Friday, December 20, 2013
Court: LAPD can continue eased auto impound policy
A California appeals court has issued a stay allowing a Los Angeles police policy that makes it easier for unlicensed drivers to keep their cars instead of having them impounded.
In August a lower court struck down the policy known as Special Order 7, saying it conflicted with the state's vehicle code.
But in October the appeals court issued a temporary stay allowing the policy to continue, and Wednesday extended that stay until a city appeal is resolved.
Special Order 7 allows some unlicensed drivers who are stopped to produce registration and proof of insurance to avoid having their cars impounded for 30 days.
The police union sued to nullify the policy, saying it left officers with conflicting orders.
LA'S city attorney and police chief issued statements lauding Wednesday's decision.
Wednesday, November 6, 2013
Federal appeals court halts horse slaughterhouses
A federal appeals court on Monday temporarily halted plans by companies in New Mexico and Missouri to begin slaughtering horses, continuing on-again, off-again efforts to resume domestic equine slaughter two years after Congress lifted a ban on the practice.
The 10th U.S. Circuit Court of Appeals in Denver issued a temporary injunction barring the Department of Agriculture from inspecting the plants, which were gearing up to open in the coming days after a federal judge in Albuquerque on Friday dismissed a lawsuit by The Humane Society of the United States. The Humane Society and other animal protection groups alleged the department failed to conduct proper environmental studies when it issued permits to the slaughterhouses.
The Humane Society filed an immediate appeal and won an emergency injunction.
"Horse slaughter is a predatory, inhumane business, and we are pleased to win another round in the courts to block killing of these animals on American soil for export to Italy and Japan," said Wayne Pacelle, president and CEO of The Humane Society of the United States. "Meanwhile, we are redoubling our efforts in Congress to secure a permanent ban on the slaughter of our horses throughout North America."
Blair Dunn, who represents Valley Meat Co. of Roswell, N.M., and Rains Natural Meats of Gallatin, Mo., emphasized the order was temporary.
Friday, October 4, 2013
Court favors Abercrombie in Okla. suit over hijab
A federal appeals court has dismissed claims by an Oklahoma woman who says she wasn't hired by Abercrombie & Fitch because her headscarf conflicted with the retailer's dress code, which has since been changed.
A federal judge initially sided with the Equal Employment Opportunity Commission, which filed the lawsuit on behalf of Samantha Elauf. The EEOC alleged that Elauf wasn't hired in 2008 at an Abercrombie store in Tulsa's Woodland Hills Mall because her hijab violated the clothing retailer's "Look Policy."
The 10th U.S. Circuit Court of Appeals reversed that decision Tuesday. The court said Elauf never told Abercrombie she needed a religious accommodation, even though she was wearing the headscarf during her interview.
The Ohio-based company changed its policy three years ago. It recently settled similar lawsuits in California.
Wednesday, August 28, 2013
Judge says Episcopal issues belong in state court
U.S. District Judge C. Weston Houck has ruled for the second time in recent months that legal issues arising from the Episcopal schism in eastern South Carolina belong in state court, not federal court.
Houck dismissed a federal lawsuit late Friday brought by Bishop Charles vonRosenberg, the bishop of parishes remaining with the national Episcopal Church.
The bishop had asked Houck to block Bishop Mark Lawrence, the spiritual head of churches that left the national church, from using the name and symbols of the Episcopal Diocese of South Carolina.
But Houck ruled the issues "are more appropriately before, and will more comprehensively be resolved, in South Carolina state court."
Lawrence and churches in the conservative diocese separated from the more liberal national church last year. Those parishes later sued in state court to protect their use of the diocesan name and symbols and title to a half billion dollars in church property.
In a consent order agreed to by both sides and signed by a state judge earlier this year, Lawrence and those parishes were given the right to use the name and symbols.
Parishes remaining with the national church later tried to move that case to federal court, but Houck ruled in June that doing so would disrupt the balance between state and federal courts.
Houck dismissed a federal lawsuit late Friday brought by Bishop Charles vonRosenberg, the bishop of parishes remaining with the national Episcopal Church.
The bishop had asked Houck to block Bishop Mark Lawrence, the spiritual head of churches that left the national church, from using the name and symbols of the Episcopal Diocese of South Carolina.
But Houck ruled the issues "are more appropriately before, and will more comprehensively be resolved, in South Carolina state court."
Lawrence and churches in the conservative diocese separated from the more liberal national church last year. Those parishes later sued in state court to protect their use of the diocesan name and symbols and title to a half billion dollars in church property.
In a consent order agreed to by both sides and signed by a state judge earlier this year, Lawrence and those parishes were given the right to use the name and symbols.
