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.
Thursday, November 8, 2012
Wednesday, October 17, 2012
Indiana Personal Injury & Wrongful Death
Personal Injury and wrongful deaths can take a toll of family members. We are an Indianapolis based personal injury law firm skilled to litigate and negotiate complex personal injury cases. Our attorneys will bring you justice if you or a loved one has been hurt by a negligent party.
Personal injury matters we often handle include:
Serious Motor Vehicle Accidents - We represent individuals and their families who have been seriously injured or killed as a result of the negligence, carelessness, or recklessness of others in automobile, truck, motorcycle, semi-truck, and tractor-trailer accidents.
Traumatic Brain Injury - An unexpected blow to the head may cause a traumatic brain injury. Most commonly, this occurs in auto, motorcycle, or truck accidents. The sudden slowing of the head, which causes the brain to strike the skull without the skull ever striking any object, can also cause a brain injury.
Wrongful Death - A wrongful death is any death that occurs as the result of any personal injury matter. Typically, a husband, wife, child, or parent of the deceased may make a claim.
Construction Accident Personal Injury
Medical Malpractice - Medical malpractice or negligence may occur when a healthcare professional acts in a manner that deviates from the accepted standard of care in the medical community.
Products Liability - We assist individuals who have been injured as a result of a dangerous, defective, or unsafe product that was designed, manufactured, sold, or furnished by a person or company.
What is considered a Personal Injury Accident?
Personal injury accidents occur through the negligent action or inaction of another person or group. Personal injury encompasses a broad range of cases, from dangerous prescription drugs to car crashes. Any case in which one person is hurt by another person's or company’s negligent or wrongful action (or inaction) may be considered personal injury. Most personal injuries include physical, emotional, and financial hardships. If you or a family member has been the victim of personal injury, our Indianapolis personal injury lawyers and wrongful death attorneys can help you get the compensation you deserve.
Contact Us for a Complimentary Consultation
If you have been involved in a personal injury accident, please contact the Indiana personal injury attorneys at Price Waicukauski & Riley, LLC, to schedule a free initial consultation. There is no cost unless we achieve a recovery for your case. http://www.price-law.com/practice-areas/personal-injury
Personal injury matters we often handle include:
Serious Motor Vehicle Accidents - We represent individuals and their families who have been seriously injured or killed as a result of the negligence, carelessness, or recklessness of others in automobile, truck, motorcycle, semi-truck, and tractor-trailer accidents.
Traumatic Brain Injury - An unexpected blow to the head may cause a traumatic brain injury. Most commonly, this occurs in auto, motorcycle, or truck accidents. The sudden slowing of the head, which causes the brain to strike the skull without the skull ever striking any object, can also cause a brain injury.
Wrongful Death - A wrongful death is any death that occurs as the result of any personal injury matter. Typically, a husband, wife, child, or parent of the deceased may make a claim.
Construction Accident Personal Injury
Medical Malpractice - Medical malpractice or negligence may occur when a healthcare professional acts in a manner that deviates from the accepted standard of care in the medical community.
Products Liability - We assist individuals who have been injured as a result of a dangerous, defective, or unsafe product that was designed, manufactured, sold, or furnished by a person or company.
What is considered a Personal Injury Accident?
Personal injury accidents occur through the negligent action or inaction of another person or group. Personal injury encompasses a broad range of cases, from dangerous prescription drugs to car crashes. Any case in which one person is hurt by another person's or company’s negligent or wrongful action (or inaction) may be considered personal injury. Most personal injuries include physical, emotional, and financial hardships. If you or a family member has been the victim of personal injury, our Indianapolis personal injury lawyers and wrongful death attorneys can help you get the compensation you deserve.
Contact Us for a Complimentary Consultation
If you have been involved in a personal injury accident, please contact the Indiana personal injury attorneys at Price Waicukauski & Riley, LLC, to schedule a free initial consultation. There is no cost unless we achieve a recovery for your case. http://www.price-law.com/practice-areas/personal-injury
Monday, August 6, 2012
Ga. court ruling could tighten foreclosure rules
A court ruling in Georgia could force those foreclosing on homes to disclose who actually owns the loan.
