The U.S. to Allow Venezuelans in the Country to Work Legally
Legal Topics | 2023/09/21 16:07
The Biden administration says it’s granting temporary legal status to hundreds of thousands of Venezuelans who are already in the country — quickly making them eligible to work — as it grapples with growing numbers of people fleeing the South American country and elsewhere to arrive at the U.S.-Mexico border.

The move — along with promises to accelerate work permits for many migrants — may appease Democratic leaders who have pressured the White House to do more to aid asylum seekers, while also providing grist for Republicans who say the President Joe Biden has been too lax on immigration.

The Homeland Security Department plans to grant Temporary Protected Status to an estimated 472,000 Venezuelans who arrived in the country as of July 31, making it easier for them to get authorization to work in the U.S. That’s been a key demand of Democratic mayors and governors who are struggling to care for an increased number of migrants in their care. That’s in addition to about 242,700 Venezuelans who already qualified for temporary status before Wednesday’s announcement.

The protections for Venezuelans are significant because they account for such a large number of the migrants who have been arriving in the country in recent years.

Venezuela plunged into a political, economic and humanitarian crisis over the last decade, pushing at least 7.3 million people to migrate and making food and other necessities unaffordable for those who remain. The vast majority who fled settled in neighboring countries in Latin America, but many began coming to the United States in the last three years through the notoriously dangerous Darien Gap, a stretch of jungle in Panama.

Venezuelans who arrive in the U.S. after July 31 of this year will not be eligible for the protection. Those who are now eligible have to apply to get it. Homeland Security Secretary Alejandro Mayorkas granted the expansion and an 18-month extension for those who already have temporary status due to “Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions,” the department said in a statement.

The administration said it would accelerate work authorizations for people who have arrived in the country since January through a mobile app for appointments at land crossings with Mexico, called CBP One, or through parole granted to Cubans, Haitians, Nicaraguans and Venezuelans who have financial sponsors and arrive at an airport. It will aim to give them work permits within 30 days, compared with about 90 days currently.

The promise of accelerated work permits does not apply to people who cross the border illegally and seek asylum, who, by law, must wait for six months to receive work permits.


McCarthy juggles a government shutdown and a Biden impeachment inquiry
Legal Topics | 2023/09/11 18:19
House Speaker Kevin McCarthy is a man who stays in motion — enthusiastically greeting tourists at the Capitol, dashing overseas last week to the G7 summit of industrial world leaders, and raising funds back home to elect fellow Republicans to the House majority.

But beneath the whirlwind of activity is a stubborn standstill, an imbalance of power between the far-right Republicans who hoisted McCarthy to the speaker’s role yet threaten his own ability to lead the House.

It’s a political standoff that will be tested anew as the House returns this week from a long summer recess and McCarthy faces a collision course of difficult challenges — seeking to avoid a government shutdown, support Ukraine in the war and launch an impeachment inquiry into President Joe Biden.

“They’ve got some really heavy lifting ahead,” said the No. 2 Republican in the Senate, John Thune, of South Dakota.

McCarthy, of California, is going to “have his hands full trying to figure out how to navigate and execute,” he said.

Congress has been here before, as has McCarthy in his nearly two decades in office, but the stakes are ever higher, with Republicans powered by an increasingly hard-right faction that is refusing to allow business as usual in Washington.

With former President Donald Trump’s backing, McCarthy’s right-flank pushed him into the speaker’s office at the start of the year only after he agreed to a long list of conservative demands — including the ability to call a quick vote to “vacate the chair” and remove him from office.

That threat of an abrupt ouster hovers over McCarthy’s every move, especially now.

To start, Congress faces a deadline to fund the government by the end of the month, or risk a potentially devastating federal shutdown. There are just 11 working days for Congress to act once the House resumes Tuesday.

McCarthy and his team are pitching lawmakers on a stopgap funding bill, through Nov. 1, to keep the government running under a 30-day continuing resolution, or CR, according to a leadership aide granted anonymity to discuss the private talks.

