Lawyer News
Today's Date: U.S. Attorney News Feed
D.C. Wants High Court To Hear Gun Case
Lawyer Blog News | 2007/07/17 16:05

The District will ask the Supreme Court to uphold its strict 30-year handgun ban, setting up what legal experts said could be a test of the Second Amendment with broad ramifications. The high court has not ruled on the Second Amendment protection of the right to keep and bear arms since 1939. But at a morning news conference yesterday, Mayor Adrian M. Fenty (D) and Attorney General Linda Singer said they expect the court to hear a case they called crucial to public safety.

In a 2 to 1 decision in March, a panel of judges for the U.S. Court of Appeals for the D.C. Circuit ruled that the city's prohibition against residents keeping handguns in their homes is unconstitutional. In May, the full appeals court declined a petition from the city to reconsider the panel's decision.

Some gun control advocates have cautioned that a defeat in the Supreme Court could lead to tough gun laws being overturned in major cities, including New York, Chicago and Detroit. Fenty said the District had no choice but to fight because more guns in homes could lead to increases in violent crime and deadly accidents.

"The handgun ban has saved many lives and will continue to do so if it remains in effect," Fenty said. "Wherever I go, the response from the residents is, 'Mayor Fenty, you've got to fight this all the way to the Supreme Court.' "

Gun rights advocates welcomed the chance to take the fight to the high court. A central question the D.C. case poses is whether the Second Amendment protects an individual's rights to keep and bear arms.

Experts say gun rights advocates have never had a better chance for a major Second Amendment victory, because a significant number of justices on the Supreme Court have indicated a preference for the individual-rights interpretation.

"Any accurate, unbiased reading of American history is going to come down to this being an individual right," said Wayne LaPierre, executive vice president of the National Rifle Association. "To deny people the right to own a firearm in their home for personal protection is simply out of step with the Constitution."

The city's three-decade-old gun ban was challenged by six D.C. residents -- backed by the libertarian Cato Institute -- who said they wanted to keep guns in their homes for self-defense. The District's law bars all handguns unless they were registered before 1976; it was passed that year to try to curb gun violence, but it has come under attack in Congress and in the courts.

The Second Amendment states: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

The last Supreme Court ruling on the issue, in Miller v. the United States, is considered by many to define the right to bear arms as being given to militias, not to individuals.

U.S. District Judge Emmet G. Sullivan dismissed the residents' lawsuit -- Parker v. the District of Columbia-- several years ago, ruling that the amendment was tailored to membership in a militia.

But the appeals panel ruled in March that the District has a right to regulate and require registration of firearms but not to ban them in homes. The ruling also struck down a section of the law that required owners of registered guns, including shotguns, to disassemble them or use trigger locks.

"We're very pleased the case will go to the Supreme Court," said Alan Gura, an attorney for the residents. "We believe it will hear the case and will affirm that the Bill of Rights does protect the individual."

Singer said she will receive pro bono legal assistance from several high-profile constitutional law experts, including former acting solicitor general Walter E. Dellinger III. She called the city's handgun laws "reasonable" and said many handguns are used in illegal activities.

"This is not a law which takes away the rights to keep and bear arms," Dellinger said. "It regulates one kind of weapon: handguns."

Singer said she will ask for a 30-day extension to file the District's appeal with the Supreme Court, which would push the deadline to Sept. 5. The city's handgun laws will remain in effect throughout the appeal, Singer said.

"If the U.S. Supreme Court decides to hear this case, it could produce the most significant Second Amendment ruling in our history," Paul Helmke, president of the Brady Center to Prevent Gun Violence, said in a statement. "If the U.S. Supreme Court follows the words of the U.S. Constitution and the Court's own precedents, it should reverse the Appeals Court ruling and allow the District's law to stand."



Tiny Tax Bill Gives Couple Big Trouble
Lawyer News | 2007/07/17 15:08

A missing property tax bill for $1.63 has given Kermit and Dolores Atwood "seven years of emotional hell" in a fight to keep their home. The bill was sent to a defunct address in 1996 and returned undelivered to the St. Tammany Parish sheriff's office. The Atwoods weren't looking for it since they had owned the four-bedroom house mortgage-free since 1968 and had been exempt from the state tax. "The sheriff's office could have easily found us," Dolores Atwood said. "We're in the phone book."

