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NJ court overturns award for view lost to dune
Headline Legal News | 2013/07/09 00:30
New Jersey's highest court on Monday overturned a $375,000 jury award given to an elderly couple who complained that a protective sand dune behind their house blocked their ocean views.

In a ruling seen as a wider victory for towns that want to build barriers to protect themselves from catastrophic storms, the state Supreme Court faulted a lower court for not allowing jurors to consider the dune's benefits in calculating its effect on property value. The high court ruled that those protective benefits should have been considered along with the loss of the ocean views.

The sand dune in question saved the elderly couple's home from destruction in Superstorm Sandy in October.

The 5-year-old case is being closely watched at the Jersey shore, which was battered by Sandy. Officials want to build protective dune systems along the state's entire 127-mile coastline, but towns fear they won't be able to if many homeowners hold out for large payouts as compensation for lost views.



Court rejects cat hoarders' appeal of convictions
Court Watch | 2013/07/08 00:31
The Montana Supreme Court has denied the appeal of a northwestern Montana couple's conviction of aggravated cruelty to animals after 116 cats were found living in filthy, snowbound trailers.

The Daily Inter Lake reports the court announced the decision July 2 involving Edwin and Cheryl Criswell.

The cats were found in December 2010 and a jury the following year found the couple guilty. In October 2011 Cheryl Criswell received a two-year sentence deferred over six years. Edwin Criswell received a two-year suspended sentence but later violated his probation by testing positive for marijuana and methamphetamine. In January he was sentenced to two years in prison.

In September 2006, the Criswells entered Alford pleas to 10 counts of misdemeanor animal cruelty in northern Idaho in what officials then called the largest animal hoarding case in state history involving 430 animals.

In the Montana case, the Criswells contended they were wrongly convicted because during the trial Flathead County Deputy Attorney Ken Park called them "professional freeloaders," prejudicing the jury.



Adoption case returns to SC from US Supreme Court
Court News | 2013/07/02 10:41
The U.S. Supreme Court is pushing South Carolina courts to quickly take up a custody case that will decide whether a Native American girl's life will be with her biological father in Oklahoma or the South Carolina couple who adopted her.

A divided U.S. Supreme Court ruled Tuesday that federal law doesn't require that the girl named Veronica stay with her biological father, but also doesn't give her adoptive parents immediate custody of the now 3-year-old child.

The high court issued an order Friday speeding up the case being sent back to South Carolina's Supreme Court.

Melanie and Matt Capobianco of James Island had lost in South Carolina courts before the nation's highest court ruled the Indian Child Welfare Act didn't apply because the biological father never had custody of the child and abandoned her before birth.

Dusten Brown, a member of the Cherokee Nation, invoked the federal law to stop the adoption arranged by the girl's non-Indian mother when she was pregnant. The Capobiancos were was present at Veronica's birth in Oklahoma. Brown had never met his daughter and, after the mother rebuffed his marriage proposal, played no role during the pregnancy and paid no child support after Veronica was born.

But when Brown found out Veronica was going to be adopted, he objected and said the law favored the girl living with him and growing up with tribal traditions.

South Carolina courts sent Veronica back to Oklahoma at the end of 2011, even though she had lived with the Capobiancos for the first 27 months of her life.


San Diego, California - Personal Injury Law
Attorney News | 2013/06/25 12:44
When you or a loved one has been injured and need professional help with your personal injury case, McDonnell Law is here for you. Getting injured due to negligence can have serious consequences and should not be determine your future. It is important to hire a skilled attorney on your behalf to fight for every right to get justice served.We will answer all your concerns and questions regarding your specific case in order to determine if you are qualified to file for a personal injury lawsuit. There is no case too big or too challenging for us, and we will give the attention you deserve. Our firm specializes in getting claims resolved and fighting for compensation rights is what we have been trained to do. Negligence should not be taken lightly and should not be the cause of someone else's suffering.McDonnell Law wants to advocate for your justice.

We handle all types of personal injury cases such as:
Car Accidents
Motorcycle Accidents
Truck Accidents
Defective Products
Medical Malpractice
Bicycle/Pedestrian Accidents
Wrongful Death
Slip & Fall Injuries
Premises Liability
Traumatic Brain Injury
Dog Bites

It doesn't need to be any more stressful during this difficult time. To help ease through the process, you need to know who to turn to for help. Many insurance companies may take advantage of the unstable state you may be in after a personal injury. Don't let this happen to you and be sure to contact an attorney to ensure that you maximize your financial reimbursement and get what you deserve. Personal injury matters can be complicated for you, but it doesn't have to be. We will worry about the technical components while you get sufficient time to deal with your physical and emotional trauma.

Located in beautiful San Diego, McDonnell Law practices in all areas of personal injury and is here to fight for your rights and to represent you in your case. No injury is too minor for us. McDonnell Law handles every case and every client with the attention they deserve and will work hard to get the results you want. Contact Attorney Xavier K. McDonnell today at 619 857 9020 for a free consultation and evaluation of your case.

Personal injury cases can impact you and your loved one's lives in a major way and cause emotional and financial burdens to your future. You can lessen some of these stresses or even completely avoid them by contacting McDonnell Law as soon as possible. We will aggressively fight for the compensation you deserve and take the crucial steps to get the best possible outcome.

We are here to assist you during a difficult time. Don't hesitate to call and speak with us today. We are serious and competent when dealing with insurance companies, knowing when to take your claim to court should the negligent party's insurance company be unable to satisfy your claim fairly and in a timely manner.


The Law Offices of David Stein - Maryland Gun Lawyer
Attorney News | 2013/06/25 12:42
The state of Maryland has strict rules that prohibit the wearing, carrying, and transporting of guns whether it is hidden or in the open. These rules also apply to any other firearms including but not limited to handguns, rifle, shotgun, short-barreled rifle, short-barreled shotgun, starter gun, or any other firearm, whether loaded or unloaded.

If you are accused of this offense, you may be charged with severe punishments including both fines and time in jail. To avoid these charges involving weapons of any kind, contact a skilled Maryland Criminal Defense or Maryland gun attorney as soon as possible. Weapons charges carry significant and substantial jail time as well as stiff financial penalties and are generally subject to vigorous prosecution by the State.


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