Category Archives: Legal News

Blog, Civil Rights, Immigration, International, Legal News, Supreme Court

NJ town providing legal tips to illegal immigrants to skirt ICE raids

By

A New Jersey town is attempting to protect illegal immigrants from “really unfortunate” arrests by publishing handouts in English and Spanish that encourage immigrants “to remain silent” and “have a plan!” if confronted by U.S. Immigration and Customs Enforcement officers.

The response from Princeton officials comes following the targeted arrest of two illegal immigrants in the town early Thursday morning, one of whom had a drunken driving conviction, an ICE official told NJ.com.

Councilwoman Heather Howard has been a leading advocate for working with the local immigrant population to prevent detentions and deportations.

protect your illegal family
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“These [arrests] are really unfortunate,” she told NJ.com. “They cause fear and panic in the community, and they work to undermine the community’s effort to improve law enforcement relations.”

An ICE spokesperson told FoxNews.com the town’s efforts wouldn’t impede ICE’s duties.

“It’s not gonna hinder our operations,” Alvin Phillips said. “Standard operations are still ongoing and based on priorities.”

He added: “ICE arrests are not unfortunate. In fact to the contrary of previous reports — ICE actions are in keeping with the laws and homeland security priorities: National Security, Public Safety and Border Security. I will also add, arrests in question are afforded an opportunity to meet with legal counsel.”

Several “Know Your Rights” handouts on the town government’s website advise immigrants “if you or someone you love is deportable, have a plan!” Another section of one of the pamphlets tells immigrants to not “answer questions about your immigration status or where you were born. Keep saying you want to call your attorney.”

The publications come complete with cartoons of smiling immigrants flashing cards that say “I want to speak with my lawyer” and shocked immigrants being busted by angry ICE agents, often appearing menacing and wearing dark sunglasses.

The pamphlets even encourage readers not to provide their names to officers: “Remember that providing your name has risks, and that your name can be used to start a deportation process.”

A “Right To Remain Silent Card” is printed near the end of one of the publications with cut-out lines drawn around it for those who wish to detach and carry it.

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The card states: “TO WHOM IT MAY CONCERN: Please be informed that I am choosing to exercise my right to remain silent and the right to refuse to answer your questions. If I am detained, I request to contact an attorney immediately. I am also exercising my right to refuse to sign anything until I consult with my attorney.”

Elisa Neira, the executive director of Human Services, said the goal of the literature is to better inform illegal immigrants of their rights.

Read Full Article – http://www.foxnews.com/us/2016/02/17/nj-town-providing-legal-tips-to-illegal-immigrants-to-skirt-ice-raids.html

Blog, Business Law, Criminal, Legal News, Supreme Court

Is Sports Betting About To Become Legal Outside Of Nevada?

Darren Heitner ,

CONTRIBUTOR

I cover the intersection of sports and money.

The State of New Jersey has fought for years to establish a sports betting scheme that would allow it to bring in more money for its troubled budget and provide a boost to its struggling casino industry. Each effort has been shot down, with the NCAA and the “Big Four” American professional sports leagues (NFL, MLB, NHL and NBA) claiming that allowing New Jersey such an exception would be a blatant violation of the Professional and Amateur Sports Protection Act of 1992 (“PASPA”), which bans states from offering any form of sports betting to individuals within their borders. The one exception among the U.S. states that is allowed a sweeping form of sports betting is Nevada, as it was grandfathered in when PASPA was passed.

There may finally be hope for New Jersey and others states that seek to implement a sports wagering system. This Wednesday, February 17, the Third Circuit Court of Appeals will rehear New Jersey’s case as to why it believes it should be able to permit casinos and racetracks within the state to offer sports betting at such venues. A majority of judges in the Third Circuit were required to vote for a rehearing in order for it to be granted, which is a promising sign for New Jersey in its ongoing quest to essentially circumvent PASPA.

Why is the Third Circuit’s rehearing so important?

Rehearings are extremely rare; circuit courts of appeal are reluctant to grant such requests. By way of example, in 2006 a total of 1,028 motions for rehearing were filed in the Fourth District Court of Appeals and only twenty-one of them were granted. That makes the granting of New Jersey’s case a special exception to the rule and may be read as a positive sign as to the likelihood of success on the merits of the state’s argument.

“It’s huge,” said New Jersey Senator Raymond Lesniak when the rehearingwas initially announced. ”Chances are, they wouldn’t have vacated the ruling if they were only going to later on confirm it.”

While New Jersey has certainly gained an edge over its prior position by way of receiving approval for a rehearing, it is not case closed for the state. It still must prove that the prior decisions were wrong and that New Jersey should be entitled to enact the sports betting system it selected in the past.

“We are glad that the ruling – which robbed New Jersey of the opportunity to benefit from the billion-dollar sports betting industry – will be reconsidered and heard by the full court,” said Congressmen Frank Pallone, Jr. and Frank LoBiondo of New Jersey in October 2015. “Not only do the citizens of New Jersey overwhelmingly support legalized sports betting and the revenue that would come to the state with it, but existing federal law picks winners and losers, and is unconstitutional and arbitrary.  We remain committed to seeing sports betting become legal in New Jersey, and this reconsideration is a positive and important development.”

