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House Dems Target Court's Pay Ruling
Legal Career News |
2007/06/13 17:25
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The time limit for suing a company for pay discrimination should restart each time an employee gets a reduced paycheck, House Democrats said Tuesday, taking issue with a recent Supreme Court decision. The court's May 29 decision limited the time workers have to sue their employers to six months after the allegedly illegal action began.
The time limit should run "from the date a discriminatory wage is actually paid, not simply some earliest possible date which has come and gone long ago," said Rep. Rosa DeLauro, D-Conn.Republicans and business advocates warned that making that change could make business executives liable for actions taken by managers who had left a company long ago. "At the end of the day, such a loophole conceivably could allow a retiring employee to seek damages against a company now led by executives who had nothing to do with the initial act of discrimination," said Rep. Howard P. "Buck" McKeon of California, top Republican on the Education and Labor Committee. The Supreme Court voted 5-4 to throw out a Goodyear employee's complaint that she earned thousands of dollars less than her male counterparts. Under the court's decision, an employee must sue within a 180-day deadline of a decision involving pay if the employee think it involves race, sex, religion or national origin. Ledbetter, a supervisor at Goodyear Tire & Rubber Co.'s plant in Gadsden, Ala., sued right before she retired. She ended a 19-year career making $6,500 less than the lowest-paid male supervisor, and she claimed earlier decisions by her supervisors kept her from making more. The court's five most conservative members said the woman waited too long to complain. Justice Ruth Bader Ginsburg, writing in dissent for the court's four liberal members, urged Congress to amend the law. Advocates said six months is not enough time to build a case and decide whether a lawsuit is warranted, given how secretive people are about their salaries and companies are about their decisions on raises. |
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Top court rules against Philip Morris
Legal Career News |
2007/06/11 13:33
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The U.S. Supreme Court ruled on Monday that a class-action lawsuit against Philip Morris USA, a unit of Altria Group Inc. (MO.N: Quote, Profile , Research), should not be decided in federal court, handing a defeat to the tobacco company. The justices unanimously reversed a ruling that allowed Philip Morris to transfer the lawsuit to federal court from the Arkansas state court where it initially was filed. At issue is a suit filed against Philip Morris by two Arkansas women alleging that the company engaged in unfair business practices in marketing its low-tar Cambridge Lights and Marlboro Lights cigarette brands. Companies facing class-action lawsuits typically prefer to have those cases litigated in federal courts, where they usually fare better than in state courts. Philip Morris succeeded in having the case moved to federal court, saying it was appropriate because cigarette advertisements had been regulated by a U.S. agency -- the Federal Trade Commission. The move was subsequently upheld by a federal appeals court in St. Louis. The U.S. Justice Department told the Supreme Court that the appeals court's ruling should be overturned. The Supreme Court agreed and reversed the ruling in an opinion written by Justice Stephen Breyer. Breyer said the fact that a federal regulatory agency directs, supervises and monitors a company's activities in considerable detail does not bring that company under the scope of the law that permits removal to federal court. |
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US quarantine laws need updating: CDC director
Legal Career News |
2007/06/08 13:38
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Dr. Julie Gerberding, Director of the Centers for Disease Control and Prevention (CDC) and Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), testified before the US Senate Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies Wednesday in the wake of a tuberculosis scare that US interstate and foreign quarantine regulations needs to be codified to reflect up-to-date disease containment methods such as isolation and quarantine. Gerberding said that "more explicit due process protections for written orders and an administrative review hearing" were necessary, as well as expanding the availability and reporting of ill passengers on aircraft. Gerberding also emphasized the need to tighten health security at ports of entry by increasing information sharing, detection equipment, and medically-trained staff. Gerberding's recommendations follow an ongoing investigation of US citizen Andrew Speaker who traveled from Italy back into the United States by the way of the Czech Republic and Canada despite being instructed to cancel all his flight plans following a diagnosis of extensively drug-resistant tuberculosis (XDR TB). Speaker also testified at the hearing by phone. The US Department of Health and Human Services (HHS) and the CDC had requested that the US Customs and Border Protection (CBP) detain the patient upon his re-entry into the US, but according to the Department of Homeland Security (DHS), a Border Patrol agent ignored the flag and allowed Speaker to reenter the US. He remains in quarantine under the authority of the Denver County health officials. |
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Atlantic Yards suit dismissed by federal judge
