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Justices rule against public employee who lost job
Lawyer Blog News |
2008/06/10 11:42
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Individual government workers generally cannot make a constitutional case out of their workplace discrimination claims, the Supreme Court said Monday in a ruling that leaves public employees with fewer legal options than those in the private sector. The case before the court concerned arbitrary employment decisions that do not involve race, gender or other categories that are explicitly protected by federal law. Individual public employees typically have a variety of protections from personnel actions, but invoking the equal protection clause of the Constitution is not one of them, Chief Justice John Roberts said in his majority opinion. The court's 6-3 decision in the case from Oregon was one of four opinions handed down Monday as the justices race to complete their work before their customary summer break begins in late June. Twenty-two cases remain to be decided and more opinions are expected Thursday. Major cases still undecided include the rights of detainees at Guantanamo Bay, the ban on handguns in Washington, D.C., and whether people convicted of raping children can be given the death penalty. |
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Prison overseer tells Calif. gov. he needs $7B
Criminal Law Updates |
2008/06/10 11:41
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The court-appointed receiver who oversees medical care in California's prisons asked Gov. Arnold Schwarzenegger on Monday to invoke his emergency powers to provide $7 billion to improve inmate care. Court-appointed receiver J. Clark Kelso has been given broad authority by federal courts to fix the nation's largest state prison system's medical and mental health care, treatment so poor it has been ruled unconstitutional. Kelso and the Legislature, however, have been unable to agree on where the funding to fix it should come from. The state Senate has blocked borrowing that Kelso says he needs to fix medical care for the state's more than 170,000 prisoners. If the receiver doesn't get his way, a judge could order the money taken directly from the state treasury. To avoid that, Kelso wants the governor's office to bypass the Legislature and sign a contract authorizing up to $7 billion for the medical care expansion. The money would go toward seven health care centers that would house 10,000 inmates in need of medical attention and mental health treatment. |
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New Albany law firm has San Francisco, NYC offices
Law Firm News |
2008/06/10 09:43
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Ronald D'Alessandro has started a law firm, Keohane & D'Alessandro PLLC with offices in San Francisco, New York City and Albany, N.Y. "My partner is in San Francisco," said D'Alessandro. D'Alessandro, 35, met his law partner, Stephen Keohane about seven years ago when Keohane was counsel for IBM. "He was one of my best clients," D'Alessandro said. A senior associate, Darrell Pogue, is based in New York City. D'Alessandro was one of the founders of the Albany intellectual property firm Hoffman, Warnick & D'Alessandro LLC. Michael Hoffman, Spencer Warnick and D'Alessandro started the firm about nine years ago when they met while working at another firm, Schmeiser Olsen & Watts LLP in Latham. Last week, it was announced that the firm was rebranding, calling itself Hoffman Warnick LLC. D'Alessandro said he enjoyed starting up another firm. "I didn't realize how much fun it was to be back at the grass roots," he said. "Each day can bring something different. You never know what the next day will bring. It can bring headaches but also a lot of interesting challenges." It took a week for the furniture to arrive at his new office at 1881 Western Ave. |
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Justices allow RICO lawsuit in Illinois case
Lawyer Blog News |
2008/06/09 17:04
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The Supreme Court on Monday allowed businessmen to use a powerful law enforcement tool in a lawsuit alleging fraud in tax sales in Cook County, Ill. The unanimous decision came in a case involving the federal Racketeer Influenced and Corrupt Organizations Act. The court ruled in favor of two firms alleging that manipulation by competitors had resulted in a disproportionate share of tens of thousands of tax liens going to the competitors. Tax sales in Cook County enable the collection of unpaid property taxes, giving buyers of tax liens an opportunity to take over property if the owners don't pay up. The issue for Phoenix Bond & Indemnity Co. and BCS Services Inc. was whether they could sue even though they had not relied on allegedly fraudulent statements the defendants submitted to Cook County. The statements said that each tax buyer was truly independent from other tax buyers in the competitive bidding. Writing for the court, Justice Clarence Thomas said that nothing in the RICO law required Phoenix and BCS to show that they relied on alleged misrepresentations by a defendant. Cook County requires that each buyer submit bids only in its name and not through any related entity. Phoenix and BCS alleged that a number of related entities "packed the room" in tax sales by having relatives in two families bid for the same properties. |
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Justices rule against worker who lost job
Court Feed News |
2008/06/09 17:04
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The Supreme Court says the Constitution's equal protection clause does not enable individual public employees to sue for workplace discrimination. In a 6-3 decision, the justices said that Anup Engquist must be a member of a class targeted for discrimination in order to bring a claim. The case revolves around an 8-year-old Supreme Court decision. In that case in 2000, the justices ruled that a person may assert an equal protection claim as a "class of one" rather than on the usual grounds of racial discrimination against an entire group. Writing for the majority, Chief Justice John Roberts said that the "class of one" theory does not apply in the public employment context, where the government has greater leeway in dealings with its employees. Born in India, Engquist worked at a laboratory operated by the Oregon Department of Agriculture. She says that after she complained about a colleague who allegedly harassed her, the man and a superior eliminated her position. A jury subsequently ruled in Engquist's favor. Nine federal appeals courts have ruled that public employee claims similar to Engquist's can go forward. |
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Court sets limits in government fraud suits
Legal Career News |
2008/06/09 17:03
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The Supreme Court ruled unanimously Monday that a whistleblower law intended to expose fraud can be applied to subcontractors and other indirect recipients of federal funds. The case before the court involved alleged contract fraud by a former unit of General Motors Corp. At issue was whether the False Claims Act covers any fraudulent claim paid for by government funds, or only fraudulent claims directly submitted to a government official. Justice Samuel Alito charted a middle path, saying the law can be used if fraudulent statements are ultimately intended to get the government to pay claims. The whistleblower law does not apply in situations in which a subcontractor does not intend the government to rely on a fraudulent claim as a condition of payment. A lower appeals court had ruled that the whistleblower suits could proceed, because the False Claims Act covers claims made to other parties, "so long as the claim will be paid with government funds." The court sent the case back to the 6th U.S. Circuit Court of Appeals in Cincinnati to apply the standard it laid out Monday. |
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