Thursday, November 8, 2012

Court: Officers may have to pay fees in lawsuit

The Supreme Court says a South Carolina sheriff's office can be held liable for attorneys' fees for stopping abortion protesters in South Carolina who wanted to hold up signs showing aborted fetuses.

Justices on Monday reversed a decision saying the Greenwood County sheriff's office was not required to pay attorney's fees in a lawsuit brought by Steven Lefemine and Columbia Christians for Life. The group was told by officers they couldn't protest with their signs in November 2005. A federal judge agreed that the sheriff was wrong, but did not award damages or lawyer's fees.

The justices threw out that decision without hearing arguments, saying the legal decision that officers could not stop the protesters "supported the award of attorney's fees." The case now goes back to the lower courts.

Wednesday, October 17, 2012

NEW JERSEY / NEW YORK MEDICAL MALPRACTICE LAWYER

When being treated by physicians, therapists, nurses, and other medical professionals, a patient expects that he or she will be treated with a high degree of skill and care.  Unfortunately, patients' expectations are not always met.  When medical professionals deviate from the recognized standards of practice for their profession, they may be subject to a lawsuit.

Medical malpractice is usually described as harm brought onto an individual due to carelessness or a mistake of a health care provider. Determining if you have a potential claim for medical malpractice may be difficult to determine, thus if you think you or a loved one might be a victim of medical malpractice you should seek advice from a legal professional immediately.  One sign that you may have a potential case might be an unexpected or very different result from a surgery or medical treatment.  Additionally, death or severe injury that occurs as a result of "routine" treatments or surgeries, where the physician or doctor can give no reasonable explanation for the death or worsened condition of the patient, may give cause to believe that medical malpractice has taken place.

The law limits the time in which you may bring a claim for medical malpractice. The medical field is a very specialized one and you will need a legal representative with extensive medical knowledge in order to provide you with the best. Call today to discuss your case with an experienced West New York medical malpractice lawyer. Additional information and attorney profiles can be found at http://www.reinartzlaw.com/practice-areas/medical-malpractice

Monday, August 6, 2012

Appeals court upholds hate crime law in Ark. case

A federal appeals court has upheld the hate crime conviction of a Green Forest man who is serving an 11-year prison term for intentionally crashing into a car carrying five Hispanic men and injuring them.
The 8th U.S. Circuit Court of Appeals in St. Louis ruled Monday there was sufficient evidence that Frankie Maybee and two other men deliberately attacked the other vehicle after a confrontation in a convenience store parking lot.

The court upheld the 2009 Shepard-Byrd Hate Crimes Prevention Act, a law that Congress approved under the power of the 13th Amendment, which calls for abolishing vestiges of slavery. The court found that attacking someone because of his or her ethnic background is constitutionally prohibited under the Hate Crimes Prevention Act.

Friday, June 15, 2012

Indianapolis Class Actions Law Firm - Price Waicukauski & Riley, LLC

Class action lawyers must be experienced with complex litigation and class action certification, notice, and settlement procedures. Large corporate defendants always put up formidable opposition in cases involving thousands of claimants.

A class action is a lawsuit brought by one or more claimants as representatives for an entire group of claimants who have been affected by a common violation. This process creates a method for addressing relatively small claims that might otherwise be too costly to litigate on an individual basis.

Price Waicukauski & Riley Law has an experienced team of class action attorneys willing to tackle the most complex of cases and aggressively face bigger law firms and corporations on their clients' behalf. Based in Indiana, their class action lawyers have represented plaintiff classes in numerous lawsuits and have the background for success. Visit www.price-law.com for more information.

Wednesday, June 13, 2012

UnitedHealth plans to keep overhaul elements

Insurer UnitedHealth Group Inc. sees some parts of the health care overhaul as sound medicine and plans to keep them regardless of whether the law survives an upcoming Supreme Court ruling.
The nation's largest health insurer said Monday that it will still cover preventive care like immunizations without charging a co-payment, which is the fee usually paid at the doctor's office, and it will continue other popular, initial provisions of the law.
The overhaul, which aims to provide coverage for millions of uninsured people, started unfolding in 2010 after health insurers fought bitterly to block its passage. Challenges to the law from states and other groups opposed to it wound their way through the court system to the Supreme Court, which heard arguments on the law's constitutionality in March.
The court is expected to issue a ruling later this month that could strike down the entire law or parts of it or uphold it.
Despite deep divisions about President Barack Obama's law, UnitedHealth's announcement underscores the staying power of some of its reforms.