The Atlanta Journal-Constitution reports that the July 12 ruling by the Georgia Court of Appeals applies mostly to foreclosures that happened from 2008 to 2011. It could leave banks vulnerable to lawsuits filed by those who lost their homes. It could also have consequences for ongoing foreclosures.
The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. The notice must also reflect whether it was sent by the secured creditor or someone acting on the creditor's behalf.
Many lenders sell their loans to mortgage services that handle paperwork but don't own the loans.
The Atlanta Journal-Constitution reports that the July 12 ruling by the Georgia Court of Appeals applies mostly to foreclosures that happened from 2008 to 2011. It could leave banks vulnerable to lawsuits filed by those who lost their homes. It could also have consequences for ongoing foreclosures.
The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. The notice must also reflect whether it was sent by the secured creditor or someone acting on the creditor's behalf.
Many lenders sell their loans to mortgage services that handle paperwork but don't own the loans.
Thursday, June 14, 2012
Indianapolis General Litigation Law Firm - Riley Bennett & Egloff, LLP
We represent clients in actions pending in Indiana state trial courts, before the Indiana Court of Appeals and the Indiana Supreme Court, in federal District Courts all over the United States, and before the U.S. Court of Appeals for the Seventh Circuit.
Insurance Defense
Our attorneys provide a full spectrum of legal services to insurance carriers, including the defense of claims in the areas of products liability, environmental and toxic substance law, officers’ and directors’ liability, worker’s compensation claims, and general personal injury and property damage claims, including catastrophic claims arising out of construction site accidents. Our attorneys also defend professional negligence and malpractice claims asserted against accountants, attorneys, insurance agents, real estate brokers, physicians, dentists, hospitals and other health care professionals.
Riley Bennett & Egloff Law is acknowledged as one of the premier firms in general litigation and are trusted advisors to their clients in matters ranging from pre-litigation strategy to the decision of when to try their cases. Their lawyers are experience in trying and winning their most important disputes and consistently help fight the rights for victims in the industry. Representing clients all over Indiana, Riley Bennet & Egloff Law have the success record to show. Visit www.rbelaw.com to see more.
Insurance Defense
Our attorneys provide a full spectrum of legal services to insurance carriers, including the defense of claims in the areas of products liability, environmental and toxic substance law, officers’ and directors’ liability, worker’s compensation claims, and general personal injury and property damage claims, including catastrophic claims arising out of construction site accidents. Our attorneys also defend professional negligence and malpractice claims asserted against accountants, attorneys, insurance agents, real estate brokers, physicians, dentists, hospitals and other health care professionals.
Riley Bennett & Egloff Law is acknowledged as one of the premier firms in general litigation and are trusted advisors to their clients in matters ranging from pre-litigation strategy to the decision of when to try their cases. Their lawyers are experience in trying and winning their most important disputes and consistently help fight the rights for victims in the industry. Representing clients all over Indiana, Riley Bennet & Egloff Law have the success record to show. Visit www.rbelaw.com to see more.
Wednesday, June 13, 2012
High court protects Secret Service agents
The Supreme Court ruled Monday that two Secret Service agents are shielded from a lawsuit filed by a man they arrested after a confrontation with then-Vice President Dick Cheney.
The 8-0 decision comes in a case that began with the arrest of Steven Howards following a chance encounter with Cheney at a shopping center in Colorado in 2006. Howards claimed he was arrested because he expressed his anti-war views.
The agents and the Obama administration asked the court for broad protection against claims of retaliatory arrests. The justices did not grant that wish.
But Justice Clarence Thomas said in his opinion for the court that the agents could not be sued in this instance because of uncertainty about the state of the law concerning such arrests.
The decision reversed a ruling by the 10th U.S. Circuit Court of Appeals in Denver to allow Howards' lawsuit to go forward.
