The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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No Asylum For Abused Gay Man.

January 1, 2016 by

no asylum for abused gay man

A man brought a petition for review of an immigration board’s denial of asylum to the Ninth Circuit Court of Appeals under the Convention Against Torture [CAT] based on his sexual orientation and HIV-positive status. The man testified he was raped and otherwise sexually abused by his uncle, his cousins and a neighbor, and that his abusers referred to him using homophobic slurs, telling him they were abusing him because he was gay.

Filed Under: Civil Rights Law News, Immigration Law News, Legal News, LGBT Law News, Ninth Circuit Court of Appeal Law News Tagged With: 805 F.3d 1171

Same-Sex Couples Have A Right To Marry & A Right To Have Marriage Recognized By Other States.

September 4, 2015 by

marriage

The United States Supreme Court held the Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. Chief Justice Roberts, in his dissent joined by Justices Scalia and […]

Filed Under: Fourteenth Amendment Law News, Legal News, LGBT Law News, U.S. Supreme Court Tagged With: 135 S.Ct. 2584, 192 L.Ed.2d 609

Defendant’s Sexual Orientation Not Relevant; Conviction Reversed.

November 14, 2014 by Leave a Comment

The woman defendant in a criminal trial was charged with molesting a six-year-old girl she babysat. She was convicted and sentenced to 16 years in prison. During closing arguments, the prosecutor repeatedly urged the jury to consider the defendant’s sexual orientation in deciding the truth of the charges against her. In reversing her conviction, the […]

Filed Under: Appellate Law News, Criminal Law News, Discrimination Law News, Legal News, LGBT Law News

Same Gender Sexual Harassment.

June 10, 2014 by Leave a Comment

Plaintiff, a heterosexual man, worked for a city, and filed an employment action, contending he was sexually harassed by two of his male supervisors and then retaliated against when he complained about the sexual harassment. The trial court granted summary judgment in favor of the two supervisors and later granted the city’s motion for judgment […]

Filed Under: Appellate Law News, California Fair Employment and Housing Act -- FEHA Law News, Civil Rights Law News, Employment Law News, Legal News, LGBT Law News

Classifications Based On Sexual Orientation Require Heightened Scrutiny.

March 15, 2014 by Leave a Comment

The allegations are that drug company #1 licensed to drug company #2 the authority to market drug company #1’s HIV drug.  After it sold the license to its drug, drug company #1 increased the price fourfold. Meanwhile back at drug company #1, another HIV drug was being marketed at a much lesser cost, thus driving business […]

Filed Under: Appellate Law News, Discrimination Law News, Legal News, LGBT Law News

Where Man Was Subjected To Persecution In Russia Because He Is Homosexual Ninth Circuit Grants Review In Case.

January 15, 2014 by Leave a Comment

The Board of Immigration Appeals dismissed a man’s appeal from an order denying his application for asylum.  He contends he has a wellfounded fear of future persecution if he is removed to Russia because he is a homosexual. The immigration judge had concluded the man did not carry his burden of demonstrating the Russian government was […]

Filed Under: Immigration Law News, Legal News, LGBT Law News, Ninth Circuit Court of Appeal Law News

Law Prohibiting Sexual Orientation Change Efforts Does Not Infringe On First Amendment Or Other Fundamental Rights.

October 8, 2013 by Leave a Comment

The California Legislature passed a law banning state-licensed mental health providers from engaging in sexual orientation change efforts. In two cases, plaintiffs [National Association for Research and Therapy of Homosexuality and American Association of Christian Counselors, among others] sought to enjoin enforcement of the law, arguing it violates the First Amendment and infringes on several other […]

Filed Under: First Amendment Law News, Legal News, LGBT Law News, Ninth Circuit Court of Appeal Law News

United States Supreme Court Issues Proposition 8 Opinion.

August 21, 2013 by Leave a Comment

On June 26, 2013, the Supreme Court of the United States issued its ruling on the Proposition 8 matter in an opinion authored by John Roberts, Chief Justice of the United States. After first noting the public is currently engaged in an active political debate over whether same-sex couples should be allowed to marry, the high […]

Filed Under: Constitutional Law News, Discrimination Law News, Divorce Law News, Family Law News, Government Law News, Legal News, LGBT Law News, U.S. Supreme Court

DOMA Found Unconstitutional By High Court.

August 14, 2013 by Leave a Comment

Two New York women were lawfully married in Canada in 2007. One of them died in 2009, leaving her entire estate to the survivor who sought to claim the estate tax exemption for surviving spouses. The Defense of Marriage Act [28 U.S.C. § 1738C ; DOMA] barred her from succeeding on her exemption claim. § 3 […]

Filed Under: Civil Rights Law News, Constitutional Law News, Discrimination Law News, Estate Planning Law News, Family Law News, Government Law News, Legal News, LGBT Law News, U.S. Supreme Court

Intentional Interference With Expected Inheritance [IIEI]; There’s A New Tort In Town!

March 22, 2013 by Leave a Comment

Homosexual Intentional Interference With Expected Inheritance [IIEI]

It’s called intentional interference with expected inheritance [IIEI].  Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery.  He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner.  The partner prepared the will and sent a copy of it to the […]

Filed Under: Appellate Law News, Legal News, LGBT Law News, Negligence Law News, Personal Injury Law News, Probate Law News

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Recent News

Buying Your First House: Here is What You Need to Know About Mortgages

August 15, 2023 By Mark Mellor

Congratulations! You're ready to take the leap into homeownership, an exciting journey that begins with understanding mortgages. A mortgage is a loan provided by a lender that helps you to buy a house. You repay this loan, with interest, over a specified period. Let's dive … Read More...

Involved in a Construction Accident? Know the Types of Compensation Available

August 8, 2023 By Mark Mellor

Construction sites are bustling with activity, but amidst the organized chaos, accidents can occur, leading to severe consequences for those involved. Construction accidents can result in devastating injuries, significant medical bills, lost wages, and emotional trauma. If you … Read More...

Failure to Disclose: What Are Your Rights If a Home Seller Conceals a Defect?

July 5, 2023 By Mark Mellor

When it comes to buying a home, transparency is crucial. In the real estate world, sellers have a legal duty to provide buyers with written disclosures that outline any known defects or material facts about the property. These disclosures are designed to protect buyers and ensure … Read More...

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  • Failure to Disclose: What Are Your Rights If a Home Seller Conceals a Defect?
  • Are Verbal Agreements Legally Binding in the Construction Industry?

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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