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NC court: Counties not responsible for school underfunding
Court Center | 2018/12/22 05:34
North Carolina's top court says the state is responsible, not the counties, when schools are so underfunded that some children don't get the constitutionally required sound basic education.

In a decision issued Friday, the state Supreme Court ruled against parents and children in Halifax County, who contended county commissioners haven't fairly distributed tax money, hurting some students.

The Supreme Court decision says only the state has "the power to create and maintain a system of public education." The case was the first to address whether local governments have a duty to provide every child an opportunity to receive a sound basic education. In a landmark 1997 case known as Leandro, the court determined the state has that duty.

The ruling upholds an earlier decision by the state Court of Appeals.



The Latest: Macron: No new Brexit accord, ball in UK court
Court Center | 2018/12/15 03:06
French President Emmanuel Macron says the withdrawal deal on Brexit cannot be renegotiated and that it’s now up to the British Parliament to make the next move.

Macron spoke Friday after an EU summit and a one-on-one meeting with British Prime Minister Theresa May, seeking help from EU leaders to help her sell the deal to skeptical lawmakers.

Macron insisted “there is one accord, the only one possible,” adding “we cannot renegotiate it.” He told reporters that now it’s “the British parliament’s time” to decide whether to accept or reject it.

He said EU leaders are willing to “clarify and discuss” the accord, and said EU leaders at the summit sought to debunk “fantasies” about the so-called backstop for the Irish border.

Romania’s president is stressing how important it is for Romanians and other European Union citizens in the U.K. to have their rights respected after it leaves bloc.

In a meeting with British Prime Minister Theresa May in Brussels, Romanian President Klaus Iohannis said the divorce deal was “important... to guarantee the rights of (Romanians) who live, work or study in Britain.”

Iohannis said all EU citizens living in the U.K. should be treated in a non-discriminatory way, both those currently there and those who move there in the future.

Romania takes over the rotating presidency of the EU on Jan. 1. Britain’s departure from the bloc, scheduled for March 29, occurs on its watch.



Rwandan court drops all charges against opposition figure
Court Center | 2018/12/06 22:03
Rwanda’s high court on Thursday acquitted the country’s most prominent opposition figure of all charges related to her election challenge of President Paul Kagame, as judges said the prosecution failed to provide proof of insurrection and forgery.

Diane Rwigara’s case has drawn global attention as Kagame again faces pressure to give more space to critics in this highly controlled East African country.

Rwigara’s mother, Adeline, 59, also was acquitted of inciting insurrection and promoting sectarianism. Both women had denied the charges.

The courtroom, packed with diplomats and supporters, erupted in applause as Diane Rwigara and her mother were overcome with tears. Excited relatives who had prayed before the hearing for protection swarmed them with hugs.

The 37-year-old Rwigara, who had denounced the charges as politically motivated, had faced 22 years in prison if convicted. She was arrested after trying to run in last year’s election, and is the rare person to publicly criticize the government from inside the country.

“I will continue my campaign to fight for the rights of all Rwandans,” a surprised but happy Rwigara told reporters after celebrating. “This is the beginning, because there’s still a lot that needs to be done in our country.”

She said she will move ahead with her People Salvation Movement, an activist group launched shortly before her arrest to encourage Rwandans to hold their government accountable. And she thanked everyone who pressured the government to free her.



Lump of coal? Taxes more likely for online gifts this season
Court Center | 2018/12/02 06:00
Shoppers heading online to purchase holiday gifts will find they're being charged sales tax at some websites where they weren't before. The reason: the Supreme Court.

A June ruling gave states the go-ahead to require more companies to collect sales tax on online purchases. Now, more than two dozen have moved to take advantage of the ruling, many ahead of the busy holiday shopping season.

"Will your shopping bill look any different? ... The answer right now is it depends," said Jason Brewer, a spokesman for the Retail Industry Leaders Association, which represents more than 70 major retailers.

Whether shoppers get charged sales tax on their online purchases comes down to where they live and where they're shopping.

Before the Supreme Court's recent decision , the rule was that businesses selling online had to collect sales tax only in states where they had stores, warehouses or another physical presence. That meant that major retailers such as Apple, Best Buy, Macy's and Target, which have brick-and-mortar stores nationwide, were generally collecting sales tax from online customers. But that wasn't the case for businesses with a big online presence but few physical locations.

Now, states can force out-of-state sellers to collect sales tax if they're doing a fair amount of business in the state. That means retailers such as Overstock.com, home goods company Wayfair and electronics retailer Newegg can be required to collect tax in more states. Those companies were involved in the case before the Supreme Court, but a wide range of businesses from jewelry website Blue Nile to clothing and outdoor company L.L. Bean and electronics retailer B&H Photo-Video are also affected.

Before the Supreme Court's decision, Overstock was collecting sales tax in eight states. Now, it's collecting sales tax nationwide. Jonathan Johnson, a member of Overstock's board of directors, said a small number of customers reached out to ask about the change when it happened but the company now hasn't had a question about it in months. Wayfair, for its part, was collecting sales tax in 25 states before the decision. Now it's collecting sales tax in 36 of the 45 states with a sales tax.


Lawyer for WikiLeaks’ Assange says he would fight charges
Court Center | 2018/11/28 05:57
WikiLeaks founder Julian Assange will not willingly travel to the United States to face charges filed under seal against him, one of his lawyers said, foreshadowing a possible fight over extradition for a central figure in the U.S. special counsel’s Russia-Trump investigation.

Assange, who has taken cover in the Ecuadorian Embassy in London, where he has been granted asylum, has speculated publicly for years that the Justice Department had brought secret criminal charges against him for revealing highly sensitive government information on his website.

