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House reverses high court ruling on workers' lawsuits
Lawyer Blog News |
2007/08/01 15:17
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The House voted Tuesday to reverse the Supreme Court's decision limiting the time that workers have to sue their employers for pay discrimination. The Bush administration has threatened to veto the legislation, pushed almost entirely by Democrats. The House voted 225-199 to restart the statute of limitations for pay discrimination lawsuits each time an employee gets a paycheck affected by sexism or racism, repudiating a decision by the high court's five most conservative justices. "Discrimination has no place in our law, no place in our hearts and no place because of technicalities," said Rep. Robert Andrews, D-N.J. The Supreme Court voted 5-4 on May 29 to throw out a Goodyear employee's complaint that she earned thousands of dollars less than her male counterparts because of discrimination. Lilly 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 claimed earlier decisions by her supervisors kept her from making more. The court said she had waited too long to sue. Under the justices' decision, which they said was based on congressional legislation, an employee must sue within a 180-day deadline of a decision involving pay if the employee thinks it involved race, sex, religion or national origin. That opens the door for corporations to discriminate, Democrats said. "If you can get away with it for 180 days, you're home free," said Rep. George Miller, D-Calif., chair of the House Education and Labor Committee. The Democrats' legislation would allow employees to sue within 180 days of their last affected paychecks. Senate Democrats are working on a similar bill. Ledbetter, who will not be helped by the legislation, said she hopes it helps other people. "I just want to open the doors for women in the future so they can be treated fairly," she said in an interview. The White House has threatened to veto the bill, and has enough votes in the House to make it stick. The legislation "would allow employees to bring a claim of pay or other employment-related discrimination years or even decades after the alleged discrimination occurred," the White House said. "Employers would be forced to defend against an avalanche of decades-old, frivolous claims. The anticipated increase in legal and record- keeping costs could be staggering," said Jay Timmons, the National Association of Manufacturers' senior vice president for policy and government relations. House Republicans also said the measure was designed to benefit trial lawyers _ a Democratic constituency _ by giving them a new forum for thousands of lawsuits. "Trial lawyers, you can be sure, are salivating at this prospect," said Rep. Howard P. "Buck" McKeon of California, the ranking Republican on the Education and Labor Committee. "The majority on the Supreme Court bent over backwards, ignoring both precedent and simple common sense, to rob (Ledbetter) of her right to equal treatment in the workplace," AFL-CIO President John Sweeney said. "The legislation passed today remedies that inequity and once again makes it possible for victims of discrimination to take their cases to court and receive fair hearings and just compensation."
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Suspect Pleads Guilty in Ohio Mall Plot
Criminal Law Updates |
2007/08/01 14:18
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A Somali immigrant the government says plotted to blow up an Ohio shopping mall pleaded guilty Tuesday to conspiring to provide material support to terrorists. Nuradin Abdi, 35, entered his plea before U.S. District Judge Algenon Marbley a week before his trial had been expected to start Aug. 6. The Justice Department accused Abdi of suggesting the plan to attack a Columbus shopping mall during an August 2002 meeting at a coffee shop with now-convicted terrorist Iyman Faris and a third suspect, Christopher Paul. Faris is serving 20 years in a maximum-security federal prison in Florence, Colo., for his role in an al-Qaida plot to destroy the Brooklyn Bridge. Faris scouted the bridge and told al-Qaida its plans wouldn't work, court papers have said. Federal agents arrested Abdi the morning of Nov. 28, 2003, the day after Thanksgiving, out of fear the attack would be carried out on the heavy shopping day. He was arrested at 6 a.m. while leaving his Columbus home for morning prayers. Prosecutors say Abdi gave stolen credit card numbers to a man accused of buying gear for al-Qaida, and lied on immigration documents to visit a jihadist training camp. Abdi's attorneys said he was merely upset at the war in Afghanistan and reports of civilians killed in bombings by the U.S.-led invasion. They have said that the stolen numbers were never used and that the Justice Department never alleged what organization they believed was running the camp, what Abdi intended to do with the training, or whether he ever actually went. Prosecutors accused Paul, who was arrested in April, of joining al-Qaida and plotting to bomb European tourist resorts and U.S. government facilities and military bases overseas. Under a plea deal, Abdi is expected to receive a 10-year sentence on the one conspiracy count, which carries a maximum penalty of 15 years. Three additional charges were dropped in exchange for the plea. He was to remain at the Franklin County jail until his sentencing date, which was not set. |
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Gore's Son Pleads Guilty in Drug Case
Court Feed News |
2007/08/01 13:20
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Al Gore's son pleaded guilty Monday to possessing marijuana and other drugs, but a judge said the plea could be withdrawn and the charges dropped if he successfully completes a drug diversion program. Authorities have said they found drugs in Al Gore III's car after the 24-year-old was pulled over July 4 for going 100 mph in his Toyota Prius.