How will the rehearing work?

New Jersey’s rehearing on its sports betting plan will require that the court sits “en banc.” That is a Latin phrase meaning that all judges of the Third Circuit will participate in the rehearing, which is atypical, as standard Third Circuit decisions are provided by a panel of three judges.

There will be a total of twelve judges participating on Wednesday. Some of the judges have been involved in this case the past, either siding with the State of New Jersey or the NCAA and professional sports leagues in their efforts to keep sports betting banned.

Importantly, the en banc court’s decision will carry the day. The panel’s decision, which ruled against the State of New Jersey, was vacated when the en banc rehearing was granted. It is as though the prior decision of the court never existed.

If the en banc court of twelve judges vote in a 6-6 tie, then the district court’s original ruling will be reinstated. Thus, the State of New Jersey wants a 7-5 result in its favor, or better.

What is at issue?

This is New Jersey’s second major attempt to allow for sports betting within its borders. The first time around, PASPA’s constitutionality was challenged as a violation of states’ rights. New Jersey lost in a 2-1 decision, which indicated that the state is not prohibited from repealing its own ban on sports wagering under PASPA.

Thus, New Jersey repealed its own sports betting ban to the extent that it would only allow for casinos and racetracks to accept sports wagers. The state was told again, in a 2-1 decision, that its plan was unlawful. The court did not view New Jersey’s plan as a repeal, but instead deemed it to be a wrongful authorization for select entitles to be involved in sports betting.

The real issue is reconciling the two decisions, which may appear to contradict each other. The first loss for New Jersey indicated that the state could repeal a ban on sports betting, but the second loss seems to state that it cannot be done on a preferential basis. What an approved system would look like and how it would comport with PASPA are questions that remain unanswered.

What’s next after the rehearing?

Do not expect a ruling from the en banc court on Wednesday nor in close proximity to the rehearing. These decisions can take upwards of six monthsbefore actual rulings are released.

If New Jersey fails to win on rehearing, then it could appeal to the U.S. Supreme Court. However, the U.S. Supreme Court receives roughly 8,000 petitions for cases to be heard per year, and it grants and hears oral argument in approximately eighty of them. Thus, the statistical odds of this case making it to the U.S. Supreme Court are slim.

Should New Jersey prevail, then it would be extremely likely that the NCAA and professional sports leagues file an appeal. Additionally, the NCAA and professional sports leagues would be destined to seek an injunction against New Jersey’s casinos and racetracks offering any forms of sports betting while an appeal is ongoing. Either way, the en banc court’s decision on rehearing may not be the end of this lingering battle concerning sports betting.

A ruling in favor of New Jersey not only has the potential to change the sports betting landscape within the state, but could have ramifications for other states that seek implementing a similar system. If the court deems that New Jersey’s effort is permissible, then we could see a similar structure adopted by other states, possibly leading to more lawsuit, but also potentially resulting in the death of PASPA.

Read Full Article – http://www.forbes.com/sites/darrenheitner/2016/02/15/is-sports-betting-about-to-become-legal-outside-of-nevada/#56e2cf745c02

Blog, Family, Legal News, Personal Injury

Am I legally responsible for shoveling my sidewalk?

By Victoria Dalton
on February 14, 2016 at 6:41 AM, updated February 14, 2016 at 6:42 AM

As we brave the wintery cold, Valentine’s Day brings some warmth to our hearts and reminds us of when we fell head over heels in love with that special someone.

Falling head over heels is only good when love is involved.   Walking on snow and ice covered sidewalks can result in a nasty slip and fall.  Serious injuries can occur which may bring unexpected medical treatment and bills.  Is anyone legally responsible when these accidents occur?

In some instances, a property owner may be responsible when someone falls head over heels on their property. This week, Your Legal Corner will discuss the various factors that govern sidewalk liability.

Type of Property

The law distinguishes the level of care to be provided to a pedestrian based upon the type of property involved.  For example, the level of care required for a residential property owner is quite different and much less when compared to a commercial property owner.

Residential Property

With a residential property, the sidewalk that abuts or is in front of your premises is considered public property.  As a result, the general rule is a homeowner is not responsible for the condition of the public sidewalk in front of the home.  There is no duty to maintain the sidewalk in front of the premises in a safe condition.  However, it would be too simple if that was the only rule and there were no exceptions.

If a homeowner attempts to make repairs to correct some defect or clears the sidewalk from ice or snow, they may be held legally responsible if their actions are done negligently and result in a new or increased element of danger to a pedestrian.

For example, if a property owner undertakes to shovel the snow covered sidewalk and leaves a thin layer of ice but does not spread salt, they could be held responsible for a fall for increasing the element of danger that previously did not exist.

Additionally, the driveway and walkway leading up to the property is always the responsibility of the homeowner. Therefore in this instance there is in most cases homeowner liability for slip and falls on their property.

