Kansas workers seek to bar immigration questions
Headline Legal News | 2011/08/03 15:34
Workers who filed a class-action lawsuit against a Kansas slaughterhouse for unpaid wages and overtime have asked a federal judge to bar Creekstone Farms Premium Beef from discovering their immigration status during the litigation.

The employees have asked U.S. District Judge Eric Melgren for a protective order prohibiting the Arkansas City meatpacker from receiving from the named plaintiffs — or any other workers who opt into the lawsuit — any information pertaining to their present names or any other names they may have used.

They also seek to avoid having to disclose their place of birth, Social Security number and any present or prior addresses. The plaintiff's motion also seeks an order protecting the workers from having to turn over to Creekstone Farms any tax returns or any other tax forms filed under any of their identities or having to disclose the dates and times of entry into the United States. They also want to avoid turning over all identification documents likely to lead to the discovery of their immigration status.

Their attorney, Mark Kistler, told The Associated Press Tuesday that the courts already have decided that these types of information which could lead to discovery of immigration status should be protected from discovery during a lawsuit.


Court tosses Wisconsin limit on PAC donations
Areas of Focus | 2011/08/03 15:33
A federal appeals court ruling could lead to even more spending in Wisconsin's recall elections.

A 7th U.S. Circuit Court of Appeals panel ruled Monday that the state's $10,000 annual contribution limit on so-called "super PACs," or political action committees that do not coordinate with specific candidates or their campaigns, can't be enforced while a lawsuit from one of the groups is pending.

The lawsuit was brought by Wisconsin Right to Life's political action committee, and the group's attorney said it will immediately begin soliciting big-dollar donations to spend in the recalls targeting six Republicans and two Democrats.

"They will raise money in excess of the limits," said Right to Life attorney James Bopp, Jr.

To date, Wisconsin Right to Life's PAC reported spending only $325 on telephone calls in support of Republican Sen. Randy Hopper and against his Democratic challenger, Jessica King.

The appeals court said the donation limit can be exceeded while the underlying lawsuit is pending. Wisconsin Right to Life argues that the limits are an unconstitutional restriction on free speech.

Oral arguments were tentatively planned for September, after both the Aug. 9 elections targeting six Republican state senators and elections a week later involving two Democratic incumbents.


Buffalo city lawmakers irked by law firm's TV ad
Legal Topics | 2011/08/03 15:31
Some city lawmakers in Buffalo want a local law firm to stop running a television commercial that was filmed inside the Common Council Chambers.

The Buffalo News reports that the ads touting the Cellino and Barns law firm were filmed in the chambers on a Saturday in June after the building was closed to the public. The city prohibits commercials from being filmed in City Hall.

Common Council President David Franczyk says he never was informed of any plans to film a commercial in the ornate chamber. Majority Leader Richard Fontana told the newspaper he wants the firm to stop running the ads.

The firm's chief operating officer says they'll continue airing the commercial, which was shot while a filmmaker was inside the building shooting scenes for a movie about Buffalo.


Layoffs loom in Ala. court clerks' offices
Legal Topics | 2011/08/01 15:49
A month-long notice has begun for massive layoffs in state court clerks' offices.

The Birmingham News reports that court officials say about one-third of the 750 employees in clerks' offices statewide will be laid off effective Aug. 31.

The officials say the layoffs are timed so the 255 workers will be off the state payroll before the court system's new, leaner budget takes effect Oct. 1.

The Jefferson County clerk's offices, which handle more than 75,000 filings per year, will be down to 48 full-time clerks and three temporary workers after the layoffs.

Chief Justice Sue Bell Cobb has ordered clerks' offices statewide to be closed to the public for 10 hours weekly starting in August to give the workers time to catch up on processing court documents.


NJ high court to rule in case of retired judge
Legal Topics | 2011/08/01 15:49
New Jersey's Supreme Court has upheld the censure of a retired Superior Court judge.

Steven Perskie was disciplined in March for not recusing himself in a timely fashion from a case involving his former campaign treasurer. A state Supreme Court committee also found Perskie was not forthcoming in his remarks to a Senate committee about the incident when he was facing re-appointment.

Today's ruling found Perskie shouldn't have rejected a request during a 2006 case that he recuse himself. He later recused himself for different reasons.

The court also found that Perskie didn't intentionally mislead the Senate committee when he answered questions about the incident.

Perskie served on the Superior Court in Atlantic County and retired in January 2010. He also served as a state legislator.


DeMocker defense says former lawyer will keep mum
Headline Legal News | 2011/08/01 15:48
Lawyers for a Prescott stockbroker facing a murder retrial say they won't allow his former defense attorney to give a deposition in the case.

John Sears is one of two attorneys who quit Steven DeMocker's case in October, citing a conflict of interest. The move triggered a mistrial in November.

Deputy Yavapai County Attorney Jeffrey Paupore filed a motion last week that Sears be deposed as a material witness.

But DeMocker's current lawyer says any communications between Sears and DeMocker remains confidential and privileged.

The 56-year-old DeMocker is accused of killing his ex-wife, Carol Kennedy, with a golf club in July 2008 to avoid paying hefty alimony bills. He faces a life sentence if convicted.


Calif county drafting solar-ag compatibility law
Legal Topics | 2011/07/25 15:19
A California county is drafting a solar power law designed to protect agriculture.
The Yolo County ordinance would require solar project applicants to prove there is no available non-prime farmland nearby and would require developers to set aside land for farming and wildlife.

The Sacramento Bee says a vote on the ordinance could come as early as September.

Big solar projects are blossoming in California because of a new state law requiring utilities to obtain 33 percent of their power from renewable sources. The deadline for hitting the 33 percent mark is 2020.

Plans for a solar law come as developers Angelo Tsakopoulos and Phil Angelides propose rows of metal and concrete solar panels on 688 acres of rice-growing land in Yolo County near Interstate 80 and the Yolo Causeway.


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