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Court grants law license to man in US illegally
Law Firm Press | 2014/01/06 11:31
The California Supreme Court granted a law license Thursday to a man who has lived in the U.S. illegally for two decades, a ruling that advocates hope will open the door to millions of immigrants seeking to enter other professions such as medicine, accounting and teaching.

The unanimous decision means Sergio Garcia, who attended law school and passed the state bar exam while working in a grocery store and on farms, can begin practicing law immediately.

It's the latest in a string of legal and legislative victories for people who are in the country without permission. Other successes include the creation of a path to citizenship for many young people and the granting of drivers licenses in some states.

"This is a bright new day in California history and bodes well for the future," the Coalition for Humane Immigrant Rights of Los Angeles said in a statement.

The court sided with state officials in the case, which pitted them against the White House over a 1996 federal law that bars people who are in the U.S. illegally from receiving professional licenses from government agencies or with the use of public money, unless state lawmakers vote otherwise.


Dutch Supreme Court: Fortis was mismanaged
Law Firm Press | 2013/12/09 14:08
The Netherlands' Supreme Court has upheld rulings that the now-defunct Belgian bank Fortis NV was mismanaged from September 2007 to September 2008, and its then-management board can be held accountable.

Friday's ruling opens the door for investor claims against former CEO Jean-Paul Votron, among others, though not former supervisory Chairman Count Maurice Lippens, whom lower courts found was too far removed from decision making to be held liable.

Fortis, Royal Bank of Scotland and Spain's Santander bought Dutch bank ABN Amro in a hostile takeover in 2007, nominally the largest in banking history.

Fortis agreed to buy ABN's Dutch operations for 24 billion euros in its part of the deal but was unable to finance the buy — which represented around half of its own total size — and eventually spiraled toward bankruptcy. The Dutch state ultimately nationalized all Fortis-ABN operations in the Netherlands in 2008 to avoid a meltdown of the country's financial system. The rescue has cost taxpayers at least 32 billion euros.


Court Won't Hear Appeal Of New York Internet Taxation
Law Firm Press | 2013/12/05 14:11
The Supreme Court on Monday refused to consider throwing out New York state's taxes on Internet purchases on websites like Amazon.com, a move that could change the way Internet commerce works.

The high court refused without comment to hear appeals from Amazon.com LLC and Overstock.com Inc., in their fights against a state law that forces them to remit sales tax the same way in-state businesses do.

Web retailers generally have not had to charge sales taxes in states where they lack a store or some other physical presence. But New York and other states say that a retailer has a physical presence when it uses affiliates — people and businesses that refer customers to the retailer's website and collect a commission on sales. These affiliates range from one-person blogs promoting the latest gadgets to companies that run coupon and deal sites.

Amazon and Overstock both use affiliate programs. Amazon has been collecting sales tax in New York as it fights the state over a 2008 law that was the first to consider local affiliates enough of an in-state presence to require sales tax collection. Overstock ended its affiliate program in 2008 after the law passed.

The Supreme Court refusal to hear the websites' appeal likely will prompt more and more states to attempt to collect taxes from website purchases. Around 20 states, including New York, already have similar laws on the books. The National Council of State Legislatures estimated that states lost an estimated $23.3 billion in 2012 from being prohibited from collecting sales tax from online and catalog purchases.


Court Declines To Take Liberty University's Obamacare Lawsuit
Law Firm Press | 2013/12/05 14:10
The Supreme Court has turned away a Christian university's attempt to overturn a key part of the Obama administration's health care law.

The justices did not comment Monday in leaving in place a federal appeals court ruling dismissing Liberty University's lawsuit.

Liberty made several arguments in challenging the portion of the health care law that requires most employers to provide health insurance to their workers or pay a fine. The 4th U.S. Circuit of Appeals in Richmond, Va., rejected those claims.

The Supreme Court separately is considering whether for-profit corporations can mount religious objections to the law's requirement to include birth control among preventive health benefits.


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