Court reviews Ga. firing of transgender woman
Headline Legal News | 2011/12/01 18:06
A federal appeals court is considering whether a former Georgia state legislative aide who was fired amid her sex change was the target of sexual discrimination.

The 11th U.S. Circuit Court of Appeals on Thursday heard the case of Vandy Beth Glenn, who said in a 2008 lawsuit that legislative counsel Sewell Brumby fired her after she told him she would come to work dressed as a woman as she transitioned from man to woman.

Glenn, formerly known as Glenn Morrison, said she was told she was fired because her gender transition would be seen as "immoral" by Georgia lawmakers.

State attorneys contend they broke no law and said federal laws that guarantee the rights of some minorities don't extend to transgender employees.


Farmers Insurance Settles Class Action Lawsuit
Legal Topics | 2011/12/01 18:05
Farmers Insurance entered into a settlement of a nationwide class action lawsuit, In Re Farmers Med-Pay Litigation, pending in the District Court of Canadian County, Oklahoma. The settlement includes Farmers Insurance Company, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers Group, Inc., Illinois Farmers Insurance Company, and certain related entities. The Court entered a final order approving the settlement on November 29, 2011.

Plaintiffs alleged that Farmers failed to pay reasonable expenses for necessary medical services related to automobile accidents under Medical Payments and Personal Injury Protection ("PIP") coverage in automobile policies based on Farmers' use of certain claim adjustment systems and procedures. Farmers denies all of Plaintiffs' claims in the lawsuit. However, Farmers agreed to resolve the lawsuit to avoid the burden and expense of continued litigation.

The Settlement Class includes all persons who submitted claims for payment of medical bills related to an automobile accident under Med-pay or PIP coverage if (a) the claim was adjusted from January 1, 2001 to February 9, 2009 based upon a recommended reduction from Zurich Services Corporation ("ZSC"), (b) the claim was paid at less than the amount billed, and (c) total Med-pay or PIP payments were less than the respective limits of coverage. The Class also includes medical providers who were assigned the right to assert these claims.

Those affected by this settlement must complete and submit a valid claim form postmarked no later than December 29, 2011. Further information and claim forms can be obtained by visiting www.MedpayClaimsAdministration.com.


LA protesters defy eviction efforts, go to court
Legal Topics | 2011/11/29 17:48
Occupy Wall Street protesters who defied a deadline to remove their weeks-old encampment on the Los Angeles City Hall lawn stood their ground Tuesday as they faced uncertainty over when or if police would push them out of the park — and if an eviction could happen without the kind of violence that has engulfed the removal of protest sites in other cities.

Protesters in the nation's second largest city have turned to the federal courts to keep officers away after disobeying a city-imposed 12:01 a.m. deadline Monday to take down their camp. They argue that the City Council passed a resolution in support of the movement and that the city's mayor and police did not have the authority to evict them.

The chances that protesters will get an injunction appear slim, constitutional experts say.

Meanwhile, city officials said they will only move in on the camp when conditions are safest not just for protesters and officers but also the roughly 100 homeless people who had joined the encampment.


US court won't block its Texas redistricting map
Legal Topics | 2011/11/29 17:23
A federal court refused late Friday to block a congressional redistricting map it drew up for Texas, rejecting a request from the state's attorney general just hours after the Republican accused the court of "undermining the democratic process."

Texas Attorney General Greg Abbott had asked the San Antonio-based court to stay the implementation of its interim map, which the court drafted when minority groups challenged the original plan passed by the Republican-dominated state Legislature.

The court-drawn map would ensure minorities made up the majority in three additional Texas congressional districts. If the 2012 elections were held under the court's map, Democrats would have an advantage as they try to win back the U.S. House.

Abbott said he would appeal to the U.S. Supreme Court. The court-ordered map will remain in place until the legal fights are resolved.

The court drew the maps after minority groups filed a lawsuit, claiming a redistricting plan devised by Republican lawmakers didn't reflect growth in the state's Hispanic and black populations.


High court to review fine for mercury storage
Areas of Focus | 2011/11/28 17:23
The Supreme Court will consider throwing out an $18 million penalty against Texas-based Southern Union Co. for illegally storing mercury at a rundown building in Rhode Island.

The justices said Monday they will hear the natural gas company's appeal of the criminal penalty that was imposed by a federal judge and upheld by an appeals court.

What makes the case unusual is that the company is challenging the size of the penalty under a line of Supreme Court cases concerning prison sentences.

Southern Union had used the building in Pawtucket to store outdated mercury-sealed gas regulators that it removed from customers' homes. The mercury was initially removed and shipped to a recycling center. But when that work stopped, the regulators and loose mercury were left to accumulate inside the building.


Utah-to-Boston passenger denies child porn charge
Legal Topics | 2011/11/28 17:22
A University of Utah professor has pleaded not guilty to viewing child pornography on his laptop during a flight from Salt Lake City to Boston.

Grant Smith, of Cottonwood Heights, Utah, was ordered held on $75,000 bail Monday and told to have no unsupervised contact with children.

Massachusetts State Police say the 47-year-old Smith was sitting in first class Saturday afternoon when another passenger saw pornographic images, alerted a flight attendant and emailed a relative who contacted law enforcement.

Smith was arrested after landing on a charge of possession of child pornography. His lawyer says he has no criminal record.

Smith is a professor in the materials science and engineering department at Utah. He has been placed on administrative leave.


Court to look at overtime pay for drug sales reps
Headline Legal News | 2011/11/28 17:22
The Supreme Court has agreed to consider whether pharmaceutical sales representatives can bill their employers for overtime, a case that could affect the pay of tens of thousands of people.

The court said Monday that it will review a federal appeals court ruling that held the sales reps do not qualify for overtime under federal labor law. Other appeals courts have ruled differently and the pharmaceutical industry joined in the call for Supreme Court review.

The sales reps meet with physicians in the hope that doctors will prescribe one company's medicine over another's. Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day.


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