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Heterosexual Discrimination By California Courts?
A Los Angeles District Court of Appeal threw out a suit by a man claiming that unmarried couples of the opposite sex should have the same right as same-sex couples to file wrongful-death suits. Jack Holguin said the law's exclusion of unmarried heterosexual couples violates his equal protection rights. Holguin v. Flores, B168774, Los Angeles' 2nd District Court of Appeal, Sept. 15, 2004. Holguin's girlfriend, Tamara Booth, was killed in a car accident. They had lived together for 3 years, but never married.
The Los Angeles County trial judge dismissed the complaint, and the 1st District affirmed, holding that the state legislature had “rational bases” for not extending partnership benefits to “cohabiting unmarried couples in general.” “The fact domestic partners are legally or practically prevented from marrying, while cohabiting couples of the opposite sex are not,” Justice Earl Johnson Jr. wrote, “provides a rational basis for extending the right to sue for wrongful death to the former but not the latter. “In addition,” he said, “married couples and domestic partners have publicly registered their legal relationship while cohabiting couples of the opposite sex have not, thereby providing an additional basis for recognizing the economic loss to the survivors of the former but not the latter.”
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.