California Financial Privacy Law Partially InvalidatedWritten by Richard A. Chapo
The 9th Circuit Federal Court of Appeals has dealt a blow to privacy advocates by invalidating a California privacy law. In litigation brought by American Bankers Association and others, appellate court overruled finding of a trial judge that California law could stand. Instead, appellate justices found law to be pre-empted in part by federal 2003 Fair and Accurate Credit Transactions Act. When a state law conflicts with a federal one, federal law takes precedent. For instance, Supreme Court has ruled abortion to be constitutionally protected. No state may pass anti-abortion laws and have them enforced. The question at issue in California law was a section giving California residents right to block financial institutions from selling their private information to third parties. A San Francisco trial judge, Morrison C. England, Jr., had ruled section conflicted with provisions of Fair and Accurate Credit Transactions Act, but was not pre-empted because federal law allowed for stricter state laws. The 9th Circuit court disagreed.
| | The Ideal Auto Accident LawyersWritten by Mart Gil Abareta
When you finally need one, you want best!After an auto accident, putting pieces of your life back together is possible. Financial relief is obtainable, too. You just need to make sure you have right one to make it happen for you. Now, big question is – What must seriously injured auto accident victim look for in a lawyer? Below are some important issues to think about when choosing ideal auto accident lawyers to fight for you. Knowledge and experience are central qualities of any good auto accident lawyer. First, you must know your potential auto accident lawyer’s legal ability rating and general ethical standards rating that he has obtained for all of past year/s of his career. These lawyers must have served as prosecuting counsel in litigation involving substantial injuries, and then obtained substantial settlements and jury verdicts. In addition, knowing if auto accident lawyers have obtained positive recognition in and outside legal profession is also important. Also, an auto accident lawyer must have been recognized by his peers as established, superior trial lawyers. He must also verify that he is an effective legal advocate, by citation to important published appellate victories he has achieved. A lawyer's appellate success matters because it is a good measure of attorney's vitally important general ability to argue and persuade on legal issues, and this is important for any auto accident case.
|