the future — on terror charges because they were beaten and tortured in jail, Zimbabwe's Supreme Court ruled Monday.

Chief Justice Godfrey Chidyausiku said the court was issuing a permanent stay of prosecution in the case of Jestina Mukoko and eight other defendants because their constitutional rights had been violated.

Such a ruling from judges appointed by longtime President Robert Mugabe could signal a new willingness on his part to meet demands for reform from Prime Minister Morgan Tsvangirai, his partner in the country's troubled unity government. But in a country that seems to lurch from promising to perilous from day to day, trends are hard to spot.

Innocent Gonese, a member of parliament from Tsvangirai's party, said the judgment could be "the beginning of good things to come, politically," but added that scores of other party activists remain jailed or face charges.

Richard Smith, a South Africa-based human rights activist, said the ruling could show an emerging streak of independence among judges known for taking orders from Mugabe's ZANU-PF party.



Gates Gains While Other Law Firms Suffer
Law Firm News | 2009/09/25 15:55

Like most law firms, K&L Gates LLP faces headwinds. The recession has cut demand for many corporate legal services, including work on mergers, real estate and corporate finance. In turn, profits at firms across the country have plummeted, forcing many of them to fire attorneys, freeze salaries and shut offices.

Peter Kalis, chairman of the 1,800-lawyer K&L firm, has felt the pain first hand. He cut costs sharply this year, including firing about 40 attorneys and 200 other staff members.

But the 59-year-old West Virginia native -- a Rhodes Scholar, Yale Law School graduate and clerk for Supreme Court Justice Byron White -- hasn't curtailed his expansion ambitions.

In the last two years, he has overseen mergers with firms in Chicago, North Carolina and Texas, and he has opened offices abroad, including in Singapore, Frankfurt and Dubai. His Pittsburgh law firm now ranks among the nation's largest, with 33 offices around the globe.

And Mr. Kalis shows no signs of slowing down. "Downturns can present extraordinary growth opportunities," he says. "But if you are lost in navel gazing and you don't have your head beams on high looking down the road, you'll miss the opportunities."



Lawyer: Sept. 11 conspirator deserves new trial
Court Feed News | 2009/09/25 15:53

A lawyer for Zacarias Moussaoui has told a federal appeals court in Virginia that the Sept. 11 conspirator is entitled to a new trial.

Moussaoui is serving a life sentence after pleading guilty to helping plan the 2001 terrorist attacks. But his lawyer told a three-judge panel Friday that the plea was unconstitutional because his trial lawyers had to undergo a national security background check, which restricted Moussaoui's right to choose counsel.

Moussaoui also claims he was denied helpful evidence. A federal prosecutor said Moussaoui decided to plead guilty before that evidence could be provided.

The 4th U.S. Circuit Court of Appeals first heard Moussaoui's appeal in January but ordered new arguments when a panel member retired before the case could be decided.



Court nixes $5M verdict against funeral protesters
Lawyer Blog News | 2009/09/25 15:51

A federal appeals court on Thursday tossed out a $5 million verdict against protesters who carried signs with inflammatory messages like "Thank God for dead soldiers" outside the Maryland funeral of a U.S. Marine killed in Iraq.

A three-judge panel of the 4th U.S. Circuit Court of Appeals said the signs contained "imaginative and hyperbolic rhetoric" protected by the First Amendment. Such messages are intended to spark debate and cannot be reasonably read as factual assertions about an individual, the court said.

A jury in Baltimore had awarded Albert Snyder damages for emotional distress and invasion of privacy. The 2006 funeral of Snyder's son, Marine Lance Cpl. Matthew Snyder in Westminster, Md., was among many military funerals that have been picketed by members of the fundamentalist Westboro Baptist Church in Kansas.

Albert Snyder's attorney, Sean E. Summers, said he and his client were disappointed.



Conn. land taken from homeowners still undeveloped
Lawyer Blog News | 2009/09/25 11:51
The plot of prized waterfront Connecticut land that was the crown jewel in the nation's famed Supreme Court fight over eminent domain sits largely undeveloped today, littered with weeds, glass and bricks.

Property rights advocates who fought to keep the city of New London from taking homes by eminent domain say the city's failure to develop the land is poetic justice. But city officials say the land's fate was victim of the bad economy.

Susette Kelo and six other homeowners fought for years to keep New London from taking their homes. The city won the right to buy the land in a 5-4 Supreme Court decision in 2005.

Officials hoped for more than 3,000 new jobs in the development. But today, there's only a state park and a handful of new jobs.



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