Instead, the Atwoods' home was sold at a sheriff's auction in 1997 to American Land Investments because of the delinquent bill. The couple have won several court challenges since then and hope to withstand one more appeal over the property.

The State Tax Commission eventually nullified the 1997 sale, but when the Atwoods tried to sell the house in 2002, they discovered that American Land Investments had sold the property rights to Jamie Land Co., which then sued the Atwoods.

James A. Lindsay II, the company's president, said his rights were violated when the tax commission didn't inform him of its decision.

Without a clear title, the couple couldn't sell the house. Then in 2005, Hurricane Katrina struck. Dolores Atwood said they didn't have insurance, and because of the title, they didn't qualify for federal rebuilding help.

"I don't know how much more I can endure," said Atwood, 69, who lives in a FEMA trailer in front of the still-damaged home north of Slidell. Her husband, 71 and on a respirator, lives with relatives. She said the couple had been through "seven years of emotional hell."

In May 2006, a judge ruled that the property title belongs to the Atwoods. Last month, a state appeals court panel upheld the decision. Jamie Land asked the court to rehear the case, but that request was denied last week.

Now, the company plans to ask the Louisiana Supreme Court to take up the case. Lindsay said he doesn't want the Atwoods to suffer, but "I have rights too," adding that the commission gave him no notice when it annulled the tax sale.

"I don't owe him 50 cents," Delores Atwood said, "not with what he's put me through."



Russia vows response to UK expulsions
Legal World News | 2007/07/17 11:02

A Kremlin spokesman has promised a "targeted" response to Britain's expulsion of four Russian diplomats, raising the stakes in a dispute over the murder probe of a former KGB spy.

Russian deputy foreign minister Alexander Grushko briefed reporters in Moscow Tuesday, a day after Britain announced the explusions. Grushko told the Itar-Tass news agency to anticipate the Russian government's response to Britain's "provocative" move "in the very near future."

Grushko said it would be a "targeted and appropriate" response, but would not give further details other than to add that Russia's action would take into account "the interests of ordinary people and businessmen."

Analysts have said it is likely Russia will reciprocate by evicting British diplomats in Russia, but that they will stop short of hitting back at British business interests in Russia — a move that could be costly for both countries.

Meanwhile in London, a spokesman with the Foreign Office told reporters that "no reprisal on behalf of Russia would be justified."

The diplomatic row is rooted in the British investigation into the slaying of former KGB spy and fierce Kremlin critic Alexander Litvinenko, who was poisoned by the radioactive isotope polonium-210 while dining at a London hotel on Nov. 1, 2006.

British prosecutors believe that Andrei Lugovoi, another former KGB agent who met with Litvinenko that day, is a prime suspect and they want him extradited to stand trial in London.

But Russia has refused to co-operate, arguing that it is against its constitution to extradite citizens wanted for crimes in foreign nations.

In retaliation, Britain's Foreign Ministry announced Monday that it was ordering four Russian diplomats to leave London to show the country is serious about prosecuting Lugovoi for what British Foreign Secretary David Miliband called a "heinous" crime.

"This response is proportional and it is clear at whom it is aimed," Miliband said Monday.

Britain has reportedly sent a list of four names threatened with expulsions to Russian officials, but Russia said it would wait for Britain to follow through with the expulsions before acting.



AT&T Fails to Block Roaming Fee Class Action
Class Action News | 2007/07/16 19:09

AT&T has lost an attempt to block a class-action lawsuit which is suing the carrier for alleged over-charging roaming fees. AT&T, known at the time as Cingular Wireless had tried to argue before Washington State's Supreme Court that the customers had signed a contract which included a clause forbidden the customer from starting a class-action lawsuit, but the court decided that the clause was unfair and sent the case back to the trial court in King County where it began.

The lawsuit was filed back in 2004 against Cingular has claimed that the carrier advertised free roaming in areas covered by AT&T Wireless - which at the time was actually a separate company - but charged customers for the roaming service. It is claimed that Cingular had overcharged customers between $1 and $40 per month.

