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.
Sunday, April 8, 2012
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.
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