California court mulls whether employers must offer seating
Attorney News | 2016/04/04 17:32
California's Supreme Court is set to clarify the state's rules for determining when employers must provide workers with a place to sit.

The court's opinion, expected Monday, stems from lawsuits brought by cashiers at the CVS drugstore chain and tellers at Chase Bank who said they were wrongly not provided with seats while working. The companies face millions of dollars in potential penalties depending on the California Supreme Court's interpretation of the rules. The court's opinion would affect other similar cases in the state.

Employers in California must provide employees with "suitable seats" when the nature of the employees' work reasonably permits the use of seats.

The CVS and Chase Bank lawsuits are now before the 9th U.S. Circuit Court of Appeals. That court asked the California Supreme Court to determine whether each task employees perform must be evaluated to determine whether it qualifies for a seat. The 9th Circuit also asked whether the employer's judgment about whether the employee should stand and the physical layout of the workplace must be taken into consideration.

CVS and Chase Bank say the seat rules require a holistic approach that determines the nature of employees' work by considering the entire range of tasks they perform, according to the 9th Circuit.

In CVS' case, cashiers also stock shelves and perform other tasks that require them to stand. The companies also say the employees' job descriptions, the layout of the workplace and the business' judgment about whether employees should stand must be considered, according to the 9th Circuit.



Supreme Court will hear Samsung-Apple patent dispute
Attorney News | 2016/03/21 07:23
The Supreme Court has agreed to referee a pricy patent dispute between Samsung and Apple.
 
The justices said Monday they will review a $399 million judgment against South Korea-based Samsung for illegally copying patented aspects of the look of Apple's iPhone.
   
Apple, based in Cupertino, California, and Samsung are the top two manufacturers of increasingly ubiquitous smartphones.

The two companies have been embroiled in patent fights for years.

The justices will decide whether a court can order Samsung to pay Apple every penny it made from the phones at issue, even though the disputed features are a tiny part of the product.

The federal appeals court in Washington that hears patent cases ruled for Apple.

None of the earlier-generation Galaxy and other Samsung phones involved in the lawsuit remains on the market, Samsung said.

The case involved common smartphone features for which Apple holds patents: the flat screen, the rectangular shape with rounded corners, a rim and a screen of icons.

The case, Samsung v. Apple, 15-777, will be argued in the court's new term that begins in October.



White S.C. trooper pleads guilty in shooting of unarmed black man
Attorney News | 2016/03/17 07:24
A white South Carolina trooper pleaded guilty Monday to assault and battery of a high and aggravated nature in the 2014 shooting an unarmed black driver seconds after a traffic stop.

Trooper Sean Groubert, 32, faces up to 20 years in prison. The shooting captured on dash-cam video from the trooper's patrol car shocked the country, coming during a wave of questionable police shootings.

Levar Jones was walking into a convenience store in September 2014 when Groubert got out of his patrol car and demanded Jones' driver's license.

Jones turned back to reach into his car and Groubert fired four shots. Jones' wallet is seen flying out of his hands.

Groubert's boss, state Public Safety Director Leroy Smith, fired Groubert after seeing the video.

Jones was shot in the hip and survived. He walked into the courtroom Monday with a noticeable limp and played with a Rubik's Cube before the hearing started.

Video of the encounter was played in the courtroom and showed Groubert pulling up to Jones without his siren on, and the trooper asking Jones for his license after he also was out of his car.

As Jones turns and reaches back into his car, Groubert shouts, "Get outta the car, get outta the car." He begins firing and unloads a third shot as Jones staggers away, backing up with his hands raised, and then a fourth.

From the first shot to the fourth, the video clicks off three seconds.



Lawyer: US citizen charged in UN case to plead guilty
Attorney News | 2016/03/15 22:58
A defense lawyer says a U.S. citizen charged in the United Nations bribery case will plead guilty Wednesday to charges.

Attorney Brian Bieber said Monday that Francis Lorenzo will plead guilty to three charges. Lorenzo is a suspended ambassador from the Dominican Republic who was arrested in the fall.

The plea comes in a case that resulted in the arrest of a former president of the U.N. General Assembly and a billionaire Chinese businessman.

Bieber says Lorenzo will plead guilty to conspiracy to commit bribery, conspiracy to commit money laundering and filing a false tax return.

Bieber says his client decided to plead guilty after reviewing the government's evidence. He says it led him to "accept responsibility for his role in the criminal conspiracies committed by him and his co-defendants."



Mississippi court upholds Democratic primary ballot change
Attorney News | 2016/02/28 00:29
The Mississippi Supreme Court upheld its ruling Friday that another candidate must be added to the March 8 Democratic presidential primary ballot.

The court, in a 6-3 ruling, said Secretary of State Delbert Hosemann doesn’t have to reissue already-sent absentee ballots to include Chicago businessman Willie Wilson’s name.

The ruling rejected Hosemann’s request that the court overturn its Thursday ruling, or at least allow him to resend absentee ballots including Wilson to roughly 200 military and other voters outside the country, so they would get the same ballot as voters at the polls. Absentee voting started Jan. 23 for those voters.

Hosemann said about 7,000 absentee ballots have also been sent to people in Mississippi.

“I am diametrically opposed to having different ballots,” Hosemann said.

Most counties vote electronically, but some use paper ballots that must be reprinted, and Hosemann’s office told the court changes would cost hundreds of thousands of dollars.

More than 7,000 voting machines have already been tested with a previously set ballot that lists five candidates in the Democratic presidential primary: Hillary Clinton, Roque “Rocky” De La Fuente, Martin O’Malley and Bernie Sanders. The ballot was prepared before O’Malley dropped out.

Mississippi law says the secretary of state puts nationally recognized presidential candidates on the Democratic and Republican primary ballots. Other presidential candidates can get on the ballot by submitting a petition with at least 500 signatures.



Court rejects pay for woman sterilized at county's behest
Attorney News | 2016/02/12 17:16
North Carolina doesn't have to compensate a woman involuntarily sterilized at the behest of a county social services worker because there's no evidence that the State Eugenics board was involved, an appeals court ruled Tuesday.

The North Carolina Court of Appeals upheld a state commission's determination that the woman was ineligible for payment under a state law to compensate people involuntarily sterilized as part of a state program that ran through the 1970s.

Court documents say the woman was coerced into having an abortion and a sterilization procedure in 1974 by a worker from the Cleveland County Department of Social Services who threatened to take her two daughters.

The woman's attorney argues that the county agency was functioning as an arm of the state's social services system, and that the county worker was acting under authority of state law regarding sterilizations.

Attorney Bobby Bollinger Jr. wrote in his appeal that the worker "was an agent of the State" and that his client's claim shouldn't be denied just because there is a no documentation proving involvement of the Eugenics Board.

However, the Appeals Court ruled that the lack of documentation means the woman can't prove that she meets requirements for compensation. A 2013 state law requires claimants to show they were sterilized under state authority.


Court to weigh cocaine cases, could alter sentencing in Ohio
Attorney News | 2016/02/10 18:00
Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement.

The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.

A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.

The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only — not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.

Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.




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