Public Justice, America's public interest law firm, based in Washington, DC which represented the customers, argued that Cingular's class action ban is "unconscionable" under state law because it forces customers to arbitrate their individually-small claims one-by-one and denies them the option of acting as a group with a common grievance for any reason. Public Justice also argued that federal law does not trump state laws that preclude companies from barring class actions in contract provisions.

"This decision is likely to have a significant influence on the way other courts think about this issue," said Paul Bland of Public Justice, who argued the appeal. "A number of courts around the country are wrestling with this issue right now, and the Washington Supreme Court's opinion is so thoughtful and well-reasoned that it is likely to persuade many other courts to also protect consumer rights."

In striking down the class action ban, the court emphasized that, if Cingular's customers couldn't bring a class action, they would be prevented from pursuing valid claims against the company. Writing for the 6-3 majority, Justice Tom Chambers stated that, if enforced, Cingular's class action ban would "effectively den[y] large numbers of consumers the protection of Washington's Consumer Protection Act."

The court also recognized that class actions are necessary to "strongly deter future similar wrongful conduct, which benefits the community as a whole."



Holocaust Survivors' Kids File Class Action
Legal World News | 2007/07/16 19:00

Raised on fear and depression, children of Holocaust survivors say the Nazi terror has crossed generations, and want the German government to pay for their psychiatric care.

On Monday, Israelis who call themselves second generation survivors are filing a class action suit in a Tel Aviv court against the German government to finance therapy.

Thousands of people from Holocaust families are incapable of working, live with an irrational fear of starvation and suffer incapacitating bouts of depression, said Baruch Mazor, the director of the Fisher Fund which is filing the suit.

Mazor said 4 to 5 percent of the 400,000 children of survivors in Israel require treatment. Since many cannot hold steady jobs, they cannot pay for their own treatment, and aid from the Israeli government and health insurance has been inadequate, he said.

The suit seeks to set up a German-financed fund to pay for biweekly therapy sessions for 15,000 to 20,000 people, or about US$10 million (€7.3 million) annually for three years.

It was unclear what standing the Israeli court would have in a damages case against a foreign country.

Mazor said the Tel Aviv suit was a first step aimed at winning recognition that Germany should bear responsibility for the suffering of survivors' children. Armed with that ruling, the plaintiffs would try to negotiate a settlement, or would take their case to a German or an international court, he said.

Since the 1950s, Germany has paid more than US$60 billion (€44 billion) in reparations to concentration camp survivors, families of the some of the 6 million Jewish victims, and to the state of Israel. Much of that money went to the Conference on Jewish Material Claims Against Germany, a New York-based organization that negotiates with Germany and distributes the payments.

Mazor said money handled by the Claims Conference is earmarked for survivors, and their children did not want to detract from those funds.

Instead, they wanted "recognition and responsibility of the German government" for their problems, he said.

The German Foreign Ministry declined comment.

But Germany was likely to see the suit as opening an indefinite channel for future claims, just as the generation that lived through the Holocaust was reaching its end.

The suit claims the second generation grew up "in the shadow of depression, grief and guilt of their parents, which created a powerful inclination among the children for paid and suffering."

Children had a "twisted relationship with their parents" that impeded their development and led to severe psychological problems, the suit claims.

One 58-year-old woman told her story to Israel Radio Sunday, saying the fear of starvation experienced by her parents in Auschwitz, where inmates prized any crust of bread they could obtain, had been passed on to her.

"I have and had obsession over food, especially bread," said the woman. "If you come to my house and open the freezer, loaves of bread fall on you, without any proportion to what I really need."

She declined to disclose her name, but Mazor said she spoke for thousands.

She had no childhood, she said, but felt as if she jumped directly into adolescence. "In our house it was forbidden to exhibit pain or say that you are sad. My father taught us not to show people how we feel, that it is forbidden to show people you are hurt, or that things are hard for you. And this was very, very hard," said the woman.

The feeling conveyed by her father was: "I went through hell, and what you are going through is nothing."

Others of the second generation say they cannot ride buses because it reminds them of the transports their parents took to the concentration camps, or they fear dogs because they were used by the Nazis to control crowds.

Mazor said the Fisher Fund, a charity representing the second generation, held lengthy negotiations with the German Embassy over the compensation claims, but the talks were cut off by the Germans.