He pleaded guilty to two felony counts of drug possession, two misdemeanor counts of drug possession without a prescription, and one misdemeanor count of marijuana possession, the district attorney's office said.Jaime Coulter, senior deputy district attorney, said Gore's sentencing will be continued until Feb. 7. If he has complied with all the conditions of the diversion program, the sentencing will be continued again for another year, with charges possibly being dropped in 2009. "At that point, he will be able to withdraw his guilty plea as if he never entered it," Coulter said. Gore has been at a live-in treatment center since his arrest, said Allan Stokke, his attorney. "He's actually doing more than what other people do as far as treatment goes," Stokke said. "He's got great family support." Gore's parents did not attend the hearing at the request of their son, but they were in California to support him, Stokke said. The family had no comment, said Kalee Kreider, a spokeswoman. Deputies who pulled over Gore said they discovered less than an ounce of marijuana and a variety of medications, including Xanax, Valium, Vicodin and Adderall. Authorities said he did not have a prescription for any of those medications. Gore also was charged with a traffic infraction for speeding. The son of the former vice president and Democratic presidential nominee was previously arrested for marijuana possession in Maryland in 2003, when he was a student at Harvard University. Gore completed substance abuse counseling to settle those charges. He now lives in Los Angeles and is an associate publisher of GOOD, a magazine aimed at young people that is about philanthropy. |
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Sun-Times Media Group Settling Class Action Suits
Class Action News |
2007/08/01 13:17
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Sun-Times Media Group Inc. (STMG) said late Tuesday that it had entered into an agreement to settle the securities class-action lawsuits in the U.S. and Canada that accused the publishing company formerly known as Hollinger International of making misleading disclosures and omissions about "non-competition" payments, and paying excessive management fees. The settlement will be funded entirely by $30 million in proceeds from STMG's insurance policies, the company said.
The lawsuits, which were consolidated in U.S. District Court in Chicago, were filed against the company, several former directors and officers, some affiliated companies, and STMG's auditor KPMG LLP.
The lawsuits accused the defendants of violating securities laws in the U.S. and Canada. Former Hollinger International Chairman Conrad Black was convicted last month on U.S. federal fraud charges he improperly pocketed phony non-compete fees in the sale of three groups of community newspapers. A jury found him not guilty of fraudulently taking non-compete fees in several other sales. Black faces sentencing in November.
"The settlement includes no admission of liability by the company or any of the settling defendants and the company continues to deny any such liability or damages," STMG said in a statement.
Under terms of the proposed agreement, which needs the approval of courts in the U.S. and Canada, STMG insurers will deposit $24.5 million in insurance proceeds into an escrow account to fund defense costs the company incurred in the securities class action, and other litigation.
The carriers will then be released from any other claims for the July 1, 2002 to July 1, 2003 policy period.
STMG and the other parties "will then seek a judicial determination" on how to allocate the $24.5 million among insured parties, it said.
STMG said it has been in negotiations with Toronto-based Hollinger Inc. -- the holding company convicted former newspaper baron Conrad Black used to control his once-worldwide collection of newspaper -- to determine how the proceeds should be allocated among themselves.
If negotiations fail, they have agreed to go to binding arbitration, STMG said.
