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NM court to hear case over educator pension cuts
Legal Topics |
2013/09/09 19:15
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New Mexico's highest court is mulling whether the state can cut cost-of-living increases for retired educators to help shore up the pension system's long-term finances.
The state Supreme Court is to hear from lawyers on Wednesday in a case brought by four retirees, who say the state Constitution protects their pensions from reductions like those required under a law enacted earlier this year.
The retirees contend the law gives them a "vested property right" in their retirement benefits and they are legally entitled to the cost-of-living adjustments previously promised, which would have been 2 percent this year without the change in law.
The attorney general's office and the Educational Retirement Board, in written arguments to the court, said the Constitution includes a provision that allows pensions to be modified to preserve the solvency of a retirement plan.
However, the retirees said in their lawsuit that provision only applies to retirement benefits before an employee works long enough to become vested in a pension system.
The Democratic-controlled Legislature and Republican Gov. Susana Martinez agreed on a package of pension changes this year to improve the solvency of the educational retirement program, which has a $6 billion gap between its assets and the benefits expected to be paid out in the future. |
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Custody dispute goes to Okla. Supreme Court
Legal Topics |
2013/09/04 03:29
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An Oklahoma man who is seeking custody of his Cherokee daughter has appealed a lower court decision to the Oklahoma Supreme Court.
Dusten Brown filed a writ of prohibition Friday in Oklahoma Supreme Court. The filing is appealing a decision from Nowata County District Court.
Brown for years has been fighting Matt and Melanie Capobianco of South Carolina over the custody of 3-year-old Veronica.
Veronica's birth mother put her up for adoption. Brown is Veronica's birth father and a member of the Cherokee Nation. He fought the Capobiancos' adoption of Veronica under the Indian Child Welfare Act.
Brown and the Capobiancos were in a Nowata County court Friday, but a gag order meant neither side would comment. |
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Ind. high court to hear eminent domain lawsuit
Legal Topics |
2013/08/29 16:21
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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." |
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Committee OKs school spending report for WA court
Headline Legal News |
2013/08/28 16:21
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A committee overseeing progress on paying the full cost of basic education for kids in public school voted unanimously Tuesday to approve a draft of its latest progress report to the state Supreme Court.
In its decision on a lawsuit brought by a coalition of school districts, parents and education groups _ known as the McCleary case for the family named in the suit _ the high court ruled in January 2012 that the state is not meeting its constitutional obligation concerning education funding. In the ruling, the Supreme Court ordered the Legislature to make yearly progress reports on its efforts. Those reports are then critiqued by the group that brought the lawsuit, and by the Supreme Court.
This year, the Legislature allocated about $1 billion more for basic education for the current two-year budget cycle. Lawmakers estimate they need to find a total of between $3.5 billion to $4.5 billion more over the coming years to fully pay for basic education. |
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Italian court insists Berlusconi devised tax fraud
Areas of Focus |
2013/08/27 16:21
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Italy's supreme court is defending its decision earlier this month to uphold the tax fraud conviction of Silvio Berlusconi, saying the evidence was clear that the former premier devised a tax fraud scheme for the acquisition of film rights for his media empire.
The Court of Cassation released on Thursday a written document explaining its Aug. 1 decision, which upheld a Milan appellate court ruling that Berlusconi was guilty. The Cassation judges also upheld a four-year prison term and a ban on public office, although it ordered another court to establish the length of the ban.
The center-right leader says he's the victim of magistrates he contends sympathize with the left. His lawyers will be scrutinizing the 208-page document to try to bolster their claims that Berlusconi's rights were violated. |
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SC trial lawyer Ron Motley dies at age 68
Legal Business |
2013/08/26 18:35
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Celebrated South Carolina lawyer Ron Motley has died at the age of 68, law partner Joe Rice confirmed Thursday.
No cause of death was given for the trial lawyer, and funeral arrangements have not been announced.
Motley served as lead counsel in lawsuits that ultimately yielded the largest civil settlement in U.S. history in which the tobacco industry agreed to reimburse states for smoking-related health care costs.
As part of the Ness Motley firm, he also sued on behalf of asbestos victims and the families of the Sept. 11 terrorist attack victims.
Motley's practice underwent a transformation in 2003 when he and Rice formed the Motley Rice firm. The Mount Pleasant-based practice is one of the largest plaintiffs' firms in the country. The name change was partly because 13 attorneys and about 40 support staff left to form a new firm, Richardson Patrick Westbrook & Brinkman, in 2002.
The family of deceased South Carolina Supreme Court Chief Justice Julius "Bubba" Ness also sued the firm, saying the Ness portion of the name should be dropped since the practice was no longer connected to the family. Ness' son-in-law, Terry Richardson, was among the lawyers who left to form the new firm.
On Thursday, Richardson remembered Motley _ with whom he practiced for nearly 30 years _ as a tenacious attorney who was a major figure in a time when plaintiffs' law experienced a renaissance. |
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Virginia Military Divorce Attorney - Tenecia P. Reid
Court Watch |
2013/08/21 20:15
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The Law Office of Tenecia P. Reid will support you through your military divorce. These types of divorces are especially complicated and Ms. Reid is ready to guide you through this specialized issue such as determining jurisdiction and dividing disposable military retired pay. Many divorce attorneys have general family law experience, but they do not have an in depth understanding of the laws that specifically affect you, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA).
If you are a servicemember or servicemember’s spouse, you probably recognize the complex nature of military divorce. The Law Office of Tenecia P. Reid is equipped to explain and guide you through these dense, specialized issues, such as determining jurisdiction and dividing disposable military retired pay.
With many years representing military divorce cases, The Law Office of Tenecia P. Reid is the legal help you can depend on. Call today for a consultation so we can discuss your options.
http://www.tpreidlaw.com/practice-areas/military-divorce |
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