April 28, 2015 Two states neighboring Colorado have filed a joint lawsuit against the state in an effort to invalidate the laws governing the legalization of marijuana. The two states, Oklahoma and Nebraska, hope to defeat the licensing of recreational marijuana retailers in the state of Colorado with this lawsuit. According to the lawsuit, Oklahoma and Nebraska claim that there has been a flood of marijuana into their states. The states claim that the flood of marijuana has led to law enforcement agencies being thinned out and threats to their sovereignty. In a brief filed against the lawsuit by Colorado Attorney General Cynthia Coffman, it was argued that the marijuana black market would strengthen if the lawsuit is allowed to continue. Coffman wrote in the brief that the marijuana retail stores in Colorado have been licensed in an effort to move marijuana away from the black market. She also argued that if the laws were defeated, marijuana would be legal, but there would be no laws in place to regulate the supply of the drug. Coffman is not the only author listed on the brief. She is joined by the state’s solicitor general and four other lawyers from the Attorney General’s office. The lawsuit filed by Oklahoma and Nebraska was done so directly with the United States Supreme Court . The reason for filing directly with the Supreme Court is that it involves a dispute between two or more states in the union. The Supreme Court has yet to decide if it will take up the case, which is required prior to a hearing being scheduled, and there is no timetable on when a decision will be made. The lawsuit does not challenge the overall legalization of marijuana in Colorado. Instead, Oklahoma and Nebraska claim that the licensing of retail stores has created a gap in the federal government’s system of drug control. The lawsuit argues that the flow of marijuana into Oklahoma and Nebraska undermine the bans on the drug in those states and causes extra stress on the criminal justice systems in those states. Coffman originally opposed the legalization of marijuana in Colorado. This is the first time that state officials in Colorado have had to fully argue in favor of the laws that legalize marijuana in the state. Coffman agrees with the concerns of Oklahoma and Nebraska, saying that she is concerned about the illegal trafficking of marijuana. She notes in the brief that Colorado law enforcement agencies are still taking traffickers into custody. She cites the indictments of 32 people who were charged with illegally growing marijuana in Colorado and planning to traffick it out of state. This lawsuit is just one of four filed against the legalization of marijuana in the state of Colorado, but the first filed with the Supreme Court. The other three have been filed with the federal district court in the city of Denver.
April 22, 2015 Although April is the month when America urges everyone to help prevent all forms of child abuse, we should run this campaign on a daily basis throughout each year. Even the National Council on Child Abuse and Family Violence has said, “Child abuse and neglect is a national problem which has increased to epidemic proportions .” What behavior constitutes child abuse? It’s defined as “any behavior directed toward a child by a parent, guardian, care giver, other family member, or other adult, that endangers or impairs a child’s physical or emotional health and development .” These damaging behaviors usually take the form of “physical abuse, sexual abuse, emotional abuse, and neglect .” Although each type of abuse can cause long-term damage, sexual abuse is often the most debilitating to a child – even if it occurs only one time. How common is childhood sexual abuse in America? A child is sexually abused in America every six seconds . However, this may just represent the tip of the iceberg since only about 1 in 10 children can overcome their fear enough to even report these crimes. Furthermore, it’s now estimated that one out of every four girls and one out of every six boys will be sexually assaulted before age 18 . Just as shocking is the fact that many abusers are especially attracted to children under the age of three . What are the long-term repercussions of childhood sexual abuse? Unable to develop any true self-esteem, victims often respond through “withdrawal, difficulty at school, aggression, running away, nightmares, and extreme anxiety or depression. In some cases, [these] symptoms . . . may not appear until adulthood .” Alcohol and drug addictions are common among abuse victims — as are early teen pregnancies since many young people go desperately searching for the love they’ve never known. Suicide is also a very common response to childhood sexual abuse. During recent decades, doctors and scientists have now discovered that many forms of abuse permanently damage children — “even when it’s psychological [and] not physical .” In his article entitled, “Wounds that Time Won’t Heal,” Dr. Martin Teicher outlines the various types of “permanent debilitating damages in the brain” that child abuse often inflicts. In 2013, approximately 41, 149 people in this country killed themselves – “making