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Colombia court nixes military justice overhaul
Court News | 2013/10/25 15:56
In a stiff blow to the government, Colombia's highest court for constitutional questions on Wednesday struck down an expansion of the military justice system that human rights activists had said would lead to greater impunity for war criminals.

In a 5-4 decision not subject to appeal, the Constitutional Court nullified a constitutional amendment and pursuant statute that would have placed under the jurisdiction of an expanded military justice system all but seven types of violations of international humanitarian law involving armed forces personnel.

Currently, all human rights cases are supposed to be tried in civil court.

Magistrate Jorge Ivan Palacio read a statement saying the court found "procedural defects" in the change's journey through Congress, accepting the arguments of opposition lawmakers and a top human rights lawyer. The decision was not released.

Defense Minister Juan Carlos Pinzon called the ruling "a blow to the morale of the military forces that without doubt will affect Colombians' security." He said the government would consider submitting a revised military court overhaul, but gave no details.

President Juan Manuel Santos was seen as having pushed the change through Congress to win the backing of military leaders for peace talks that began last year with the country's main rebel group in Cuba.

Santos repeatedly insisted the legal change would not lead to impunity in war crimes, but such arguments did not persuade members of the U.S. Congress, which withheld at least $10 million in military aid in objection to the measure.


Employee Retirement Income Security Act (ERISA) Attorneys
Attorney News | 2013/10/25 15:56
Los Angeles Employee Retirement Income Security Act (ERISA) Claims Attorneys

Newport Beach Disability insurance, life insurance, annuity, health insurance attorneys can help you resolve your claims and disputes involving the Employee Retirement Income Security Act f 1974, also commonly known as ERISA. McKennon Law Group's main attorney Robert J. McKennon as recognized and awarded the "2013 Top Rated Lawyer in Labor & Employment” by American Lawyer Media and Martindale Hubbell, leading providers of news and rating information to the legal industry.

ERISA is a very complex area of the law and it is important you have an attorney who understands it. ERISA claims are the most common cases litigated in Federal Court, a court in which most lawyers are uncomfortable.  ERISA involves mandatory administrative appeals and strict deadlines and it is crucial  that you know your rights and that you hire an attorney early in the process after your claim has been denied and before your appeal is administered. Our experience in litigating ERISA cases are the top in the nation and in the Orange County regio. We will be the aggressive advocate for your case to obtain maximum success involving all manners of insurance disputes.

We have over 25 years of experience litigating ERISA cases involving life, health, disability and pension claims. Call or email us to schedule a free consultation.


Josef Cowan | Civil Litigation Construction Law Firm Los Angeles
Attorney News | 2013/10/25 15:55
Josef Cowan founded our firm over 20 years ago.  The following are some questions and answers that discuss his unique qualities and why so many individuals and businesses trust our firm with their legal and business needs.

Q.    Why did you become a lawyer?

A.    I’m the youngest of 6 kids raised by a single mother.  We didn’t have much money, so I started working in the construction industry at a very young age.  In fact, I started a construction business when I was 17 years old, and that company is still in existence and has over 400 employees.  The construction industry involves a huge number of legal issues in a wide variety of different areas.  I always found the legal issues fascinating and believed that a solid understanding of the law and ability to resolve complex issues is a huge advantage in business.

Q.    What inspired you to found the Cowan Law Group?

A.    When I originally went to law school, I intended to use my legal training to help me with the construction business I started.  However, I found I have a real passion for helping individuals and small to medium-sized companies resolve their legal and business problems in ways that make good business sense.

Q.    How is the Cowan Law group different from other law firms?

A.    There are far too many firms that provide little to no value to their clients, and many that create more problems than they resolve.   In many instances, the attorneys are good, smart people, but they don’t have the background or business savvy necessary to provide truly strategic, cost-effective legal solutions to their clients.  This is a real problem because a good attorney who understands not just the legal issues, but also his client’s business challenges and objectives, is a tremendous resource and strategic advantage.  With that in mind, I created the Cowan Law Group, whose main mission is to provide legal services that are smart, creative, and practical.

Q.    So what makes you a good lawyer and advisor?

A.    I have benefitted greatly from a first class college and legal education.  What I believe is even more important, however, is my life experience.  Starting at a very young age, I have had to overcome many challenges both personally and in business.  As a lawyer and advisor, these experiences have been invaluable because, through them, I have developed an ability to look at problems and challenges and know how to navigate through them in ways that are smart and effective.  

But what is most telling is what my clients say.  Over the course of my legal career, I have successfully resolved over $700 million of legal disputes in many different areas, including general business, real estate, construction, employment, and trade secret litigation, and I have handled a large number of business transactions.  My clients often tell me that I provide counseling that is practical and mindful of business priorities, and that I handle it all well.


Medical marijuana case headed to ND Supreme Court
Press Release | 2013/10/23 11:57
Two Dickinson residents who say that their prescriptions for medical marijuana from Washington state allowed them to have the drug in North Dakota have pleaded guilty to possession charges.

The conditional pleas from Brian Kuruc and his wife, Rebecca Larson, mean that they will be able to appeal to the state Supreme Court.

Kuruc and Larson were arrested in January at a Casselton motel. Their lawyers argued that the pot prescriptions should be a valid defense, even though North Dakota does not permit medicinal marijuana.

KFGO radio reports that Kuruc and Larson were sentenced Monday to the three days they've already served in jail. They also were fined a little less than $800 apiece, placed on probation for a year and ordered to turn over their marijuana prescription cards.


Justice's wheels slowed as shutdown hits courts
Press Release | 2013/10/14 13:55
The government shutdown is slowing the wheels of justice in federal courts by delaying civil cases, forcing prosecutors to operate with skeleton staffs and raising uncertainty about the system's immediate future if the stalemate continues past Thursday.

That's when federal courts officials expect the reserve funds they have been using since the Oct. 1 start of the shutdown will run out.

Criminal cases, which are required by law to go to a speedy trial, are still moving ahead, as are most bankruptcy cases and appeals. Civil cases and those in immigration court, however, are feeling the greatest impact from the shutdown.

"The Constitution tells us what we have to do and we can't control our workload. It walks in the door, whether we're funded or not funded," said U.S. District Court Chief Judge Loretta Preska in New York, who has put all civil cases except those already in trial on hold at the request of the U.S. Attorney there.

She said the nearly 450 district court employees that serve the New York metro area will report to work to keep criminal cases on track even if funds run out. Officials at courts based in San Francisco, Philadelphia and St. Louis, Mo., also say their employees will work.


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