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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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Court: Right-to-work law applies to state workers
Areas of Focus |
2013/08/19 22:02
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Michigan's right-to-work law applies to 35,000 state employees, a divided state appeals court ruled Thursday in the first major legal decision on the much-debated measure eight months after it passed.
Judges voted 2-1 to reject a lawsuit filed by unionized workers who make up more than two-thirds of all state employees. In a state with a heavier presence of organized labor than most, thousands of protesters came to the Capitol late last year as the Republican-backed measure won quick approval in a lame-duck session.
The law prohibits forcing public and private workers in Michigan to pay union dues or fees as a condition of employment, and applies to labor contracts extended or renewed after late March. It went to court after questions were raised whether it can affect state employees, since the Michigan Civil Service Commission, which sets compensation for state employees, has separate powers under the state constitution.
The court's majority said legislators have broad authority to pass laws dealing with conditions of "all" employment while the panel has narrow power to regulate conditions of civil service employment.
"In light of the First Amendment rights at stake, the Michigan Legislature has made the policy decision to settle the matter by giving all employees the right to choose," Judges Henry Saad and Pat Donofrio wrote, adding that legislators decided to "remove politics from public employment and to end all inquiry or debate about how public sector union fees are spent."
Dissenting Judge Elizabeth Gleicher said the court's decision strips the civil service panel of its "regulatory supremacy" clearly laid out in the constitution, which allows the four-member commission to regulate "all conditions of employment" for civil service workers. |
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Court challenge fails to stop Calif. gay marriages
Areas of Focus |
2013/08/15 16:08
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The California Supreme Court refused Wednesday to halt gay marriages in the state, leaving opponents of same-sex weddings few if any legal options to stop the unions.
The brief, unanimous ruling tossed out a legal challenge by ban supporters without addressing their legal arguments in support of Proposition 8, a ballot measure passed by voter in 2008 that banned gay marriage.
Austin R. Nimocks, an attorney for Alliance Defending Freedom, a group that wants to end gay marriage, said the ruling does not end the debate in California. He called on lawmakers to ban gay marriage but declined to say whether a legal challenge will be filed.
"Though the current California officials are unwilling to enforce the state constitution, we remain hopeful that one day Californians will elect officials who will," he said.
Supporters of gay marriage were girding for a continued fight.
"By now, I suppose we know better than to predict that Prop 8 proponents will actually give up their fight," San Francisco City Attorney Dennis Herrera said. "But it's certainly fair to say that their remaining legal options are increasingly absurd."
The state high court ruling came about two months after the U.S. Supreme Court refused to consider the issue, leaving in place a lower-court ruling that struck down the ballot measure as unconstitutional. |
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