suicide the 10 th leading cause of death for Americans .” It’s quite possible that many who take their lives simply cannot cope with their abuse memories any longer. Princeton graduate student Bill Zeller indicated before he took his life back in January of 2011 that he had become overwhelmed by his ongoing emotional struggles and memories tied to his childhood sexual abuse. Fortunately, both civil and criminal lawsuits can often be filed against perpetrators to thwart similar future behavior and to obtain the treatment and justice their victims are entitled to receive. Even in early 2015 , Penn State is still trying to settle lawsuits based upon Jerry Sandusky’s numerous sex crimes committed against children long ago. As shocking as his crimes were, they’re definitely not isolated. Too many adults get away with such acts each year. What’s being done to help kids in America fight back against abuse? Starting back in 2010, a brave young woman named Erin Merryn began trying to help young children all across America. She “started writing state legislators to ask them to pass laws requiring schools to better educate children, school employees and parents how to prevent and stop child sexual abuse. ” As of September 2014, nineteen states had passed Erin’s Law. It “mandates that all public schools use age-appropriate curricula to teach students how to tell on anyone who touches or attempts to touch their private parts .” What all parents and caregivers of children must do First and foremost, all adults must personally commit to never sexually abuse or otherwise harm a child. This is critical since “over 90%” of these crimes are committed by “a family member or friend .” Parents must also take the time to personally speak with their children about this issue – and encourage their kids to report any questionable incidents to them. Our entire society suffers along with our children All adults must stop committing these crimes against children – including their own . Numerous children struggle to handle these types of abuse issues (both consciously and subconsciously) while sitting in schoolroom classes each day. Furthermore, the Centers for Disease Control and Prevention have estimated that the lifetime cost of “child maltreatment” (abuse) is “$ 124 billion a year .” Fortunately, our country has dedicated child protection advocates like Erin Merryn who are willing to take the lead in this battle. Should your child ever report being abused by a teacher, coach, parent of a friend – or another adult — you must stand ready to file a lawsuit on your child’s behalf. Perpetrators must pay for their crimes both civilly and criminally so your child can obtain the lifelong therapeutic help that may be required. Feature photo borrowed from: Shout Out UK
April 17, 2015 While the stock market crash and tumbling housing market has resulted in a slew of personal and corporate bankruptcies, the economy seems to be heading towards recovery. Housing prices are steadily rising as low mortgage rates are attracting home buyers. Even so, the dust still has not settled from the aftermath of the housing crisis, and even actors are not immune. Actor Armand Assante is facing the loss of his sprawling Hudson Valley residence, scheduled for possible sale on May 6, 2015 . He asserts that predatory lending has caused his financial difficulties. His attorneys have requested that a New York judge change her mind regarding the finalization of the 7,000 square-foot foreclosure of the mansion. The 64-year-old actor held key roles in “American Gangster” and in “Gotti,” a 1996 HBO release. The role of Eastern Savings Bank in the foreclosure Eastern Savings Bank , a Maryland-based financial institution, loaned the actor $1.5 million in 2005. He repaid $700,000 but quit making payments in 2009 as he tried to work out a reduced interest rate, down from the 10 percent written into the original loan. According to the bank, the loan now stands at $2.3 million. The executive who oversaw his mortgage paperwork faced charges of improperly altering a separate mortgage worth $3.25 million. The case was settled through the payment of a $125,000 fine. Accusations of fraud Mr. Assante’s attorneys indicated that the settled case proves that the executive acted dishonestly regarding their client’s mortgage. The executive’s lawyers challenged that claim. However, a law clerk with a possible vendetta against Hollywood stars was also involved in the case, along with questionable activities of a property appraiser. The actor retained private investigators to unearth these details. In addition, the original mortgage, recorded in court, might not have even been signed by Mr. Assante, which could invalidate the entire case. The actor is now involved in international projects which, along with compensation for damages, could earn enough money to allow him to repay his debts. A court bankruptcy and the related home foreclosure is an emotional ordeal as your residence can represent not only a lifetime of hard work but also a home full of memories. However, technicalities could make a foreclosure void. With the help of a seasoned attorney, you might be able to fight a foreclosure.