Sunday, May 13, 2012

Court: Ex-Bush aide protected from torture lawsuit

For the second time this year, a federal appeals court shielded a former Bush administration lawyer from a lawsuit filed by a convicted terrorist who alleged the attorney's so-called "torture memos" led to his illegally harsh treatment while in U.S. military custody.

The two similar rulings from separate courts on both sides of the country may signal the end of inmate Jose Padilla's legal fight over the legality of the Bush administration "coercive interrogation" methods of terror suspects.

On Wednesday, the 9th U.S. Circuit Court of Appeals tossed out Padilla lawsuit against John Yoo, a former deputy attorney general who wrote a series of memos outlining permissible treatment of "enemy combatants" in military custody.

The San Francisco-based appeals court said Yoo is protected from Padilla lawsuit and similar challenges because the law defining torture and the treatment of enemy combatants was unsettled in the two years after the Sept. 11 terror attacks, when the memos were written, the 9th U.S. Circuit Court of Appeals said.

Monday, April 9, 2012

San Francisco Bankruptcy Lawyer

Dennis R. Wheeler concentrates his practice on debtor side consumer bankruptcies filed under Chapters 7 and 13 of the Bankruptcy Code. She represents clients all over the Bay Area in the counties of San Francisco, San Mateo, Alameda, and Contra Costa. Graduating with a Juris Doctor from the University of California Hastings College of Law, Mr. Wheeler was ranked in the upper one third of his graduating class.

Closer: Dennis R. Wheeler has successfully relieved debts for his numerous clients and specializes in preparing and filing personal and small business bankruptcy. With considerable experience in the practice area, he has led many of his clients to a fresh financial start. Contact their law firm for a free initial consultation and let him help you understand the options available for you.

Tuesday, March 13, 2012

Federal court rules for Ohio festival free speech

A federal appeals court has ruled in favor of two Christians who say their free speech rights were violated at a southwest Ohio corn festival.

A 6th U.S. Circuit Court of Appeals three-judge panel ruled unanimously Monday that a policy against solicitation at the annual Sweet Corn Festival was too broad, and unconstitutional. The panel reversed a federal judge's ruling.

The case stemmed from the summer 2009 festival in the Dayton suburb of Fairborn, Ohio. Plaintiffs Tracy Bays and Kerrigan Skelly planned to convey their religious beliefs among festival-goers, and Bays began walking through the park with a sandwich board sign with Christian messages. After encountering opposition from a festival worker and officials, they left.

They sued in 2010. The Christian legal aid group Alliance Defense Fund argued their appeal.

Italian court convicts 2 in asbestos-linked deaths

An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials called a historic case.

Italian Health Minister Renato Balduzzi hailed the verdict by the three-judge Turin court as "without exaggeration, truly historic," noting that it came after a long battle for justice.

"It's a great day, but that doesn't mean the battle against asbestos is over," he told Sky TG24 TV, stressing that it is a worldwide problem.

Prosecutors said Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibers left over from production of roof coverings and pipes at its northern Italian factories from spreading across the region.

During the trial, which has stretched on since December 2009, some 2,100 deaths or illnesses were blamed on the asbestos fibers, which can cause grave lung problems, including cancer. Prosecutors said the contamination stretched over decades.

The defendants had denied wrongdoing.

Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded the courtroom and two nearby halls to gather for the verdict. When the convictions were announced, some of the spectators wept.

Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court's complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos.

Thursday, March 1, 2012

Blackwell Sanders to Merge with Husch

Two of Missouri’s biggest law firms have agreed to merge, creating a 630-lawyer powerhouse that will rank among the top 100 in the country in size and revenue.

Partners at Kansas City-based Blackwell Sanders and St. Louis-based Husch & Eppenberger approved the combination over the weekend. The electronic vote in favor of the union was nearly unanimous, according to Blackwell Chairman David Fenley.

“The whole notion of achieving a great deal more depth and more expertise is very attractive to clients and to people who may become our clients,” he said.

The merger is expected to close in January. A name for the combined firm has yet to be chosen.

Blackwell has about 330 attorneys and grossed $116.5 million in 2006, according to The American Lawyer, a legal publication. About half the firm’s attorneys are based in the Kansas City area.

Husch, which has a 40-attorney office in downtown Kansas City, has about 300 attorneys overall. The firm tallied $124 million in revenues in 2006.

