Florida's strict ban on adoption by gay people is unconstitutional because no other group, even people with criminal backgrounds, are singled out for a flat prohibition by state law, an appeals court ruled Wednesday.

The ruling by the 3rd District Court of Appeal upholds a 2008 decision by a Miami-Dade County judge who found "no rational basis" for the ban when she approved the adoption of two young brothers by Martin Gill and his male partner. The prohibition was first enacted in 1977 and is the only law of its kind in the nation, according to court records.

In a 28-page opinion, a three-judge panel of the court noted that gay people are permitted to become foster parents or legal guardians in Florida, yet are the only group not allowed to adopt.

"It is difficult to see any rational basis in utilizing homosexual persons as foster parents or guardians on a temporary or permanent basis, while imposing a blanket prohibition on those same persons," wrote Judge Gerald Cope for the panel. "All other persons are eligible to be considered case-by-case to be adoptive parents."

The decision is likely to be appealed to the Florida Supreme Court, which could then determine the ultimate fate of the law. "We note that our ruling is unlikely to be the last word," the appeals panel said.

The ruling came in an appeal of the 2008 decision by the state Department of Children & Families, which had urged the judges to consider evidence of what it said were risk factors among potential gay parents. These factors, according to attorneys for the department, included more sexual activity by children of gay parents and more incidents of teasing and bullying suffered by children from gay households.

The American Bar Association’s Death Penalty Representation Project will acknowledge Philadelphia law firms Reed Smith LLP and Drinker Biddle & Reath LLP’s role in ground-breaking, pro bono litigation of capital punishment appeals with an Exceptional Service Award on Wednesday, Sept.22, 2010 in Houston.  

“There is no greater responsibility for an attorney than to defend a person whose life is at risk,” said ABA President Stephen N. Zack. “These firms are courageous, passionate and skilled advocates who are deeply committed to core principles of justice like due process and fairness, despite the demands of these cases.  They represent the best of our profession and make us proud.”  

Drinker Biddle & Reath partner and death penalty expert Lawrence Fox will accept the award at the 24th Anniversary and Volunteer Recognition Event in Houston, TX.  Fox is a renowned contributor to systemic defense reform.  He is recognized for his amicus filings, which were cited by New York University law professor Anthony Amsterdam in his letter nominating the firm for the award; for standards-writing; and as an expert witness.

Reed Smith attorneys Christopher Walters and David Kochman will accept the award on behalf of their firm.  Reed Smith was nominated by the Southern Center for Human Rights and Equal Justice Initiative, which cited the firm’s leadership in four death row cases in Alabama in 2008.  Each of the four men were only weeks away from losing appeal rights due to lack of legal representation; and the death sentence in each case was imposed by a trial judge who overrode the jury’s decision to impose life without parole.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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An Indiana money manager who once led a high-flying lifestyle pleaded guilty to five securities fraud counts on Wednesday, nearly two years after he tried to fake his death in a Florida plane crash to escape the crush of financial and personal problems.

Marcus Schrenker, 39, admitted the charges in a plea agreement under which he agreed to a 10-year prison sentence and prosecutors dropped four other charges. He also agreed to pay more than $600,000 in restitution. Prosecutors say he bilked friends, family members and other investors of more than $1 million.

He will remain in jail until his Oct. 7 sentencing, when Hamilton Superior Court Judge Steven Nation is expected to rule whether Schrenker serves the sentence at the same time as a federal sentence or afterward.

Schrenker, shackled at his wrists and ankles and wearing an orange jail T-shirt emblazoned with "Inmate 453" on its back in large black letters, told Nation he has been diagnosed with bipolar disorder and has taken medication for it since 1992.

A federal appeals court says a group of dairy consumers can proceed with parts of a lawsuit alleging that several national retailers and an organic dairy company falsely labeled the dairy's milk.

Aurora Organic Dairy, based in Boulder, Colo., is the nation's largest provider of store-brand organic milk.

Customers sued Aurora and retailers including Wal-Mart Stores Inc., Wild Oats Markets Inc., Target Corp. and Costco Wholesale Corp., claiming Aurora's milk was misleadingly labeled. The appeals court blocked their claims that Aurora is not an organic dairy because the certification remains in effect.

But ruling requires the trial court to hear claims that the milk isn't produced in the kinds of farms the labels describe.

Investors that have purchased leveraged or inverse ETFs through a brokerage account or managed account offered by Merrill Lynch, a subsidiary of Bank of America (NYSE:BAC), Morgan Stanley Smith Barney (NYSE:MS), Wells Fargo Advisors (NYSE:WFC), Ameriprise Financial (NYSE:AMP), UBS (NYSE:UBS), LPL Financial, Raymond James (NYSE:RJF), Edward Jones, or other brokerage firms and have sustained losses should contact the attorneys at the Securities Arbitration Firm of Menzer & Hill, P.A. to determine if they have a claim for a recovery of losses.

Leveraged and inverse ETFs can be volatile and investors may have realized or unrealized losses in the following ETFs year to date, including but not limited to:

For a free case evaluation or to discuss any other investment losses, please contact the Securities Arbitration Firm of Menzer & Hill, P.A., at 888-923-9223, or visit us on the web at www.suemyadvisor.com.

The doctor charged in Michael Jackson's death is due back in court for a scheduling hearing that will determine when prosecutors will publicly present some of their evidence.

Dr. Conrad Murray is required to attend Monday's hearing, during which a Los Angeles judge is expected to schedule a preliminary hearing for later this year.

The judge will decide at that hearing whether there is enough evidence for the involuntary manslaughter case against the cardiologist to continue. Murray, who maintains offices in Las Vegas and Houston, was charged in February for administering a lethal dose of anesthetic propofol to Jackson.

Murray has pleaded not guilty and his attorneys have said the physician did not give Jackson anything that "should have" killed him.

A paralegal and her husband have been indicted on suspicion of embezzling more than $1 million from the law firm where she worked.

The suspects are Rosanne and Michael Stogner. A grand jury indicted them this month in a series of thefts from Oaxaca, Bernal & Associates between March 2001 and May 2007.

Rosanne Stogner declined Monday to talk about the charges and her attorney, Dolph Quijano, did not return calls.

Rosanne Stogner was employed at the law firm at 1515 Montana as a paralegal and an office manager from 1999 to 2007, according to a complaint affidavit by police. Her responsibilities included preparing case files and paying bills.

But she also allegedly paid herself money to which she was not entitled.

Police alleged in the affidavit that Stogner made out checks to herself, to her husband, to his fence company and even to her daughter's personal trainer.