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New law firm opens in Dayton
Law Firm News | 2010/08/04 09:47

A new law firm, Walters & Wasylyna, LLC, is opening in Dayton, which will focus on intellectual property cases, according to an Aug. 2 statement by the legal group.

The new firm is a joint endeavor by attorneys Lindsay M. Walters and Victor J. Wasylyna, who both earned their law degrees from Case Western Reserve University School of Law.

Walters is a litigation attorney who specializes in business and trademark disputes in both federal courts and before the United States Patent and Trademark Office.

Wasylyna, who has practiced both in the U.S. and internationally, has experience in numerous aspects of intellectual property law, including patents, trademarks, copyrights and trade secrets. Before joining forces with Walters, Wasylyna studied chemical engineering and practiced with Thompson Hine LLP.



Mich. oil pipeline shut down for work before spill
Business Law Info | 2010/08/04 09:32

Federal regulators say a company shut down a Michigan pipeline for planned maintenance hours before 911 calls about odors in the area where a massive oil spill was reported the next day.

National Transportation Safety Board officials told reporters Monday that Enbridge Inc. shut down its Calhoun County oil pipeline about 6 p.m. July 25. About three hours later, calls started coming in about gas odors in the Marshall area.

But NTSB officials say they can't link the shutdown to the pipeline rupture that dumped hundreds of thousands of gallons of oil into a Kalamazoo River tributary. It hasn't found the cause.

Federal officials say a Consumers Energy worker found oil on the ground on the morning of July 26. Enbridge says it detected the leak that day.



Calif. high court upholds affirmative action ban
Court Feed News | 2010/08/03 15:47

California's high court on Monday upheld the state's 14-year-old law barring preferential treatment of women and minorities in public school admissions, government hiring and contracting.

In a 6-1 ruling, the state Supreme Court rejected arguments from the city of San Francisco and Attorney General Jerry Brown that the law, known as Proposition 209, violates federal equality protections.

Opponents of the ban say it creates barriers for minorities and women that don't exist for other groups, such as veterans seeking preference.

The ruling written by Justice Kathryn Werdegar came in response to lawsuits filed by white contractors challenging San Francisco's affirmative action program, which was suspended in 2003.

"As the court recognized, Proposition 209 is a civil rights measure that protects everyone, regardless of background," said Sharon Browne, a lawyer for the Pacific Legal Foundation, which represented the contractors. "Under Proposition 209, no one can be victimized by unfair government policies that discriminate or grant preferences based on sex or skin color."

If San Francisco wants to resurrect the program, the Supreme Court said it must show compelling evidence the city "purposefully or intentionally discriminated against" minority and women contractors and that such a law was the only way to fix the problem.



US appeals court: Pa. prison can ban Muslim scarf
Court Feed News | 2010/08/03 10:55

Prison officials can ban employees from wearing religious headscarves out of concerns they pose a safety risk, a U.S. appeals court in Philadelphia ruled Monday in a split 2-1 decision.

Prison officials have legitimate concerns the headscarves can hide drugs or other contraband, or be used by an inmate to strangle someone, the majority said.

The ruling dismisses a lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of three Muslim women employed at the Delaware County Prison in suburban Thornton. The EEOC had said they were being forced to compromise their religious beliefs to keep their jobs.

The suit was filed against the Geo Group, a Boca Raton, Fla.-based contractor that formerly operated the facility.

After the prison implemented a ban on hats and headscarves in 2005, nurse Carmen Sharpe-Allen was fired for refusing to remove her headscarf, or khimar, at work. Intake clerk Marquita King and correctional officer Rashemma Moss, after some deliberation, agreed to remove their headscarves on the job.



Murder conviction of mom reversed in California
Lawyer Blog News | 2010/08/03 08:49

An appeals court panel has reversed the murder conviction of a mother accused of driving her teenage son and his friends to a Southern California park where a 13-year-old rival gang member was stabbed to death.

The 2nd District Court of Appeal panel ruled 2-1 on Monday that jurors in the case of 33-year-old Eva Daley were given an "impermissibly ambiguous" jury instruction during the 2008 trial.

Associate Justice Laurie D. Zelon wrote that case records don't show the jury based its verdict on a legally valid theory, so the conviction should be reversed.

Daley had been convicted of second-degree murder for the 2007 death of Jose Cano.

Prosecutors argued that Daley wanted revenge because Cano allegedly stabbed her son six months earlier.



Firms crack down on staffers' posts on social media sites
Business Law Info | 2010/08/02 16:01

Domino's still has nightmares about a prank video posted on the social networking site, YouTube, that got two employees in trouble with the law and tarnished the pizza chain's reputation.

The Ann Arbor-based company became an instant Internet sensation in April 2009 after one franchise employee filmed another sticking cheese inside his nose, sneezing on the food and implying it would be delivered to customers from the store they worked at in Conover, N.C.

Both were fired, and the store closed several months later after sales dropped 50 percent. The two former employees were charged with contaminating food distributed to the public. Michael Setzer, 32, was found guilty and sentenced to 24 months of probation in March. Kristy Hammonds, 31, who was banned last fall from college, is still awaiting trial.

The YouTube episode "certainly was a wake-up call," Domino's spokesman Chris Brandon said. "Now we monitor (social media sites) every day. Someone on my team, it's their full-time job to monitor what's being said."

The episode reflects a growing problem of workers across the country, including in Metro Detroit, who like to gossip about the workplace on social networking sites like Facebook, Twitter and YouTube. This has resulted in employers increasing sanctions against employees.

This year, 21 percent of companies with 1,000 or more workers have disciplined employees for violating social networking policies, compared with 13 percent in 2008, according to a survey by Proofpoint Inc., an e-mail security company in Sunnyvale, Calif. About 9 percent have fired an employee for these violations, more than double from 4 percent two years ago.

"For every case you see in the news, it's really just the tip of the iceberg," said Keith Crosley, director of market development for Proofpoint. "There are many more investigations and breaches that you never hear about."

In at least one case, a worker got into trouble for a photo that seemed to have nothing to do with his job.



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