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Md. man's leave lawsuit lands in Supreme Court
Court Feed News |
2012/01/12 17:16
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A man who sued the state of Maryland after allegedly being fired for trying to take a 10-day medical leave from his state job will have his case heard Wednesday by the U.S. Supreme Court, and the outcome could affect whether state workers nationwide can sue in similar situations.
Daniel Coleman was fired from his job overseeing contracts for the Maryland court system in 2007. He says he was fired after asking for time off for doctor-ordered bed rest to deal with hypertension and diabetes. Under a law passed by Congress and enacted in 1993, the Family and Medical Leave Act, employees can take up to three months of unpaid leave for certain reasons, including a serious health issue. After being fired, Coleman sued, claiming a violation of the leave law and discrimination, a claim that was later thrown out by a lower court. He asked Maryland to pay him a reported $1.1 million in compensatory and punitive damages.
But lawyers for Maryland argue Congress was wrong to give employees like Coleman the ability to sue state employers for money damages. Unlike private employers, states are generally exempt from such lawsuits. Two lower courts have agreed with Maryland that Congress overstepped its authority, and 26 other states are also supporting the state's arguments. |
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Ex-DC councilmember pleads guilty to theft
Court Feed News |
2012/01/06 19:05
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A former D.C. councilmember pleaded guilty Friday to embezzling more than $350,000 in government funds earmarked for youth sports and arts programs and admitted that he spent the money on a luxury SUV, travel to exclusive golf courses and clothing.
Harry Thomas Jr., resigned his council seat Thursday night — a condition of his plea agreement — just hours after being charged with theft from programs receiving federal funds and filing a false tax return.
The plea resolves one of several pending investigations into D.C. government, including a federal probe of the campaign of first-term Mayor Vincent Gray.
Thomas, who for months had maintained his innocence, did not directly address the accusations in federal court but replied, "Guilty as charged, your honor" when asked how he wished to plead. He later read a statement outside the courthouse apologizing to his family and his constituents.
The tax return charge accuses Thomas of failing to report about $350,000 in income between 2007 and 2009. He was also ordered to forfeit an SUV and a motorcycle that were seized last month by federal agents who raided his northeast Washington home. |
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DA asks Wis. Supreme Court to reopen union lawsuit
Court Feed News |
2012/01/02 13:48
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A prosecutor asked the Wisconsin Supreme Court on Friday to reopen his lawsuit challenging Gov. Scott Walker's contentious collective bargaining law, contending a justice who voted to dismiss the suit earlier this year got free legal help from the firm defending the law.
Dane County District Attorney Ismael Ozanne argued in filings with the court that it should vacate its decision because Justice Michael Gableman never disclosed his arrangement with the Michael Best and Friedrich law firm. Wisconsin's ethics code prohibits state officials from accepting free gifts, and the judicial ethics code bars judges from accepting gifts from anyone likely to appear before them.
Ozanne asked the court to reinstate a circuit judge's earlier ruling declaring the law void and disqualify Gableman from participating in further proceedings if he won't recuse himself.
Gableman's attorney, Viet Dinh, didn't immediately return a message late Friday afternoon. He told the Milwaukee Journal Sentinel this week that he doesn't believe the free legal services amounted to a gift. A message left at Michael Best and Friedrich's Madison office wasn't immediately returned. |
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Appeals court upholds sentence of former deputy
Court Feed News |
2011/12/30 18:07
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An appellate court has upheld a four-month prison sentence of a former Shelby County Sheriff's deputy involved in a fatal crash.
The Tennessee Court of Criminal Appeals this week rejected the petition of Alvin Dortch, who was convicted last year of filing a false report, according to The Commercial Appeal. Dortch was acquitted by the trial court of a reckless homicide charge.
In 2008, Dortch shot out the tire of a fleeing DUI suspect whose car crashed moments later, killing him. Investigators didn't discover that Dortch had fired at the vehicle until they reviewed dashboard video more than 12 hours after the incident. |
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Lawyer: Moms stole from Hawaii toy store for kids
Court Feed News |
2011/12/29 12:45
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Single mothers filled with regret were making arrangements to turn themselves after they were seen on surveillance footage taking toys from a Hawaii store before Christmas, according to a lawyer who referred to the theft as a "desperate" act.
Surveillance video from Dec. 1 and released by police last week showed five women and a man helping themselves to items in a Toys R Us display at Windward Mall in Kaneohe. Police said the group had hauled away about $1,000 worth of merchandise.
Attorney Myles Breiner said some of the women contacted him Friday, and he said the women knew what they did was wrong. He said he contacted police over the weekend and stored the items in his office.
Police on Tuesday took the items, which were brought gift-wrapped to Breiner's office, and returned them to the store manager, the lawyer said. Meanwhile, at least three women made arrangements to surrender to police Tuesday, and the others, including the man who has since contacted Breiner, were expected to surrender by the end of the week. |
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Court: Ark. can't stop desegregation funds
Court Feed News |
2011/12/28 18:26
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A federal appeals court ruled Wednesday that Arkansas can't cut off funding for desegregation programs in Little Rock-area school districts without a separate hearing and judge's order.
The ruling from the 8th U.S. Circuit Court of Appeals comes months after U.S. District Judge Brian Miller ordered an end to most of the payments, calling them counterproductive. The appeals court heard the case in September.
The state has been spending about $38 million per year to help finance magnet schools that help keep a racial balance in the Little Rock, North Little Rock and Pulaski County school districts, according to Wednesday's ruling, which keeps the money flowing until the matter is resolved in a separate court proceeding.
The state is required by a 1989 settlement to fund magnet schools, transfers between districts and other programs to support desegregation. Lawmakers have long wanted to end the payments, but the districts say they're still necessary.
Battles over school desegregation in Little Rock date back to 1957, when nine black children needed the protection of federal troops to integrate Central High School. Little Rock sued the state and its two neighboring districts in 1982. Two years later, a judge agreed that the districts hadn't done enough to help the city schools desegregate. |
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