» Supreme Court

Chicago, IL (Law Firm Newswire) July 25, 2016 – In what many consider an important decision, the Supreme Court has now made it easier for federal workers to file discrimination lawsuits if they quit their jobs due to intolerable work conditions. In the legal niche of employment law, constructive discharge, also called constructive dismissal or constructive termination, happens when an employee resigns from a position due to a hostile workplace environment created by the employer. “The resignation is not voluntary and therefore it is, in effect, a termination,” explained respected Chicago employment lawyer, Timothy Coffey. The U.S. Supreme Court just […]


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Houston, TX (Law Firm Newswire) March 1, 2016 – Can the President of the United States issue executive orders and change the law, or just administer the existing laws? In 2014 when Congress failed to pass the DREAMER Act, President Obama responded by deferring DREAMER deportations. In response to deportation protesters, Obama expressed that there should be no need for animosity, saying “I just took an action to change the law.” These words have prompted the Supreme Court to review the president’s power over deportation policy, and in a broader sense, the president’s executive power to change or dispense with […]


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St. Peters, MO, (Law Firm Newswire) December 14, 2015 – The state Supreme Court heard a case on Oct. 28 that raised questions of what constitutes criminal intent. The case involved Blaec Lammers, a southwest Missouri man accused of plotting shootings at a movie theater and Walmart. His defense attorney argued Lammers, 23, only thought about carrying out the shootings and did not actually fire any shots nor have the intent to harm others. However, the state attorney general’s office said he took substantial steps that showed he intended to follow through with the attacks. Lammers purchased two rifles and […]


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Orange County, CA (Law Firm Newswire) September 18, 2015 – The California Supreme Court on July 20 ruled that it is necessary for divorcing couples to live in different residences in order to claim separate property and qualify as legally separated. Under California family law, the income and property each spouse acquires during a marriage is considered community property to be divided between them during a divorce. However, couples often separate years before they divorce, removing all their earnings from consideration after separation when determining community property. When the couple separates, each spouse gets to keep whatever they accumulate. According […]


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San Francisco, CA (Law Firm Newswire) August 26, 2015 – With the Supreme Court’s landmark June 26 ruling legalizing gay marriage throughout the United States, same-sex couples should consider what the decision means for their financial and estate planning strategies for the future. Married same-sex couples will now be able to take advantage of all the financial benefits that have been available to other married couples for years, such as health insurance, Social Security and retirement. “The Supreme Court’s decision is life-changing for same-sex couples as it has leveled the playing field for all married couples when it comes to […]


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Houston, TX (Law Firm Newswire) July 10, 2014 – Decision in favor of Mexican immigrant marks key victory for so-called Dreamers. In what could be a test case for immigrant rights in the country, an appellate panel of the New York state Supreme Court on June 3 overturned a committee’s 2013 decision that denied an undocumented immigrant the right to practice law. As a result of the court’s ruling, Cesar Vargas, a 31-year-old immigrant from Mexico, will be admitted to the New York state bar and be able to work as a lawyer. Vargas was not the first undocumented immigrant […]


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Orange County, CA (Law Firm Newswire) January 26, 2015 – The state of Mississippi does not recognize same-sex marriages. A divorce case before that state’s Supreme Court may change the national marital landscape. In 2013, a Mississippi County Chancery Judge ruled the state’s constitution and statutes forbade him from granting a divorce to a same-sex couple. The women were married in California in 2008, and could have obtained a divorce in that state. However, they moved to Mississippi to buy a home and ended up going their separate ways in 2010. The foundation of the argument before the Supreme Court […]


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Austin, TX (Law Firm Newswire) December 16, 2014 – On October 15, the Texas Supreme Court heard oral arguments in an oil and gas royalty dispute. In the case, Steadfast Financial LLC v. Bradshaw, the owner of an executive right was sued by the owner of a nonparticipating royalty interest. The owner of the interest claimed that the owner of the right did not obtain a high enough royalty interest in a new lease. At issue is whether the executive-rights owner had a duty to secure the going royalty rate. “A central issue in this case is the extent of […]


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Lakeland, FL (Law Firm Newswire) December 10, 2014 – Even if someone is arrested but not charged with or is ultimately acquitted of a crime, the accused’s DNA remains on file. In 28 states, no warrant is required to take DNA samples from individuals arrested for certain serious crimes or for some misdemeanors. The law has been challenged by civil rights groups who claim it violates the Fourth Amendment, which addresses unreasonable search and seizure. As such, they allege that the law is unconstitutional. In 2013, the U.S. Supreme Court handed down a ruling stating that the police may, as […]


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Palo Alto, CA (Law Firm Newswire) November 18, 2014 – Earlier this year, the Supreme Court of the United States reaffirmed that inherited IRA accounts are not protected in bankruptcy as regular retirement accounts are. According to estate planning attorney Michael Gilfix of Gilfix & La Poll, this is just one of the many reasons that anyone with a significant IRA account should look into the idea of setting up a trust as the beneficiary of an IRA account. “Designating a trust for an IRA account is not for everyone,” Gilfix explained, “but it could be of great benefit to […]


