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Supreme Court's Kagan says Scalia death forced compromises
Law Firm News | 2017/09/09 01:13
U.S. Supreme Court Justice Antonin Scalia's death forced the rest of the court to learn how to work together to avoid ties, Justice Elena Kagan said during a stop Friday at the University of Wisconsin-Madison.

Kagan spoke for about an hour with UW Law School Dean Margaret Raymond as scores of law students, attorneys and judges listened. Raymond asked Kagan what role the high court can play in mending a politically polarized country and improving civil discourse.

Kagan acknowledged that many people see the court as mirroring the nation's political differences and the court ultimately must decide cases, not provide an example for how other governmental institutions should function. But she said Scalia's death in 2016 forced the remaining eight justices to work together more closely.

Justice Neil Gorsuch replaced Scalia earlier this year, but before he joined the court the justices worked hard to avoid 4-4 ties out of fear they'd been seen as incapable of doing their jobs, Kagan said.

"None of us wanted that to happen," she said. "It forced us to keep talking to each other. ... I'm actually hopeful that the effects of it will continue. All of us will remember not to stop the conversation too soon and all of us will remember the value of trying to find a place where we can agree or more of us can agree."

She didn't offer any specific examples of compromises on any cases. Raymond didn't ask Kagan about any cases pending before the court and Kagan didn't offer any comments about any specific issues.

She did joke that she was glad she wasn't the court's junior justice anymore now that Gorsuch is on board. She said the junior justice has to open the door during the justices' conference and deliver any coffee or files other justices have requested from their clerks. Earlier this year she had injured her foot and was in a walking boot but her colleagues still made her get up and open the door.



NJ Supreme Court Reverses Decades-Old Divorce Law
Law Firm News | 2017/08/08 23:44
The New Jersey Supreme Court has reversed a decades-old law in a landmark decision that makes the child the focus of divorce relocation proceedings.

The law centers on divorced parents who want to leave New Jersey with the child against the other parent's wishes.

NJ.com reports the previous law focused on whether the move would "cause harm" to the child. After Tuesday's ruling, divorced parents now must prove the move is in the child's best interest.

The decision centers on a 2015 case where a father tried to keep his daughters from moving to Utah with his ex-wife. The attorney for the father says the ruling will make a large impact in future proceedings.

The attorney for the children's mother has not responded to requests for comment.



Supreme Court limits ability to strip citizenship
Law Firm News | 2017/06/24 03:20
The Supreme Court on Thursday limited the government's ability to strip U.S. citizenship from immigrants for lying during the naturalization process.

The justices ruled unanimously in favor of an ethnic Serb from Bosnia who lied about her husband's military service.

Justice Elena Kagan wrote for the court that false statements can lead to the revocation of citizenship only if they "played some role in her naturalization."

The court rejected the position taken by the Trump administration that even minor lies can lead to loss of citizenship.

The woman, Divna Maslenjak, and her family were granted refugee status in 1999 and settled near Akron, Ohio, in 2000. She became a citizen in 2007.

She initially told immigration officials her husband had not served in the Bosnian Serb military. That was a lie, she later conceded, and lower courts upheld a criminal conviction against her. The conviction automatically revoked her citizenship, and she and her husband were deported in October.



Court filing: Marsh seeks OK to sell 26 grocery stores
Law Firm News | 2017/06/14 13:42
A bankruptcy court document says two Ohio-based grocery chains have agreed to buy 26 of Marsh Supermarkets' 44 remaining stores for a total of $24 million.

The court filing posted Tuesday says Fishers-based Marsh is seeking court approval to sell 11 stores to Kroger Co. subsidiary Topvalco Inc. for $16 million and 15 stores to Findlay, Ohio-based Fresh Encounter parent Generative Growth LLC for about $8 million.

Topvalco agreed to buy three stores in Bloomington; two each in Indianapolis, Muncie and Zionsville, and single stores in Fishers and Greenwood.

Generative Growth agreed to buy two Indianapolis stores; other Indiana stores in Columbus, Elwood, Greensburg, Hartford City, Marion, New Palestine, Pendleton, Richmond and Tipton; and Ohio stores in Eaton, Middletown, Troy, and Van Wert.



Top court reviews free speech case of man's anti-police rap
Law Firm News | 2017/01/26 06:50
Pennsylvania's highest court is reviewing the conviction of a Pittsburgh man for making threats against police in a rap song after he was charged with drug offenses.

The Supreme Court on Monday said it would take up an appeal by Jamal Knox, who argues his song, which was briefly posted online, is protected by the right to free speech. Knox wants the court to set aside his convictions for witness intimidation and making terroristic threats.

"Just because a police officer arrests you, doesn't mean you are stripped of any free speech ability to say, 'Wait a minute, that officer did me wrong, and here's why I think so,'" Knox's lawyer Patrick K. Nightingale said Tuesday.

The Allegheny County district attorney's office, which declined comment for this story, told Superior Court last year the song "was not mere political hyperbole but, rather, the sort of 'true threat' that is not protected by the First Amendment."

The case began with an April 2012 traffic stop in the city's East Liberty section, when Knox, now 22, drove away after telling an officer he did not have a valid driver's license. Following a chase in which he hit a parked car and a fence, police found 15 bags of heroin and $1,500 on Knox and a stolen, loaded gun in the vehicle.

Seven months later, an officer came across the video online, performed by Knox under the name "Mayhem Mal" of the "Ghetto Superstar Committee" with co-defendant Rashee Beasley — and accompanied by photos of them both. Knox and Beasley posted another video in which they said they wrote the song.



Former Assistant Wayne County Prosecutor
Law Firm News | 2014/12/05 23:44
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