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LA judge rules fraud in suits against Dole
Court Feed News | 2009/04/24 16:44
A California judge on Thursday dismissed two lawsuits by purported Nicaraguan banana plantation workers against U.S. food giant Dole and other companies on grounds of fraud and attempted extortion.


Los Angeles County Superior Court Judge Victoria Chaney ruled after hearing three days of testimony that detailed a scheme to recruit men who would claim they were rendered sterile by exposure to a pesticide in the 1970s.

Witnesses and investigators told of being in fear for their lives for exposing the fraud.

The judge denounced the lawyers who hatched the scheme and said there was a group of corrupt Nicaraguan judges "devouring bribes" to make judgments and aid the scheme.

The lawsuits ended up in the California court seeking enforcement of extravagant damages determined by Nicaraguan judges.



Justice Thomas recounts a bad fall
Headline News | 2009/04/24 16:40
Justice Clarence Thomas' vote was not seriously in doubt when the Supreme Court took up the constitutionality of a ban on an abortion procedure in 2006. But Thomas did not attend the arguments on the issue and, other than a brief announcement that he was sick, his absence has not been explained until now.


Thomas said Thursday that his chair was empty that day in November 2006 because he took a spill the night before.

"I had the wonderful opportunity to fall on my face one night and was not able to make oral argument the following day as a result of it," he said at a hearing of a House appropriations subcommittee on the court's budget for the next year.

Thomas didn't identify the arguments he missed, but court officials said later he was referring to the abortion case. Thomas voted to uphold the federal ban.

The accident came up Thursday as part of an account about how well the court's Web site works and a plea for an extra $800,000 for the site.

Since October 2006, the court has been making argument transcripts available the same day a case is argued.

"In order to stay up to speed on the case and what occurred at oral argument, I simply went to our Web site later that day and it was there," Thomas said.



Discrimination claim appears to divide high court
Lawyer Blog News | 2009/04/24 16:40
A divided Supreme Court took up its first examination of race in the Obama era Wednesday, wrestling with claims of job discrimination by white firefighters in a case that could force changes in employment practices nationwide.


The case from New Haven, Conn., pits white firefighters, who showed up at the court Wednesday in their dress uniforms, against the city over its decision to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results.

As is often the case with closely fought social issues at the court, Justice Anthony Kennedy appeared to hold the key to the outcome. He seemed concerned that New Haven scuttled the test without determining that there were flaws that might have led to the racially disproportionate results.

"So shouldn't there be some standard that there has to be a significant, a strong showing after the test has been taken that it's deficient? Before it can be set aside?" he said.

Kennedy often frowns on racial classifications, yet he is not as opposed to drawing distinctions on the basis of race as his more conservative colleagues.

But where Kennedy saw shades of gray, the rest of the court seemed to view the case clearly in terms of black and white.



Discrimination claim appears to divide high court
Lawyer Blog News | 2009/04/23 15:25
A divided Supreme Court took up its first examination of race in the Obama era Wednesday, wrestling with claims of job discrimination by white firefighters in a case that could force changes in employment practices nationwide.


The case from New Haven, Conn., pits white firefighters, who showed up at the court Wednesday in their dress uniforms, against the city over its decision to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results.

As is often the case with closely fought social issues at the court, Justice Anthony Kennedy appeared to hold the key to the outcome. He seemed concerned that New Haven scuttled the test without determining that there were flaws that might have led to the racially disproportionate results.

"So shouldn't there be some standard that there has to be a significant, a strong showing after the test has been taken that it's deficient? Before it can be set aside?" he said.

Kennedy often frowns on racial classifications, yet he is not as opposed to drawing distinctions on the basis of race as his more conservative colleagues.

But where Kennedy saw shades of gray, the rest of the court seemed to view the case clearly in terms of black and white.



NSB hires law firm to review Angler's lease
Law Firm News | 2009/04/23 10:26
City commissioners decided Wednesday night they wanted someone else to answer two questions that have plagued the city for months -- whether the Angler's Club lease is valid and is the community getting its money's worth from the agreement.


For that purpose, a 3-2 majority -- Vice Mayor Jack Grasty and Commissioner Jim Hathaway voted no -- agreed to hire the Orlando law firm of Shutts and Bowen for a fee of $7,500.

The firm will conduct an independent review of the club's 99-year, $25 per annum, lease of city-owned waterfront property to see whether there are any red flags such as discrimination in membership practices or if it fulfills the original intent of the agreement. That was to promote tourism and business development, according to Mayor Sally Mackay, who led the majority.

Mackay went so far as to challenge the club's 90 members to "step into 2009" and decide how they could contribute to New Smyrna Beach in a significant way.



Ex-manager at NJ company sentenced to nearly 6 yrs
Lawyer Blog News | 2009/04/22 15:38
A former plant manager at a New Jersey pipe plant was sentenced Monday to nearly six years in prison in a federal investigation into worker safety violations and pollution of the Delaware River.


John Prisque of Bethlehem, Pa., was sentenced to a 70-month term for convictions of obstructing the investigation into Atlantic States Cast Iron Pipe Co. in Phillipsburg and violating clean water and air regulations. Four others also face sentencing.

In one of the most serious instances, an employee was killed after being crushed by a forklift that prosecutors say had faulty brakes.

Atlantic States is a division of McWane Inc., based in Birmingham, Ala.



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