The firms said they expected to generate combined revenues in 2008 of more than $275 million.

The marriage of the two firms dwarfs any previous law firm combination in Missouri, creating the state’s second-biggest legal shop. The biggest firm headquartered in Missouri is St. Louis-based Bryan Cave, which has about 800 attorneys.

“This will really differentiate them from other firms in the market,” said Lisa Smith of Hildebrandt International, a provider of consulting services to law firms. “And it gives them the platform to expand regionally.”

Smith, who advised Blackwell and Husch on the merger, said the union would give the new firm the kind of beefed-up resources that clients are increasingly demanding.

“Clients aren’t looking for size so much as practice depth,” she said. “This gives them additional depth in all of their practices. It really combines complementary practices because the relative strengths of each firm are a little different.”

Blackwell is best known for its corporate, transactional, real estate, and labor and employment practices. Husch is best known for its litigation, commercial finance, environmental and bankruptcy practices.

The last major cross-state merger of law firms took place 3 ½ years ago when Kansas City-based Polsinelli Shalton & Welte merged with St. Louis-based Suelthaus PC, creating a 190-lawyer firm with 70 lawyers in St. Louis. The firm, now called Polsinelli Shalton Flanigan Suelthaus, currently has close to 300 attorneys.

The biggest law firm merger in Kansas City occurred more than five years ago when two of the city’s largest and oldest firms — Stinson Mag & Fizzell and Morrison & Hecker — combined to create a 342-lawyer practice. That firm is now known as Stinson Morrison Hecker.

The union of Blackwell and Husch will give the combined firm 16 locations in Missouri, Kansas, Nebraska, Illinois, Tennessee, Washington, D.C., and London. The firms have overlapping offices in three cities — Kansas City, St. Louis and Springfield.

Fenley said the merged firm will address lease issues in those cities “as soon as we can, but we’re going to accomplish physical integration irrespective of having two offices in the same cities.”

Blackwell has 13 years remaining on its lease in the Plaza Colonnade, located at Main Street and Ward Parkway overlooking the Country Club Plaza. The firm moved in three years ago and occupies about 120,000 square feet on four floors. Husch occupies three floors downtown at 1200 Main St. and has nine years to run on its lease.

Bisnar Chase Makes Christmas Merry for Less Fortunate

In spite of the busy holidays, the staff of personal injury law firm Bisnar Chase finds time to support two charity organizations in Orange County, Share Ourselves (SOS) and The U.S. Marine Corps Reserve Toys for Tots Program. SOS helps families who are homeless, the working poor or living at or near the poverty level. Toys for Tots provides new, unwrapped toys for children who come from disadvantaged families.

For SOS, staff members have adopted three nine-member families and have purchased holiday gifts for all. Then a few days before SOS needs the donations, the staff had a gift-wrapping party during their work day.

Bisnar Chase staff also manage the collection boxes for the Toys for Tots drive in their building, with the Orange County Bar Association serving as local coordinator for the Marines. The staff place three 55-gallon boxes throughout their office building and invite the other tenants of their building to donate new, unwrapped toys.

"My colleagues and I really enjoy making the holidays brighter for those less fortunate," says Danielle Olson, executive assistant at Bisnar Chase. "Supporting charity organizations like Share Ourselves and Toys for Tots by buying holiday gifts makes the holidays meaningful. And working at a place where we, ourselves, feel appreciated and respected, it's easy to give back."

Supporting a charity during the holidays is entirely a staff-driven effort, reflecting well on the firm's motto, "People over profits." They have been doing this for five years.

About SOS
For more than 35 years SOS has provided a safety net to those needing emergency assistance, for the homeless, working poor and those living at or near the poverty level.

About Toys for Tots
The U.S. Marine Corps Reserve Toys for Tots Program collects new, unwrapped toys during October, November and December each year, and distributes those toys as Christmas gifts to needy children in the community in which the campaign is conducted.

