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Utah high court to hear posthumous benefits case
Legal Blog News |
2012/02/07 10:09
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Utah's Supreme Court is deciding whether a sperm donor contract is proof that a man wanted to be a father, even after his death.
The question stems from a dispute between Gayle Burns and the Social Security Administration, which denied survivor benefits to the son Burns conceived after her husband died from cancer.
Oral arguments are set Tuesday in Salt Lake City.
Michael Burns had contracted with medical providers to preserve his sperm before he died of cancer in 2001. Gayle Burns became pregnant in 2003.
Social Security denied a 2005 benefits petition, saying federal law doesn't allow for payments to posthumously-conceived children.
Gayle Burns challenged the ruling in Utah's federal court.
A federal judge asked Utah's Supreme Court to address the issue first. |
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Norway mass killer demands medal at court hearing
Legal Blog News |
2012/02/06 10:03
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The right-wing extremist who has admitted killing 77 people in the worst peacetime massacre that Norway has ever seen told a court Monday that he deserves a medal of honor for the bloodshed and demanded to be set free.
Anders Behring Breivik smirked as he was led in to the Oslo district court, handcuffed and dressed in a dark suit, for his last scheduled detention hearing before the trial starts in April. He stretched out his arms in what his lawyer Geir Lippestad said was some kind of right-wing extremist greeting.
Reading from prepared remarks, the 32-year-old Norwegian told the court that the July 22 massacre — carried out with a bomb, a rifle and a handgun — was a strike against traitors he said are embracing immigration to promote an Islamic colonization of Norway.
Like in previous hearings, Breivik admitted to setting off the bomb outside the government headquarters in Oslo and opening fire at a Labor Party youth camp on Utoya island, outside the capital, but denied criminal responsibility and rejected the authority of the court.
About 100 survivors and relatives of victims watched in disbelief, as Breivik asked to be released, and told the judge he should receive a military honor for Norway's most deadly peacetime attacks. |
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Judges skeptical of Texas in redistricting case
Legal Blog News |
2012/02/01 09:38
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Three federal judges weighing the legality of Texas' new political maps reacted with skepticism Tuesday when the state's lawyer suggested the intent of the redrawn boundaries was to maximize the influence of Republicans, not to minimize the influence of minorities.
The U.S. Justice Department and a coalition of minority groups contend the legislative and congressional maps the Texas Legislature drew last year recut districts in a way meant to dilute the state's burgeoning minority voting population. They say the maps violate a section of the Voting Rights Act that requires states with a history of racially discriminatory voting practices to get so-called pre-clearance from the Justice Department before making electoral changes.
Texas is gaining four congressional seats this year due to population readjustments made in the 2010 census. That has increased the redistricting stakes, with Hispanics and Democrats often clashing with the GOP-controlled Legislature about how the lines should be drawn.
John Hughes, a lawyer for Texas, which is seeking to keep the maps in place, said during closing arguments before a Washington federal court panel that the maps were the result of partisan gerrymandering that didn't violate federal law. He argued that a decision based on partisanship is not based on race, even if it results in minority voters having less political influence. |
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Law Firm Brower Piven Announces Investigation
Legal Blog News |
2012/01/30 13:17
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The law firm of Brower Piven, A Professional Corporation, has commenced an investigation into possible breaches of fiduciary duty to current shareholders of The Pep Boys -- Manny, Moe amp; and other violations of state law by the board of directors of Pep Boys relating to the proposed acquisition of the company by The Gores Group. The firm’s investigation seeks to determine, among other things, whether the board breached its fiduciary duties by failing to maximize shareholder value.
On January 30, 2012, Pep Boys announced that it had entered into a definitive merger agreement providing for Gores Group to acquire Pep Boys for $1 billion. Under the terms of the merger agreement, Pep Boys shareholders will receive $15.00 for each share of Pep Boys common stock held. However, according to Yahoo! Finance, at least one analyst has set a high price target of $17.00 per share.
If you currently own shares of Pep Boys and would like to learn more about the investigation being conducted by Brower Piven, you may email or call Brower Piven, who will, without obligation or cost to you, attempt to answer your questions. You may contact Brower Piven by email at hoffman@browerpiven.com, by calling (410) 415-6616, or at Brower Piven, A Professional Corporation, 1925 Old Valley Road, Stevenson, Maryland 21153. Attorneys at Brower Piven have combined experience litigating securities and other class action cases of over 60 years. |
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US high court: warrant needed for GPS tracking
Legal Blog News |
2012/01/23 10:53
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The U.S. Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.
The ruling represents a serious complication for law enforcement nationwide, which increasingly relies on high tech surveillance of suspects, including the use of various types of satellite technology.
A GPS device installed by police on Washington nightclub owner Antoine Jones' Jeep helped them link him to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.
Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor the vehicle's movements, constitutes a search, meaning that a warrant is required. |
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