35 Sentenced to Life in Prison in Ethiopia
Legal World News | 2007/07/16 17:41

A court sentenced 35 opposition politicians and activists to life in prison and denied them the right to vote or run for public office for inciting violence in an attempt to overthrow the government, a judge said Monday.

The prosecution had called for death sentences against the defendants, who included Ethiopia's top opposition leaders and five people charged, tried and convicted in absentia. Another eight defendants facing similar charges were sentenced to between 18 months and 18 years in prison, said Judge Adil Ahmed, reading the sentences on behalf of the three-judge panel.

International human rights groups had widely condemned the trial as an attempt to silence government critics, and opposition leaders have claimed it was politically motivated. In a statement Monday, Amnesty International said it was dismayed at the life sentences.

"On the basis of the information we have, most — if not all — of those sentenced today are prisoners of conscience imprisoned on account of their opinions, who have not used or advocated violence and should therefore be immediately and unconditionally released," Erwin van der Borght, director of Amnesty's Africa program, said in the statement.

The judges declined to follow the recommendation of the prosecution to hand down the death penalty, Adil said.

"The court has deemed life imprisonment as a comprehensive and sufficient verdict for the actions taken," he said.

All those sentenced to life imprisonment have also been permanently denied the right to vote or run for office. Those given lesser sentences were banned from office for five years.

The judges also ordered the closure of three publishing companies and fined each of them between US$1,700 and US$13,600.

Those facing life imprisonment include the leader of the Coalition for Unity and Democracy, Hailu Shawel; Berhanu Nega, who was elected mayor of Addis Ababa; former Harvard scholar Mesfin Woldemariam; and former U.N. special envoy and a former professor at Virginia's Norfolk State University, Yacob Hailemariam.

The Federal High Court trial began in December 2005 following postelection violence that erupted during protests over balloting six months earlier.

The opposition won an unprecedented number of parliamentary seats in the 2005 vote, but Prime Minister Meles Zenawi held onto power. The opposition claimed the voting was rigged, and European Union observers said they were marred by irregularities.

Initially, the opposition leaders, journalists and others were charged with treason, inciting violence and attempted genocide. Judges dropped the treason and attempted genocide charges in April and later that month freed 25 prisoners, among them eight journalists.

Since April, a total of 43 people faced four other charges, but only nine chose to put up a defense.

Late last year, Ethiopia acknowledged that its security forces killed 193 civilians protesting alleged election fraud, but insisted they did not use excessive force. A senior judge appointed to investigate the violence had accused the security forces of excessive force.



[PREV] [1] ..[1091][1092][1093][1094][1095][1096][1097][1098][1099].. [1268] [NEXT]
   Lawyer News Menu
All
Lawyer Blog News
Court Feed News
Business Law Info
Class Action News
Criminal Law Updates
Employment Law
U.S. Legal News
Legal Career News
Headline News
Law & Politics
Attorney Blogs
Lawyer News
Law Firm Press
Law Firm News
Attorneys News
Legal World News
2008 Metrolink Crash
   Lawyer News Video
   Recent Lawyer News Updates
Tight US House races in Cali..
Election 2024 highlights: Re..
North Carolina Attorney Gene..
Republicans take Senate majo..
Au pair charged in double ho..
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Sean ‘Diddy’ Combs to stay..
Supreme Court grapples with ..
Georgia Supreme Court restor..
Court declines Biden’s appe..
Supreme Court will weigh Mex..
Supreme Court leaves in plac..
New rules regarding election..
North Carolina appeals court..
A court in Argentina orders ..
Mexican cartel leader’s son..
Sean ‘Diddy’ Combs jailed ..
   Lawyer & Law Firm Links
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Family Law in East Greenwich, RI
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Divorce lawyer rockville
familylawyersmd.com
© Lawyer News - Law Firm News & Press Releases. All rights reserved.

Attorney News- Find the latest lawyer and law firm news and information. We provide information that surround the activities and careers in the legal industry. We promote legal services, law firms, attorneys as well as news in the legal industry. Review tips and up to date legal news. With up to date legal articles leading the way as a top resource for attorneys and legal practitioners. | Affordable Law Firm Website Design