About Bisnar Chase
Bisnar Chase, LLP, is a California personal injury law firm that represents people who suffered catastrophic injuries that are mostly traffic-related. They specialize in auto defect cases against automobile makers such as Ford and General Motors. Bisnar Chase obtains millions of dollars annually in settlements and judgments for its clients. For more information, visit: www.auto-defect-attorneys.com, www.bisnar-chse.com and www.californiainjuryblog.com

Foley & Lardner Announce Award Recipients

CHICAGO - Foley & Lardner LLP continues to demonstrate its commitment to diversity in the legal community through this year’s Minority Scholarship Program. The program, now in its eighth year, has awarded nearly $400,000 in scholarships to first-year minority law students in an effort to create a more diverse legal community.
This year, nine ethnically diverse first-year law students received a $5,000 scholarship toward their legal education. Law schools participating in the program include Duke University, the University of Florida, Georgetown University, the University of Michigan, Northwestern University, the University of Wisconsin, UCLA and the University of California, Berkeley.
Recipients for the 2006-2007 academic year include:
• Stephanie Maria Adams, Northwestern University School of Law
• Jessica L. Brown, Boalt Hall, University of California, Berkeley
• Jamie-Clare Flaherty, University of Michigan Law School
• Andrea I. Gonzalez, Duke University School of Law
• KaSandra N. Rogiers, University of Wisconsin Law School
• Keane Shum, Georgetown University Law Center
• Randy Lee Sims, UCLA School of Law
• Lydia Nicole Thompson, University of Wisconsin Law School
• Nickisha Webb, Levin College of Law, University of Florida
“A strong and effective diversity program is one of the highest priorities of our firm, and the Minority Scholarship Program exemplifies our tangible commitment to the advancement of minority law students and to achieving a more diverse legal community,” said Maureen A. McGinnity, the firm’s Chief Diversity Partner.
Each scholarship recipient is selected by Foley's Minority Scholarship Program Committee. The Committee considers significant involvement in community activities; significant involvement in minority student organizations; outstanding work or personal achievements; and academic achievement.
Foley is committed to recruiting a diverse pool of law students for its summer associate program and as new associates, and the Minority Scholarship Program is a valuable tool in this effort. Through this Program, Foley is introduced to exceptionally talented diverse law students who share the firm’s core values and culture. Scholarship applicants are referred to Foley’s Recruiting Committee for consideration, and the firm has been successful in hiring many applicants both as summer associates and as new associates. Additionally, the Program gives Foley the opportunity to acquaint influential diverse law students with the firm and its diversity commitment, expanding the firm’s visibility and good will within important law school constituencies.
Foley & Lardner LLP provides the full range of corporate legal counsel. Our attorneys understand today’s most complex business issues, including corporate governance, securities enforcement, litigation, mergers and acquisitions, intellectual property counseling and litigation, outsourcing and information technology, labor and employment, and tax. The firm offers total solutions in the automotive, emerging technologies, energy, entertainment and media, financial services, food, golf and resort services, insurance, health care, life sciences, nanotechnology, and sports industries.

