Court: No class-action status in Google book case
Legal Topics | 2013/07/02 17:37
A federal appeals court says it is too early for authors to be considered as a group in litigation challenging Google Inc.'s plan to create the world's largest digital library.

The 2nd U.S. Circuit Court of Appeals said in a ruling Monday that a judge must consider fair use issues before deciding whether to consider authors as a class. The court says neither side will be harmed by a delay in deciding whether the Authors Guild can represent all writers.

So far, Google has copied more than 20 million books. The three-judge appeals panel that heard arguments earlier this year seemed reluctant to get in the way of the plans. One judge said it would be a "huge advantage" for many authors while another said it would have "enormous societal benefit."


Wash. gay wedding flowers case goes to court
Areas of Focus | 2013/06/28 16:04
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.


High court to review immigration dispute
Legal Topics | 2013/06/25 15:53
The Supreme Court on Monday waded into a complicated dispute over a law aimed at keeping immigrant families together in a case that underscores the occasionally tense relationship between immigration proponents and the Obama administration as Congress debates immigration reform.

The justices said Monday they will hear an appeal from the Obama administration arguing that children who have become adults during their parents' years-long wait to become legal permanent residents of the United States should go to the back of the line in their own wait for visas. Under U.S. immigration law, children 21 and older cannot immigrate under their parents' applications for green cards, even if the parents' application took decades to process.

An immigration spokesman declined to comment on the case Monday. The Obama administration has argued in the past that the thousands of green card applicants who lost their place in line for U.S. residency when they turned 21 do not merit priority status when they file their own visa applications.    

Immigration advocates said it is hypocritical of the Obama administration to tell Congress that the nation's immigration laws are too tough and need to be rewritten, while at the same time insisting on conservative interpretations of those laws when processing family visa applications. President Barack Obama has vowed to help immigrants obtain legal status while also deporting record numbers of immigrants.


The Law Offices of David Stein - DC Assault Lawyer
Court Watch | 2013/06/22 22:02
Assault in Washington, DC can be complicated and if you find yourself facing these charges you will need to contact a DC assault attorney. The threshold requirement for a simple Assault Charge in the District is very low. The statute criminalizes "whoever unlawfully assaults, or threatens in a menacing manner.” An experienced criminal law DC assault lawyer would fully consider and litigate all viable defenses to an assault charge, including but not limited to, self-defense and defense of others -- guide you through the process with minimal exposure. Simple Assault carries a penalty of $1000.00 fine or no more than 180 days in jail or both.

Depending on the severity of the injuries and potential weapons used during commission of offense, the charge may be Aggravated Assault, Assault with Deadly Weapon, or Assault with Intent to Kill.In times of need, you will need a DC assault lawyer who knows how to handle both misdemeanors and felonies. For example, DC assault charge with a significant bodily injury is a step up from Simple Assault and is defined as: whoever assaults, threatens, and intentionally and knowingly or recklessly causes significant bodily injury to other. The Washington DC assault with significant injury offense carries a potential prison sentence of three years and/or a $3,000 fine.

DC aggravated assault is defined as whoever knowingly causes serious bodily injury to another person. Serious bodily injury means an injury that creates substantial risk of death, unconsciousness, extreme physical pain, or protracted and obvious disfigurement. Washington DC aggravated assault charge carries a fine of $10,000 and/or imprisonment for not more than 10 years, or both. A trial by judge or jury can result in a not guilty verdict if reasonable doubt has been established. A criminal law DC lawyer with impeccable litigation skills can often meet the minimum threshold to create reasonable doubt given favorable evidence. Thus it is imperative to engage our skilled, trained and seasoned DC assault lawyers to seek out all exculpatory evidence exonerating you of the charges.

We want to help individuals going through a difficult time keep a positive problem-solving attitude. Contact a Washington, DC assault lawyer today to discuss your case. We are within reach. For a consultation with The Law Offices of David Stein, call
now.


McDonnell Law Office - San Diego Personal Injury
Court Watch | 2013/06/22 20:46
McDonnell Law is a San Diego Personal Injury Attorney who focuses on helping people who are injured, disabled and unable to work, and those with employment issues. We have over 20 years experience in the legal profession also as a social security and employment law attorney in the San Diego region. We advocate tirelessly to help you obtain a favorable result. You pay no legal fees unless you win! Because we are a small firm, we are able to spend more time and energy on your case and give you more personalized attention.

We offer a free consultation. If you meet with us, we can tell you whether or not you have a claim. You may also email us and give us information about your case for a free email consult. It usually takes a small amount of investigation to determine if you have a case or whether you need an attorney in Downtown San Diego.

Personal injury can affect your life drastically. If you are injured, disabled, or suffered damages you need a San Diego Personal injury lawyer who will take control of your case and advocate strongly on your behalf. McDonnell Law will advocate for you and will fight for a winning result! Call or email today for a free consultation.


Court: Ariz. citizenship proof law illegal
Headline Legal News | 2013/06/20 22:26
The Supreme Court ruled Monday that states cannot require would-be voters to prove they are U.S. citizens before using a federal registration system designed to make signing up easier.

The justices voted 7-2 to throw out Arizona's voter-approved requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal "Motor Voter" voter registration law.

Federal law "precludes Arizona from requiring a federal form applicant to submit information beyond that required by the form itself," Justice Antonia Scalia wrote for the court's majority.

The court was considering the legality of Arizona's requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal "motor voter" registration law. The 9th U.S. Circuit Court of Appeals said that the National Voter Registration Act of 1993, which doesn't require such documentation, trumps Arizona's Proposition 200 passed in 2004.

Arizona appealed that decision to the Supreme Court.

The case focuses on Arizona, which has tangled frequently with the federal government over immigration issues involving the Mexican border. But it has broader implications because four other states — Alabama, Georgia, Kansas and Tennessee — have similar requirements, and 12 other states are contemplating such legislation.


Court: Ex-Im Bank needs to explain Air India loan
Areas of Focus | 2013/06/19 18:09
A federal bank that backed a huge airplane loan for Air India will have to explain that the loan didn't hurt U.S. airlines.

A lawsuit by Delta Air Lines Inc. had accused the Export-Import Bank of failing to follow a requirement that it makes sure its loans to foreign companies won't hurt U.S. competitors. The Ex-Im bank guaranteed $3.4 billion in loans in 2011 so that Air India could buy planes from Boeing Co. But Delta competes with Air India on some routes.

The Court of Appeals in Washington did not force the bank to reverse the loan guarantee, as Delta had asked. But the ruling says the bank needs to follow the law and provide more justification for the loan.


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