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Court Won't Hear Appeal Of New York Internet Taxation
Court Line News |
2013/12/05 13:44
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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.
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Court Declines To Take Liberty University's Obamacare Lawsuit
Headline Legal News |
2013/12/05 13:43
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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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Seattle lawyer left $188 million charitable trust
Headline Legal News |
2013/12/02 12:39
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A Seattle lawyer who quietly amassed a fortune by investing his inherited family wealth has left a bequest of nearly $188 million to benefit Seattle Children's Hospital, the University of Washington School of Law and the Salvation Army.
Hospital officials said, in announcing Jack MacDonald's bequest Tuesday, that it was the largest charitable gift in Seattle Children's 106-year history. The Law School said it was also the largest gift in its 114-year history.
The three organizations will receive income earned by the trust each year, with 40 percent, or nearly $4 million a year, going to support pediatric research at the hospital in honor of his mother, a long-time hospital volunteer. Thirty percent of the income goes to support student scholarships and other needs at the law school, where he graduated in 1940, in appreciation of his education.
The remaining 30 percent supports the Salvation Army in honor of MacDonald's father, Frederick MacDonald, who owned MacDonald Meat Co. and wanted to help men and women in need.
Jack MacDonald died in September at age 98. He worked for three decades as an attorney for the Veterans Administration in Seattle.
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Appeals court to take up San Francisco jail suit
Legal News |
2013/12/02 12:38
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A federal appeals court is set to take up a lawsuit over a former San Francisco sheriff's decision to remove male deputies from female housing units at the county's jail.
San Francisco Sheriff Michael Hennessey made the decision in 2006 in response to inmate complaints of sexual misconduct. More than two dozen male and female deputies have since sued, saying it is discriminatory.
The San Francisco Chronicle reports (http://bit.ly/1adufFe) that a three-judge panel of the 9th U.S. Circuit Court of Appeals is scheduled to consider the case next Wednesday.
Attorneys for the deputies say not one sexual misconduct claim made by a female inmate against a male deputy was sustained in the 16 years before the sheriff' policy change.
City attorneys dispute that, saying three deputies resigned and two others were suspended. |
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Amanda Knox appeals slander case to European court
Attorney News |
2013/11/29 10:12
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Lawyers for Amanda Knox filed an appeal of her slander conviction in Italy with the European Court of Human Rights, as her third murder trial was underway in Florence.
The slander conviction was based on statements Knox made to police in November 2007 when she was being questioned about the slaying of her British roommate, Meredith Kercher, in the house they shared in Perugia.
Knox says she was coerced into making false statements blaming the slaying on bar owner Patrick Lumumba.
"The interrogation took place in a language I barely spoke, without a lawyer present, and without the police informing me that I was a suspect in Meredith's murder, which was a violation of my human rights," Knox said in a statement released Monday as the appeal was filed.
Knox was convicted of slander at her first trial in December 2009. That conviction was upheld during the appeal that resulted in her 2011 murder acquittal.
Knox has returned to Seattle, where she is a student at the University of Washington. She is not attending the third trial being held in an appeals court in Florence.
The European Court for Human Rights is an international court in Strasbourg, France, that oversees the European Convention on Human Rights. |
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Supreme Court Will Take up New Health Law Dispute
Court Line News |
2013/11/29 10:10
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The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama's health care law, whether businesses can use religious objections to escape a requirement to cover birth control for employees.
The justices said they will take up an issue that has divided the lower courts in the face of roughly 40 lawsuits from for-profit companies asking to be spared from having to cover some or all forms of contraception.
The court will consider two cases. One involves Hobby Lobby Inc., an Oklahoma City-based arts and crafts chain with 13,000 full-time employees. Hobby Lobby won in the lower courts.
The other case is an appeal from Conestoga Wood Specialties Corp., a Pennsylvania company that employs 950 people in making wood cabinets. Lower courts rejected the company's claims.
The court said the cases will be combined for arguments, probably in late March. A decision should come by late June.
The cases center on a provision of the health care law that requires most employers that offer health insurance to their workers to provide a range of preventive health benefits, including contraception.
In both instances, the Christian families that own the companies say that insuring some forms of contraception violates their religious beliefs.
The key issue is whether profit-making corporations can assert religious beliefs under the 1993 Religious Freedom Restoration Act or the First Amendment provision guaranteeing Americans the right to believe and worship as they choose. Nearly four years ago, the justices expanded the concept of corporate "personhood," saying in the Citizens United case that corporations have the right to participate in the political process the same way that individuals do.
"The government has no business forcing citizens to choose between making a living and living free," said David Cortman of the Alliance Defending Freedom, the Christian public interest law firm that is representing Conestoga Wood at the Supreme Court. |
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