Friday, December 20, 2013
Court: LAPD can continue eased auto impound policy
A California appeals court has issued a stay allowing a Los Angeles police policy that makes it easier for unlicensed drivers to keep their cars instead of having them impounded.
In August a lower court struck down the policy known as Special Order 7, saying it conflicted with the state's vehicle code.
But in October the appeals court issued a temporary stay allowing the policy to continue, and Wednesday extended that stay until a city appeal is resolved.
Special Order 7 allows some unlicensed drivers who are stopped to produce registration and proof of insurance to avoid having their cars impounded for 30 days.
The police union sued to nullify the policy, saying it left officers with conflicting orders.
LA'S city attorney and police chief issued statements lauding Wednesday's decision.
Wednesday, November 6, 2013
Federal appeals court halts horse slaughterhouses
A federal appeals court on Monday temporarily halted plans by companies in New Mexico and Missouri to begin slaughtering horses, continuing on-again, off-again efforts to resume domestic equine slaughter two years after Congress lifted a ban on the practice.
The 10th U.S. Circuit Court of Appeals in Denver issued a temporary injunction barring the Department of Agriculture from inspecting the plants, which were gearing up to open in the coming days after a federal judge in Albuquerque on Friday dismissed a lawsuit by The Humane Society of the United States. The Humane Society and other animal protection groups alleged the department failed to conduct proper environmental studies when it issued permits to the slaughterhouses.
The Humane Society filed an immediate appeal and won an emergency injunction.
"Horse slaughter is a predatory, inhumane business, and we are pleased to win another round in the courts to block killing of these animals on American soil for export to Italy and Japan," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "Meanwhile, we are redoubling our efforts in Congress to secure a permanent ban on the slaughter of our horses throughout North America."
Blair Dunn, who represents Valley Meat Co. of Roswell, N.M., and Rains Natural Meats of Gallatin, Mo., emphasized the order was temporary.
Friday, October 4, 2013
Spanish court convicts 53 in corruption trial
A Spanish court convicted 53 people Friday in the country's biggest-ever corruption trial, which lasted two years and centered on widespread real estate fraud and bribery in the southern jet-set resort town of Marbella.
The defendants in the trial, which ended last year, included former town hall officials, lawyers and business representatives. The judge took several months to decide on the sentences — 40 other people were acquitted and two accused died while the case was being prepared.
Under a highly complex scheme in the mid-1990s, city funds were widely misappropriated, and public officials and business representatives divvied up under-the table kickbacks for planning permissions and construction of hotels, residential complexes and urban infrastructure. Much of the money was then laundered with the help of lawyers.
Marbella, located on Spain's southern coast, was a magnet for jet set and society figures from across the world during the 1970s and 1980s.
The man who prosecutors said was the mastermind of the fraud, former Marbella urban planning adviser Juan Antonio Roca, got the biggest sentence — 11 years — for money laundering, bribery and fraud. He also was fined 240 million euros ($326 million).
Roca has been in jail since 2006 when he was first arrested as the case broke. Back then, he was considered one of the richest people in Spain with his assets including ranches, fighting bulls, thoroughbred horses, art, expensive cars and boats.
The scheme began when late Atletico Madrid soccer club owner Jesus Gil y Gil was mayor of Marbella between 1991 and 2002. Roca began working for Marbella town hall under Gil and claimed during the trial that he was just following the mayor's orders.
Tuesday, August 27, 2013
Ind. high court to hear eminent domain lawsuit
The Indiana Supreme Court has agreed to hear an eminent domain case involving land in southern Indiana that a local board claimed for a planned airport runway expansion.
The state's high court recently vacated the Indiana Court of Appeals' ruling in the case involving the action by the now-defunct Clark County Board of Aviation Commissioners. That board used eminent domain in 2009 to acquire property owned by resident Margaret Dreyer for a runway expansion at the Clark County Regional Airport.
Dreyer sued the board, alleging its appraisals of the property acquired through eminent domain were wrong. She won and was awarded a judgment of $865,000.
The News and Tribune reported Clark County became party to the case last year when Dreyer's motion was granted to have the "civil government of Clark County" pay the judgment. The Court of Appeals later upheld the verdict.
South Central Regional Airport Authority Attorney Greg Fifer said last week in an email that the Indiana Supreme Court could either reach the same verdict as the appellate court, or affirm the county's position that the judgment was void.
Authority President Tom Galligan said the panel, which replaced the now-defunct Board of Aviation Commissioners, is pleased with the court's decision to hear the case. He said the airport authority thought the original ruling "was not a very good ruling."
