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Alamo seeks removal of religious language in suit
Legal Watch | 2008/12/23 17:16
A lawyer for jailed evangelist Tony Alamo asked a federal court Tuesday to remove religious references from a lawsuit against his client, saying they have the potential to draw the court into theological debate to decide the case.

John Hall of Little Rock said in a court filing that claims made by two former members of the Tony Alamo Christian Ministries were based on religious beliefs and not matters for argument in a court of law.

Hall gave as examples claims that Alamo engaged in practices to intimidate church members by withholding food, marrying young girls and performing severe beatings. Hall said Alamo's defense to each of these allegations was based largely on the Bible, and the filing cites numerous biblical passages.

"All of these fall within the ambit of defendant's religious beliefs," the filing says.

The suit, filed Nov. 25 in federal district court at Texarkana, claims that Seth Calagna and Spencer Ondrisek were beaten and subjected to abuse as teenagers in the church. The suit says the former church members, now adults, suffered physical pain, emotional distress, scarring and disfigurement. It seeks more than $75,000 in damages.



MLF Keychain Breathalyzer Designed to Make You Think Before You Take That Next Holiday Drink
Firm News/Arizona | 2008/12/22 19:58
Scottsdale, AZ – The Maasen Law Firm (MLF) has the perfect gift for those who like to imbibe during the holidays: the MLF Keychain Breathalyzer. Alcohol intoxication is legally defined by the blood alcohol concentration (BAC) level and in Arizona, a state with one of the toughest DUI laws in the nation; the legal limit is 0.08 percent. With a simple breath test, the MLF Keychain Breathalyzer immediately indicates a drinker's level of intoxication: a green light signals alcohol level under 0.02 percent; yellow light for over 0.02 percent; and red for over 0.05 percent. According to the American Medical Association, alcohol causes impairment at BAC of 0.05 percent and above.

The unique key ring alcohol breath testers are available on the Maasen Law Firm website (www.maasenlaw.com) for only $10, a small investment when compared to the average cost of a first-time DUI. According to Arizona's DUI task force, first-time offenders can expect to pay about $3,200, including fines, fees and jail costs – not to mention the installation of an ignition interlock system and attorney fees.

"Our message is simple and clear – drink responsibly and know your level of impairment," notes Scott Maasen, Founder of the firm that is AV® rated; the highest possible rating by Lexis Nexis Martindale-Hubbell®. "The MLF Keychain Breathalyzer is a fun way to increase the serious issue of DUI awareness, especially during this season of holiday parties."

The tougher DUI laws seem to be working. According to the National Highway Traffic Safety Administration, approximately 13,000 deaths involved motorists with a blood alcohol content at or above the .08% legal limit for intoxication. That is about a 4% drop from last year's total of nearly 13,500. Arizona drunk driving fatalities have dropped by 63 deaths.

Since September 26, all persons in Arizona convicted of extreme DUI (.150 or more) will have to serve a minimum of 30 consecutive days in jail. The Judge no longer has the power to suspend any of the 30-day sentence.

"If you're over the limit, expect the max," warns Sheriff Joe Arpaio. "Knowing your level with a green, yellow or red light may save your life, or that of a loved one – and it may also keep you from wearing pink in Tent City."


Dale Cottam - Best Lawyers in America 2009
Firm News/Wyoming | 2008/12/22 19:14
Dale Cottam has been selected by his peers for inclusion in the 2009 edition of The Best Lawyers in America in the specialties of Administrative Law, Corporate Law, Mergers & Acquisitions Law and Real Estate Law.

For over a quarter of a century, Best Lawyers has been regarded - by both the profession and the public - as the definitive guide to legal excellence in the United States. Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than 2.5 million confidential evaluations of the top attorneys in the country.

Mr. Cottam`s practice is focused primarily in the areas of public utilities, energy law, creditors` rights, and real estate. He has extensive experience representing utility clients and consumer groups before the Public Service Commission where he has handled numerous contested case hearings through final decision and appeal to the Wyoming Supreme Court. Mr. Cottam also represents business and real estate clients in numerous arbitrations and bench trials in state courts throughout Wyoming.

Hirst Applegate Website


Knobbe Martens - The Best Lawyers in America 09
Firm News/California | 2008/12/22 18:11
Knobbe Martens Olson & Bear is proud to announce that Joseph Cianfrani, Don Martens, Joseph Re and John Sganga, all from the firm’s Orange County office, were recently selected by their peers for inclusion in The Best Lawyers in America 2009 in the field of intellectual property.

Best Lawyers is the oldest peer-review publication in the legal profession. Best Lawyers compiles an annual list of outstanding attorneys by conducting extensive peer-review surveys in which thousands of lawyers confidentially evaluate their professional peers. The current edition of The Best Lawyers is based on more than two million detailed evaluations of lawyers by other lawyers.

