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Asbury Law Firm
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Teresa M. Harkins La Vita
United States v. Windsor
Windsor v. United States
LexisNexis Legal Newsroom Staff
over 9 years ago
Immigration Law
Immigration Law Blog
Excerpts From the July 15, 2013, Bender’s Immigration Bulletin
DHS Begins Implementing Decision on DOMA On Wednesday, June 26, Secretary of Homeland Security Janet Napolitano announced that DHS would immediately begin to implement the Supreme Court decision invalidating section 3 of the Defense of Marriage Act...
LexisNexis Legal Newsroom Staff
over 9 years ago
Immigration Law
Immigration Law Blog
Excerpts From the Sept. 1, 2013, Bender’s Immigration Bulletin
Administration Issues Additional Guidance Following Supreme Court’s DOMA Ruling The State Department and Department of Homeland Security issued further guidance in August on the implementation of the Supreme Court’s ruling in United States...
Asbury Law Firm
over 9 years ago
Tax Law
Tax Reform and Policy
DOMA Doomed by Estate Tax Refund Claim
The United States Supreme Court has struck down the Defense of Marriage Act (DOMA) as an unconstitutional violation of the "equal liberty" protections of the 5th Amendment. The dispute in U.S. v. Windsor * began when Edie Windsor filed a...
Cheryl Keely
over 9 years ago
Family Law
Family Law Blog
High Court: Ban On Benefits For Same-Sex Married Couples Unconstitutional
WASHINGTON, D.C. - (Mealey's) In a 5-to-4 vote, the U.S. Supreme Court on June 26 struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defines marriage as the legal union between one man and one woman as husband...
Asbury Law Firm
over 10 years ago
Tax Law
Federal Taxation
District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA
In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment....
Asbury Law Firm
over 10 years ago
Estate and Elder Law
Practitioners Corner
Asbury Law Firm: District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA
In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment....
Robin Shea
over 9 years ago
Labor and Employment Law
Labor and Employment Law Blog
Supremes' DOMA Decision May Simplify Some Spousal FMLA Administration
Last week's Supreme Court decision in United States v. Windsor , [ bulletin on the Windsor decision and its effects on all types of benefits programs by Brian Magargle in our firm's Columbia, SC, office] [ an enhanced version of the opinion is...
Robin Shea
over 10 years ago
Labor and Employment Law
Labor and Employment Law Blog
Employment and Labor Roundup: Defense of Marriage Act decision, drugs, NLRB update, and more!
Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world! Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First...
Philip Miles
over 10 years ago
Labor and Employment Law
Labor and Employment Law Blog
DOMA Ruled Unconstitutional - COTW #80
Two days ago, a federal judge ruled DOMA unconstitutional in Golinski v. U.S. Office of Personnel Mgmt. - and, it's the Case of the Week! [ an enhanced version of this opinion is available to lexis.com subscribers ] The challenge actually arose...
Peter Lareau
over 10 years ago
Labor and Employment Law
Labor and Employment Law Blog
Only the Beginning? First Circuit Panel Invalidates Key Provision of Defense Of Marriage Act
In May 2012, a three-judge panel of the U.S. Court of Appeals for the First Circuit held that the definition of "marriage" set forth in Section 3 of the Defense of Marriage Act ("DOMA") does not pass constitutional muster. If the...
Teresa M. Harkins La Vita
over 11 years ago
Bankruptcy
Bankruptcy Law Blog
In Sickness and in Health . . . and in Bankruptcy
by Teresa M. Harkins La Vita A CA federal bankruptcy court in In re: Balas and Morales became the first since the DOJ's announcement that it would no longer defend the Defense of Marriage Act to rule on the constitutionality of DOMA. The bankruptcy...
Norton Rose Fulbright
over 11 years ago
Tax Law
Tax Policy Blog
The New York Marriage Equality Act and Its Impact on Estate and Tax Planning
By Philip J. Michaels , Stephanie E. Heilborn and Jaclyn Gail Feffer On June 24, 2011, New York enacted the Marriage Equality Act (the "Act"), becoming the seventh jurisdiction in the U.S. to permit same-sex marriages, effective July 24,...
Asbury Law Firm
over 10 years ago
Tax Law
Tax Policy Blog
District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA
In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment....
Deanne Morton
over 12 years ago
Tax Law
Lexis Tax Staff Analyses
Why Tax Same-Sex Couples on Employer-Provided Health Benefits?
This past week marked a significant change in the area of hospital visitation rights. Under new regulations implemented by President Obama, hospitals that participate in Medicare and Medicaid programs (i.e., most U.S. hospitals) must allow patients to...
LexisNexis Legal Newsroom Staff
over 7 years ago
Estate and Elder Law
Estate and Elder Law Blog
Katten Muchin Rosenman LLP: 8 Key Estate Planning Opportunities Arising From The Supreme Court's Decision On Same-Sex Marriage
By Katten Muchin Rosenman LLP On June 26, 2015, the US Supreme Court ruled that a state ban on same sex marriage is unconstitutional, in violation of the equal protection clause of the Fourteenth Amendment. The landmark ruling in the combined cases...
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