Survey: Workplace Sexual Harassment Complaints Rise
Legal Topics | 2009/08/02 20:10
According to The Jerusalem Post, Israeli help centers are receiving more calls regarding sexual harassment in the workplace, according to a recent survey.

The survey, which was conducted by Millward Brown, examined the level of exposure and awareness of harassment incidents in the workplace.

Awareness of everything connected to the subject of sexual harassment in the workplace was low, the survey revealed. More than half of those surveyed were unaware that sexual relations between workers and their bosses are forbidden, and 28 percent of those surveyed said they had experienced some sort of sexual harassment in the workplace within the past three years.

If you're in the Dallas area and you are having problems with sexual harassment in the workplace, contact the Texas labor and employment lawyers at Weinberg Law Firm. The have all of your labor attorney needs under one roof.


When Jaundice Leads To Brain Injury
Legal Topics | 2009/08/02 18:27
According to ABC News, Susan Haas says that when her daughter, Lexi, was born she was a normal, healthy baby girl. So when Lexi, at 3 days old, developed jaundice -- a common liver condition that is estimated to affect six out of every 10 babies -- the doctor was not concerned, Haas said.

That was seven years ago. Today at 6:30 a.m., Lexi, 7, headed into an operating room for brain surgery. It is an extreme measure for a brain injury that Haas said could have been caught early and treated inexpensively.

"She would not be having any problems if she'd had a $1 bilirubin test," she said. Instead, Haas estimated that medical expenses and other services would cost $25 million over Lexi's life.

If your child has had the same experience, you may want to consider finding a brain injury lawyer to help you file a case. For those in the New York area, John Q. Kelly and his law firm can be of assistance. They've had many high profile cases, including O.J. Simpson and the estate of Natalee Holloway. They also specialize in medical malpractice and wrongful death cases.


California Court Closures Set, Despite Grumbling
Legal Topics | 2009/07/31 16:09
According to The Recorder, the Judicial Council on Wednesday ordered all California courthouses closed once a month starting Sept. 16, despite ongoing complaints from labor groups, sheriffs and some judges that the closures are unnecessary and potentially dangerous.

"I hate it," said council member Richard Huffman, a justice on the 4th District Court of Appeal. But, he added, "We believe it is the only rational mechanism available to us to minimize the impact to the public."

The third-Wednesday-each-month closures will save an estimated $85.3 million and are a key part of the judicial branch's overall plan to cut spending, raise fees and siphon savings to close a $393 million deficit. The Legislature authorized the closures as part of the $26 billion budget revision signed by Gov. Arnold Schwarzenegger on Tuesday.


11-Word Press Snippets Might Violate Copyright
Headline Legal News | 2009/07/30 16:17
According to Courthouse News, a Danish press-clipping company could be violating copyright by printing out 11-word snippets of news articles, the European Court of Justice ruled.

The Luxembourg-based court remanded the issue to Denmark for a determination on whether the snippets comprise intellectual property.

Media monitoring services company Infopaq International challenged the Danske Dagblades Forening, an association of Danish daily newspapers, over a requirement for permission to distribute 11-word extracts of news stories.

Legal framework for the permission requirement includes the 1979 Berne Convention, the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights as administered by the World Trade Organization, and European directives from 1996 and 2001 meant to govern electronic information and protect "European cultural creativity."

Infopaq argued that its process of scanning news articles, converting the data to text and emailing its customers summaries containing the five words before and after a keyword comprise fleeting use that's exempt from the permission requirements. Infopaq also prints out cover sheets with the text snippets.

The Court of Justice said it is up to the national court to determine whether the snippets comprise intellectual property.


Judicial Appointment Challenge In TN Fails
Legal Topics | 2009/07/29 18:10
According to Courthouse News, the 6th Circuit dismissed an appeal challenging the constitutionality of the way Tennessee appoints its Supreme Court justices.

The method drew criticism from Drew Johnson, president of the conservative Tennessee Center for Policy Research, and former Democratic gubernatorial nominee John Jay Hooker.

Johnson and Hooker claimed the appointment process deprived them of their right to vote on the Supreme Court candidates in a popular election.

Under the state's plan, the governor selects a justice from a panel of three candidates presented by a judicial selection committee. The governor's pick is then put before voters in the next election. Every eight years, voters decide whether to keep sitting justices for another term.

The magistrate judge dismissed the challenge for lack of jurisdiction, and the Cincinnati-based federal appeals court affirmed.


Sotomayor Running Out Of Potential GOP Support
Headline Legal News | 2009/07/28 16:52
According to The National Law Journal, the chances are dwindling that a substantial number of Republicans will vote to confirm Supreme Court nominee Sonia Sotomayor, after a key GOP senator announced his opposition Monday morning.

Sen. Jeff Sessions, R-Ala., ended months of public indecision when he announced he would vote against confirmation, eliminating one of the last, best chances Sotomayor had of winning over prominent conservatives. Sessions, the top Republican on the Senate Judiciary Committee, had previously said he had concerns about her nomination but had stopped short of saying he would oppose her.

The announcement means the vote on whether to confirm Sotomayor will likely stick close to the partisan divide, continuing the trend of polarization on judicial nominations.

The Judiciary Committee is scheduled to consider Sotomayor's nomination today, and only one Republican member -- Sen. Lindsey Graham, S.C. -- out of the seven on the committee has said he plans to support her. The full Senate is expected to vote on the nomination next week after as many as four days of debate, and five Republicans have pledged their support.


Tasered Woman Wins Trial In Suit Against Cops
Legal Topics | 2009/07/27 16:12
According to Courthouse News, Minnesota police illegally Tasered a woman for refusing to hang up her 911 call after officers handcuffed her husband during a traffic stop, the 8th Circuit ruled.

Sandra Brown and her husband, Richard, were driving home from dinner in downtown Minneapolis when they were pulled over by a Golden Valley squad car. One of the officers asked Richard if he knew why he'd been stopped, and Richard replied that he did not.

What happened after involved what Sandra, the passenger, thought to be excessive aggression, so she called 911.

Backup officer Rob Zarrett ordered Sandra to "Get off the phone." When she refused, he Tasered her. He claimed the action was necessary, because Sandra had disobeyed his orders to unfasten her seatbelt. He also spotted two empty cocktail glasses on the floors, in violation of the state's open-container law.

Sandra sued Zarrett and the city of Golden Valley for use of excessive force, claiming she was physically and psychologically injured by the Tasering.

"Given the circumstances surrounding the Tasering and arrest, we are not convinced that Zarrett's use of force was objectively reasonable as a matter of law," the St. Louis-based appeals court ruled.

Judge Wollman pointed out that Sandra had not been trying to flee or resist arrest when she was Tasered.


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