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Court to look at overtime pay for drug sales reps
Lawyer Blog News |
2011/11/28 16:01
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The Supreme Court has agreed to consider whether pharmaceutical sales representatives can bill their employers for overtime, a case that could affect the pay of tens of thousands of people.
The court said Monday that it will review a federal appeals court ruling that held the sales reps do not qualify for overtime under federal labor law. Other appeals courts have ruled differently and the pharmaceutical industry joined in the call for Supreme Court review.
The sales reps meet with physicians in the hope that doctors will prescribe one company's medicine over another's. Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day. |
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Utah-to-Boston passenger denies child porn charge
Criminal Law Updates |
2011/11/28 15:02
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A University of Utah professor has pleaded not guilty to viewing child pornography on his laptop during a flight from Salt Lake City to Boston.
Grant Smith, of Cottonwood Heights, Utah, was ordered held on $75,000 bail Monday and told to have no unsupervised contact with children.
Massachusetts State Police say the 47-year-old Smith was sitting in first class Saturday afternoon when another passenger saw pornographic images, alerted a flight attendant and emailed a relative who contacted law enforcement.
Smith was arrested after landing on a charge of possession of child pornography. His lawyer says he has no criminal record.
Smith is a professor in the materials science and engineering department at Utah. He has been placed on administrative leave. |
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High court to review fine for mercury storage
Business Law Info |
2011/11/28 14:02
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The Supreme Court will consider throwing out an $18 million penalty against Texas-based Southern Union Co. for illegally storing mercury at a rundown building in Rhode Island.
The justices said Monday they will hear the natural gas company's appeal of the criminal penalty that was imposed by a federal judge and upheld by an appeals court.
What makes the case unusual is that the company is challenging the size of the penalty under a line of Supreme Court cases concerning prison sentences.
Southern Union had used the building in Pawtucket to store outdated mercury-sealed gas regulators that it removed from customers' homes. The mercury was initially removed and shipped to a recycling center. But when that work stopped, the regulators and loose mercury were left to accumulate inside the building. |
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Supreme Court won't hear skycaps' appeal on tips
Court Feed News |
2011/11/28 12:02
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The Supreme Court has left in place a ruling that denied $333,000 to airport skycaps who claimed they were cheated out of tips when American Airlines started charging curbside baggage fees.
The court on Monday rejected an appeal from nine skycaps at Logan International Airport in Boston. They wanted the court to review a federal appeals court ruling that overturned a lower court decision in their favor.
The skycaps sued under a Massachusetts law aimed at preventing employers from keeping tips intended for workers. The 1st U.S. Court of Appeals in Boston held that the law was pre-empted by federal aviation law regulating airfares. The court also said that soon after institution of the baggage fee, American Airlines clearly indicated with signs that the $2 fee was not a tip. |
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Federal Court of Canada Certifies Class Action
Class Action News |
2011/11/27 17:03
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Branch MacMaster LLP and Hordo Bennett Mounteer LLP report that the Federal Court of Canada has certified the BIM Class Action against Business in Motion International Corporation and Alan Kippax. By order dated November 10, 2011 , Mr. Justice Rennie of the Federal Court officially certified the action on behalf of the national class, as represented by the Plaintiff, Mr. Mark Cuzzetto .
The lawsuit was initiated in May, 2010 against BIM and its principal, Alan Kippax. BIM operated a plan called the "Time Leverage System", recruiting representatives to sell "Perpetual Motion Products". The lawsuit alleges that the Defendants have been engaged in the operation of an unlawful multi-level marketing scheme and/or pyramid scheme contrary to the Competition Act. The class members seek damages for the money they paid to the Defendants.
Persons who have purchased the product and who wish to participate in the action do not need to do anything at this time. Persons who do not want to participate in the action must opt out by January 18, 2012 by completing the online form on the website.
Bim CLASS ACTION
DID YOU PURCHASE A PERPETUAL MOTION PRODUCT FROM OR THROUGH BUSINESS IN MOTION INTERNATIONAL CORPORATION? IF SO, PLEASE READ THIS CAREFULLY AS IT MAY AFFECT YOUR RIGHTS.
WHAT IS THIS CASE ABOUT?
A class action lawsuit has been certified in the Federal Court of Canada claiming that Business in Motion International Corporation and Alex Kippax ("BIM") ran an illegal pyramid scheme and an illegal multi-level marketing scheme. A copy of the Statement of Claim and Order certifying the action as a class proceeding can be found at www.BIMclassaction.com.
HOW WILL THE LAWSUIT PROCEED?
A trial will be held to determine the common issues in the action. If these issues are determine in favor of the class members, there might still need to be individual hearings to determine the entitlement of each class member to a refund.
WHAT DO I HAVE TO DO TO PARTICIPATE?
There is nothing you have to do right now. Unless you opt out, you will be bound by the result of the common issues trial. However, in order to make sure you are notified of any important developments in the action, we recommend you register on our website at www.BIMclassaction.com.
WHAT IF I DO NOT WANT TO PARTICIPATE IN THIS LAWSUIT?
If you do not want to be part of the class action, you must complete the online form at www.BIMclassaction.com. If you do not have access to the internet, please contact Ulla Herlev at Branch MacMaster LLP. You must complete the online form by no later than January 18, 2012 .
DO I NEED TO PAY ANYTHING?
You will only need to pay legal fees if the action is successful in obtaining you a refund of some of the monies you paid. Those legal fees will be paid directly from the refund you receive. You will not need to pay any legal fees out of your own pocket.
Any fee paid to the lawyers must be approved by the Court as being fair and reasonable. The fee agreement entered into by the representative plaintiff provides for the lawyers to be paid up to 1/3 of any amounts recovered or any benefit obtained from the class action. If and when this occurs, the lawyers will apply to Court for approval of that percentage or some lesser amount.
If the class action is unsuccessful at the common issues trial, you will not pay any legal fees.
WHO ARE THE LAWYERS FOR THE CLASS?
The lawyers for the class are:
BRANCH MACMASTER LLP
Barristers and Solicitors
1410 - 777 Hornby Street
Vancouver , BC V6Z 1S4
HORDO BENNETT MOUNTEER LLP
Barristers and Solicitors
1400 - 128 West Pender St.
Vancouver , BC V6B 1R8
Mark Cuzzetto (the representative plaintiff) has been appointed by the Court to instruct the lawyers for the common issues stage. The lawyers must act in the interest of all class members. |
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Texas asks court to stop redistricting plan
Court Feed News |
2011/11/25 17:06
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The Supreme Court has been asked to stop a federal court from implementing a state redistricting map in Texas that could increase minority representation in the state Legislature.
The state's attorney general, Greg Abbott, filed the request with the high court on Monday. The court-drawn map was drafted after minority groups challenged the original plan passed by the Republican-dominated state Legislature.
The map drawn by the San Antonio-based federal court could lead to greater minority representation and give Democrats a chance to add as many as a dozen seats in the Legislature. Abbott and other Republican leaders have denied that any of the legislature's redistricting maps would diminish minority voting power.
The court-ordered map will remain in place until the legal fights are resolved. |
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