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Adoption case returns to SC from US Supreme Court
Legal Blog News |
2013/07/09 00:25
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The U.S. Supreme Court is pushing South Carolina courts to quickly take up a custody case that will decide whether a Native American girl's life will be with her biological father in Oklahoma or the South Carolina couple who adopted her.
A divided U.S. Supreme Court ruled Tuesday that federal law doesn't require that the girl named Veronica stay with her biological father, but also doesn't give her adoptive parents immediate custody of the now 3-year-old child.
The high court issued an order Friday speeding up the case being sent back to South Carolina's Supreme Court.
Melanie and Matt Capobianco of James Island had lost in South Carolina courts before the nation's highest court ruled the Indian Child Welfare Act didn't apply because the biological father never had custody of the child and abandoned her before birth.
Dusten Brown, a member of the Cherokee Nation, invoked the federal law to stop the adoption arranged by the girl's non-Indian mother when she was pregnant. The Capobiancos were was present at Veronica's birth in Oklahoma. Brown had never met his daughter and, after the mother rebuffed his marriage proposal, played no role during the pregnancy and paid no child support after Veronica was born.
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NJ court overturns award for view lost to dune
Law & Court News |
2013/07/08 00:25
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New Jersey's highest court on Monday overturned a $375,000 jury award given to an elderly couple who complained that a protective sand dune behind their house blocked their ocean views.
In a ruling seen as a wider victory for towns that want to build barriers to protect themselves from catastrophic storms, the state Supreme Court faulted a lower court for not allowing jurors to consider the dune's benefits in calculating its effect on property value. The high court ruled that those protective benefits should have been considered along with the loss of the ocean views.
The sand dune in question saved the elderly couple's home from destruction in Superstorm Sandy in October.
The 5-year-old case is being closely watched at the Jersey shore, which was battered by Sandy. Officials want to build protective dune systems along the state's entire 127-mile coastline, but towns fear they won't be able to if many homeowners hold out for large payouts as compensation for lost views.
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Court in NYC upholds insider trading conviction
Top Court Watch |
2013/07/02 10:36
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A stock trader nicknamed "the Octopussy" because he had access to so many sources of inside information was properly convicted and sentenced to 10 years in prison, a federal appeals court concluded Monday.
The 2nd U.S. Circuit Court of Appeals upheld the conviction of Zvi Goffer and two others in a case the government had once touted as the biggest insider trading prosecution in history.
In all, more than two dozen defendants were convicted, including a one-time billionaire whose hedge funds had commanded as much as $7 billion.
The Israeli-born Goffer was convicted with two others in 2011 in a conspiracy to pay bribes to two lawyers at a Manhattan law firm. The government said Goffer and others earned more than $10 million illegally.
Goffer, whose nickname is a reference to a James Bond film, was sentenced to 10 years in prison after prosecutors said he arranged to pay two attorneys nearly $100,000 in 2007 and 2008 for inside tips on mergers and acquisitions. Prosecutors said Goffer's network used prepaid cellphones to avoid detection and destroyed them after each successful tip.
His lawyers challenged his conviction and sentence on several grounds, including that wiretap evidence should have been suppressed, that jury instructions were erroneous and that Goffer was punished for refusing to plead guilty.
A three-judge panel of the Manhattan appeals court noted the novelty of using wiretaps in a securities fraud case as it rejected defense arguments that the law permitting wiretaps does not list securities fraud as an offense for which it can be used. |
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Wash. gay wedding flowers case goes to court
Legal Blog News |
2013/06/28 09:04
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The dispute over a Washington state florist who declined to provide flowers for a same-sex wedding goes to court Friday.
Oral arguments are scheduled in Benton County Superior Court.
The Washington state attorney general's office sued the owner of Arlene's Flowers, Baronelle Stutzman, saying she violated consumer protection law by refusing service in March to customers Robert Ingersoll and Curt Freed.
Stutzman says she has no problem with homosexual customers but won't support gay weddings because of her religious beliefs.
In addition to the state, the ACLU sued Stutzman on behalf of the Kennewick, Wash. couple. A religious freedom group, Alliance Defending Freedom, countersued the state on behalf of Stutzman.
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San Diego, California - Personal Injury Truck Accidents Attorney
Topics in Legal News |
2013/06/25 12:23
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| With the gas prices rising and for health and fitness reasons, more individuals have looked into biking or walking to save money in their means of transportation. With the increased amount of cyclists and pedestrians, we also see an increased amount of bicycle and pedestrian accidents. Most bicyclist and pedestrian accidents involve distracted or reckless drivers. As drivers, we often don't go out of our way to look out for bicyclists or pedestrians unless we are at a big intersection. Therefore, most of the time the visibility of cyclists and pedestrians is limited and for that, accidents happen if drivers are not careful. An accident involving an automobile versus a bicyclist or pedestrian can turn out to be fatal. Due to the massive weight of a vehicle, and depending on speed, a pedestrian can suffer from permanent disfiguration from this type of an accident. This could leave you with a lifetime of hospital visits and medical bills to pay off. In the worst case scenario, death is the end result. If you find yourself in this situation, it is important to contact a San Diego Bicycle Accident Lawyer as soon as possible. |
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