Superman legal battle isn't over yet: Siegels try a new strategy ...

Robot 6

by Kevin Melrose | March 4, 2013 @ 9:00 AM | 18 Comments |

Action Comics #1

Despite a January appeals court decision that seemed to signal an end to the nearly decade-long battle for ownership of Superman, the family of co-creator Jerry Siegel still holds out hope for victory over DC Comics.

Overturning a 2008 ruling, the Ninth Circuit Court of Appeals found Jan. 10 that the Siegel heirs had accepted a 2001 offer from DC that permits the publisher to retain all rights to the Man of Steel (as well as Superboy and The Spectre) in exchange for $3 million in cash and contingent compensation worth tens of millions ? and therefore they were barred from reclaiming a portion of the writer?s copyright to the first Superman story in Action Comics #1.

That decision came less than three months after a federal judge determined the 2003 copyright-termination notice filed by the estate of co-creator Joe Shuster was invalidated by a 20-year-old agreement with DC in which the late artist?s sister Jean Peavy relinquished all claims to Superman in exchange ?more than $600,000 and other benefits,? including payment of Shuster?s debts following his death earlier that year and a $25,000 annual pension for Peavy.

However, that January decision sent the case back to federal court in California, where DC filed a motion for summary judgment last month asking for a definitive end to the bitter legal feud. And it?s there the Siegel estate sees a glimmer of hope.

According to The Hollywood Reporter, Siegel?s daughter Laura Siegel Larson and attorney Marc Toberoff are attempting a new strategy, arguing not only that the Ninth Circuit didn?t address all of the outstanding issues in the case but that if there was a contract, then DC failed to perform: ?DC anticipatorily breached by instead demanding unacceptable new and revised terms as a condition to its performance; accordingly, the Siegels rescinded the agreement, and DC abandoned the agreement.?

In addition, Toberoff wants to reintroduce his belief that the U.S. Copyright Act prohibits the anticipatory transfer of terminated rights through contracts, an argument that?s met with mixed results.

The two parties are already scheduled to appear before U.S. District Judge Otis D. Wright on March 11 on DC?s motion for summary judgment and Toberoff?s motion to dismiss the publisher?s copyright-interference claims.

Source: http://robot6.comicbookresources.com/2013/03/superman-legal-battle-isnt-over-yet-siegels-try-a-new-strategy/

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Tips Before getting Life Insurance: Must visit | Myyouthcareer

Tips Before getting Life Insurance is for everyone who wishes to save your money for an certain purpose or for the good will of his family. Life insurance provides an complete beneficial Cover to your life and even your Family, so that you can feel free and stay worry less.

Tips Before getting Life Insurance:-

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Whenever you are purchasing life insurance, you should avoid paying high commissions. These days there are several options you can choose from where you will not have to pay any commissions at all so make sure to do your research and buy?a policy that does not include high commission rates.

When considering purchasing life insurance you should think about your long term life insurance needs. Some policies can adjust to your changing needs through your life. If you have young children your life insurance needs will be far different from when your children are adults. This can be useful because they can insure your different needs based on the age you started instead of your current age, which can save a lot of money.

You need to ensure you know the vocabulary associated with life insurance before you start your search for the best policy. Become familiar with terms like cash value, dividends, premium, annual escalation, etc. You will be able to make a much smarter choice if you are familiar with insurance terms and able to evaluate the pros and cons.

Be sure that you learn the difference between permanent life insurance and term insurance. Depending on what exactly you need from a life insurance policy, a permanent life insurance plan may be too much for you and could end up just costing you a lot of money for something you will not use.

Buy life insurance to supplement pension and social security income. If one spouse dies, the other will need to live on much less income, and life insurance can serve as a partial income replacement for the surviving spouse. Term insurance works well for this purpose, and a whole life policy is even better because of its growing cash value, although it costs a lot more money.

One important thing you must understand before you buy life insurance is why you are buying it. Life insurance is to provide for families in the event the provider dies. As long as you know why you are buying your insurance, you will be much better able to make an informed decision.

Do not feel ashamed to ask an advisor any questions that you have. That is what they ask for. It is important that you understand all of the aspects of your potential life insurance policy. No one knows the ins and outs of a life insurance plan better than an advisor.

Be aware that many life insurance plans have a 30-day return policy. If within the 30 days you read over your policy and see something that you do not like, or you just decide that you do not want the plan, you can return it and get your full premium back.