The firm’s Web site can be found at www.foley.com

Fulbright to Receive Longevity of Service Award

Fulbright & Jaworski L.L.P.'s exemplary service to the community resulted in the Houston Bar Foundation's awarding its Longevity of Exemplary Service Award today to the international law firm.
The award that typically goes to an individual went this year to Fulbright for the firm's continued commitment to the Houston Volunteer Lawyers Program. Fulbright is the first law firm to receive the award. The Houston Volunteer Lawyers Program sets out to help those with low incomes who may not qualify for other legal aid or assistance.
"This marks the sixth year in a row Fulbright has received an award from the Houston Bar Foundation for contributions to the Houston Volunteer Lawyers Program," said Tracie Renfroe, chair of the Houston Bar Foundation. "While we typically give this award to an individual, Fulbright has devoted itself to this cause through endless hours of pro bono work and a dedication to doing all it can to help the community."
Fulbright attorneys completed an average of more than 60 hours each of pro bono work in 2005 and 2006. When attorneys at the firm give back to the communities in which they work, Fulbright becomes an even better law firm, said Steven B. Pfeiffer, chair of Fulbright's Executive Committee.
"Since its founding in 1919, Fulbright has been committed to improving the communities in which we practice law, as well as the lives of our fellow citizens who are not as fortunate as we, Pfeiffer said. "We have always been leaders in the area of pro bono work - leaders in the level of contributions we make, and leaders in creating programs to provide legal services for those who cannot afford such representation. Fulbright is committed to continuing this leadership."
Among the notable pro bono cases Fulbright has handled through its relationship with the Houston Volunteer Lawyers Program is the recent successful defense of a Nigerian woman's possession of her U.S.-born daughter. The girl's father filed a Hague Convention petition requesting the girl be returned to him in Belgium. Such Hague Convention petitions set out to secure international cooperation when it comes to returning a child wrongfully taken by a parent from one country to another.
The mother, who claimed her ex-husband was abusive, had immigrated legally to the U.S. with her daughter in 2002. With Fulbright's help, the mother successfully fought the claims in the Hague Convention petition. A federal judge cleared the way for the 6-year-old to remain enrolled in school and with her mother in the United States.
"The ability to help clients who may not otherwise be able to afford legal advice that so greatly impacts their lives underscores the importance of our pro bono work," said Stewart Gagnon, who oversees Fulbright's pro bono efforts. "Our attorneys pour themselves into each and every pro bono case our firm handles and we are always touched and come away as better attorneys as a result of those we assist."
In addition to its assistance with individual cases, Fulbright contributes to the community through attorney loan programs the firm has established in a majority of its domestic offices. Through the loan programs, in cities, such as New York, Washington D.C., Los Angeles, Dallas, San Antonio, Minneapolis, Houston and Austin, Fulbright's young lawyers attain courtroom experience prosecuting and defending cases. The cities and other governmental entities involved in the program acquire free assistance as they work to quell their swelling caseloads.
Fulbright also has a pro bono initiative to assist immigrant and refugee children who enter the U.S. alone and then attempt to negotiate the immigration courts without representation. No immigrant or refugee has a right to counsel, not even a child. The firm is making significant in-roads in its endeavor to provide representation and other legal assistance to unaccompanied immigrant and refugee children.
"A commitment to pro bono work is one of our core values, "said Stephen C. Dillard, chair of Fulbright's worldwide litigation department. "Our pro bono commitment reveals a great deal about our firm's culture and our commitment to improving the lives of our fellow citizens in the communities where we practice law."
Fulbright & Jaworski L.L.P.
Founded in 1919, Fulbright & Jaworski L.L.P. is a leading full-service international law firm, with more than 1,000 lawyers in 16 locations in Houston, New York, Washington, D.C., Austin, Dallas, Denver, Los Angeles, Minneapolis, San Antonio, St. Louis, Dubai, Beijing, Hong Kong, London, Munich and Riyadh. Fulbright provides a full range of legal services to both domestic and foreign clients worldwide.
The 2007 BTI survey of FORTUNE 1000 general counsel chose Fulbright as "The BTI Client Service 30" A-Team and Corporate Board Member magazine named Fulbright among the top 20 corporate law firms in the U.S. in their survey of board members of public companies.

For more information, please visit: www.fulbright.com.

Two Major Chicago Law Firms Merge

CHICAGO, Jan. 25 - The Chicago law firm Harris Kessler & Goldstein LLC has merged with McDonald Hopkins LLC - a full-service business law firm headquartered in Cleveland, Ohio, effective Feb. 1, 2007. Harris Kessler & Goldstein will maintain its current office at 640 North LaSalle Street and will operate under the name McDonald Hopkins.
McDonald Hopkins has more than 120 attorneys, with offices in Cleveland and Columbus, Ohio; Detroit, Michigan; and West Palm Beach, Florida. The firm offers services in all aspects of business law, litigation, business restructuring and estate planning services.
Delivering the same personalized legal services as they have since founding the firm in 1995, lead practice group attorneys Steve Harris, Rick Kessler, John Goldstein and Ryann Whalen will continue the firm's focus on corporate law, healthcare, real estate, estate planning and commercial litigation, with added resources from McDonald Hopkins' experienced attorneys.
"As part of a larger organization, we can now offer our clients enhanced services with deeper resources and immediate access to a network of accomplished attorneys and professionals," said Steve Harris, Chicago office co-managing shareholder. "McDonald Hopkins complements our culture, operating philosophies and legal strengths. This opportunity will help us better serve our existing clients throughout the greater Chicago area and beyond."
"For the 80-year-old McDonald Hopkins, the merger represents a strategic advancement to provide legal business services in the Chicago area and reach deeper into the Midwest," said firm president, Joseph J. LoPresti.
"As a significant regional firm, Chicago is an important step in our long- term business strategy and the attorneys from Harris Kessler & Goldstein share our goals," he said.
McDonald Hopkins, headquartered in Cleveland, Ohio, is a full-service business law firm with more than 120 attorneys with offices in Cleveland, Ohio; Columbus, Ohio; West Palm Beach, Florida; Detroit, Michigan; and Chicago, Illinois. For more information visit mcdonaldhopkins.com.