Howards, of Golden, Colo., was detained by Cheney's security detail after he told Cheney of his opposition to the war in Iraq. Howards also touched Cheney on the shoulder, then denied doing so under questioning. The appeals court said the inconsistency gave the agents reason to arrest Howards.
Sunday, May 13, 2012
Ex-transit cop asks court to overturn conviction
A former California transit officer who fatally shot an unarmed man on an Oakland train platform in 2009 urged an appeals court Wednesday to overturn his involuntary manslaughter conviction, saying that letting it stand would place police under an increased threat of prosecution for making mistakes.
Johannes Mehserle, who worked for the Bay Area Rapid Transit, has long said he mistakenly drew his gun instead of his Taser when he shot 22-year-old Oscar Grant to death during an early morning melee on New Year's Day.
The shooting ignited civil unrest after it was captured on video and images of the white Mehserle shooting the black Grant in the back were repeatedly broadcast on television and the Internet.
On Wednesday, Mehserle's lawyer Dylan Schaffer said the shooting was a tragic mistake but not involuntary manslaughter, as decided by a jury in May 2010 after prosecutors sought a murder conviction.
Schaffer said such mistakes were usually resolved with lawsuits, and police officers need protection from criminal prosecution in such cases if they are to do their jobs properly.
Johannes Mehserle, who worked for the Bay Area Rapid Transit, has long said he mistakenly drew his gun instead of his Taser when he shot 22-year-old Oscar Grant to death during an early morning melee on New Year's Day.
The shooting ignited civil unrest after it was captured on video and images of the white Mehserle shooting the black Grant in the back were repeatedly broadcast on television and the Internet.
On Wednesday, Mehserle's lawyer Dylan Schaffer said the shooting was a tragic mistake but not involuntary manslaughter, as decided by a jury in May 2010 after prosecutors sought a murder conviction.
Schaffer said such mistakes were usually resolved with lawsuits, and police officers need protection from criminal prosecution in such cases if they are to do their jobs properly.
Sunday, April 8, 2012
Court upholds time limit for clergy abuse claims
California's highest court sided with Oakland's Roman Catholic bishop and refused Thursday to reinstate a lawsuit brought by six brothers who allege they were molested by a priest during the 1970s.
The ruling could doom at least eight other pending cases involving decades-old clergy abuse claims.
The California Supreme Court ruled 5-2 that the brothers had waited too long to bring their abuse claims involving the priest, Donald Broderson, who was forced to retire amid similar allegations in 1993 and died in 2010.
The state Legislature opened a one-year window for old clergy abuse complaints in 2003, and the men lost their chance to sue the diocese that hired Broderson as an associate pastor in Hayward when that timeframe ended, the court said.
"Although we are unreservedly sympathetic to the plight of persons who were subjected to childhood sexual abuse, we note that the preexisting limitations period, along with the one-year revival period ... afforded victims a very considerable time following the abuse in which to come to maturity, or even middle age, and discover the claim," Chief Justice Tani Cantil-Sakauye wrote for the majority.
Catholic dioceses and religious orders in California already have paid more than $1.1 billion since 2006 to settle child abuse lawsuits filed since the church clergy scandal erupted a decade ago.
Lawyers for the brothers in the Oakland case contended the time limit did not apply to the men because they did not make the link between their psychological problems as adults and what happened to them as children until after the filing window closed.
The ruling could doom at least eight other pending cases involving decades-old clergy abuse claims.
The California Supreme Court ruled 5-2 that the brothers had waited too long to bring their abuse claims involving the priest, Donald Broderson, who was forced to retire amid similar allegations in 1993 and died in 2010.
The state Legislature opened a one-year window for old clergy abuse complaints in 2003, and the men lost their chance to sue the diocese that hired Broderson as an associate pastor in Hayward when that timeframe ended, the court said.
"Although we are unreservedly sympathetic to the plight of persons who were subjected to childhood sexual abuse, we note that the preexisting limitations period, along with the one-year revival period ... afforded victims a very considerable time following the abuse in which to come to maturity, or even middle age, and discover the claim," Chief Justice Tani Cantil-Sakauye wrote for the majority.