The state's high court recently vacated the Indiana Court of Appeals' ruling in the case involving the action by the now-defunct Clark County Board of Aviation Commissioners. That board used eminent domain in 2009 to acquire property owned by resident Margaret Dreyer for a runway expansion at the Clark County Regional Airport.
Dreyer sued the board, alleging its appraisals of the property acquired through eminent domain were wrong. She won and was awarded a judgment of $865,000.
The News and Tribune reported Clark County became party to the case last year when Dreyer's motion was granted to have the "civil government of Clark County" pay the judgment. The Court of Appeals later upheld the verdict.
South Central Regional Airport Authority Attorney Greg Fifer said last week in an email that the Indiana Supreme Court could either reach the same verdict as the appellate court, or affirm the county's position that the judgment was void.
Authority President Tom Galligan said the panel, which replaced the now-defunct Board of Aviation Commissioners, is pleased with the court's decision to hear the case. He said the airport authority thought the original ruling "was not a very good ruling."
Monday, July 29, 2013
Ohio kidnap suspect in court, plea talks ongoing
Prosecutors and lawyers for a Cleveland man accused of holding three women captive in his home for more than a decade signaled Wednesday that they are talking about a possible plea deal.
With a trial less than two weeks away, there was no mention of whether the prosecutor will seek the death penalty. Attorneys for Ariel Castro, 53, say a deal is dependent on taking it off the table.
"My understanding is that the parties have discussed possible pleas and that you're working to see if that would be an effective resolution, is that correct?" Judge Michael Russo asked.
Both sides responded "yes" without elaboration and left the courtroom without commenting. Last month, the judge had mentioned the possibility of a plea deal raised by the defense.
Castro mostly kept his head down during the brief hearing and quietly answered "yes" to routine questions from the judge.
The hearing focused on the trial date, Aug. 5, and whether the prosecution had provided its evidence to the defense in a timely fashion, as required.
With a trial less than two weeks away, there was no mention of whether the prosecutor will seek the death penalty. Attorneys for Ariel Castro, 53, say a deal is dependent on taking it off the table.
"My understanding is that the parties have discussed possible pleas and that you're working to see if that would be an effective resolution, is that correct?" Judge Michael Russo asked.
Both sides responded "yes" without elaboration and left the courtroom without commenting. Last month, the judge had mentioned the possibility of a plea deal raised by the defense.
Castro mostly kept his head down during the brief hearing and quietly answered "yes" to routine questions from the judge.
The hearing focused on the trial date, Aug. 5, and whether the prosecution had provided its evidence to the defense in a timely fashion, as required.
Tuesday, June 25, 2013
McKennon Law Group - Disability Insurance
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Thursday, May 23, 2013
Judge OKs class-action settlement over Skechers
A federal judge approved a $40 million class-action settlement Monday between Skechers USA Inc. and consumers who bought toning shoes after ads made unfounded claims that the footwear would help people lose weight and strengthen muscles.
U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.
Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.
Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.
Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.
U.S. District Judge Thomas B. Russell in Louisville approved the deal, which covers more than 520,000 claims. About 1,000 people eligible for coverage by the settlement opted not to take part.
Those with approved claims will be able to get a maximum repayment for their purchase _ up to $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair of Tone-Ups.
Russell also awarded $5 million for the attorneys in the case to split. Russell ordered that the money cannot come from the $40 million settlement fund set aside for consumers.
Two people that served as the lead plaintiffs in the case will receive payments of $2,500 each.
Russell considered multiple factors in deciding to approve the settlement and found it provides just compensation to the plaintiffs.
Thursday, April 18, 2013
Appeals court hears challenge to gay therapy ban
California's novel law seeking to ban licensed counselors from trying to turn gay teens straight is boiling down to a question over whether the therapy is free speech or a medical treatment that can be regulated by government.
It's the "pivot point" of the legal debate, Judge Morgan Christen of the 9th U.S. Circuit Court of Appeals said Wednesday.
Morgan and two other judges on the nation's largest federal appellate court considered 90 minutes of legal arguments over the ban on "sexual-orientation change" counseling of minors, which other states are considering.
The three-judge panel is considering two challenges to the law approved in California last fall. It took no action Wednesday and will issue a written ruling later.
The law was to go into effect Jan. 1, but the court put it on hold pending its decision.
Chief Judge Alex Kozinski noted the U.S. Supreme Court struck down a California ban of violent video games because the state failed to show a compelling reason to infringe on game-makers free speech rights to manufacture the products.
He said it appeared the same argument could be applied to the evidence lawmakers relied on in passing the prohibition on sexual-orientation change therapy.
