Second Amendment Foundation’s Post

In this article in the Aurora Beacon-News, Joe Jackson and Colleen Boraca share their thoughts on the recent Supreme Court ruling of Grants Pass v. Johnson and how it will affect our neighbors in need. To read the full article, visit: https://lnkd.in/gzHuJMCe

Are handwritten wills valid in Massachusetts? Katherine Dorval discusses the statutory requirements of wills in the commonwealth, as well as a recent decision from the Massachusetts Appeals Court. Learn more https://lnkd.in/exH3GNJ

Do you know the three types of Contempt of Congress? I support this move! “The first type of contempt power is a citation of criminal contempt of Congress. This power comes from a statute passed by Congress in 1857.  Once a committee rules that an act of criminal contempt has occurred, the Speaker of the House or Senate President refers the matter to the appropriate US attorney’s office, “whose duty it shall be to bring the matter before the grand jury for its action.” “The second type of contempt power comes in the form of a civil lawsuit brought by the House or Senate, asking a court to enforce a subpoena. The Senate and its committees can bring such a lawsuit under a federal statute. No similar statute applies in the House, but the federal district court in Washington, DC, has decided that the House can nevertheless authorize its committees to bring a similar civil suit for enforcement of a subpoena.” “The third type of contempt power is Congress’s inherent contempt power. Under inherent contempt proceedings, the House or Senate has its Sergeant-At-Arms or deputy take a person into custody for proceedings to be held in Congress.” Sourced from the National Constitution Center. https://lnkd.in/g2qWTsZh

This article addresses the basic procedure for handling an appeal before the United States Court of Appeals for the Eighth Circuit. Click the link below to find out more... https://lnkd.in/gpqxy-bZ

Check out our latest compilation of biweekly summaries and links to recent precedential opinions from the United States Court of Appeals for the Federal Circuit!

Oh! ... the Corporate Transaprency Act (CTA) may be unconstitutional? More uncertainty, more waiting, more resources spent on an uncertain compliance requirements. Going to need some popcorn for this one... #corporatetransparencyact #AML #fraudprevention #congress #trustsandestates #MoneyLaundering #Fraud #sanctionscompliance

Discovery Sanctions in Missouri can include such severe actions as a dismissal with prejudice of your entire case. See our latest blog post for more information and reach out with any questions!

The Eleventh Circuit Court of Appeals has enough information and evidence to determine that the Northern Alabama District Court intended to deny access by verbally altering the written injunction orders at the prior civil contempt proceedings on 04/04/2022. In Re Wendell D. O’Neal, Case No. 24-10202-B, (11th Cir). Connecting the dots from the prior civil contempt proceedings to the undecided pending motion for vacating the injunction orders is pretty much a straight line between 04/04/2022 to 01/29/2024. Id. The record shows the Alabama District Court disregarded the renewed motion to vacate the permanent injunction orders in favor of commencing a criminal contempt proceeding against O’Neal despite the one year statute of limitations prohibited Allstate’s criminal contempt allegations stemming from the prior civil contempt hearing between 04/04/2022 and 11/27/2023. Id. O’Neal urges the Eleventh Circuit Court of Appeals to expedite an order directing the Northern Alabama District Court to decide the pending motion to vacate the injunction orders and for recovery of the $3,002.86 dollars that Allstate improperly paid to the Huntsville hospital in view of the prior record of state and federal court proceedings. The Alabama Supreme Court decided that O’Neal’s healthcare fraud claims should proceed against Avectus and Allstate by a judgment on 06/09/2023. O’Neal v Avectus Healthcare Solutions LLC. et. al. Case No. SC-2023-0106, (Alabama Supreme Court). What’s equally remarkable is that something continues to duplicate O’Neal’s pleadings for a writ of mandamus under different case numbers between 01/22 and 01/29/2024. Id. The Eleventh Circuit Court of Appeals has not issued an order or answered the telephone regarding the above related phenomenon because of fear. Id.

The plain truth is that the current criminal contempt of court proceedings would not be happening if the Alabama District Court would have decided the pending motion to vacate the injunction orders that was filed beforehand on 11/20/2023. (Doc. 158). The motion to modify or vacate. O’Neal v Allstate Indemnity Insurance Company Inc. et. al. Case No. 20-cv-00743-LCB, (ND. Ala). It does not matter what the court decided because O’Neal is entitled to appeal that decision before the Eleventh Circuit Court of Appeals as a matter of right. The expectation is the Eleventh Circuit Court of Appeals must uphold the prior Alabama DPS and HMS administrative decisions finding no liability coverage existed for the injunction orders to have been issued from the beginning according to federal law. Title 28 USC. Section 1738. The rule is that the federal District Court has no authority or jurisdiction to override an Alabama administrative agency decision because it has the same effect as a state court judgment. Id. That means the current criminal contempt of court proceedings could not have happened in the above regard. That is why the Alabama District Court refused to decide the pending motion to vacate the injunction orders. More specifically, there would have ultimately been an appellate court determination that Allstate obtained the injunction orders through misrepresentation and fraud in the aftermath. Id.

Whether you are a developer, home builder, or a member of an HOA, you should check out the recent NC Court of Appeals opinion on amendments to restrictive covenants to regulate short-term rentals. This article provides a quick summary and issues to think about when you are organizing a new HOA and when you are considering amendments to established restrictive covenants.