Legal Career News |
2007/06/07 14:46
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A federal judge today dismissed a lawsuit against the $4 billion Atlantic Yards development in Brooklyn. The ruling, eagerly awaited for two months, is a major blow to opponents of the project, who plan to appeal. The lawsuit challenges the eminent domain condemnations that Atlantic Yards needs to proceed. Thirteen residents and businesses in the project’s footprint have refused to sell their apartments, buildings or long-term leases to Forest City Ratner Cos., which wants to build a 19,000-seat arena, a huge office and retail complex, and more than 6,000 apartments. "Today's decision is an important victory not only for Atlantic Yards but for Brooklyn as well. This decision means we are one step closer to creating over 2,200 units of affordable housing, thousands of construction and office jobs and bringing the Nets to Brooklyn," said Bruce Ratner, president and CEO of Forest City Ratner Companies. Their suit’s chances, say project opponents, are best if the case remains in federal court. That is why they say they will appeal the ruling issued today by Judge Nicholas Garaufis to the U.S. Court of Appeals for the 2nd Circuit. “Part of the reason we have a better chance to win [there] is because the federal courts are much more familiar with constitutional issues and are less susceptible to political pressures,” said the plaintiffs’ attorney, Matthew Brinckerhoff days before the ruling. A federal magistrate judge had recommended in February that the case belonged in state court. Judge Garaufis disagreed, but dismissed the case on its merits. Another suit by opponents, challenging the process by which the state reviewed and approved the development, remains pending. But the eminent domain lawsuit was considered the greater threat to the project. The crux of Mr. Brinckerhoff’s argument was that the condemnations do not have a primarily public purpose, as required by New York’s eminent domain law. |
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Appeals court rejects Mich. abortion law
Legal Career News |
2007/06/04 17:42
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A federal appeals court Monday rejected Michigan's attempt to ban a procedure opponents call partial-birth abortion, ruling the law unconstitutional because it could also prohibit other abortion procedures. A three-judge panel of the 6th U.S. Circuit Court of Appeal said the Michigan Legislature would have been "virtually guaranteed" a favorable result on appeal had it copied an Ohio law that the 6th Circuit already has upheld. "It instead opted to use statutory language that pushed almost every boundary that the Supreme Court has imposed for these types of laws," the judges said. Previous attempts by Michigan lawmakers to stop the procedure were struck down by federal courts in 1997 and 2001. The U.S. Supreme Court in April upheld the federal Partial-Birth Abortion Ban Act, with the majority opinion carefully distinguishing the controversial procedure from a more common abortion method used in the second trimester of pregnancy. The latter was unaffected by the ruling. The appeals panel affirmed a Detroit district judge's opinion that the 2004 Legal Birth Definition Act in Michigan places an "undue burden" on a woman's right to have an abortion. Abortion rights groups have said the law - unlike the federal ban and the law in Ohio - overreached and would have banned pre-viable abortions, including the most common method of second-trimester abortion. The appeals court agreed. "The Michigan statute contains no similar exception or clear definitions that would avoid sweeping up protected abortion procedures within its prohibition," the court wrote. The Michigan Legislature approved the abortion law in June 2004. Hundreds of thousands of voters signed petitions that allowed the bill to become law with only the approval of the House and Senate - both of which were controlled by Republicans at the time - after Democratic Gov. Jennifer Granholm vetoed it. |
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Gonzales outlines new DOJ efforts to counter crime
Legal Career News |
2007/06/02 18:39
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US Attorney General Alberto Gonzales Friday announced draft legislation to combat violent crime that would increase penalties, extend the statute of limitations for prosecution, and create separate statutory prohibitions against violent crime by illegal immigrants. The proposed Violent Crime and Anti-Terrorism Act of 2007, brought forward just days after FBI Assistant Director of Public Affairs John Miller said that a forthcoming FBI report would detail a nationwide increase in murders, robberies and other violent crimes for a second straight year, also seeks to restore the binding nature of sentencing guidelines, which the US Supreme Court found to be merely advisory in US v. Booker. The legislation would also expand federal narcotics law, sexual predator law, and anti-terrorism law. Gonzales also announced the expansion of violent crime task forces into four new cities: Mesa, AZ; Orlando, FL; San Bernardino, CA; and San Juan, Puerto Rico. In a statement made at the ATF Headquarters, Gonzales said that the four cities were chosen because they asked for help following an "unacceptable increase in homicides or other violent crimes" [statement text]. The addition of the four cities means that 29 US cities are now covered in the Violent Crime Impact Team program. Friday's proposals do not increase funding for individual communities' own law enforcement groups. |
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