But as McCarthy convenes lawmakers for a private huddle, even the temporary funding is expected to run into opposition from his right flank.

Facing a backlash from conservatives who want to slash government funding, McCarthy may be able to ease the way by turning to another hard-right priority, launching a Biden impeachment inquiry over the business dealings of the president’s son, Hunter Biden.


3M agrees to pay $6 billion to settle earplug lawsuits
Legal Topics | 2023/08/30 17:19
Chemical and consumer product manufacturer 3M has agreed to pay $6 billion to settle numerous lawsuits from U.S. service members who say they experienced hearing loss or other serious injuries after using faulty earplugs made by the company.

The settlement, consisting of $5 billion in cash and $1 billion in 3M stock, will be made in payments that will run through 2029. The agreement announced by the Minnesota company on Tuesday marks a resolution to one of the largest mass torts in U.S. history.

Hundreds of thousands of veterans and current service members have reportedly sued 3M and Aearo Technologies, a company that 3M acquired in 2008, over their Combat Arms Earplug products. The service members alleged that a defective design allowed the products — which were intended to protect ears from close range firearms and other loud noises — to loosen slightly and allow hearing damage, according to Aylstock, Witkin, Kreis, & Overholtz PLLC, one of the law firms representing plaintiffs.

In an online summary about the Combat Arms Earlplug litigation, the Florida-based law firm notes that 3M previously agreed to pay $9.1 million to settle a lawsuit on behalf of the government alleging the company knowingly supplied defective earplugs to the U.S. military. And since 2019, the firm added, 3M has lost 10 of 16 cases that have gone to trial — awarding millions of dollars to plaintiffs to date.

In Tuesday’s announcement, 3M maintained that the agreement — which includes all claims in Florida’s multi-district litigation, coordinated state court action in Minnesota, and potential future claims — was not an admission of liability.

“The products at issue in this litigation are safe and effective when used properly,” the company wrote. “3M is prepared to continue to defend itself in the litigation if certain agreed terms of the settlement agreement are not fulfilled.”

3M has previously tried to reduce exposure to the earplug litigation through bankruptcy court, the Wall Street Journal reported. In 2022, Aearo filed for bankruptcy as a separate company, accepting responsibility for claims, but the filing was later dismissed in U.S. bankruptcy court.

Beyond the earplug litigation, 3M in June agreed to pay at least $10.3 billion to settle lawsuits over contamination of many U.S. public drinking water systems with potentially harmful compounds. The deal would compensate water providers for pollution with per- and polyfluorinated substances, also known as “forever chemicals.”

The agreement hasn’t been finalized yet. Last month, 22 attorneys general urged a federal court to reject the proposed settlement, saying it lets manufacturer 3M off too easily.


US sues SpaceX for alleged hiring discrimination against refugees and others
Legal Topics | 2023/08/27 22:38
The U.S. Department of Justice on Thursday sued SpaceX, the rocket company founded and run by Elon Musk, for alleged hiring discrimination against refugees and people granted asylum.

The complaint, filed in an administrative court within the department, asserts that SpaceX wrongly claimed that federal export control laws barred it from hiring anyone but U.S. citizens and permanent residents. As a result, it discouraged refugees and asylum grantees from applying for jobs at the company, according to the complaint.

Export controls typically aim to protect U.S. national security and to further national trade objectives. They bar the shipment of specific technologies, weapons, information and software to specific non-U.S. nations and also limit the sharing or release of such items and information to “U.S. persons.” But the Justice Department noted that the term includes not only U.S. citizens, but also permanent U.S. residents, refugees, and those granted asylum.

The department charged that SpaceX also refused to “fairly” consider applications from this group of people or to hire them. The positions in question included both ones requiring advanced degrees and others such as welders, cooks and crane operators at the company.

