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Court Won't Hear Ex-Ala. Coaches' Appeal
Court Feed News | 2008/02/19 13:07
The Supreme Court declined Tuesday to hear an appeal from two former Alabama assistant football coaches who lost their jobs following an NCAA investigation of the Crimson Tide's football program.

The justices rejected the case of Ronnie Cottrell and Ivy Williams without comment.

Cottrell and Williams sued the NCAA and recruiting analyst Tom Culpepper for defamation, claiming they were unable to find comparable employment following the NCAA's investigation of Alabama. The football program was placed on probation and received other sanctions for rules violations.

Cottrell won a $30 million judgment against Culpepper, but the trial judge threw out the verdict and ordered a new trial. The Alabama Supreme Court upheld that ruling, as well as others that eliminated Williams as a plaintiff and the NCAA as a defendant.

Cottrell still is entitled to a new trial, but could find it harder to prove his claims under the Alabama high court ruling.



Court Rejects ACLU Challenge to Wiretaps
U.S. Legal News | 2008/02/19 12:07
The Supreme Court has rejected a challenge to the Bush administration's domestic spying program.

The justices' decision Tuesday includes no comment explaining why they turned down the appeal from the American Civil Liberties Union.

The ACLU wanted the court to allow a lawsuit by the group and individuals over the warrantless wiretapping program. An appeals court dismissed the suit because the plaintiffs cannot prove their communications have been monitored.

The government has refused to turn over information about the closely guarded program that could reveal who has been under surveillance.



Firm suspends lawyer in school district scandal
Headline News | 2008/02/19 11:14

A part-time private attorney who was listed as a full-time employee by five school districts - enabling him to earn health benefits and a nearly $62,000-a-year state-funded pension, while his law firm was paid millions of dollars in fees - has been suspended by his current law firm, one of its partners said yesterday.

Steven Schlesinger, a partner in the Garden City law firm of Jaspan, Schlesinger, Hoffman, said yesterday that his firm had suspended Lawrence Reich and asked for his resignation. Reich had been serving as of counsel, or as a consultant, to the law firm since Jan. 1.

Newsday reported Friday that five school districts falsely reported to the state that Reich, 67, was a full-time employee in each district at the same time. The districts were Baldwin, Bellmore-Merrick High School, Copiague, East Meadow and Harborfields.

"Based on the publicity, it's not any good to have him at the firm," Schlesinger said. "I don't need P.R. liabilities."

He added, however, "I don't think any laws were violated."

Schlesinger said the firm has not heard from Reich since the disclosures. "We're trying to locate him."

Reich, who lives in Centerport, did not return a call for comment yesterday. In an earlier interview, he defended his arrangement with the five districts as "common practice."

At the same time that the districts claimed Reich as an employee, they paid his then-law firm, Ingerman Smith of Hauppauge, more than $2.5 million in fees, according to district records. Under Internal Revenue Service rules, a person cannot be treated as both an employee and independent contractor for the same work.

After the Newsday story appeared, agents with the Federal Bureau of Investigation served all five districts with subpoenas for financial records.

In addition, the New York State comptroller has sent letters to four of the five districts, notifying them that they would be audited. Reich left the payroll of East Meadow on Nov. 30, 2001, according to records.

Reich retired with an annual pension of $61,459 in September 2006. But he continued working for some of the districts, according to letters he sent asking them to "reconfigure" his pay as a retainer, rather than as a salary.

Last July, state auditors uncovered the problem in an audit of the Harborfields school district. Reich said he then contacted the state about his pension eligibility and was assured it was common practice.

The state took no action, and the issue was not included in the final audit of Harborfields.

Nonetheless, Reich notified the districts that he was retiring for good in October.

In December, Ingerman Smith notified the districts that Reich was leaving the firm.



Former President Bush endorses McCain
Law & Politics | 2008/02/18 18:37
Sen. John McCain, trying to solidify his support among conservatives amid resolute competition from former Arkansas Gov. Mike Huckabee, today won the endorsement of former President George Bush.

Welcoming "an old friend back to Texas," Bush called McCain -- who served as a Navy pilot during the Vietnam War and was captured and tortured by the Viet Cong -- "a remarkable patriot."

"Few men walking among us have sacrificed so much in the cause of human freedom," the former president said, adding that McCain has "the right values and experience to guide our nation forward at this historic moment."

Asked about conservative unease with McCain, the 41st president read from the diaries of former President Ronald Reagan, who was also assailed by the Right during his presidency for being "a turncoat." Bush dismissed conservative criticism of McCain as "an unfair attack," and said the Arizona senator has "a sound conservative record but not above reaching out to the other side,"

For his part, McCain, who has parted company from conservatives on immigration, taxes and campaign finance, said he welcomed the Bush endorsement and hoped it would help him rally the party behind him to begin waging a battle against Democrats.

"We as a party must unite and move forward and attract not only members of our own party but independents and so-called Reagan Democrats," McCain said, adding that Democrats had been wrong when they said the surge in Iraq would not work and should be held accountable for their position.

As McCain worked to tighten his hold on the Republican nomination, Democrats Hillary Rodham Clinton and Barack Obama were battling it out for votes ahead of Tuesday's Wisconsin and Hawaii primaries.


Employer retaliation cases reach U.S. Supreme Court
Legal Career News | 2008/02/18 13:44
Employers, managers, and supervisors wield enormous power in the workplace over the lives and wellbeing of their employees.

Congress has recognized that sometimes this power can be abused by managers who retaliate if they don't like something that employee has said or done.

This week, the US Supreme Court will hear oral arguments in two cases examining how, when – or even if – employees can fight back against such abuses of power. On Tuesday, the high court will examine whether a US postal worker can claim retaliation in a lawsuit under the Age Discrimination in Employment Act because she says her supervisor refused to let her return to her old job because he didn't like her personally. Instead, he hired a younger, less experienced worker.

On Wednesday, the justices will hear the case of a former assistant manager at a Cracker Barrel restaurant who alleges he was fired in retaliation for his repeated complaints about racial prejudice by his supervisor.

In both cases the laws cited do not explicitly authorize legal action in response to an act of retaliation. Lawyers for the employees say retaliation is a particularly virulent form of illegal discrimination and thus falls within the scope of the US's civil rights laws even when those laws don't specifically mention retaliation.

Lawyers for companies and supervisors counter that if Congress wanted to authorize lawsuits to punish acts of retaliation, it would have written it into each statute.



Germany expands probe of Liechtenstein tax evasion
Legal World News | 2008/02/18 11:50
Investigators probing alleged tax evasion by Germans stashing money abroad mounted more raids Monday in and around Munich, where several major businesses are based.

Christian Schmidt-Sommerfeld, Munich's chief prosecutor, said the raids were done in cooperation with investigators in Bochum who are looking into more claims of tax evasion, following the resignation of Klaus Zumwinkel, chief executive of Deutsche Post. Bochum prosecutors last week said Zumwinkel is suspected of evading about 1 million euros ($1.5 million) in taxes by transferring money to tax haven Liechtenstein.

German Chancellor Angela Merkel made clear Monday that she will press Liechtenstein for greater transparency, arguing that the tiny country's reputation is at stake.

So far, no other people suspected in the investigation have been named, but the government acknowledged over the weekend that its Federal Intelligence Service, or BND, had paid an informant some euro5 million ($7.3 million) for a list with the names of account holders from a Liechtenstein bank.

"The government received an unsolicited offer of information," Ulrich Wilhelm, Chancellor Angela Merkel's spokesman told reporters Monday.



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