Joseph Cianfrani, a litigation partner, represents various clients in all types of intellectual-property disputes, including those involving patents, trademarks, trade-secrets and copyrights. He is a member of several professional groups and currently serves on the board of the American Intellectual Property Association. Additionally, he has written and spoken extensively on patent law and appellate practice before the Court of Appeals for the Federal Circuit.

Don Martens, a founding partner of the firm, focuses his practice on arbitration. He retired from the partnership in 2004, and is now of counsel to the firm. Martens was named as one of “The Top 10 Patent Lawyers in the World” by PLC Global Counsel Magazine. He is also a member of the mediation and arbitration panels of the American Arbitration Association and the CPR Institute.

Joseph Re, a litigation partner, represents clients in various industries in all types of intellectual property disputes. Named one of the 100 Most Influential Lawyers in America by the National Law Journal, Mr. Re’s practice is primarily handling high-stake patent cases at both the appellate and trial levels. Re currently serves as President of the Federal Circuit Bar Association and as a member of the Federal Circuit’s Advisory Council.

John Sganga, partner, focuses his practice on the litigation of patent, copyright, trade secret and trademark disputes. His litigation experience in different industries and in various forums enables him to develop litigation strategies that are uniquely suited to each case. He has served in leadership positions in a variety of bar associations within Orange County. Sganga has published and lectured extensively on intellectual property litigation issues, and is also a co-author of the treatise entitled Pre-Litigation Patent Enforcement, published by Thomson West.


Happy Holidays from Lewis, Feldman, Lehane & McAtee, LLC
Firm News/Alabama | 2008/12/20 19:03
At this time of the year, we wish to express our appreciation for the friendship and confidence you have shown us. We continue to offer our clients and colleagues the finest service possible. Our firm has recently settled $239,000.00 in cases that were deposited in December. These cases involved auto wrecks, a drunk driver, a guest passenger claim and a false arrest claim.

And, we continue to build relationships and associations with our colleagues. For the month of December, we paid over $34,000 to attorneys in referral fees.

As we look forward to 2009, we would like to share a few inspirational quotes, that we feel will help you through these challenging times.

"You can't steal second base, and keep your foot on first."
Frederick Wilcox, Writer

"So many of our dreams at first seem impossible, then they seem improbable, and then when we summon the will, they soon become inevitable."
Christopher Reeve, Actor

"Excellence is not a skill, it is an attitude."
Ralph Marston, Author

"Anyone who stops learning is old, whether at twenty or eighty. Anyone who keeps learning stays young. The greatest thing in life is to keep your mind young."
Henry Ford, Industrialist

"My father taught me that reputation, not money, was the most important thing in the world."
William Rosenberg, Dunkin Donuts founder

From every member of Lewis, Feldman, Lehane & McAtee, LLC, we wish you a happy, safe holiday season and a healthy, fulfilling New Year.

Jon E. Lewis

Daniel B. Feldman

Danny Lehane

J. Stuart McAtee


Conservatives win court case in Va. church dispute
Headline News | 2008/12/20 17:18
Nearly a dozen conservative church congregations in Virginia have won a lawsuit in which they sought to split from the U.S. Episcopal Church in a dispute over theology and homosexuality.

The final rulings came Friday from a Fairfax County judge who said the departing congregations are allowed under Virginia law to keep their church buildings and other property as they leave the Episcopal Church and realign under the authority of conservative Anglican bishops from Africa.

Several previous rulings had also gone in favor of the departing congregations. The diocese said it will appeal.

Eleven Virginia congregations were involved in the lawsuit, including two prominent congregations that trace their histories to George Washington — Truro Church in Fairfax and The Falls Church in Falls Church.

The congregations voted to realign in late 2006. Since then, the rift in the Episcopal Church has grown, and entire dioceses have voted to leave the denomination. Similar property disputes are expected there as well.

The Episcopal Diocese of Virginia argued it was the true owner of the church property and that the congregations' votes to leave the Episcopal Church were invalid.



Mass. court reprimands judge libeled by newspaper
Headline News | 2008/12/19 17:16
Massachusetts' top court has publicly reprimanded a judge who wrote threatening letters to the publisher of the Boston Herald after he won a $2 million libel judgment against the paper.

The Supreme Judicial Court's punishment for Judge Ernest Murphy is slightly less severe than the public censure and $25,000 fine recommended by the state's Commission on Judicial Conduct. The SJC did order Murphy to reimburse the commission for its costs.

The case began in 2002, after the Herald published a series of stories depicting Murphy as soft on crime. Several quoted Murphy as saying a young rape victim should "get over it."

Murphy won his lawsuit, then wrote threatening letters to the Herald publisher demanding payment.

Murphy agreed in August to step down from the bench, citing health problems brought on by the stress of the case.



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