The U.S. is seeking “fair consideration and back pay” for people who were deterred from or denied employment at SpaceX due to the company’s alleged discrimination, in addition to undetermined civil penalties.

SpaceX, which is based in Hawthorne, California, did not reply to a request for comment.


Worker gets almost 3 years in prison for stealing $1M from employer
Legal Topics | 2023/08/20 23:43
The former IT director of a Rhode Island metals fabrication company convicted of stealing more than $1 million from his employer and using the money for personal expenses was sentenced Monday to nearly three years in prison.

Juan Hicks, 47, of New Bedford, Massachusetts used his purchasing authority to bilk the company out of the money over a period of about 10 years, the U.S. attorney’s office in Rhode Island said in a statement.

While working at A.T. Wall Co. in Warwick, Hicks carried out his scheme in a variety of ways, prosecutors said.

He created false invoices and expense reports for purchases that were never made, and altered legitimate credit card statements to make purchases appear to be business expenses when they were really for personal expenses, authorities said.

He also issued company phones with wireless service to himself and six family members, and used company credit cards to buy airline and entertainment tickets for himself, as well as for retail purchases and auto repairs, prosecutors said.

His conduct came to light in March 2022 when his employer hired forensic analysts to determine the source of a cyberattack.

In addition to prison time he was also ordered to pay restitution. He pleaded guilty to wire fraud in March.


McCarthy floats stopgap funding to prevent a government shutdown
Legal Topics | 2023/08/16 23:38
Congressional leaders are pitching a stopgap government funding package to avoid a federal shutdown after next month, acknowledging the House and Senate are nowhere near agreement on spending levels to keep federal operations running.

House Speaker Kevin McCarthy raised the idea of a months-long funding package, known as a continuing resolution, to House Republicans on a members-only call Monday evening, according to those familiar with the private session and granted anonymity to discuss it.

On Tuesday, Senate Majority Leader Chuck Schumer said the two leaders had spoken about such a temporary measure. It would extend federal funding operations into December to allow more time to work on the annual spending bills.

“I thought it was a good thing that he recognized that we need a CR,” Schumer, D-N.Y., told reporters on a call. “We hope that our House Republicans will realize that any funding resolution has to be bipartisan or they will risk shutting down the government,” he said.

A stopgap measure that would keep government offices running past the Sept. 30 end of the fiscal year is a typical strategy while the Republican-held House and Democrat-held Senate try to iron out a long-term budget agreement. The government’s new fiscal year begins on Oct. 1, when funding approval is needed to avert closures of federal offices.

But this year, the task may prove more politically difficult. McCarthy will need to win over a large portion of his Republican colleagues to pass the stopgap bill or risk political blowback from staunch conservatives if he leaves them behind and cuts a bipartisan deal with Democrats.

Conservatives, including many from the House Freedom Caucus, are usually loathe to get behind short-term funding measures as they push for steeper spending cuts, using the threat of a shutdown as leverage.



Bankruptcy Filings Rise 10%, and Courts Feel the Pinch
Legal Topics | 2023/08/02 17:30
Personal and business bankruptcy filings rose 10 percent in the twelve-month period ending June 30, 2023, compared with the previous year.  Bankruptcy totals are reported four times annually by the U.S. government.

According to statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 418,724 in the year ending June 2023, compared with 380,634 cases in the previous year.

Business filings rose 23.3 percent, from 12,748 to 15,724 in the year ending June 30, 2023. Non-business bankruptcy filings rose 9.5 percent to 403,000, compared with 367,886 in the previous year.

On a broader scale, according to the newest statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 418,724 in the year ending June 2023, compared with 380,634 cases in the previous year.

Bankruptcy totals for the previous 12 months are reported four times annually. Filings over any 12-month period have increased only rarely since filings peaked in 2010. Bankruptcies fell sharply after the pandemic began in early 2020, despite some early COVID-related disruptions to the economy.


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