Commercial Property     

 Commercial property owners have a higher duty of care when it comes to sidewalk liability.  Their responsibility can best be described in one word, “reasonableness.”

The owner of a commercial property has a duty to use reasonable care to ensure the sidewalk abutting their property is safe for pedestrians using them.  They must determine whether the condition of the sidewalk poses an unreasonable risk of harm.  If so, they must take action in a reasonable period of time to correct the condition.

Notably, a commercial property owner is required to take affirmative steps to correct any dangerous condition.  Especially with snow and ice, they must remain vigilant to ensure that changing conditions are addressed in a timely manner.

Homeowner or Condominium Association 

In this type of living arrangement many individuals have left their traditional neighborhood to live in an “over 55” or condominium community.  Who is responsible for the sidewalks in a private community?

In a recent decision, the New Jersey Supreme Court determined that the rule governing residential property owners does not apply where the association controls the sidewalks.  The bylaws of the homeowners’ association typically spell out a duty on the association to maintain sidewalks and common areas.  As such, they have a duty to maintain those areas in a safe condition.

As you can see the rules are somewhat confusing. Should you suffer from a slip and fall, it is best to contact a personal injury attorney to know for sure who is legally responsible.

Hopefully, this Valentine’s Day is only filled with love and fond memories of when you first fell head over heels!!!

Till next time, God bless, keep smiling, when Your Legal Corner will discuss  “A Patient’s Bill of Rights.” Victoria M. Dalton is a dedicated Family/Elder Law Attorney with the Law Offices of Hoffman DiMuzio. Email correspondence tovdalton@hoffmandimuzio.com or call 856-845-8243.

Please note that Your Legal Corner was created to provide educational material about the law and is not legal advice.

Read Full Article – http://www.nj.com/south-jersey-voices/index.ssf/2016/02/head_over_heels_liability_when.html

Blog, Criminal, Legal News, Organized Crime

Italian police arrest dozens of Mafia suspects from female-led ‘Prickly Pear Lips’ gang

More than 500 officers took part in raid on Laudini clan in Sicilian port of Catania after heir told police about ‘three queens of Caltagirone’

Italian police have arrested dozens of suspected Mafia members in an international operation to dismantle a powerful Sicilian crime group run by women.

Over 500 officers took part in the raid on the Laudani clan in the Sicilian port of Catania, nicknamed “Mussi di ficurinia” (“Prickly pear lips”), in a sting that also involved forces in Germany and the Netherlands, Italian police told AFP.

Three women, known as the three queens of Caltagirone, a town near Catania, had ruled the clan with an iron grip as well as governing all financial matters but were brought down by the heir to the clan who began helping police.

The suspects were all wanted for Mafia association, extortion, drug trafficking and possessing illegal arms.

Of 109 arrest warrants issued on Wednesday, 80 people were detained, 23 were already serving time in prison and six are still eluding capture, police said.

Italian authorities say Giuseppe Laudani was selected to run the clan when he was 17 after his Mafia boss father was killed but he turned to police and told how the three women, Maria Scuderi, 51, Concetta Scalisi, 60 and Paola Torrisi, 52, had raised him.

Known as “the prince”, he described a world of violence and vendettas, with the women building power after his aunt Concetta’s life was saved by his father during an attempted assassination at the end of the 1980s, Italian media reports said.

Torrisi, daughter of a mobster boss who used to manage the clan’s international drug trading, was still young when she began to organise couriers in the area around Mount Etna, the active volcano which dominates Catania.

Laudani also told police about his brother Pippo and half-brother Alberto Caruso, as well as his grandfather Sebastiano Laudini, 90, who had served time between 1986 and 2012 and is now back under house arrest.

According to prosecutor Michelangelo Patane, the clan, which had sought ties with the cocaine-running ’Nrangheta mafia in Calabria, had a huge arsenal of weapons, including two bazookas.

The rocket launchers were intended for use in hits on several Sicilian magistrates but the plan was foiled when another informer told police the weapons were hidden in a garage on the slopes of Mount Etna.

The Laudani are believed to be behind a string of violent attacks in the 1990s, including the murder of a prison warden and a lawyer who had refused to be bought.

Police said they had been hampered in their investigations by local business owners, who either lied about being the victims of attempts to extort money from them or admitted the extortion but refused to help identify those responsible.

The Sicilian Mafia, known as “Cosa Nostra” or “Our Thing”, was Italy’s most powerful organised crime syndicate in the 1980s and 1990s, but has seen its power diminish following years of probes and mass arrests.

It also faces fierce underworld competition from the increasingly powerful Naples-based Camorra and ’Ndrangheta.

  • This article was amended on 10 February 2016. It originally stated that from the 109 arrest warrants issued, 86 people had been detained. In fact, 80 had been detained. This has been corrected.

Full Article – http://www.theguardian.com/world/2016/feb/10/italian-police-arrest-dozens-of-mafia-suspects-in-effort-to-dismantle-female-led-syndicate