Monday, April 8, 2013
Court to mull Arizona's immigrant harboring ban
An appeals court is scheduled to hear arguments Tuesday in Arizona Gov. Jan Brewer's bid to let police enforce a minor section of the state's 2010 immigration law that prohibits the harboring of illegal immigrants.
The harboring ban was in effect from late July 2010 until U.S. District Judge Susan Bolton ruled in September that it was trumped by federal law and barred police from enforcing it. Brewer has asked the 9th Circuit Court of Appeals to overturn Bolton's ruling.
Brewer's lawyers argue the ban doesn't conflict with federal policies, is aimed at confronting crime and that the law's opponents haven't shown they have legal standing to challenge the prohibition. The governor's attorneys also say there's no evidence that the ban has been enforced against any people or organizations represented by a coalition of civil rights groups that have challenged the law in court.
The coalition has asked the appeals court to uphold Bolton's ruling, saying the state law is trumped by a federal harboring law that leaves no room for state regulation. The coalition also argues that Bolton has repeatedly confirmed that it has standing to challenge the harboring ban.
Another federal appeals court has barred authorities from enforcing similar harboring bans in Alabama and Georgia.
The harboring ban was in effect from late July 2010 until U.S. District Judge Susan Bolton ruled in September that it was trumped by federal law and barred police from enforcing it. Brewer has asked the 9th Circuit Court of Appeals to overturn Bolton's ruling.
Brewer's lawyers argue the ban doesn't conflict with federal policies, is aimed at confronting crime and that the law's opponents haven't shown they have legal standing to challenge the prohibition. The governor's attorneys also say there's no evidence that the ban has been enforced against any people or organizations represented by a coalition of civil rights groups that have challenged the law in court.
The coalition has asked the appeals court to uphold Bolton's ruling, saying the state law is trumped by a federal harboring law that leaves no room for state regulation. The coalition also argues that Bolton has repeatedly confirmed that it has standing to challenge the harboring ban.
Another federal appeals court has barred authorities from enforcing similar harboring bans in Alabama and Georgia.
Tuesday, February 5, 2013
The Reinartz Law Firm, LLC - Automobile Accidents
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Our experience in automobile accident litigation is extensive. The Reinartz Law Firm is adept at assessing the physical principles of automobile accidents, the medical evidence used to evaluate injuries, and the economic and accounting principles required to evaluate losses. We provide the strongest possible representation in automobile accident litigation.
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Thursday, January 3, 2013
Colo. theater shooting lawyers head back to court
Prosecutors and defense lawyers in the Colorado theater shooting will head back to court Wednesday in advance of a crucial hearing in the case.
State District Judge William B. Sylvester has told both sides to appear before him to make sure everything is ready for next week's preliminary hearing, when prosecutors will outline their case against the defendant, James Holmes.
At the conclusion of the preliminary hearing, Sylvester will decide if the evidence is sufficient to put Holmes on trial.
Holmes is charged with killing 12 people and wounding 70 on July 20 in a movie theater in the Denver suburb of Aurora. Prosecutors say he opened fire during a midnight showing of the Batman movie "The Dark Night Rises."
Holmes faces multiple counts of first-degree murder and attempted murder and hasn't yet entered a plea. His lawyers have said he suffers from mental illness.
The preliminary hearing, which starts Monday, will give the public its first officially sanctioned look at much of the evidence against Holmes.
Sylvester imposed a gag order shortly after Holmes' arrest barring attorneys and investigators from speaking publicly about the case, and many documents have been sealed.
The University of Colorado, where Holmes was a graduate student, has also been tight-lipped about the case.
State District Judge William B. Sylvester has told both sides to appear before him to make sure everything is ready for next week's preliminary hearing, when prosecutors will outline their case against the defendant, James Holmes.
At the conclusion of the preliminary hearing, Sylvester will decide if the evidence is sufficient to put Holmes on trial.
Holmes is charged with killing 12 people and wounding 70 on July 20 in a movie theater in the Denver suburb of Aurora. Prosecutors say he opened fire during a midnight showing of the Batman movie "The Dark Night Rises."
Holmes faces multiple counts of first-degree murder and attempted murder and hasn't yet entered a plea. His lawyers have said he suffers from mental illness.
The preliminary hearing, which starts Monday, will give the public its first officially sanctioned look at much of the evidence against Holmes.
Sylvester imposed a gag order shortly after Holmes' arrest barring attorneys and investigators from speaking publicly about the case, and many documents have been sealed.
The University of Colorado, where Holmes was a graduate student, has also been tight-lipped about the case.
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