The Bombay High Court has the Italian man [X], who in breach of the Court’s injunction order had run away with his seven-year-old adopted daughter, would not be prosecuted if he brings her back.In 2010, the Italian man and his wife[Y] had obtained joint guardianship of the girl by an adoption centre in Pune.Following their split, X was granted sole custody of their daughter through an ex parte order by a family court in Pune. This order was challenged by Y, who is a resident of Goa.A division bench of Justice VM Kanade and Justice AS Gadkari is hearing the appeal filed by Y and a counter appeal filed by X.According to the order dated March 21, the Ministry of Foreign Affair and International Cooperation, Rome, got a letter dated February 7, 2017, from the Chief of Cabinet of Ministry of Interior, Minister’s Cabinet, International Affairs Office, Rome, informing that the police department has contacted the husband, X, and they conveyed that X and his … [Read more...] about No Prosecution Against Italian Man If He Brings Back Adopted Daughter: Bombay HC
Autobus a verona
Enjoining The Correct Spelling re: SEC Administrative Proceeding
In yesterday’s post, I wrote about Judge Leigh Martin May had issued a ruling enjoining a SEC administrative proceeding. Presumably, Judge May has or will issue an injunction. This leads me to question why the verb is typically spelt “enjoin” while the noun is spelt “injunction”. Both words share the same roots – they are formed by the Latin preposition in and the verb iungo, meaning to join or yoke. The “em” prefix seems to have arisen as a result of the word’s journey through the French enjoign into English.Apart from the vagaries of spelling, I find “enjoin” to be an odd word. Sometimes, it means to order that someone do something. For example, in Act II, scene 1 of Two Gentlemen of Verona, Valentine says to Speed: “Last night she enjoined me to write some lines to one she loves.” However, courts and lawyers often, but not always, use “enjoin” in … [Read more...] about Enjoining The Correct Spelling re: SEC Administrative Proceeding
Court Rules Unincorporated Association Aided Director’s Breach Of Fiduciary Duty
Nearly four years ago, I first wrote about California’s Unincorporated Association Law. Typically, an unincorporated association is a club, church, or other social organization. A criminal street gang might also be an unincorporated association. People ex rel. Totten v. Colonia Chiques, 156 Cal. App. 4th 31 (2007). In a ruling handed down last week, U.S. District Court Judge Yvonne Gonzalez Rogers concluded that a proto-corporation also qualified as an unincorporated association under the General Corporation Law.AngioScore, Inc. v. TriReme Med., Inc., 2015 U.S. Dist. LEXIS 86041 (N.D. Cal. July 1, 2015) involved a corporation’s lawsuit against a former director for breach of fiduciary duty. The alleged breach arose the director’s development of a competing product while still a member of the plaintiff-corporation’s board of directors. The corporation also sued two corporations for aiding and abetting the breach.Judge Rogers … [Read more...] about Court Rules Unincorporated Association Aided Director’s Breach Of Fiduciary Duty
California Labor Code: Pay By Another Name Might Be Salt
Yesterday’s post concerned the classification of directors and officers as employees for purposes of California’s workers’ compensation law. Effective January 1, 2017, California Labor Code Section 3351(c) will define “employee” to include all “officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay” (read the post for possible exclusion). The statute doesn’t define “pay” and that set me to thinking about the several different words that we use to describe “pay”.“Pay” The word “pay” is derived from the Latin word pax meaning peace (a word also derived from pax). Certainly one will not have peace if salaries are unpaid.“Salary” The word “salary” is also of Latin derivation. It is a descendant of the term for money given to Roman soldiers to buy … [Read more...] about California Labor Code: Pay By Another Name Might Be Salt
Using Fake Bar Number, ‘Lawyer’ Handled 20 Civil Matters, Newspaper Reports
When Kelly Fulmer resigned from the Walton-Verona school board this week, after more than a decade of service, he didn’t give a reason.But he told fellow board members in the Kentucky school district they would be reading about him in the newspaper, reports the Cincinnati Enquirer.And they did: Although Fulmer, who listed himself as a “Michigan Law School” graduate on a school district website, has handled 13 probate cases and seven other civil matters in the Boone County courthouse since 2006, he did so using a fake Kentucky bar number, the newspaper says.He even used that same bar number in the Northern Kentucky Bar Association’s legal directory for 2010, according to the article.It appears, however, that Fulmer isn’t a lawyer, at least in Kentucky: Linda Tally Smith, who serves as commonwealth’s attorney for Boone County, says there is no record that Fulmer has a law license in the state, and the Boone County sheriff’s office is … [Read more...] about Using Fake Bar Number, ‘Lawyer’ Handled 20 Civil Matters, Newspaper Reports