A great life insurance tip that everyone should take heed of is to not rely on the life insurance policy provided by your employer. While many employers offer their employees a life insurance plan, it is usually not enough to address all the needs of you and your family.

Using the advice above you should now be a little wiser as to whether buying a life insurance policy would be beneficial to you and your family. While it may have a monthly cost that seems like an extra burden, is the financial burden your family would face without you not just as much, if not more?

You May also like..:-

Source: http://myyouthcareer.com/tips-before-getting-life-insurance-must-visit/

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Friends (Quakers) for Lesbian, Gay, Bisexual, Transgender, and

Friends for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns (FLGBTQC) has signed friend of the court briefs filed filed by law firm Kramer Levin on behalf of a range of religious organizations in two cases before the US Supreme Court this term.

From the announcement by Kramer Levin:

Kramer Levin has filed a pair of amicus briefs on behalf of a broad-based coalition of religious organizations in the historic LGBT rights cases now pending in the U.S Supreme Court...

Confronting and rebutting arguments by religious supporters of DOMA and Proposition 8 purporting to state a uniform religious position on marriage, the briefs document the growing range of religious traditions that respect the dignity of lesbian and gay people and their families; solemnize or otherwise honor their relationships; and support civil marriage equality. And stressing the distinction between religious and civil marriage, the briefs make clear that respecting the marriage rights of same-sex couples will not impinge upon religious beliefs, practices, or operations, but rather will prevent one set of religious beliefs from being imposed through civil law.

http://www.kramerlevin.com/Kramer-Levin-Files-Briefs-in-Historic-Supreme-Court-LGBT-Rights-Cases-02-27-2013/

The entire announcement is well worth reading. ?

From the briefs:

Amicus curiae
Friends for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns (?FLGBTQC?) is a faith community within the Religious Society of Friends. FLGBTQC deeply honors, affirms, and upholds that of God in all people.?

Links:
(Please note, not all the briefs filed in these cases have been uploaded to all the tracking websites yet.)

Please see related post "Friends (Quakers) for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns Endorses Friend of the Court Briefs in Two Supreme Court Cases -- Details" at http://aquakerwitch.blogspot.com/2013/03/friends-quakers-for-lesbian-gay.html ?

Source: http://aquakerwitch.blogspot.com/2013/03/friends-quakers-for-lesbian-gay_4.html

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What Do Whisker Wars Have To Do With Real Estate Investing?

Last year I stumbled on show called Whisker Wars on the IFC channel. The program is a reality show that revolves around the extreme facial hair lifestyle. ?The show is pretty interesting and coincidentally, my introduction to it coincided with my business partner?s quest to look like one of the show?s participants.

Last year I took several days off to celebrate Thanksgiving and spend time with my family. It was very relaxing and for several days I neglected to shave. By the third day, full of Whisker Wars motivation, I found myself asking, ?I wonder what I would look like with a beard??

Every so often this hair brained (excuse the pun) idea pops up in my head. For some reason the prospect of full-grown facial hair keeps coming back to me. Maybe it?s the draw of something new and different. It may also be the fact that until my late 20?s my scruff was limited to blotchy patches resembled to a skin growth more than a beard. The point is, I decided to let it grow for a few days and see how things turned out.

The results were predictable. In retrospect, I end up with the same results every time I get the itch.

By day 5, the beard was developing quite well. I no longer looked like a weekender delaying a good shave until Monday morning. Instead, the hair length made my attempt obviously intentional. I even shaved my neck to clean things up.

Day 6 was the turning point. That hair began to itch. In one day it went from ?cool and presentable? to looking shaggy and feeling uncomfortable.

?Things will get better in a few more days,? I told myself.

That brings us to this morning ? day 10. Looking in the mirror it was apparent that things had not gotten better. A few remaining ?bald spots? persisted from my youth, and the whiskers continued to itch. It was simply a mess.

So I did the only thing I could. With disappointment, I got rid of the facial hair until the next time.

By this point you?re probably wondering, what does this have to do with Real Estate Investing?

Every week I talk to at least one person who tells me about the next, best thing in Real Estate. It?s always a new strategy or system to make more money faster than ever before. When I run into these people months or even weeks later, the results never seem to meet the initial hype.

Just like my periodic facial hair adventures, I think there a lot of Real Estate investors that are drawn into the newest, greatest program or system. Maybe it?s the adventure of the unknown, or maybe it?s a pursuit to find that one idea that will give them success where it has eluded them in the past. For whatever reason, a lot of people find themselves looking at these programs saying, ?I wonder what I would look like with a beard??

