Archive for ""
Monday, July 12th, 2010
Source: Profiles In Law
Having been born in Canada, Mr. Fountas successfully applied for and received permanent residency in the US. The experience taught him how complex and difficult it was. He did it legally every step of the way and he discovered that he wanted to help others become legal citizens and obtain permanent residence. immigration attorney in [...]
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Monday, July 12th, 2010
Source: ABA Journal Top Stories
A Manhattan judge has dismissed a $10 million lawsuit filed by a model who objected to the “lascivious use of her photo” in the comedy movie Couples Retreat. The judge noted that model Irina Krupnik signed a contract waiving her rights to control the photo, report the Associated Press and the New York Daily News. A stock photo agency sold it to the filmmakers. Krupnik had claimed in the suit that she was horrified to learn her bikini photo was used as a "masturbatory prop" in the movie. She sought damages for invasion of privacy and defamation. Krupnik’s lawyer was…
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Monday, July 12th, 2010
Source: ABA Journal Top Stories
The Swiss government has rejected a U.S. request for the extradition of director Roman Polanski, accused of having sex in 1977 with a 13-year-old girl. Polanski, 76, had been under House arrest in Switzerland, but now “the freedom-restricting measures have been revoked,” according to a statement by the Swiss Justice Ministry quoted by the Associated Press, the New York Times blog Arts Beat and Bloomberg. Polanski had fled the United States in 1978 before he was sentenced for unlawful sex with a minor. As part of his effort to fight extradition, Polanski’s lawyers had accused the now-deceased judge in the…
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Monday, July 12th, 2010
Source: ABA Journal Top Stories
A South Texas College of Law graduate has filed a new breach of contract suit against a lawyer who promised to pay $1 million to anyone who could prove the prosecution’s theory of a case against his client. Former law student Dustin Kolodziej filed suit late last month in federal court in Atlanta, the city where he drove from an airport to a La Quinta Inn in less than 30 minutes in an effort to fulfill what he says was an oral contract, according to stories in the Atlanta Journal-Constitution and Courthouse News Service. Kolodziej says Florida criminal defense lawyer…
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Monday, July 12th, 2010
Source: Federal Employment Law Articles
The Americans with Disabilities Act defines a disabled individual as a person who suffers from a physical or mental impairment that substantially limits one or more major life activities, or has a record of such impairment, or is being regarded as having such impairment. The “regarded as” provision was established to combat erroneous perceptions that might work to the disadvantage of individuals with impairments that might not rise to the level of an actual disability. The 8th U.S. Circuit Court of Appeals recently upheld summary judgment in favor of an employer who discharged an individual after that person’s physician found that she was not “fit for duty” as an emergency dispatcher. Wisbey v. City of Lincoln, Nebraska, 8th Circ., No. 09-2100, July 6, 2010. There, the court held that if an action taken by an employer is based upon the recommendation of physicians, then it is not based on myths or stereotypes about impaired individuals, and cannot then establish a violation of the “regarded as” provision of the ADA.
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Monday, July 12th, 2010
Source: Federal Employment Law Articles
In the case of City of Ontario California v. Quon, 560 U.S. ___ (2010), the Supreme Court held that a public employer's review of an employee's text messages sent via an employer-provided pager did not violate the Fourth Amendment's prohibition on unreasonable searches and seizures under the circumstances of the case. Though the Court issued a narrow, fact-specific opinion that expressly avoided deciding certain issues, the case provides important lessons for public and private employers in addressing employees' personal use of employer-provided electronic communication devices.
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Monday, July 12th, 2010
Source: Federal Employment Law Articles
The Patient Protection Act and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, has added a new limitation to the Internal Revenue Code with respect to deductions for compensation expenses. New Section 162(m)(6) provides for a $500,000 annual limit on deductions for compensation paid by “covered health insurance providers” for tax years beginning on or after January 1, 2013. This new provision also applies to compensation paid by these providers that is earned on or after December 31, 2009, but is not paid until January 1, 2013, or later.
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