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High court rules against steelworkers' claim
Employment Law |
2014/01/27 22:28
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The Supreme Court says steelworkers do not have to be paid for time they spend putting on and taking off protective gear they wear on the job.
The court was unanimous Monday in ruling in favor of United States Steel Corp. over workers' claims that they should be paid under the terms of federal labor law for the time it takes them to put on flame-retardant jackets and pants, safety glasses, earplugs, hardhats and other equipment.
Justice Antonin Scalia said for the court that the labor agreement between the company and the workers' union says the employees don't get paid for time spent changing clothes. Scalia said most of the items count as clothing. He said earplugs, glasses and respirators are not clothing, but take little time to put on. |
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Supreme Court debates 'straw purchasers' gun law
Headline News |
2014/01/24 22:28
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The Supreme Court on Wednesday debated whether a Virginia man who bought a gun for a relative in Pennsylvania can be considered an illegal straw purchaser when both men were legally eligible to purchase firearms.
The justices heard an appeal from Bruce James Abramski Jr., a former police officer. Abramski bought a Glock 19 handgun in Collinsville, in Southside Virginia, in 2009 and transferred it to his uncle in Easton, Pa., who paid him $400.
Abramski was arrested after police thought he was involved in a bank robbery in Rocky Mount, Va. No charges were ever filed on the bank robbery, but officials charged him with making false statements about the purchase of the gun.
Abramski answered “yes” on a federal form asking, “Are you the actual transferee buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.”
Abramski’s lawyers told the high court that since he and his uncle were legally allowed to own guns, the law should not have applied to him.
Feds to limit use of shackles at immigration court. |
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Court: Lawyers will be disbarred over child porn
Headline News |
2014/01/24 22:27
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Lawyers convicted of child pornography charges will automatically be disbarred and prohibited from practicing law in California, the state Supreme Court ruled Thursday.
Deciding the fate of an Orange County lawyer whose license was suspended after he pleaded guilty to having child porn at his home, the court said that keeping sexual images of children constitutes an act of moral turpitude that makes an attorney unfit for the legal profession.
"The knowing possession of child pornography is a serious breach of the duties of respect and care that all adults owe to all children, and it shows such a flagrant disrespect for the law and for societal norms, that continuation of a convicted attorney's State Bar membership would be likely to undermine public confidence in and respect for the legal profession," Justice Carol Corrigan wrote in the opinion.
The unanimous ruling came in the case of Gary Douglass Grant, a former Army lawyer at the Los Alamitos Army Reserve Base in Orange County. Grant pleaded guilty to one count of knowingly possessing child pornography in 2009 after sheriff's deputies found videos and photographs of underage girls mixed in with a large adult pornography collection on his computers and data discs. |
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Court: Bloggers have First Amendment protections
Headline News |
2014/01/20 22:30
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A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.
The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.
The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.
Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.
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Court hearings for 2 arrested in student stabbing
U.S. Legal News |
2014/01/20 22:29
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A 23-year-old man and a 16-year-old boy arrested in the stabbing of a Seattle University student have been ordered held after initial court appearances.
The Seattle Times reports that bail for the man was set Thursday at $1 million while the teen was ordered held in juvenile custody. Prosecutors say they expect to file charges Friday.
A 16-year-old girl arrested in the attack early Wednesday was released pending further investigation.
The suspects were arrested for investigation of robbery and assault. Police allege they followed a 23-year-old student, pushed him to the ground and stabbed him in the chest. He called for help from an emergency kiosk on campus. The student was hospitalized in serious condition. |
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Court refuses to reopen oyster farm case
Headline News |
2014/01/16 23:13
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A federal appeals court has refused to reconsider a decision that shutters a popular Northern California oyster farm in the Point Reyes National Seashore.
The 9th U.S. Circuit Court of Appeals on Tuesday said it wouldn't appoint a special 11-judge panel to reconsider the ruling of a three-judge panel.
The three-judge panel ruled in September that the federal government had legal authority to deny Drakes Bay Oyster Co. a new lease so the waters of the Drakes Estero could be returned to wilderness.
The small oyster farm's last remaining legal option is to appeal to the U.S. Supreme Court. A lawyer for Drakes Bay didn't immediately return a phone call. |
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