Please understand ? I am not discounting all of the educators, coaches, programs and systems on the market. I endorse and promote those that I have used or found success with. Education is critical to any successful endeavor. But there are tried and true ways to make a lot of money in Real Estate investing. Focus and implement the proven systems before venturing into the unknown world of the newest, greatest thing.

Successful investors use wholesaling, fix and flip investing and rental properties to build cash flow and wealth. I suggest and practice concentration on the same.

The next time you?re tempted by the prospect of a new and exciting strategy, be prepared for the itch and bald spots of the scraggly beard that may result. Don?t wait until it gets ugly before taking out your razor for a nice clean shave.

Source: http://www.reiclub.com/realestateblog/what-do-whisker-wars-have-to-do-with-real-estate-investing/

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Judge rejects Whitey Bulger's 'license to kill' claim

AP file

Boston mob boss James "Whitey

By Denise Lavoie, The Associated Press

BOSTON ? Gangster James "Whitey" Bulger cannot present evidence to a jury about his claim that he was given immunity for future crimes, including murder, a federal judge ruled Monday, calling Bulger's contention that he had a license to kill "beyond the pale."

U.S. District Judge Richard Stearns found that an immunity agreement "cannot as a matter of public policy license future criminal conduct."

"The court concludes that any grant of prospective immunity to commit murder was without authorization and is hence unenforceable under any circumstance," Stearns wrote.

He also wrote, "A license to kill is even further beyond the pale and one unknown even in the earliest formulations of the common law."

Stearns, however, did not immediately rule on Bulger's claim that he received immunity for past crimes.

"Without knowledge of the date of the alleged agreement, however, the court is unable to say whether this determination nullifies defendant's claim of immunity in its entirety (again, assuming proof of its existence)," he wrote.

Stearns gave lawyers additional time to submit written arguments and indicated he will hold a pretrial hearing on Bulger's claim of immunity for past crimes.

Bulger, the former leader of the Winter Hill Gang, is accused of participating in 19 killings. His trial is scheduled to begin June 6.

The ruling was a blow to Bulger's lawyers, who want to use the claim of immunity as their defense during his trial.

They blasted the ruling and said Bulger's right to a fair trial "is at stake by this decision."

Attorneys J.W. Carney Jr. and Hank Brennan said the federal government "has done everything in its power over the past 25 years to cover up the relationship between James Bulger and Federal law enforcement officials."

"The Federal government, including attorneys who worked for the D.O.J. during this period, desperately want to conceal this sordid history from the jury, the victims, and the public," they said in a statement. "Today's decision is another step toward that goal."

Bulger, now 83, was a fugitive for 16 years after fleeing Boston in late 1994 just before he was indicted. He was captured in Santa Monica, Calif., in June 2011.

Bulger, who authorities say worked as an FBI informant while he was committing crimes, claims he received immunity from federal prosecutor Jeremiah O'Sullivan, who died in 2009.

Bulger's lawyers have asked a federal appeals court to remove Stearns from the case.

Carney argues that Stearns has a conflict of interest because he worked as a prosecutor in the U.S. attorney's office in Boston at the same time as O'Sullivan. The 1st U.S. Circuit Court of Appeals has not indicated when it will rule on the request.

In his ruling, Stearns agreed with prosecutors that he should rule on Bulger's immunity claim before trial.

"Resolution of defendant's immunity claim requires an inquiry only into the existence, scope, and validity of the alleged agreement he made with New England Organized Crime Strike Force Chief Jeremiah O'Sullivan," Stearns wrote.

"It does not require the presentation of evidence regarding the commission of any of the nineteen murders or other crimes with which defendant is charged. The government's motion is thus not only appropriately raised, but calls for pretrial resolution."

Stearns noted that Bulger has the right to testify in his own defense at trial, regardless of the court's ruling on his immunity claim. But he also noted that testifying in one's own defense can be limited by rules relating to "materiality and perjury."

Stearns said there has been a "paucity of information" provided by Bulger's defense regarding his claim of immunity. Bulger's lawyers have said only that O'Sullivan ? some time before December 1984 ? promised Bulger immunity from prosecution for all past and future crimes, up to and including murder.

A spokeswoman for U.S. Attorney Carmen Ortiz declined to comment on the ruling.

Bulger's lawyers have argued that if the judge prevents Bulger from presenting a defense based on his immunity claim, it will deprive Bulger of his right to a fair trial.

"Whether or not the defendant was granted immunity is at the core of this case," the defense wrote in a court filing Friday.