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R.I. judge seeks teen drinking, drug cases
Lawyer Blog News |
2007/08/01 11:29
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The state's chief Family Court judge is urging police chiefs to refer teenage drinking and drug cases to his court instead of to local juvenile hearing boards. Judge Jeremiah S. Jeremiah Jr. said Family Court provided better services to deal with substance abuse cases. He said moving teenagers out of the hearing boards and into the Family Court system would recognize drug and alcohol use as a "serious and dangerous offense." "The Family Court has both staff and specialized programs in place to effectively and efficiently handle this serious problem facing our youth throughout the state," Jeremiah wrote in a letter to police chiefs. The letter follows the death two weeks ago of a 17-year-old Barrington teenager who disappeared in a river while riding a kneeboard pulled by a motorboat. The boat operator, a classmate, faces charges including underage possession of alcohol and refusing to take a breath test. The hearing boards handle juvenile cases in all but six of Rhode Island's 39 cities and towns, and police departments can decide whether to refer a teenager there or to Family Court. Typically, Family Court handles more serious charges, and teenagers facing a second offense are also more likely to be sent there. But Jeremiah is seeking to expand the reach of Family Court by asking police chiefs to refer all cases to Family Court that involve the juvenile equivalent of an adult misdemeanor offense, such as using fake identification to buy alcohol or underage possession of alcohol. Among the Family Court services Jeremiah cited are organized trips to an emergency room to see the consequences of drunken driving and alcohol-related incidents. |
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Ciprianis Plead Guilty in $10 Million N.Y. Tax Case
Legal Career News |
2007/08/01 11:24
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The father and son operators of the Cipriani restaurants, which include the Rainbow Room in New York and Harry's Bar in Venice, Italy, pleaded guilty to evading $10 million in state and city business taxes. Arrigo Cipriani, 75, owner of Cipriani SA, pleaded guilty today in New York state court to filing false state corporate tax returns, a felony. Giuseppe Cipriani, 42, chief executive officer of Cipriani USA, the U.S. unit, admitted a misdemeanor false- return charge. They claimed deductions for fake royalty payments, prosecutors said. "These deductions were a sham,'' Manhattan District Attorney Robert Morgenthau said at a press conference. "Although the books and records of Cipriani USA reflected that the payments had been made, in fact no money was ever transferred or otherwise paid to Cipriani SA.'' The men will be placed on probation at their sentencing Oct. 10, said their lawyer, Stanley S. Arkin. They and their companies must pay $10 million in back taxes in the next 3 1/2 years, and a monitor will ensure the businesses pay the taxes they owe until 2011, prosecutors said. "We're happy to have resolved our disputes with the state and the city and the district attorney,'' Arkin said in an interview. "It's time for this very unique and extraordinary brand to get back to doing what we're doing.'' At least one Cipriani business is being audited by federal tax-collectors, Arkin said. Cipriani Restaurants The Luxembourg-based restaurant empire owned by Arrigo Cipriani, whose age was reported as 73 by his lawyer and 75 by the government, traces its origins to 1931 when Giuseppe Cipriani Sr., Arrigo's father, opened Harry's Bar. Beef Carpaccio and the Bellini, a drink made of peach puree and sparkling wine, are among "notable influences of Harry's Bar on the art of gastronomy,'' the company Web site says. Cipriani New York restaurants and banquet spaces include Harry Cipriani in the Sherry-Netherland hotel, where a Bellini is $19.95; Cipriani Dolci in Grand Central Terminal, where it's $12.95; Cipriani 42nd Street; Downtown Cipriani; and Cipriani Wall Street, in a building at 55 Wall Street that once housed the Merchants' Exchange and the New York Stock Exchange. Three Cipriani corporations pleaded guilty today through Arkin: Cipriani Fifth Avenue, doing business as the Rainbow Room; Downtown Cipriani New York; and GC Alpha LLC, doing business as Cipriani Dolci. Tax Deductions The tax deductions were for royalty payments supposedly made by the U.S. unit to the parent company, Morgenthau said. Cipriani USA claimed to have paid $30.7 million from 1998 to 2004, 11.5 percent of sales, to the parent company in exchange for the right to use the family name and other trademarks, Morgenthau said. "For tax years 2003 and 2004, New York State and New York City taxes were evaded in the amount of approximately $10,000,000,'' the elder Cipriani said in a statement read to the court. No royalties were actually paid for those years, he said. In a press release, the Ciprianis said the case resulted from their failure to abide by a 2003 change in New York tax law that required a company paying royalty to a foreign entity to account for the difference in taxes between the two jurisdictions. Arrigo Cipriani could have faced as much as four years in prison for the crime he admitted. Giuseppe Cipriani's offense has a maximum punishment of a year in jail. Plea Bargain Morgenthau said his office will recommend probation for both men. The plea bargain was struck because investigations involving other countries are difficult and time-consuming, the district attorney said. The restaurant chain has been the subject of an investigation by the district attorney's office since November 2005. On July 2, Dennis Pappas, a former vice president of Cipriani USA, was sentenced to 1 1/2 to 4 1/2 years in prison for defrauding insurers of more than $1 million in disability payments. William J. Comisky, deputy commissioner of enforcement for the New York Department of Taxation and Finance, said the state is increasing its efforts against tax cheats, quadrupling the number of investigators. Morgenthau said the case should send a message to other companies. "You're not going to get away without paying taxes by hiding behind offshore jurisdictions,'' he said. |
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