That hypothesis appeared closer to reality after prosecutors, in an errant court filing in an unrelated case, inadvertently revealed the existence of sealed charges. The filing, discovered Thursday night, said the charges and arrest warrant “would need to remain sealed until Assange is arrested in connection with the charges in the criminal complaint and can therefore no longer evade or avoid arrest and extradition in this matter.”

A person familiar with the matter, speaking on condition of anonymity because the case had not been made public, confirmed that charges had been filed under seal. The exact charges Assange faces and when they might be unsealed remained uncertain Friday.

Any charges against him could help illuminate whether Russia coordinated with the Trump campaign to sway the 2016 presidential election. They also would suggest that, after years of internal Justice Department wrangling, prosecutors have decided to take a more aggressive tack against WikiLeaks.

A criminal case also holds the potential to expose the practices of a radical transparency activist who has been under U.S. government scrutiny for years and at the center of some of the most explosive disclosures of stolen information in the last decade.

Those include thousands of military and State Department cables from Army Pvt. Bradley (now Chelsea) Manning, secret CIA hacking tools, and most recently and notoriously, Democratic emails that were published in the weeks before the 2016 presidential election and that U.S. intelligence officials say had been hacked by Russia.

Federal special counsel Robert Mueller, who has already charged 12 Russian military intelligence officers with hacking, has been investigating whether any Trump associates had advance knowledge of the stolen emails.


Court: Reds exempt from tax on promotional bobbleheads
Court Center | 2018/11/24 23:43
Quoting the Cincinnati Reds’ long-time play-by-play announcer, the Ohio Supreme Court declared Tuesday that “this one belongs to the Reds.”

The state’s high court ruled 5-2 that the Major League Baseball franchise is exempt from paying tax on the purchase of bobbleheads and other promotional items the team offers to ticket buyers.

The opinion written by Justice Patrick Fischer warned that the ruling was specific to the case and might not apply for other sports organizations. But the Department of Taxation’s chief legal counsel, Matt Chafin, said the decision essentially shows professional teams how to avoid the “use tax” on promotional items.

Reds spokesman Rob Butcher said the club is “happy with the outcome,” but is still reviewing the opinion.

The department argued the bobbleheads should be taxed because they’re bought by the Reds as giveaways, not sold with tickets. The Reds argued they’re exempt because they resell the items as part of the ticket package and Ohio law exempts companies from paying tax on items they buy for resale.

Fischer, a Cincinnati resident, led off the opinion with a long summary of Ohio’s role in baseball history beginning in 1869, when the Cincinnati Red Stockings became the first all-professional team. There are references to Hall of Famers from Ohio including players Cy Young, Mike Schmidt and Barry Larkin, to the 1975-76 “Big Red Machine” champions, and firsts such as Larry Doby of the Cleveland Indians becoming the first black American League player and to the first night game being played in Cincinnati.

Then, in explaining the ruling, Fischer wrote that unlike a foul ball or a T-shirt shot into the stands (the Reds use a contraption called “Redzilla” to fire free T-shirts into the crowd) that fans have no expectation of receiving, they buy tickets for games that have been advertised as bobblehead games expecting to get the bobbleheads, which last season included All-Stars Joey Votto and Eugenio Suarez.

After quoting Reds’ broadcaster Marty Brennaman’s signature “this one belongs to the Reds,” Fischer as he neared the opinion’s conclusion also quoted Brennaman’s late broadcasting partner, Joe Nuxhall, saying the justices were “rounding third and heading for home.”

Dissenting Justice Mary DeGenaro wrote that the the Reds were escaping sales tax or use tax on promotional items that generally apply to similar purchases. She pointed out that the Reds often limit the promotional items, such as free to the first 30,000 fans.



New black officers, court officials rethinking US policing
Court Center | 2018/11/20 06:57
Veteran Alabama law enforcement officer Mark Pettway grew up in a black neighborhood called “Dynamite Hill” because the Ku Klux Klan bombed so many houses there in the 1950s and ’60s.

Now, after becoming the first black person elected sheriff in Birmingham - on the same day voters elected the community’s first black district attorney - Pettway sees himself as part of a new wave of officers and court officials tasked with enforcing laws and rebuilding community trust fractured by police shootings, mass incarceration, and uneven enforcement that critics call racist.

In a state where conservative politicians typically preach about getting tough on crime, Jefferson County’s new sheriff ran and won on an alternative message. He favors decriminalizing marijuana, opposes arming school employees, supports additional jailhouse education programs to reduce recidivism and plans for deputies to go out and talk to people more often, rather than just patrolling.

“Going forward we need to think about being smarter and not being harder,” said the Democrat Pettway, 54.

While the nation’s law enforcement officers are still mostly white men, and groups including the American Civil Liberties Union and Black Lives Matter call for sweeping changes in the criminal justice system, minorities appear to be making gains nationwide.

In Pettway’s case, strong turnout by African-American voters, combined with national concern over police shootings of unarmed people of color, helped him defeat longtime Sheriff Mike Hale, a white Republican, said professor Angela K. Lewis, interim chair of political science at the University of Alabama at Birmingham. Winners in other cities attributed their success to similar factors.

Houston voters elected 17 black women as judges in the midterms. Even before the election, nearly the entire criminal justice system in the Georgia city of South Fulton, near Atlanta was run by black women, including the chief judge, prosecutor, chief clerk and public defender. They’re offering more chances for criminal defendants to avoid convictions through pre-trial programs and increased use of taxpayer-funded lawyers to protect the rights of the accused.

Chief Judge Tiffany C. Sellers of South Fulton’s municipal court said officials also explain court procedures in detail to defendants, many of whom haven’t been in court before and are scared.


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