|
|
|
Uber in London court in employment case
Legal Topics |
2017/09/27 15:34
|
Uber lawyers are in a London courtroom trying to overturn a ruling that its drivers are employees of the ride-hailing service — not independent contractors.
Britain's employment tribunal decided earlier this year that two drivers who brought a claim against the company were Uber employees, entitling them to paid time off and a guaranteed minimum wage.
Uber is appealing, arguing that drivers would lose the "personal flexibility they value" as a result of the decision.
Uber attorney Dinah Rose told the tribunal the company is incorrectly lumped together with "a variety of other platforms and businesses" amid debate over the so-called gig economy.
She says Uber has the same business model as taxi firms that use self-employed drivers but technology allows it to do so on a "much larger scale."
|
|
|
|
|
|
|
Abortion clinic seeks to sue Ohio over budget restrictions
Legal Interview |
2017/09/25 22:35
|
A Cleveland abortion clinic asked Ohio's high court on Tuesday to grant it legal standing to sue over abortion-related restrictions tucked into the state's 2013 budget bill.
Preterm of Cleveland argued that the provisions impose added administrative and caseload burdens that clearly qualify the clinic to proceed with its constitutional challenge to the manner in which the bill was put together.
The clinic's attorney, B. Jessie Hill, told justices significant new hurdles are not required to meet the legal burden for standing.
"We have to do something we didn't have to do before: We have to enter into a new contract every two years," she said. "That's all we need to demonstrate."
The clinic disputes budget provisions that required more frequent renewal of a clinic's emergency transfer agreement with a local hospital after prohibiting public hospitals from participating and required testing for a fetal heartbeat before an abortion can be performed.
The state's attorney, Ryan Richardson, argued the clinic has not demonstrated true or threatened harm and so can't legally sue.
"As this court has said, really the essence of standing is having a plaintiff that has a direct and concrete stake in the issues, so that the plaintiff is able to properly sharpen the issues for the court's resolution," she said. "Bringing a plaintiff who is not directly affected impacts the ability to properly present the facts and legal issues that the court needs to properly adjudicate the case."
The lawsuit comes amid abortion clinic closures across Ohio that have coincided with falling abortion rates. |
|
|
|
|
|
|
Protests continue at Spanish court over secession arrests
Legal Business |
2017/09/24 22:36
|
Thousands of protesters stood firm outside a Spanish court in Barcelona after night fell Thursday, continuing to shout demands for the release of a dozen regional officials arrested in connection with a planned vote on Catalan independence.
Spanish authorities maintain the referendum scheduled for Oct. 1 is illegal and are challenging its constitutionality. But Catalan pro-independence groups also are digging in their heels as they fight for what they say is their right to vote.
The demonstrators who spent the day outside the Catalan Superior Court of Justice, a branch of the Spain’s national legal system, answered a call by pro-independence civic groups to stage long-term street protests against the surprise crackdown by police the previous day.
As the sun set, a large crowd sang, waved pro-independence flags and held banners proclaiming “Democracia!” (Democracy!) Unlike the previous night, when there were scuffles with police and patrol cars were vandalized, the mood remained festive.
|
|
|
|
|
|
|
Vermont’s high court finds in favor of pipeline under park
Opinions |
2017/09/24 22:35
|
Vermont’s state supreme court has issued a decision that a Vermont Gas pipeline going under a public park will not impact its use.
Activists who oppose the pipeline going under the Hinesburg park argued the 85-acre park was already designated for public use, so it couldn’t be claimed under eminent domain.
WCAX-TV reports the high court ruled on Friday that the “prior public use” doctrine didn’t apply. It ruled the installation of the pipeline will have a negligible effect on existing use.
The park represented the final piece connecting a 41-mile Addison pipeline project completed earlier this year.
|
|
|
|
|
|
|
Ski Resort Fraud Court Case to Get Started in Vermont
Court News |
2017/09/23 22:36
|
The case of whether government leaders in Vermont were complicit in ski resort fraud is headed to a courtroom for the first time.
Foreign investors sued Vermont. The Burlington Free Press reports the case moves to Vermont Superior Court in Hyde Park on Monday.
The lawsuit alleges the Vermont Regional EB-5 Center and Jay Peak were essentially partners in fraud. It says the scheme involved millions of dollars from the investors.
Jay Peak's leadership was accused last year of misusing more than $200 million raised from foreign investors through the EB-5 visa program for developments at or near the ski resort.
Lawyers for the investors and for the state are expected to argue whether the government should be immune from the lawsuit and whether the case should be dismissed. |
|
|
|
|
|
|
Court eyes Massachusetts church-state dispute
Court Watch |
2017/09/21 15:45
|
An attorney says a Massachusetts town should not be barred from giving public funds to support the restoration of a historic building just because it happens to be a church.
Nina Pickering-Cook told Massachusetts' highest court on Thursday that communities' ability to protect their historic resources shouldn't change because the structures are owned by a religious entity.
At issue is whether the town of Acton violated Massachusetts' constitution when it approved more than $100,000 in community preservation grants to restore stained-glass windows and identify other needs at a church.
Douglas Mishkin is an attorney for the taxpayers who brought the lawsuit. Mishkin told the court that active houses of worship are clearly prohibited from getting taxpayer dollars.
The Supreme Judicial Court is expected to rule in the coming months.
|
|
|
|
|
|
|
Toys R Us files for Chapter 11 reorganization
Areas of Focus |
2017/09/20 09:23
|
Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.
A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.
Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.
The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.
It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.
|
|
|
|
|
|
|
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
|
|