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Sacramento, CA (Law Firm Newswire) August 15, 2014 – In May, Duran v. U.S. Bank National Association came before California’s Supreme Court. The resulting ruling will provide guidance to other courts attempting to decide whether individual employee wage actions may remain certified or if they must be certified as class actions. Duran v. U.S. Bank National Association began as a complaint alleging that loan officers working for the bank were misclassified under California Labor Code § 1171 and deserved overtime pay for work they had done. The trial court certified this case as a class action suit according to evidence […]


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Lakeland, FL (Law Firm Newswire) June 4, 2014 – Whether or not a police search is legal depends on the facts of the case. “The Fourth Amendment bans police from making unreasonable searches of people’s personal possessions, their homes and the accused. However, whether searching a suspected criminal is legal depends on the facts of the case,” outlines Thomas Grajek, a criminal defense attorney in Lakeland, Florida. Should the search be illegal, any evidence collected during the search may not be used. Over the last few years, since the advent of the smartphones, criminal searches involving e-devices and cell and […]


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Chicago, IL (Law Firm Newswire) May 28, 2014 – Proponents of changes to Illinois’ workers’ compensation laws say that reforms passed in 2011 did not go far enough. Newly proposed legislation would exempt employers from paying for injuries suffered while traveling to work if the worker is not traveling specifically for work purposes. This and other changes are needed, proponents say, to reduce workers’ compensation insurance costs. Not everyone agrees. “The problem with saying that these changes will reduce insurance premiums is that it has not been borne out by the evidence,” indicates Robert Briskman, a Chicago workers’ compensation attorney. […]


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New York, NY (Law Firm Newswire) May 13, 2014 – Marjorie Mesidor has been admitted to the Supreme Court Bar, the highest Bar in the United States. Mesidor is the Lead Counsel at Phillips & Associates, a New York employment law firm. On May 4, 2014, Mesidor traveled to Washington, D.C., to attend the Supreme Court’s announcement of its decision in Town of Greece v. Galloway. Following the announcement, Mesidor and 20 other members of the Brooklyn Bar Association were admitted to the court on motion. All 21 attorneys took an oath to confirm the motion, and Justices Alito and […]


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Chicago, IL (Law Firm Newswire) May 7, 2014 – The Illinois Supreme Court has upheld the constitutionality of the state’s Employee Classification Act. The Employee Classification Act protects construction workers from being misclassified as independent contractors rather than employees. In the case, Bartlow v. Costigan, the state high court rejected a constitutional challenge by a roofing company that claimed the law was impermissibly vague and violated due process rights. “This is an important ruling for workers,” states Robert Briskman, a Chicago work injury attorney. “When employees are misclassified as independent contractors, their employers avoid paying worker’s compensation premiums, unemployment insurance […]


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Los Angeles, CA (Law Firm Newswire) April 1, 2014 – The Supreme Court recently ruled in favor of Nike, Inc., in a case concerning whether a covenant not to enforce a trademark can reliably moot a counterclaim of invalidity. But Simi Valley patent attorney Jim Dawson said the ruling affests more than trademarking. “This case almost certainly has ramifications for similar cases involving patents,” Dawson stated. Nike makes a line of athletic shoes called “Air Force 1.” In the summer of 2009, Nike filed suit against Already, LLC, claiming that their “Soulja Boy” and “Sugar” shoe lines infringed upon Nike’s […]


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Brandon, FL (Law Firm Newswire) February 24, 2014 – Advocates are hailing a recent ruling by the Supreme Court of Florida as an important step forward for gay rights in the state. A Florida woman who donated an egg to her lesbian partner filed a lawsuit when the birth mother left the state with the child without informing the plaintiff after the couple ended their relationship. The two had planned to raise the child together. The state’s highest court ruled by a vote of 4-3 that the egg donor had parental rights, and it ordered a lower court to arrange […]


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Austin, TX (Law Firm Newswire) February 24, 2014 – The Texas Supreme Court will decide a $10 million dispute between property owners and Occidental Permian Ltd. over the valuation of natural gas production. The case questions whether a company can take deductions for the cost of carbon injection from the mineral royalties it pays to property owners. “Deductions for production costs and post-production costs are a common area of dispute between royalty owners and oil and gas producers,” says Gregory D. Jordan, an Austin oil and gas attorney not involved with the case. “It is extremely important for mineral and […]


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Los Angeles, CA (Law Firm Newswire) January 31, 2014 – Business method patents have been around for a long time, but they have only recently been issued in large numbers. “From 1997 to 2007, the number of business method patents issued by the United States Patent and Trademark Office (USPTO) increased from 1,000 to 11,000. Most of those patents were in the areas of finance and computer technology,” said Los Angeles patent attorney Jim Dawson. Some intellectual property experts are skeptical of the appropriateness of patenting methods of business. But for now, they represent important assets for many entities and […]


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St. Peters, MO (Law Firm Newswire) January 14, 2014 – Capital punishment spiked in Missouri during the last two months of 2013. Capital punishment is the ultimate price a criminal convict can pay. Use of the death penalty has been declining in the United States after rates peaked in 1999, when 98 executions took place within the year. But while the national numbers have gone down, the latest figures for Missouri are suddenly traveling in the opposite direction. In 2013, the United States matched a historic low for executions: 39. For the second time in 19 years, fewer than 40 […]


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