Catholic dioceses and religious orders in California already have paid more than $1.1 billion since 2006 to settle child abuse lawsuits filed since the church clergy scandal erupted a decade ago.
Lawyers for the brothers in the Oakland case contended the time limit did not apply to the men because they did not make the link between their psychological problems as adults and what happened to them as children until after the filing window closed.
Tuesday, March 13, 2012
Indianapolis Business and Trial Lawyer - Bryce H. Bennett, Jr.
Since 1978, Bryce Bennett has represented businesses, including
insurance companies, product manufacturers, construction contractors,
real estate and development companies, hospitals, nursing homes, and
transportation companies as well as professionals, including doctors,
lawyers, insurance and real estate agents, professional and fraternal
associations, political subdivisions and municipalities including the
City of Indianapolis in thousands of matters, many litigated to
conclusion through dispositive motions, negotiated settlements,
mediations, arbitrations and numerous bench and jury trials in State and
Federal courts.
Bryce H. Bennett, Jr. is an experienced director of business entities, serving in leadership positions on many corporate and non-profit boards. Mr. Bennett was recognized for his work and was the keynote speaker for Indiana University Kelley School of Business MBA graduates and has been published and acknowledged in an article in the Indiana Lawyer. His experience representing businesses have shown favorable results for his clients. Contact Riley Bennett & Egloff, LLP today to schedule a free consultation.
Bryce H. Bennett, Jr. is an experienced director of business entities, serving in leadership positions on many corporate and non-profit boards. Mr. Bennett was recognized for his work and was the keynote speaker for Indiana University Kelley School of Business MBA graduates and has been published and acknowledged in an article in the Indiana Lawyer. His experience representing businesses have shown favorable results for his clients. Contact Riley Bennett & Egloff, LLP today to schedule a free consultation.
Court: Rights don't have to be read to prisoners
The Supreme Court said Tuesday investigators don't have to read Miranda
rights to inmates during jailhouse interrogations about crimes unrelated
to their current incarceration.
The high court, on a 6-3 vote, overturned a federal appeals court decision throwing out prison inmate Randall Lee Fields' conviction, saying Fields was not in "custody" as defined by Miranda and therefore did not have to have his rights read to him.
"Imprisonment alone is not enough to create a custodial situation within the meaning of Miranda," Justice Samuel Alito wrote in the court's majority opinion.
Three justices, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, dissented and said the court's decision would limit the rights of prisoners.
"Today, for people already in prison, the court finds it adequate for the police to say: 'You are free to terminate this interrogation and return to your cell,'" Ginsburg said in her dissent. "Such a statement is no substitute for one ensuring that an individual is aware of his rights."
Miranda rights come from a 1966 decision that involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.
Previous court rulings have required Miranda warnings before police interrogations for people who are in custody, which is defined as when a reasonable person would think he cannot end the questioning and leave.
The high court, on a 6-3 vote, overturned a federal appeals court decision throwing out prison inmate Randall Lee Fields' conviction, saying Fields was not in "custody" as defined by Miranda and therefore did not have to have his rights read to him.
"Imprisonment alone is not enough to create a custodial situation within the meaning of Miranda," Justice Samuel Alito wrote in the court's majority opinion.
Three justices, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, dissented and said the court's decision would limit the rights of prisoners.
"Today, for people already in prison, the court finds it adequate for the police to say: 'You are free to terminate this interrogation and return to your cell,'" Ginsburg said in her dissent. "Such a statement is no substitute for one ensuring that an individual is aware of his rights."
Miranda rights come from a 1966 decision that involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.
Previous court rulings have required Miranda warnings before police interrogations for people who are in custody, which is defined as when a reasonable person would think he cannot end the questioning and leave.
Wednesday, February 29, 2012
Ousted Ind. official sentenced in voter fraud case
Indiana's ousted top elections official was sentenced Thursday to a year
of home detention for six felony convictions that a judge refused to
reduce to lesser crimes — a ruling that, if upheld on appeal, will
likely cost him not only his office but also his law license and
livelihood.