April 2, 2015 The average divorce across the nation costs between $15,000 and $20,000 . However, a few couples with high-profile marriages, significant assets and subsequent break-ups have record astonishingly expensive divorces. Golfer Tiger Woods and Model Elin Nordegren The marriage of Tiger Woods and Elin Nordegren produced two children and lasted about six years. In 2009, his affair, allegedly one of many, was splashed across headlines. While the negative publicity was at the forefront of the news, Woods was in an accident near their home, and the model shattered a window in the vehicle. In the subsequent divorce, she was granted custody of the children and $100 million dollars. Actor Mel Gibson and Robyn Moore Mel Gibson and Robyn Denise Moore met in the late 1970s when Gibson was virtually unknown in the movie industry. They had no prenuptial agreement before their more than 30-year marriage that resulted in seven children. However, the marriage ended when another woman became pregnant with the superstar’s child. Although the couple was separated when the photos of Gibson and the new mom surfaced, Gibson was then arrested for drinking and driving. Moore filed for divorce and was awarded half of his total fortune, worth an estimated $425 million. Media Mogul Rupert Murdoch and Anna Torv The Australian media guru and his second wife, Anna Maria Torv, were married for more than three decades after they met while she was employed by him in Sydney. Their break-up was allegedly fueled by her desire to spend more time with him, but he did not agree. Although the terms of the divorce were not disclosed, rumors swirled that she received $100 million in cash and $1.7 billion in additional assets. Rupert denied infidelity but married Wendi Deng less than three weeks after the divorce was final. Harold Hamm and Sue Ann Arnall Harold Hamm earned billions of dollars in the fracking industry but his earnings dropped when the oil market plummeted in June 2014. In early 2015, he wrote a $975 million check to his ex-wife in their divorce settlement . However, she rejected the offer and asked for more money from her ex who was worth about $13.5 billion at the time. She later reconsidered and accepted the settlement. No matter the amount of assets in your marriage, you can likely benefit from the help of a seasoned family lawyer who understands how to navigate the sensitive matter of a divorce. Our attorney will guide you through the legal aspects of your divorce, defending your rights in the process. Contact us for help today!
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January 28, 2018 According to an October 27, 2017, announcement, the Los Angeles jeans company, True Religion, exited Chapter 11 bankruptcy with about $357 million less debt, debt maturities extended, cash to implement a growth plan and a positive outlook for the future. The company emerges with a reduced retail footprint and an exit loan of $60 million from Citizens Bank, the same bank that provided the initial cash during the reorganization process. At the peak of the company, True Religion jeans were selling anywhere from $150 to $250 a pair at their nearly 140 stores and online. The brand also sold at upscale department stores, such as Bloomingdales, Saks Fifth Avenue and Nordstrom and at other locations in the U.S., Mexico and South America. Around 2013, True Religion, like many other apparel stores, struggled for success, watching sales decline as it competed with the internet, online shopping and competing discount retailers. The rapid growth in the trend of athletic wear for leisure caused the sales of blue jeans to quickly decline. Behind $192,000 on rent for its California office headquarters and drowning in major debts owed to creditors, manufacturers, U.S. Customs and Border Protection and malls around the country, True Religion filed for bankruptcy on July 5, 2017, in a U.S. Bankruptcy Court in Delaware. At the time of filing, the company had 128 stores in the United States and 11 stores outside the country. The company made some major changes, hiring John Ermatinger as CEO and president and bringing on a new chief marketing officer and a new vice president of sourcing. They also reduced costs, streamlined processes and closed unprofitable stores. John Ermatinger publicly thanked the company’s supporters — consumers, employees, vendors and suppliers — for their ongoing commitment and devotion to True Religion. He expressed his excitement regarding the future of the company, which includes implementing new growth strategies through innovative partnerships, expanding True Religion’s digital presence and refining its marketing operations. You do not have to be a major corporation to file bankruptcy , Like in the case of True Religion, bankruptcy allows individuals to emerge in a better financial position than before. Our legal team can help you navigate through these difficult times.
