Add To Favorites
Supreme Court Hears Case on Fatal Border Shooting
Headline Legal News | 2017/02/24 14:10
How a U.S. Border Patrol argent’s use of lethal force at the U.S-Mexican border implicates constitutional rights and foreign affairs dominated arguments at the U.S. Supreme Court on Tuesday in Hernandez v. Mesa. The lawyer arguing that the agent should be held liable had a rough day in front of the justices.

Both sides agree that while standing on American soil at the border on June 7, 2010, Border Patrol Agent Jesus Mesa fatally shot Sergio Hernandez, a 15-year-old Mexican national standing on the Mexican side. But then the factual accounts diverge.

According to Hernandez’s family, the teenager was playing with his friends near the border opposite El Paso, Texas, where the border runs through the middle of a concrete culvert. There is a fence on the U.S. side of the culvert.

According to Mesa and the federal government, Mesa was detaining one of Hernandez’s companions on the U.S. side of the border, when Hernandez and the other teenagers started throwing rocks at Hernandez. Mesa claims that the rocks posed a danger to his safety. He repeatedly ordered then to stop and back away, but they persisted. Finally Mesa fired in what he claims is self-defense, fatally striking Hernandez.

Hernandez’s family sued, and Mesa filed a motion to dismiss. Under the Federal Rules of Civil Procedure, when considering a motion to dismiss, a federal court must consider the plaintiff’s allegations as true when deciding whether to throw out the lawsuit versus letting it continue. The parties later present evidence to prove their version of the facts if the lawsuit goes forward, but when deciding whether to end the case before it gets started, judges must consider only plaintiff’s version.



Supreme Court won't hear Ohio man's Amish hair-cutting case
Attorney News | 2017/02/24 14:09
The U.S. Supreme Court won't review the case of the Ohio leader of a breakaway group that was accused in hair- and beard-cutting attacks on fellow Amish.

Defense lawyers challenged the constitutionality of the federal hate crimes law and how a kidnapping allegation was used to stiffen the sentence for 71-year-old Samuel Mullet Sr. He petitioned the Supreme Court after a federal court rejected his appeal last May.

Mullet's attorney, Ed Bryan, told Cleveland.com he is disappointed by the high court's decision this week not to take up the case.

Prosecutors said some of the victims in the 2011 attacks were awakened in the middle of the night and restrained as others cut their hair and beards, which have spiritual significance in the Amish faith. Prosecutors alleged the motive was religious, while the defense attributed it to family disputes.

Mullet, who led a group in the eastern Ohio community of Bergholz near the West Virginia panhandle, was accused of orchestrating the attacks. Despite arguments that he wasn't present during the hair-cuttings, he received an 11-year sentence.


US appeals court upholds Maryland assault weapons ban
Videos for Legal Insight | 2017/02/23 14:10
Maryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.

In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Va., said the guns banned under Maryland's law aren't protected by the Second Amendment.

"Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.

Maryland Attorney General Brian Frosh, who led the push for the law in 2013 as a state senator, said it's "unthinkable that these weapons of war, weapons that caused the carnage in Newtown and in other communities across the country, would be protected by the Second Amendment."

"It's a very strong opinion, and it has national significance, both because it's en-banc and for the strength of its decision," Frosh said, noting that all of the court's judges participated.

Judge William Traxler issued a dissent. By concluding the Second Amendment doesn't even apply, Traxler wrote, the majority "has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms." He also wrote that the court did not apply a strict enough review on the constitutionality of the law.


High court ruling limits international reach of patent laws
Videos for Legal Insight | 2017/02/22 14:10
The Supreme Court on Wednesday sided with California-based Life Technologies Corp. in a patent infringement case that limits the international reach of U.S. patent laws.

The justices ruled unanimously that the company's shipment of a single part of a patented invention for assembly in another country did not violate patent laws.

Life Technologies supplied an enzyme used in DNA analysis kits to a plant in London and combined it with several other components to make kits sold worldwide. Wisconsin-based Promega Corp. sued, arguing that the kits infringed a U.S. patent.

A jury awarded $52 million in damages to Promega. A federal judge set aside the verdict and said the law did not cover export of a single component.

The federal appeals specializing in patent cases reversed and reinstated the verdict.

Patent laws are designed to prevent U.S. companies from mostly copying a competitor's invention and simply completing the final phase overseas to skirt the law. A violation occurs when "all or a substantial portion of the components of a patent invention" are supplied from the United States to a foreign location.

Writing for the high court, Justice Sonia Sotomayor said the law addresses only the quantity of components, not the quality. That means the law "does not cover the supply of a single component of a multicomponent invention," Sotomayor said.

Only seven justices took part in the ruling. Chief Justice John Roberts heard arguments in the case, but later withdrew after discovering he owned shares in the parent company of Life Technologies.



[PREV] [1][2][3][4][5].. [345] [NEXT]








All
Legal News
Law Firm News
Attorney News
Headline Legal News
Lawyer Blog Post
Videos for Legal Insight
Legal Business
Court News
Court Watch
Legal Interview
Topics in Legal News
Press Release
Opinions
Legal Marketing
Politics & Legal
Law School News
Supreme Court Hears Case on Fatal Bo..
Supreme Court won't hear Ohio man's ..
US appeals court upholds Maryland as..
High court ruling limits internation..
Court: Florida Docs Allowed to Ask P..
Trial court election changes conside..
Court: Missouri not required to name..
Wisconsin Supreme Court to hear open..
German court excludes Jewish brother..
Appeals court won't re-hear the 'dus..
Graft conviction keeps south Indian ..
Court: Police executing 'no-knock' w..
NC court blocks law stripping govern..
Supreme Court nominee has defended f..
Partisan struggle over NC governor's..
Kenya court blocks closing of world'..
Rolling Stone defamation case over r..
Philippine president's drug crackdow..
Court orders Wisconsin Legislature t..
   Lawyer & Law Firm Links
Canton Criminal Lawyer
Canton DUI lawyer
www.cantoncriminalattorney.com
Arizona Traffic Lawyer
Arizona Truck Driver Citations
www.azdriverdefense.com
Bankruptcy Attorney Eugene
Eugene Bankruptcy Attorney
www.willamettevalleybankruptcy.com
Personal Injury Website Designs
www.webpromo.com
Oregon Family Law Attorney
Divorce Lawyer Eugene. Family Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
  Facebook/lawfirmwebdesign
 
 
Disclaimer: The content contained on the web site has been prepared by legalmarketinginsight.com as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. The Legal Marketing Firm is a specialized internet marketing agency that has been providing the legal community with internet legal marketing services. Law Firm Website Design by Legal Web Design That Works