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3 bank customers in Germany fined for ignoring collapsed man
Law Center | 2017/09/16 12:32
A German court has fined three bank customers for failing to help an elderly man who collapsed in a bank branch and later died.

The Essen district court handed the defendants, a woman and two men, fines ranging from 2,400 to 3,600 euros ($2,865 to $4,300).

Police said surveillance camera footage showed four people walking past or over him as he lay on the floor. The fourth person faces separate proceedings.

The 83-year-old man collapsed as he used a banking terminal on a public holiday last October.

Only after about 20 minutes did another customer call emergency services. The man was taken to a hospital but died a few days later.

News agency dpa reported that the defendants testified Monday they had thought he was a sleeping homeless man.


Justices allow Trump administration ban on most refugees
Law Center | 2017/09/13 23:01
The Supreme Court is allowing the Trump administration to maintain its restrictive policy on refugees. The justices on Tuesday agreed to an administration request to block a lower court ruling that would have eased the refugee ban and allowed up to 24,000 refugees to enter the country before the end of October.

The order was not the court's last word on the travel policy that President Donald Trump first rolled out in January. The justices are scheduled to hear arguments on Oct. 10 on the legality of the bans on travelers from six mostly Muslim countries and refugees anywhere in the world.

It's unclear, though, what will be left for the court to decide. The 90-day travel ban lapses in late September and the 120-day refugee ban will expire a month later.

White House spokeswoman Sarah Huckabee Sanders said Tuesday night: "We are pleased that the Supreme Court has allowed key components of the order to remain in effect. We will continue to vigorously defend the order leading up to next month's oral argument in the Supreme Court."

The administration has yet to say whether it will seek to renew the bans, make them permanent or expand the travel ban to other countries.

Lower courts have ruled that the bans violate the Constitution and federal immigration law. The high court has agreed to review those rulings. Its intervention so far has been to evaluate what parts of the policy can take effect in the meantime.

The justices said in June that the administration could not enforce the bans against people who have a "bona fide" relationship with people or entities in the United States. The justices declined to define the required relationships more precisely.



Ohio Supreme Court hears dispute on abortion clinic closure
Law Center | 2017/09/10 23:02
Government attorneys have asked the Ohio Supreme Court to uphold the state Health Department's order to shut down Toledo's last abortion clinic.

The case involves one of several restrictions Ohio lawmakers have placed on abortion clinics in recent years.

The court on Tuesday heard arguments over the Health Department's 2014 order to close Capital Care of Toledo.

The department says the clinic's lack of a patient-transfer agreement with a local hospital should force it to close.

Such agreements were mandated, and public hospitals barred from providing them, under restrictions passed in 2013.

Lower courts have ruled the restrictions unconstitutional.

The court's chief justice on Tuesday asked about an alternative for women in the city of 275,000 residents if the clinic closed. The closest clinic is an hour's drive away in Michigan.



Trump nominates White House lawyer to important court seat
Law Center | 2017/09/03 23:04
President Donald Trump has tapped one of his own White House attorneys for a judgeship on one of the most important federal appeals courts, opening the door for confirmation hearing questions about the legal controversies that dominated the first seven months of Trump's presidency.

Gregory Katsas was nominated Thursday to serve on the U.S. Court of Appeals for the District of Columbia Circuit. Katsas, the deputy White House counsel, was a former Justice Department official under President George W. Bush. A biography on the White House's website says he has argued more than 75 appeals, including the constitutional challenge to President Barack Obama's Affordable Care Act before the Supreme Court.

He would replace the libertarian-leaning Judge Janice Rogers Brown, who retired this summer. The court is influential, in part because of its role in adjudicating many of the orders and laws put forth by the administration. It is sometimes called America's second highest court because it can be a stepping stone to the Supreme Court just a few blocks away.

Katsas, once a law clerk to Justice Thomas, has served in high-ranking Justice Department roles, including as head of the civil division that has responsibility for defending the administration's policies against court challenges. He is part of the steady stream of Jones Day law firm partners who have flowed into the Trump administration, including White House counsel Don McGahn.

So many Jones Day attorneys work in the White House that the counsel's office issued a blanket ethics waiver for them so that they can maintain contact with their former colleagues without running afoul of ethics provisions. The firm's lawyers continue to represent members of the Trump campaign outside the White House.


Court: Cherokee Freedmen have right to tribal citizenship
Law Center | 2017/08/30 00:22
Descendants of black slaves, known as freedmen, who were once owned by members of the Cherokee Nation have a right to tribal citizenship under a ruling handed down by a federal court in Washington, D.C.

U.S. District Judge Thomas Hogan ruled Wednesday in a long-standing dispute between the Cherokee Freedmen and the second largest tribe in the United States.

Freedmen have long argued that the Treaty of 1866, signed between the U.S. government and the Tahlequah, Oklahoma-based Cherokees, gave them and their descendants "all the rights of native Cherokees." There are around 3,000 freedmen descendants today.

But Cherokee leaders have argued the tribe has the fundamental right to determine its citizens, and in 2007 more than three-fourths of Cherokee voters approved an amendment to remove the Freedmen from tribal rolls.



Supreme Court justice blocks ruling on redrawing Texas districts
Law Center | 2017/08/27 00:20
U.S. Supreme Court Justice Samuel Alito on Monday temporarily halted enforcement of a lower-court ruling that required two Texas congressional districts to be redrawn.

Responding to an appeal by Texas Attorney General Ken Paxton, Alito halted action on the order and gave those who challenged the districts until Sept. 5 to address the points raised by Paxton’s appeal.

Sept. 5 is the day the three-judge court was to hold a hearing in San Antonio on redrawing the districts, including one based in Travis County and another that includes Bastrop County.

The court ruled two weeks ago that the districts were created by the Republican-controlled Legislature to intentionally discriminate against minority voters, who tend to favor Democrats.


Top NC court weighs lawmakers stripping of governor's powers

North Carolina's highest court on Monday tackled the question of how far the Republican-led legislature can go to minimize new Democratic Gov. Roy Cooper's ability to pursue goals that helped him get elected last year by reshaping state government.

The state Supreme Court heard arguments in a lawsuit brought by Cooper that claims legislators violated North Carolina's constitution this spring by passing a law diminishing the governor's role in managing elections.

It's the first time the high court has waded into the ongoing political battle between lawmakers and Cooper that began after he narrowly beat incumbent Republican Gov. Pat McCrory last November. GOP lawmakers have sought to diminish Cooper's powers ever since.

The governor's lawyers told the seven-member court that the General Assembly violated the constitution's separation of powers requirement by reshaping the state elections board in ways that entrench Republican advantage. Elections boards are examples of the types of bodies that implement laws, functions that the state constitution requires from governors.




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