Weekly Round-Up October 13th, 2014

Same-Sex Marriage Legal in 5 More States:

  • The Supreme Court denied certiorari in seven cases from five states in the Fourth, Seventh and Tenth Circuits in which courts had struck down state bans on same-sex marriage, meaning that same sex marriages will be recognized in those states and soon in others. As a result of the Supreme Court’s decision, Indiana, Wisconsin, Utah, Oklahoma, and Virginia will allow same-sex marriage. It is likely that this will affect the courts’ decisions in several other pending lawsuits in the Fourth and Tenth Circuits, which may pave the way for same-sex marriage in: West Virginia, North Carolina, South Carolina, Wyoming, Colorado, and Kansas.  As of the date of the Supreme Court’s most recent decision, 19 of the 50 states and the District of Columbia allowed same-sex marriage. To read more about this decision, please read the article written by NYLS professor Arthur S. Leonard, by clicking here.  For more information, click here.

New Traffic Law: Civil Penalties For Hit and Run Drivers

  • New York State law requires an individual who knows or should know that they have been involved in a car accident involving property damage or injury to remain on the scene so that they may give their contact and insurance information to the injured party or police officer. The information that must be provided to the victim or the police officer includes the individual’s name, residence, license number, and insurance information.
  • Currently, if an individual flees the scene of an accident, there is a maximum fine of $5,000 under State law, but imposing this fine is difficult, due to the nature of a hit-and-run.
  • Under a new City law, civil penalties will be imposed on someone who flees the scene of an accident. The civil penalties can be added to any other civil or criminal charges the individual may face under the State Vehicle and Traffic Law.
  • The law also details the different levels of civil penalties that an individual may face depending on the severity of the accident. If property damage results, an individual can pay up to $500; if a person is injured, $1,000 to $2,000; if there is serious injury, $2,000 to $10,000; and if death results, $5,000 to $10,000.
  • Council Majority Leader and sponsor of the bill, Jimmy Van Bramer stated, “we are sending a strong message—if you break the law, we will track you down and bring you to justice. No family should ever suffer the loss of a loved one to a hit-and-run driver, and the signing of this bill will bring our City closer to ending this epidemic and making Vision Zero a reality.” To learn more about this, click here.

Serving Papers Via Facebook: 

  • Biscocho has been unable to locate his ex-wife and demonstrated to the Court that all attempts have failed. However, his ex-wife demonstrates an active presence on Facebook, even liking his current wife’s posts and photos. The Court ruled that it was impracticable for Biscocho to serve his ex-wife through traditional means such as at her home, office, through someone she knows or by taping the papers to her door. The best way to contact her is through social media.