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Texas governor woos disgruntled Conn. gun makers
Headline News |
2013/06/19 10:50
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Texas Gov. Rick Perry extolled the tax policies and regulatory climate of his state as he courted gun manufacturers that have threatened to leave Connecticut since the state passed new gun-control laws in response to the Newtown school massacre.
Perry shot at a firing range at Connecticut's venerable Colt Manufacturing Co., one of the plants he toured, and met privately with company owners and other businesses at a downtown Hartford restaurant. At a brief news conference afterward, the Republican offered a conservative policy blueprint in a state run by Democrats.
"Are your tax policies really in the best interest of your job creators?" he asked. "Is your regulatory climate one of which really allows your citizens to be able to enjoy the freedoms that they can have or they should have or that they think they should have? Or are they going to relocate somewhere?"
While gun makers may be unlikely to leave behind their factories and skilled workforces, executives say Texas is an appealing location. Some also said the out-of-state attention was a contrast with Connecticut Gov. Dannel P. Malloy, who they say has shown little regard for a local industry that dates to the Revolutionary War.
Malloy, a Democrat, signed new gun restrictions into law in April, four months after 20 children and six educators were murdered by a lone gunman at Sandy Hook Elementary School. |
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Court hears arguments on NYC's big soda ban
Headline News |
2013/06/14 18:37
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A state appeals court panel had few sweet words Tuesday for a city health regulation that would fight diabetes and obesity by setting a size limit on sugary beverages sold in restaurants.
The four justices peppered a city lawyer with tough questions during a Manhattan court session aimed at determining whether health officials exceeded their authority in placing a 16-ounce limit on most sweetened beverages at city-licensed eateries.
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Court says human genes cannot be patented
Court Watch |
2013/06/13 09:24
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The Supreme Court ruled Thursday that companies cannot patent parts of naturally-occurring human genes, a decision with the potential to profoundly affect the emerging and lucrative medical and biotechnology industries.
The high court's unanimous judgment reverses three decades of patent awards by government officials. It throws out patents held by Salt Lake City-based Myriad Genetics Inc. on an increasingly popular breast cancer test brought into the public eye recently by actress Angelina Jolie's revelation that she had a double mastectomy because of one of the genes involved in this case.
Justice Clarence Thomas, who wrote the court's decision, said that Myriad's assertion — that the DNA it isolated from the body for its proprietary breast and ovarian cancer tests were patentable — had to be dismissed because it violates patent rules. The court has said that laws of nature, natural phenomena and abstract ideas are not patentable.
"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Thomas said.
Patents are the legal protection that gives inventors the right to prevent others from making, using or selling a novel device, process or application. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years, but opponents of Myriad Genetics Inc.'s patents on the two genes linked to increased risk of breast and ovarian cancer say such protection should not be given to something that can be found inside the human body.
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Court: $1M coverage for Conn. fire victim families
Topics |
2013/06/11 09:04
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Families suing the operator of a Hartford nursing home where 16 patients died in a 2003 fire suffered a setback Monday, when the Connecticut Supreme Court ruled that the home's insurance coverage was $1 million instead of the $10 million claimed by the victims' relatives.
The justices' 3-2 decision reversed a lower court judge's interpretation of Greenwood Health Center's insurance policy in favor of the families. The high court instead found in favor of Boston-based Lexington Insurance Co., a subsidiary of American International Group Inc.
"It just seems completely inadequate," Van Starkweather, an attorney for one victim's family, said about the lower coverage figure. "I'm disappointed. It was a close decision. Three justices went with AIG. Two justices went with the victims."
A lawyer for Lexington Insurance declined to comment Monday.
The fire at Greenwood Health Center on Feb. 26, 2003, broke out after psychiatric patient Leslie Andino set her bed on fire while flicking a cigarette lighter. Officials at the time said it was the 10th deadliest nursing home fire in U.S. history. Andino was charged with 16 counts of arson murder, but was found incompetent to stand trial and committed to a psychiatric hospital.
Relatives of 13 of the 16 victims sued the nursing home's operator for cash damages, saying it failed to adequately supervise Andino. Hartford Superior Court Judge Marshall K. Berger Jr. ruled in 2009 that Greenwood's insurance policy with Lexington provided $250,000 in coverage for each plaintiff and the policy's maximum coverage was $10 million.
But Lexington Insurance appealed Berger's decision, saying that the $10 million was the total coverage for all seven nursing homes run by Greenwood's operator and that each home was insured up to $1 million.
In a decision written by Chief Justice Chase T. Rogers, the Supreme Court's majority found that each plaintiff actually was eligible for up to $500,000 from the insurance policy if they won their lawsuit, but that the policy's total coverage was limited to $1 million. |
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ID court rules man can face felony stalking charge
Law Center |
2013/06/10 10:06
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The Idaho Court of Appeals has ruled that allegedly violating a Washington-issued no-contact order is sufficient to elevate charges against an Idaho man to felony first-degree stalking.
The judges on Friday reversed a 2nd District Court decision that had reduced charges against Paul Carey Hartzell to second-degree stalking, a misdemeanor.
According to court documents, a counselor who lived in Washington but worked in Idaho sought a no-contact order preventing Hartzell from contacting her for a year.
That's after he allegedly made unwanted advances, including at her home.
Initially charged with first-degree stalking, a judge reduced the charges against Hartzell.
That didn't sit well with prosecutors.
The Appeals Court agreed, ruling unanimously the district court judge erred by concluding the Washington state order couldn't elevate the Idaho charge to first-degree stalking. |
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San Antonio, Texas Probate Attorney - Aldrich Law Firm
Lawyer News |
2013/06/08 09:03
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What, exactly, is probate?
The term “probate” refers to a variety of legal procedures which involve the transfer of a person’s assets after death and the conclusion of the deceased person’s affairs. The cost, length, and complexity of the available probate procedures vary widely. A consultation with a Texas Probate Attorney will typically be needed to determine which of these procedures are needed given your particular situation. Two of the most important considerations in determining the right probate procedure are:
1. Did the decedent die with or without leaving a valid written will?
When a decedent leaves a valid written will in Texas, he is said to have “died testate.” In these cases, the terms of the will dictate the distribution of estate assets to individuals or entities named in the will as beneficiaries. In these instances a probate lawyer will file an Application to Probate Will, after which a probate hearing is held to “prove up” the facts in the Application and further to ensure that the will is valid.
In San Antonio, Texas, probate refers to the legal procedures that involves distribution of a person's assets after their death. Many times families are told by court officials that it is advised to seek a probate attorney. Our attorney at Aldrich Law Firm can assist you with the legal process needed to close out their deceased loved one’s affairs. Many times they may not know exactly what probate is and this is where we come in to help using our years of knowledge and expertise in this matter. In some cases it may be possible to avoid probate altogether. The best way to avoid probate is through the use of appropriate estate planning. We can assist in this as well.
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