Hamilton Superior Court Judge Steven Nation said the intentional disregard that Secretary of State Charlie White showed for the law outweighed portrayals of him as a loving father and husband. The judge refused to reduce the six felony convictions to misdemeanors that would have given the 42-year-old Republican a chance to hold onto his office.
"I believe he violated the trust of the people," Nation said.
White told the judge he would appeal the one year's detention on each of the six felonies, to be served concurrently, and Nation stayed the sentence pending that. The judge also fined White $1,000 and ordered him to serve 30 hours of community service.
But White, his wife, and his attorney said his legal problems have cost him much more than part of his freedom and his political and legal career. Defense attorney Carl Brizzi said White and his wife, Michelle, have stopped making mortgage payments on the condo that was at the heart of his legal troubles and likely will lose ownership of it. White said his assets have dwindled to whatever equity he might have in the home and small stock and bank accounts and a 5-year-old, beat-up Jaguar automobile.
Hamilton Superior Court Judge Steven Nation said the intentional disregard that Secretary of State Charlie White showed for the law outweighed portrayals of him as a loving father and husband. The judge refused to reduce the six felony convictions to misdemeanors that would have given the 42-year-old Republican a chance to hold onto his office.
"I believe he violated the trust of the people," Nation said.
White told the judge he would appeal the one year's detention on each of the six felonies, to be served concurrently, and Nation stayed the sentence pending that. The judge also fined White $1,000 and ordered him to serve 30 hours of community service.
But White, his wife, and his attorney said his legal problems have cost him much more than part of his freedom and his political and legal career. Defense attorney Carl Brizzi said White and his wife, Michelle, have stopped making mortgage payments on the condo that was at the heart of his legal troubles and likely will lose ownership of it. White said his assets have dwindled to whatever equity he might have in the home and small stock and bank accounts and a 5-year-old, beat-up Jaguar automobile.
Eugene Family Law Firm - MJM Law Office, P.C.
MJM Law Office, P.C.
represents men and women throughout Lane County and surrounding areas in
family law cases. Mr. Mizejewski understands the emotional turmoil that
can accompany a change in your family dynamics, and he strives to
protect your interests. Working in the Eugene, Oregon area, MJM Law
Office represents most family law matters including: divorce, child
custody, parenting time, child/spousal support, domestic violence, and
juvenile dependency and delinquency. Oregon’s divorce laws are codified
in Chapter 107 of the Oregon Revised Statutes. Oregon is a no-fault
divorce state, which means that the only legal reason required to file a
divorce is that you and your spouse cannot get along, and you see no
way of settling your problems. The legal term for this is
"irreconcilable differences." No evidence of fault or misconduct is
required or involved, unless there has been misconduct relating to child
custody.
MJM Law Office is an experienced family law firm located in Eugene, Oregon and consistently fight hard for the rights of the victims of family matters and cases. Their attorneys are able to ease one of the most emotionally draining and difficult experiences and ensure that your rights are protected. Let them help you prepare for the future and move on with your life. Visit mjmlawoffice.com for more information.
MJM Law Office is an experienced family law firm located in Eugene, Oregon and consistently fight hard for the rights of the victims of family matters and cases. Their attorneys are able to ease one of the most emotionally draining and difficult experiences and ensure that your rights are protected. Let them help you prepare for the future and move on with your life. Visit mjmlawoffice.com for more information.
Federal Law Entitles You to an Accurate Credit Report
The Fair Credit Reporting Act (the FCRA), a federal statute passed in 1970 to regulate the collection and use of consumer credit information, requires consumer reporting agencies (also known as credit reporting agencies or credit bureaus) to maintain the “maximum possible accuracy” of the credit information they collect and use to create consumer reports (also known as credit reports). When a consumer reporting agency fails to maintain this level of accuracy and errors occur, this federal law gives consumers the right to dispute information in their credit files and, when necessary, bring suit against those agencies and the furnishers of credit information to those agencies, to recover damages for those inaccuracies and errors.
