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Justices pepper health care law opponents with questions
Attorney News |
2015/03/05 21:40
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Supreme Court justices peppered opponents of President Barack Obama's health care law with skeptical questions during oral arguments Wednesday on the latest challenge to the sweeping legislation.
Justice Anthony Kennedy, whose vote is seen as pivotal, suggested that the plaintiffs' argument raises a "serious" constitutional problem affecting the relationship between states and the federal government.
The plaintiffs argue that only residents of states that set up their own insurance markets can get federal subsidies to help pay their premiums.
Millions of people could be affected by the court's decision. The justices are trying to determine whether the law makes people in all 50 states eligible for federal tax subsidies to cut the cost of insurance premiums. Or, does it limit tax credits only to people who live in states that created their own health insurance marketplaces?
During oral arguments, the courts' liberal justices also expressed doubts. In an earlier case involving the law, however, Kennedy was on the opposite side, voting to strike down a key requirement.
A ruling that limits where subsidies are available would have dramatic consequences because roughly three dozen states opted against their own marketplace, or exchange, and instead rely on the U.S. Health and Human Services Department's healthcare.gov. Independent studies estimate that 8 million people could lose insurance coverage. |
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Bankrupt Caesars unit gets court's OK to use cash, for now
Attorney News |
2015/03/05 21:39
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A federal judge in Chicago ruled Wednesday that a bankrupt division of Caesars Entertainment Corp. can tap some of the $847 million in cash it has on hand for at least five weeks.
Judge Benjamin Goldgar said Caesars Entertainment Operating Co. could access its cash in the interim despite objections from some of the company's creditors.
A budget the company submitted to the court indicated it plans to spend $334 million through April 3. The documents showed revenue is expected to offset spending and leave the company with $834 million in cash at the end of five weeks.
Goldgar scheduled a hearing to reconsider the motion on March 26.
Several other motions, including requests for an examiner to investigate the company's pre-bankruptcy transactions, were delayed until March 25.
The company was also seeking to get out from under several contracts that would save it $675,000 a month.
Among the contracts is a suite for Kansas City Chiefs football games, a sponsorship with the New York Mets, an advertising agreement with The Forum in Los Angeles, and deals with a tour bus operator to support its Horseshoe Bossier City casino in Louisiana and a nearby Springhill Suites hotel operator where the company regularly reserved a block of rooms.
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Court nixes faith-based birth control mandate challenge
Attorney News |
2015/02/16 19:40
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An appeals court has ruled that the birth control coverage required by federal health care reforms does not violate the rights of several religious groups because they can seek reasonable accommodations.
Two western Pennsylvania Catholic dioceses and a private Christian college had challenged the birth control coverage mandates and won lower-court decisions. However, the U.S. 3rd Circuit Court ruling Wednesday said the reforms place "no substantial burden" on the religious groups and therefore don't violate their First Amendment rights.
All three groups — the college and the Pittsburgh and Erie dioceses — are mulling whether to appeal to the entire 3rd Circuit Court of Appeals or the U.S. Supreme Court.
"Such a ruling should cause deep concern for anyone who cares about any First Amendment rights, especially the right to teach and practice a religious faith," Pittsburgh Bishop David Zubik said in a statement. "This decision says that the church is no longer free to practice what we preach."
At issue is an "accommodation" written into the Affordable Care Act that says religious organizations can opt out of directly providing and paying to cover medical services such groups would consider morally objectionable. In this case, that refers to all contraceptive and abortion services for the Catholic plaintiffs, and contraceptive services like the "week-after" pill and other medical coverage that Geneva College contends violate its anti-abortion teachings. The school in Beaver Falls is affiliated with the Reformed Presbyterian Church.
Justice Department lawyers have argued the accommodation solves the problem because it allows religious groups to opt out of directly providing such coverage. But the plaintiffs contend that merely filing the one-page form, which puts a religious group's objections on record with the government, violates their rights because it still "facilitates" or "triggers" a process that then enables third-party insurers to provide the kind of coverage to which they object. |
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Court won't hear free speech challenge to metals dealers law
Attorney News |
2015/01/12 23:40
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The Supreme Court won't consider the constitutionality of an Ohio law that bars precious metals dealers from advertising without a license.
The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.
Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.
A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.
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Argentine court says US fugitive can be extradited
Attorney News |
2015/01/05 22:48
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Argentina's Supreme Court has ruled that an American who took refuge and started a new life in the South American country can be extradited to face charges that he killed his wife over a decade ago, a court spokeswoman confirmed Saturday.
Kurt Sonnenfeld moved to Argentina in 2003 and sought asylum after prosecutors in Denver charged him with first-degree murder. The decision to extradite him brings to an end a longstanding dispute between the U.S. Justice Department and Argentine courts that centered in part on differences over the death penalty.
In the ruling, which was made Dec. 11, the justices said U.S. prosecutors had assured Argentina that "the death penalty will not be imposed, or if it were ruled, it will not be exercised in this case." The ruling said the executive branch will have final say on an extradition and doesn't specify when it may take place.
Maria Bourdin, a spokeswoman for Argentina's Supreme Court, confirmed the ruling but declined to comment beyond what was in it. Calls to the U.S. Embassy in Buenos Aires on Saturday seeking comment were not immediately returned. |
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Michigan Defense Lawyer
Attorney News |
2014/12/11 19:01
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The attorneys at the Davis Law Group, PLLC are former prosecutors who have dealt with a wide variety of cases, from minor traffic stops to homicide. As a criminal defense firm, we work in the Metro Detroit area, including Oakland, Wayne, and Macomb County.
We are entirely dedicated to achieving the best scenario for your case. With extensive trial experience in the Metro Detroit courtrooms, we are familiar with their practices. This gives our clients a huge boost in fighting their charges, altering their ultimate legal fate.
Our attorneys are solely concentrated on defending the constitutional rights of our clients no matter where they are. If you or someone you love has been charged with a crime, you understand what is at stake. We are the experienced firm that can create favorable results.
Call us any time for no-cost consultation, as we always have at least one attorney on call. We are here 24/7 to assist you, even to attend a consultation in jail. All major credit cards are accepted. |
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Palm Beach Construction Law
Attorney News |
2014/11/07 20:50
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Our Principal, Mr. Heitman, has extensive experience with both the law and construction. He is both a Florida Licensed Professional Engineer, as well as a Certified Construction Attorney. This puts him in the unique position to lead on both the jobsite, courtroom, and boardroom.
Much like you on your jobsite, we do everything to legal code and correct the first time. We will be straightforward with you about your case and inform you on all your options. We will not cut corners, paying careful attention to every aspect of your case, from the contracts to the construction disputes. Also like you, we think that no project is too big or too small to be given our utmost attention. We want to make you, your project, and your company is given thorough legal representation.
Heitman Law Firm serves it's clients by first comprehending the specific issues our clients face and then tailoring our representation to those specific needs. Construction law cases often involve legal,technical, engineering, design, constructability and scheduling issues. We speak the language of construction. We understand your business. We know how to read a set of plans. Our client service is based on the idea that the client should not be required to pay to bring us up to speed on the construction issues. Instead, we make it our business to be ahead of the learning curve.
Heitman Law Firm has the technical knowledge to understand the issues you face and the legal acumen to address these issues. With construction law, the cases are often multi-faceted and multidisciplinary. We are well versed in construction, business, and law, resulting in attorneys that are up to speed. You need to spend your time teaching us about construction, because we are already familiar. Instead of getting caught up in jargon, we are able to keep up to speed with both your construction issues and the current laws. This keeps us ahead of the curve and far ahead other attorneys in Palm Beach. |
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