Monday, April 18, 2011

Legal Grounds: Legal News - April 18, 2011

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April 18, 2011 FindLaw.com Legal Grounds Newsletter

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THE WASHINGTON FILE:

Prayer Day Continues
COURT DISMISSES SUIT OVER NATIONAL DAY OF PRAYER
(AP) - A federal appeals court has thrown out a ruling that the National Day of Prayer is unconstitutional and ordered that the lawsuit against it be dismissed. The 7th U.S. Circuit Court of Appeals ruled Thursday that the Madison, Wis.-based Freedom From Religion Foundation did not have standing to bring the lawsuit against President Barack Obama. A federal judge based in Madison ruled last year that the national prayer day was unconstitutional because it amounts to a call for religious action. The president appealed.

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TOP NEWS - RELEVANT HEARSAY:

Pay, then Extend
HAVEN'T FILED A TAX RETURN? ASK FOR AN EXTENSION
(AP) - If you've waited this long to file your tax return, it may be time to put aside the 1040 and go straight for the 4868. That's the form you'll need to request a six-month extension from the Internal Revenue Service if you can't make tonight's midnight deadline.

Litigious Plaintiff Effects
COURT WON'T STOP LAWSUIT AGAINST CHIPOTLE
(AP) - The Supreme Court won't stop a disabled man's lawsuit against Chipotle Mexican Grill for having counters too high for a person in a wheelchair. The high court on Monday refused to hear an appeal from the Denver-based chain. Maurizio Antoninetti sued when he found that he could not see the Chipotle food preparers because of the height of the counters

Trademark Tussle
SEARS SUES ROCKHARD OVER DIEHARD SEX SPRAY
(FindLaw's Legally Weird) - Die Hard. Live it. Love it. Or Numb It.

Gift Tax Wrap
IRS DOUBTS NICOLAS CAGE GAVE AWAY $1.8M IN GIFTS
(FindLaw's Celebrity Justice) - For Nicolas Cage, tax problems are nothing new. On the heels of a 2009 standoff with the IRS, TMZ reports that the agency has filed a federal tax lien against the actor, claiming that he now owes the government taxes on $1.8 million worth of gifts. The IRS wants its $624,934.64 and they want it now.

Passing Tax
SUPER RICH SEE FEDERAL TAXES DROP DRAMATICALLY
(AP) - As millions of procrastinators scramble to meet Monday's tax filing deadline, ponder this: The super rich pay a lot less taxes than they did a couple of decades ago, and nearly half of U.S. households pay no income taxes at all. The Internal Revenue Service tracks the tax returns with the 400 highest adjusted gross incomes each year. The average income on those returns in 2007, the latest year for IRS data, was nearly $345 million. Their average federal income tax rate was 17 percent, down from 26 percent in 1992.

CRIMINAL LAW - ARRESTING DEVELOPMENTS:

Tests and Misses
SHOULD I EVER REFUSE A DUI SOBRIETY TEST?
(FindLaw's Blotter) - Even though it's never appropriate to drive under the influence, it's important to understand your legal rights so that you can make informed decisions. With DUI checkpoints popular nationwide, you may be subject to police scrutiny after a few drinks. At some point, you may even have to decide whether to comply with a breathalyzer request or a field sobriety test. If this is ever the case, this is what you need to know.

Off-Field Run
TITANS RECIEVER KENNY BRITT ARRESTED: TRIED TO OUTRUN POLICE
(FindLaw's Tarnished Twenty) - Being busted for marijuana possession isn't much more than a low-level misdemeanor in most of the country. But don't tell that to Tennessee Titans WR Kenny Britt--he's now being charged with three crimes--including a felony--after evading police to protect his marijuana-toting passenger. One would imagine it would make him feel stupid.

LEGAL LITE:

Supreme Tweet-er
US SUPREME COURT JUSTICE BREYER, 72, IS ON TWITTER, FACEBOOK
(FindLaw's Legally Weird) - No one can resist social media. The urge to tweet and post on someone's Wall reaches to the highest levels of our nation, as Justice Stephen Breyer is taking advantage of Twitter and Facebook. What would you expect a Supreme Court Justice to tweet about? "Can't believe Scalia isn't going to fight that fender bender ticket in traffic court!


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