News from the Legal Broadcast Network

DOMA Ruled Unconstitutional

The LBN Team — Thu, 31 May 2012 21:05:17 +0000

The federal appeals court in Boston struck down the Defense of Marriage Acton Thursday, ruling that the federal statute violates the constitutional rights of gay and lesbian married couples to equal treatment under the law.

John Edwards not guilty on 1 count...mistrial on 5 others

After 9 days of deliberation, a jury has found John Edwards not guilty on one of six charges of campaign finance corruption brought against him. A mistrial has been declared on the other five counts.

After initially announcing Thursday that it hadreached a unanimous verdict on only one of six charges against Edwards, the judge sent the jury back to continue deliberations on the remaining five counts. Shortly after that, the jurors said they were deadlocked on those counts, at which point the judge announced a verdict of not guilty on the third count against Edwards, which charged that he had accepted and received illegal campaign contributions in 2008 from Rachel "Bunny" Mellon.

The judge declared a mistrial on the remaining five counts.

Read more at CBS News

Judge Clears Texting Woman from Boyfriend's Lawsuit

The LBN Team — Thu, 31 May 2012 17:31:11 +0000

A New Jersey Superior Court judge ruled today that a woman who sent a text message to her boyfriend while he was driving cannot be held liable for the motor vehicle accident he subsequently caused. The decision stemmed from a 2009 case in which Kyle Best, 19, was responding to a text message from his girlfriend, Shannon Colonna, 19, while he was driving his pickup truck when he crashed into a motorcycle and severely injured David and Linda Kubert.

Judge Eugene Hyman says "The trial judge only addressed the "duty" aspect and didn't address the causation issue."

Supreme Court Rules No Social Security Benefits For Kids Conceived After Dad Died

The LBN Team — Thu, 31 May 2012 17:11:16 +0000

The U.S. Supreme Court ruled Monday that that a Florida man's children, conceived after his death through in vitro fertilization, are not entitled to Social Security survivors benefits. More than 100 similar cases are pending before the Social Security Administration, but Monday's ruling is unlikely to resolve most of them. Karen Capato's husband, Robert, was diagnosed with esophageal cancer in 2000. Fearing that his chemotherapy would leave him sterile, Robert deposited sperm at a fertility clinic before his cancer treatments began. When Robert's condition deteriorated, the couple planned to have Karen use the frozen sperm to conceive after Robert's death so their son would have siblings. Eighteen months after Robert's death at age 44, Karen gave birth to twins.

Judge Eugene Hyman says..."A will or trust could have solved this problem."

Tax Lawyer Robert Wood: Supreme Court Tells IRS 3 Years To Audit Is PLENTY!

The LBN Team — Mon, 28 May 2012 00:14:29 +0000

Even the IRS has limits. If you’ve ever been audited by the IRS, you may think going back three years is bad enough. The tax code generally allows the IRS to audit three years back, and six in some cases. The U.S. Supreme Court inU.S. v. Home Concrete & Supply, LLC has dramatically cut back on IRS reaches into six year territory. It’s a positively stunning result.

Read more at Forbes.com

Wood LLP

Study suggests more interview time needed for children to disclose abuse

The LBN Team — Thu, 24 May 2012 16:22:43 +0000

http://www.familylawchannel.com

While best practice guidelines generally recommend that in cases of suspected child sexual abuse it is preferable to use a single interview by a skilled forensic interviewer, for children who have difficulty disclosing in a single meeting more time might be required according to a news study. Judge Eugene Hyman says "this also has applications in domestic violence cases."

Dahrun Ravi sentenced: Judge Eugene Hyman

The LBN Team — Tue, 22 May 2012 22:07:11 +0000

http://www.familylawchannel.com......

A judge sentenced Dharun Ravi to 30 days in jail Monday for using a webcam to spy on his Rutgers University roommate having sex with a man. His roommate, Tyler Clementi, jumped to his death from the George Washington Bridge in September 2010, a few days after learning of the spying. Judge Eugene Hyman discusses the elements of the case and says "30 days seems very lenient in light of Ravi's lack of remorse during the trial."

Gay Marriage and Civil Rights

The LBN Team — Sun, 20 May 2012 22:12:05 +0000

Washington DC Democratic political consultant Brad Bannon writes:

"Thursday was a big day that mareds the eternal American quest for equality. On this day in 1954, U.S. Supreme Court announced its decision in Brown v Board of Education that declared that racial segregation was a violation of the equal protection clause in the 14th amendment of the Constitution. Today is also the anniversary of the day in 2004 when the first gay couple in the U.S. was legally married due to the Massachusetts’ Supreme Judicial Council’s ruling that the state could not discriminate against gay residents of the state."

California may ban employers from asking for Facebook passwords

The LBN Team — Thu, 17 May 2012 22:29:20 +0000

California is one step closer to becoming one of the first states to ban companies from asking job seekers and workers for their user names and passwords on Facebook and other social networking websites. The state Assembly on Thursday passed a bill sponsored by Assemblywoman Nora Campos (D-San Jose) that would make anything workers designate as private on social networks off-limits to employers. The bill, which passed the Assembly without a dissenting vote, now goes to the California Senate. Assembly Bill 1844 would not prevent employers from checking social networking websites for information that's publicly available. Employers frequently use social media to screen job applicants, but to avoid exposing themselves to liability, they generally stop short of asking to see private information, employment lawyers say. Judge Eugene Hyman says "Even though employers can't access social media passwords, there is plenty of information online."

Structured sales of farm land surge in Iowa and other Midwestern states

The LBN Team — Tue, 15 May 2012 18:12:57 +0000

Stan Harlan, one of the nations most experienced experts in structured settlements, was recently interviewed on Speaking of Settlements. The purpose of the interview was to look at the recent surge in interest regarding the use of structured sales to fund the installment sale of farm land in the mid-west, particularly in Iowa where Stan Harlan is located and many farmers are being offered substantial premiums to purchase their property.

Structured sales of farm land allows for the tax deferral of capital gains on the sale, transfer of the obligation to make future payments to a AA rated life insurance company and most importantly design a guaranteed cash flow for the seller that spreads the tax hit over years and decades, as opposed to simply paying a huge tax hit and attempting to invest what is left.

If you are looking for a means of structuring farm land sales in Iowa, please watch this excellent video featuring Stan Harlan of Summit Settlements.

EEOC transgender decision protects against job discrimination

The LBN Team — Mon, 07 May 2012 18:48:34 +0000

In a historic ruling, the U.S. Equal Employment Opportunity Commission has determined that job bias against transgender employees on the basis of gender identity amounts to sex discrimination under existing law. The determination came about as part of the resolution of a case filed by the Transgender Law Center on behalf of Mia Macy, a transgender woman who allegedly was denied a job as a ballistics technician at the federal Bureau of Alcohol, Tobacco, Firearms and Explosives laboratory in Walnut Creek, Calif., after she announced she was transitioning from male to female. Outten Goldens Carmelyn Malalis says "Though this appears to be an important decision...there is still a long way to go."