Riley Bennett & Egloff Law combines experience and efficiency in credit reporting law to render their clients high quality legal representation. Their attorneys represents cosumers whose rights have been violated by the credit reporting agencies and runishers of credit information. Having represented a number of parties involved with these kinds of claims in federal court, their work has been acknowledged throughout the Indianapolis area. See www.rbelaw.com.
Driver acquitted in deadly Megabus crash in NY
A bus driver was acquitted Tuesday of homicide charges in the deaths of
four passengers killed when his double-decker crashed into an overpass
in upstate New York.
A judge announced the verdict after a non-jury trial for 60-year-old John Tomaszewski of Yardville, N.J. Tomaszewski would have faced up to four years in state prison on each of four counts of criminally negligent homicide. He sat with his head bowed and showed no reaction as Onondaga County Court Judge Anthony Aloi read the verdict.
"It was a tragic accident and four people lost their lives," Tomaszewski said as he left court. "It's something I'll have to deal with the rest of my life."
There were 29 passengers on the Megabus when the top of the bus hit the railroad bridge in Salina, just outside Syracuse, early on the morning of Sept. 11, 2010.
Tomaszewski was driving from Philadelphia to Toronto with a planned stop at the Regional Transportation Center in Syracuse when he missed an exit from Interstate 81 and ended up on the parkway instead.
Assistant District Attorney Chris Bednarksi said during the trial that Tomaszewski was using a personal GPS device as he tried to find his way to the bus station and passed 13 low-bridge warning signs, some with flashing yellow lights, before the wreck.
A judge announced the verdict after a non-jury trial for 60-year-old John Tomaszewski of Yardville, N.J. Tomaszewski would have faced up to four years in state prison on each of four counts of criminally negligent homicide. He sat with his head bowed and showed no reaction as Onondaga County Court Judge Anthony Aloi read the verdict.
"It was a tragic accident and four people lost their lives," Tomaszewski said as he left court. "It's something I'll have to deal with the rest of my life."
There were 29 passengers on the Megabus when the top of the bus hit the railroad bridge in Salina, just outside Syracuse, early on the morning of Sept. 11, 2010.
Tomaszewski was driving from Philadelphia to Toronto with a planned stop at the Regional Transportation Center in Syracuse when he missed an exit from Interstate 81 and ended up on the parkway instead.
Assistant District Attorney Chris Bednarksi said during the trial that Tomaszewski was using a personal GPS device as he tried to find his way to the bus station and passed 13 low-bridge warning signs, some with flashing yellow lights, before the wreck.
Sydney Criminal Lawyers - Sydney criminal defence lawyers
Sydney Criminal Lawyers are a
team of professional, experienced and highly respected specialist
criminal and traffic defence lawyers. With two offices located in
Sydney's Downing Centre Courts, our team of attorneys consistently
achieve outstanding results in different criminal cases throughout the
NSW area. We are the only criminal law firm to offer an "Accredited
Specialist Guarantee" which means we will represent you on all important
court days by the very best criminal or traffic lawyer in our firm.
Additionally, we offer a great fixed fee-no hidden costs for our clients
who are on a budget. Sydney Criminal Lawyers is the only accredited
criminal law firm to offer these fixed fees for a wide range of criminal
law services. Our results speak for themselves and we are the legal
experts here to defend for your freedom to get you back on the road and
on with your life as soon as possible.
At Sydney Criminal Lawyers, their attorneys have extensive experience in a wide range of criminal cases. With their comprehensive knowledge of drink driving, drug, and assault laws, their ability to defend their clients and win criminal cases have shown a proven track record. They care and understand how important a clean record is and will fight for their clients to secure favorable results. We have a winning attitude that will help ease your stresses.
At Sydney Criminal Lawyers, their attorneys have extensive experience in a wide range of criminal cases. With their comprehensive knowledge of drink driving, drug, and assault laws, their ability to defend their clients and win criminal cases have shown a proven track record. They care and understand how important a clean record is and will fight for their clients to secure favorable results. We have a winning attitude that will help ease your stresses.
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