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Fate of thousands at stake in Massachusetts court arguments
Lawyer News |
2015/01/08 13:26
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The highest court in Massachusetts is hearing arguments in a case that could determine the fate of thousands of people convicted of drug crimes based on tainted evidence.
The American Civil Liberties Union says many of those affected are afraid to vacate their guilty plea and seek a new trial because they can be prosecuted for crimes dropped when they entered their plea deal.
The ACLU will argue Thursday morning that the Massachusetts Supreme Judicial Court should declare that any defendant who seeks a new trial cannot be convicted of a more serious offense or given a longer sentence.
The case comes after former state drug lab chemist Annie Dookhan admitted she faked test results and tampered with evidence.
Dookhan was sentenced to at least three years in prison in 2013. |
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EX-UPS driver's pregnancy bias claim at high court
Lawyer News |
2014/12/04 15:39
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Peggy Young only has to look at her younger daughter to be reminded how long she has fought United Parcel Service over its treatment of pregnant employees, and why.
Young was pregnant with Triniti, who's now 7 years old, when UPS told Young that she could not have a temporary assignment to avoid lifting heavy packages, as her doctor had ordered.
"They told me basically to go home and come back when I was no longer pregnant," Young said in an interview with The Associated Press. "I couldn't believe it."
She sued the Atlanta-based package-delivery company for discriminating against pregnant women. She lost two rounds in lower courts, but the Supreme Court will hear her case Wednesday.
The 42-year-old Young, who lives in Lorton, Virginia, said her persistence is not only for herself. "I am fighting for my two daughters and I'm fighting for women who want to start a family and provide for the family at the same time," she said.
UPS spokeswoman Kara Gerhardt Ross said the law is on the company's side. "UPS did not intentionally discriminate," Ross said.
The outcome could have wide-ranging effects.
Three-quarters of women entering the workforce today will become pregnant at least once while employed, and many will work throughout their pregnancies, employment discrimination expert Katherine Kimpel wrote in a court brief. Some will experience complications or physical effects that cause them to ask their employers for a change of duties or other modifications, Kimpel said. |
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Man accused of pushing wife off cliff is in court
Lawyer News |
2014/11/13 15:51
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Lawyers will argue Wednesday whether a man accused of pushing his wife off a cliff to her death in Colorado's Rocky Mountain National Park as they celebrated their wedding anniversary should remain in jail.
The federal detention hearing comes after Harold Henthorn, 58, was indicted last week on a charge of first-degree murder in the death of Toni Henthorn, 50.
An autopsy report says she fell or was pushed over the ledge when she paused to take a photo during a hike on Sept. 29, 2012. The couple was visiting the park for their 12th wedding anniversary.
Only after her death did Toni Henthorn's relatives realize she was covered by three life insurance policies totaling $4.5 million. A claim was sent in for one policy days after she died, court records show.
Harold Henthorn's attorney, Craig L. Truman, has said that the case is complicated and that "justice will be done" once the facts come to light. |
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Massachusetts Real Estate Attorney
Lawyer News |
2014/10/22 13:29
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For more than 30 years, Attorney Alan H. Segal has been lending legal expertise to the Greater Boston Massachusetts area from his Needham, Massachusetts Law Office. With great attentiveness, Alan and his associates have given legal consultation in business law, estate planning, and Massachusetts real estate law.
You can find Alan on the radio, cable, and local television sharing his ideas about current legal news. Navigating your way through the legal system can be a confusing and difficult task. He and his staff know that and want to be there for you as "YOUR LAWYER".
To visit the Law Office of Alan H. Segal, head to the intersection of Highland Ave and Route 128/95 on the Newton / Needham border, next to Staples.
Attorney Alan H. Segal has been known as a renowned Massachusetts real estate attorney for over 30 years. Sellers, buyers, and lenders of Massachusetts real estate property are all represented by his practice.
It is prudent to seek the guidance of a real estate agent like Alan to help with all real estate home buying in Massachusetts, as all such transactions have legal issues and tax consequences.
If you need an experienced Massachusetts real estate attorney contact us today for a free and confidential consultation! |
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Court: Silence can be used against suspects
Lawyer News |
2014/08/18 14:10
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The California Supreme Court has ruled that the silence of suspects can be used against them.
Wading into a legally tangled vehicular manslaughter case, a sharply divided high court on Thursday effectively reinstated the felony conviction of a man accused in a 2007 San Francisco Bay Area crash that left an 8-year-old girl dead and her sister and mother injured.
Richard Tom was sentenced to seven years in prison for manslaughter after authorities said he was speeding and slammed into another vehicle at a Redwood City intersection.
Prosecutors repeatedly told jurors during the trial that Tom's failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.
Legal analysts said the ruling could affect future cases, allowing prosecutors to exploit a suspect's refusal to talk before invoking 5th Amendment rights against self-incrimination. |
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McKennon Law Group - Los Angeles ERISA Litigation Lawyer
Lawyer News |
2014/06/10 12:13
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The Employee Retirement Income Security Act of 1974, also known as ERISA, governs certain employer-provided health insurance, life insurance, and disability insurance plans. The federal ERISA statute enacted was meant to protect employees by establishing remedies for benefits denials, breaches of fiduciary duties, and failures to provide notice of plan terms or benefit changes. Unfortunately, insurance companies and ERISA insurance plans ofen use the ERISA regulation complexities as a way to improperly deny ERISA claims for ERISA benefits causing individuals to appeal through an administrative process or bring a Federal court lawsuit to recover their ERISA benefits.
Many attorneys are uncomfortable with ERISA cases, and will usually not take these types of cases. Well-funded insurance companies have a clear advantage over sick, disabled, or grieving claimants who do not have experienced ERISA attorneys. Specific rules and strict deadlines govern the ERISA administrative process that individuals must follow before they are allowed to file an ERISA lawsuit. Individuals must comply with the insurance plan's appellate procedures and ERISA law in order to bring an ERISA lawsuit. An attorney specializing in ERISA law can help identify mistakes and weaknesses in the insurer's review and ensure your ERISA administrative record contains appropriate evidence needed to support your claim and navigate the appeals process.
The McKennon Law Group specializes in ERISA insurance and insurance bad faith claims, appeals, and trials. The attorneys at the McKennon Law Group have over forty years of combined experience in litigating ERISA insurance and insurance bad faith cases. Attorneys Robert J. McKennon and Scott E. Calvert have previously represented large insurance companies issuing policies of disability, life, health, and long-term care insurance. Therefore, we can offer a unique perspective and broader understanding of how the insurance industry approaches both ERISA and insurance bad faith claims.
If you're in need of a Los Angeles ERISA Litigation attorney to litigate your ERISA insurance or insurance bad faith claim, please call (949) 387-9595 for a free consultation. |
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