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.
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