January 16, 2018 A Fresno State professor who intimidated a pro-life group was ordered to pay $17,000 and attend training on the First Amendment. He was recorded on video in an attempt to harass pro-life students who were drawing with chalk on the sidewalk. He also asked students from his public health class to assist him in his efforts. He claimed they were outside of the campus free speech area, but no such area has existed on campus since 2015. The sidewalk messages suggested pro-life options for students. The president of the club stated that the First Amendment gives students the right to speak on campus. She documented an incident between herself and the professor on video. He can be heard telling her that she is not in a free-speech area. However, she claimed that she had school permission to be there and to be speaking. The professor began erasing the sidewalk messages with his shoe. He told her that she did not understand the areas where free speech was permitted on campus. Alliance Defending Freedom acted as legal representation for the group, the Fresno State Students for Life. The professor must pay $1,000 to the president and $1,000 to another student as well as legal fees. However, he said that the money was paid by his insurance company, so he is not concerned about the legal fees. He does not admit to any wrong actions but is willing to attend the training so that he can learn the opinions and thoughts of others. The president expressed her relief that he will not be able to harass them again and explained that the case was not about winning money. She was extremely surprised at his actions, especially on a public campus. She further opined that professors should encourage and not prohibit free speech. Legal counsel for the pro-life group stated that the professor’s behavior flagrantly violated the First Amendment He added that school officials do not have the right to restrict freedom of speech on campus. The school did not comment about the case. If you believe that your First Amendment rights have been violated, you will need experienced legal representation to defend you. Contact us so that we can discuss your case.
January 5, 2018 The complexities of any divorce include dividing money, property and assets between both parties. While this might not be as complex for a millennial as it is for a couple who has spent their lifetime acquiring possessions, both types of divorce require finding a qualified family lawyer to deal with the personal issues. Legal experts report that stereotypes claim that other generations are more loyal than millennials who don’t really value traditions. She continues that even though they wait to marry, they still place a high priority on the institution. However, she added that they will not tough out a relationship the way their parents did. This by no means makes a divorce any easier for millennials. They feel just as hurt and disappointed as any others who divorce , but their outlook for the future tends to be more optimistic. Although marriage rates in the U.S. continue to decline, divorce rates are also dropping. Millennials delay marriage until later in life, placing an emphasis on education and careers before taking this significant life step. Millennials tend to be more open to diverse relationships, including living together. In the past, prenuptial agreements held a negative connotation as if one of the parties expected the marriage to end. The more-practical millennials, who prioritize acquiring and preserving wealth, see the prenup as a planning tool and communication map to manage financial expectations and interests. Creating a prenup with a lawyer realistically deals with the uncertainty of the future and helps a couple draft specific plans. Millennials choosing to live together instead of marrying can benefit from an attorney’s expertise when drawing up a cohabitation agreement, protecting both parties and their assets in case the relationship ends. When couples know the laws regarding cohabitation , marriage and divorce in their state, they tend to be ready for even unexpected contingencies. Whether a couple plans to cohabitate, marry or file for divorce, planning for a big relationship step helps the individuals prepare for the future, no matter what happens in the marriage. Consulting with a knowledgeable, experienced family lawyer sets up both parties for success.
December 23, 2017 The 32-year-old mother entered the high rise in downtown Memphis as a memory tugged at the far corners of her mind. Suddenly, it came to her. She had been in this very building with her own mother for the same purpose — to file bankruptcy . She anguished over the decision but a court order had recently enforced a judgement against her that allowed a company to seize a portion of her check. With her struggle to make ends meet, the judgment would put an unbearable strain on her already overburdened finances — the proverbial straw that broke the camel’s back. Despite the stigma, she decided that bankruptcy would stop the vicious cycle of juggling bills each month so that she could now start fresh. She even dreamed of becoming a homeowner one day. While the U.S. Bankruptcy Court for the Western District of Tennessee in Memphis funnels millions of dollars to the court, the lawyers and the creditors, the debtors for whom the entire system exists don’t fare so well. The clients are stuck in a vicious cycle. Most people choose to file Chapter 7, which allows the person to start over from square one without seizing any debts. In contrast, Chapter 13 requires monthly payments while stopping car repossessions and home foreclosures. This method is most common in the South and was what this mother chose. She didn’t understand the difference between the two. However, filers who opt for Chapter 13 must continue making payments for five full years. Most cannot even last 12 months under the program. These individuals went through each and every step of the bankruptcy — paying filing and legal fees and dealing with a seven-year blemish on their credit record — but do not ultimately benefit from the program. Once they have defaulted, they revert back to all unpaid debts with interest rates higher than ever. When comparing Caucasian filings with African-American filings, the latter usually file under Chapter 13 but cannot complete the program. Some return for repeat filings, with a few filing Chapter 13 up to 20 times during their lifetimes. They view bankruptcy as a last resort. If you are considering bankruptcy, talk to our knowledge attorneys about which options — Chapter 7 or Chapter 13 — is best for you.