Carney recently stunned prosecutors when he said Bulger was never an FBI informant. In documents filed in court Friday, prosecutors said the claim that Bulger was not an FBI informant, but still had immunity is "both strange and unsubstantiated."

In their statement Monday, Bulger's lawyers said Bulger is prepared to testify "how and why he received immunity" from O'Sullivan "for past and ongoing crimes."

? 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://usnews.nbcnews.com/_news/2013/03/04/17185390-judge-rejects-whitey-bulgers-license-to-kill-claim?lite

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MPs to consider biofuel subsidies

5 March 2013 Last updated at 20:32 ET By Roger Harrabin Environment analyst

MPs are due to decide on Wednesday whether to accept controversial plans for new subsidies to burn trees and plants in UK power stations.

Ministers are looking to biofuels like palm oil and American wood pellets to help meet the UK?s legally binding commitment on renewable energy.

Plants soak up carbon when they grow, so biofuels are intended to cut net carbon emissions.

But many scientists say they harm rainforests and wildlife.

These researchers warn that in some cases biofuels produce more carbon emissions than they save.

The dash to grow biofuels was prompted by the EU decision to obtain 20% of all energy from renewable sources.

The policy was shaped hurriedly, and failed to take into account many factors, especially under-estimating the value of intact rainforests in mitigating climate change.

The biofuel industry responded by guaranteeing that its activities would be ?sustainable? - on land already cleared. But they failed to take into account that using land for biofuel palm oil would simply increase global demand for palm oil overall, and that would lead to more rainforest being felled to meet demand elsewhere.

This enrages environmentalists striving to combat the spread of palm oil, which is used in hundreds of foods and consumer products but whose cultivation constitutes a major threat to the survival of species like orangutans.

The UK government?s own chief scientific adviser, Professor Sir John Beddington, has said: "The idea that you cut down rainforest to actually grow biofuels seems profoundly stupid."

Since their introduction in Europe, crops grown for biofuel liquids have prompted land grabs in developing countries and pushed up the price of food for the poor. There has been a long tussle within the EU over these indirect consequences.

Preliminary new European research says they must be taken into account, but many governments still cling to biofuels as a way to help them meet renewables targets.

That is why the MPs on the cross-party scrutiny committee will be under pressure on Wednesday to agree the government?s proposed new subsidy regime.

Planning permission has already been granted for two UK power stations to burn bioliquids, including palm oil, and the government plans to promise future subsidies, without which the fuels are uneconomic.

A DECC spokesman told BBC News that under EU rules it could not refuse subsidies to palm oil without stopping subsidies to other liquid biofuels deemed to be less harmful. DECC says power plants should not gain more than 4% of their power from palm oil, but campaigners say that will still double the UK?s annual imports of the oil.

The European Environment Agency said the carbon emissions from biofuels had not been properly accounted for.

?It is widely assumed that biomass combustion would be inherently ?carbon neutral? because it only releases carbon taken from the atmosphere during plant growth," it states.

?However, this assumption is not correct and results in a form of double-counting, as it ignores the fact that using land to produce plants for energy typically means that this land is not producing plants for other purposes... The potential consequences of this bioenergy accounting error are immense.?

A recent Nature paper from the Open University said that emissions from felled swamp forest were even higher than previously thought. Mike Andrews from ACSEB ? Action for Sustainable Energy for Bristol (where one palm oil power station is planned) - told BBC News: "The government?s biofuels plans have got to be stopped. This policy really is counter-productive. It?s madness.?

Biofuelwatch says Holland and Germany have withdrawn subsidies from liquid biofuels for power generation.

Meanwhile, the life of old coal-fired power stations is being extended by subsidising them to burn wood pellets. The giant Drax station in Yorkshire, for instance, is turning over half its boilers to pellets.

The firm says the pellets are waste ? mainly from US timber production ? but Drax alone will burn more wood than the entire output from the UK?s timber industry. The Royal Society for the Protection of Birds says the scale is too huge to support.

The MPs considering the UK subsidies are on the Eleventh Delegated Legislation Committee, a non-specialist group which scrutinises details of government rule-making on all topics.

Follow Roger on Twitter @rharrabin

Source: http://www.bbc.co.uk/news/science-environment-21672840#sa-ns_mchannel=rss&ns_source=PublicRSS20-sa

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The Bachelorette Announcement, Premiere Dates Revealed!

Source: http://www.thehollywoodgossip.com/2013/02/the-bachelorette-announcement-premiere-dates-revealed/

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