Parishes remaining with the national church later tried to move that case to federal court, but Houck ruled in June that doing so would disrupt the balance between state and federal courts.
Thursday, June 27, 2013
Houston, Texas - Heavy Truck Collisions Law Office
Heavy truck collisions have been more common because of negligence. Sometimes these collisions are due to fatigue, inattention, and overwork of their work shift. However, all large truck drivers should be responsible so that they could avoid these type of accidents, which are deadly. The size of the trucks themselves are the cause of the death and serious injuries for average sized motor vehicles, because the impact of the 18 wheelers will do damage to any vehicle smaller than its size. If you or a loved one has been seriously injured due to <a href="http://www.houstontexaspersonalinjurylawyers.com/heavy-truck-collisions">a collision with an 18-wheeler truck</a>, our personal injury lawyers can help represent your case to get the compensation you deserve.
Thursday, May 23, 2013
Court strikes down Arizona 20-week abortion ban
A federal court in San Francisco Tuesday struck down Arizona's ban on abortions after 20 weeks of pregnancy.
The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks
Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.
A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.
But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies.
The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks
Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.
A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.
But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies.
Monday, April 8, 2013
Doctor to plead guilty in CA prescription case
A Southern California doctor has agreed to plead guilty to charges of illegally prescribing drugs to his patients at nightly meetings in Starbucks stores.
Court documents show 44-year-old Alvin Mingczech Yee entered into a plea agreement earlier this week. He is expected to plead guilty to seven counts at a April 17 hearing.
Prosecutors say Yee saw up to a dozen patients nightly at Starbucks coffee stores across suburban Orange County at meetings that cost up to $600. Prosecutors say Yee barely examined them but prescribed drugs including OxyContin and Vicodin.
Yee was arrested in October 2011 at his Irvine office and has been free on bond.
Court documents show 44-year-old Alvin Mingczech Yee entered into a plea agreement earlier this week. He is expected to plead guilty to seven counts at a April 17 hearing.
Prosecutors say Yee saw up to a dozen patients nightly at Starbucks coffee stores across suburban Orange County at meetings that cost up to $600. Prosecutors say Yee barely examined them but prescribed drugs including OxyContin and Vicodin.
Yee was arrested in October 2011 at his Irvine office and has been free on bond.
Tuesday, February 5, 2013
Gerald B. McNamara - DUI Defense
Based on my experience as a former police officer, my team of attorneys has a unique understanding of what you have experienced if you have been arrested for driving after imbibing alcohol or utilizing drugs in Pennsylvania (which is more commonly known as driving under the influence, or simply DUI). We realize that for many people arrested for DUI, this is their first and only encounter with the criminal justice system. If you are reading this, you probably realize that this is not a very pleasant encounter.
http://www.gbmlawpittsburgh.com/criminal-defense/dui/defending-your-case
http://www.gbmlawpittsburgh.com/criminal-defense/dui/defending-your-case
Thursday, January 3, 2013
Detroit mom in court in daughter's stabbing death
A 26-year-old Detroit mother of five was scheduled for her first court appearance Thursday afternoon on a murder charge in the stabbing death of her 8-year-old daughter.
Tameria Greene, who would have turned 9 on Wednesday, was found bleeding early Sunday on the floor of the family's apartment. Her mother, Semeria Greene, was arrested and her four sons were taken into protective custody.
Greene was due to be arraigned on felony murder and child abuse charges. She did not have an attorney listed in court records.
Michigan's human service director Maura Corrigan said family, friends and neighbors had complained to her agency about Greene's treatment of her five children. Corrigan said child welfare workers had tried repeatedly to remove them from Greene's care in the past two years.
Corrigan says a court denied the last request one month before Tameria's death.
Judge Frank Szymanski told The Associated Press on Thursday morning that he signed an order in November that ordered services but kept the children in the home. He said his order reflected the result of a hearing held by a referee and he had no active role in the case at that time. That's standard procedure in such cases, the judge said.
Tameria Greene, who would have turned 9 on Wednesday, was found bleeding early Sunday on the floor of the family's apartment. Her mother, Semeria Greene, was arrested and her four sons were taken into protective custody.
Greene was due to be arraigned on felony murder and child abuse charges. She did not have an attorney listed in court records.
Michigan's human service director Maura Corrigan said family, friends and neighbors had complained to her agency about Greene's treatment of her five children. Corrigan said child welfare workers had tried repeatedly to remove them from Greene's care in the past two years.
Corrigan says a court denied the last request one month before Tameria's death.
Judge Frank Szymanski told The Associated Press on Thursday morning that he signed an order in November that ordered services but kept the children in the home. He said his order reflected the result of a hearing held by a referee and he had no active role in the case at that time. That's standard procedure in such cases, the judge said.
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