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Calif high court hears debate over worker breaks
Headline Legal News |
2011/11/09 16:57
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The California Supreme Court heard oral arguments Tuesday in a high-interest case contending restaurant managers must order meal and rest breaks for tens of thousands of workers rather than leave compliance to their discretion.
The case was initially filed eight years ago against Brinker International, the parent company of Chili's and other eateries, by chain restaurant workers complaining of missed breaks in violation of California labor law.
The case has generated immense interest among labor-law lawyers and a variety of industries grappling with defining responsibilities for meal and rest periods.
Lawyers for the workers argue that not ordering the breaks is a passive way to take advantage of workers who don't want to leave colleagues at busy times.
Brinker's attorney countered that requiring businesses to control the breaks of workers is unmanageable and that taking such breaks should be left to the discretion of employees.
The court's decision is due in 90 days, with the resolution possibly worth millions of dollars to lawyers and companies enmeshed in class-action lawsuits hinging on the issue. |
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NY investment firm among owners of Maine casino
Headline Legal News |
2011/11/07 20:14
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The former owners of the New Hampshire International Speedway and the Oxford Plains Speedway are the largest shareholders in a casino under construction in western Maine, and a New York investment firm also holds a large stake, according to the casino's business application.
Gary Bahre and his father, Robert Bahre, own 30 percent of the casino between them, according to Black Bear Realty Co.'s application, released Friday by the Maine Gambling Control Board. The Associated Press requested the application through Maine's Freedom of Access law.
A company called Maine Funding LLC is listed as owning 25 percent of the facility. Maine Funding is owned by Och-Ziff Real Estate Advisors, a New York firm that has been in involved in many gambling investments over the years, according to the application.
"Och-Ziff Real Estate has underwritten gambling-related investment opportunities across numerous jurisdictions (both state and local) ranging from major-market destination casinos to small slot route operations, working closely with property-level operators and developers to assess markets, operations and capital budgets," the application says.
Maine voters last fall approved a referendum proposing a destination resort casino in Oxford. The facility is now under construction and expected to open late next spring. |
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Court to look at life in prison for juveniles
Headline Legal News |
2011/11/07 20:13
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The Supreme Court on Monday agreed to decide whether juveniles convicted of killing someone may be locked up for life with no chance of parole, a follow-up to last year's ruling barring such sentences for teenagers whose crimes do not include killing.
The justices will examine a pair of cases from the South involving young killers who are serving life sentences for crimes they committed when they were 14.
Both cases were brought by the Equal Justice Initiative in Montgomery, Ala. The institute said that life without parole for children so young "is cruel and unusual" and violates the Constitution.
The group says roughly six dozen people in 18 states are under life sentences and ineligible for parole for crimes they committed at 13 or 14.
Kuntrell Jackson was sentenced to life in prison in Arkansas after the shooting death of a store clerk during an attempted robbery in 1999. Another boy shot the clerk, but because Jackson was present he was convicted of capital murder and aggravated robbery.
Evan Miller was convicted of capital murder during the course of arson. A neighbor, while doing drugs and drinking with Miller and a 16-year-old boy, attacked Miller. Intoxicated, Miller and his friend beat the man and set fire to his home, killing the 52-year-old man. Miller's friend testified against him, and got life in prison with the possibility of parole. |
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Appeals panel sides with CBS over Super Bowl fine
Headline Legal News |
2011/11/03 16:13
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In the latest court battle over the steamy 2004 Super Bowl halftime show, a federal appeals court ruled Wednesday that CBS should not be fined $550,000 for Janet Jackson's infamous "wardrobe malfunction."
The 3rd Circuit Court of Appeals held its ground even after the U.S. Supreme Court ordered a review in light of the high court's ruling in a related Fox television case. In that case, it said the Federal Communications Commission could threaten fines over the use of even a single curse word uttered on live TV.
But Circuit Judge Marjorie Rendell said the Fox case only "fortifies our opinion" that the FCC was wrong to fine CBS over the halftime show.
The three-judge panel reviewed three decades of FCC rulings and concluded the agency was changing its policy, without warning, by fining CBS for fleeting nudity.
"An agency may not apply a policy to penalize conduct that occurred before the policy was announced," Rendell wrote.
CBS argues that the FCC had previously applied the same decency standards to words and images — and excused fleeting instances of both.
Rendell said that long-standing policy appeared to change without notice in March 2004 — a month after the act at the Super Bowl, held in Houston. |
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Scandal-plagued former Bell official sues city
Headline Legal News |
2011/11/01 17:08
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Public outrage — and changed locks — forced Robert Rizzo out of a job last year, but the former city manager says he's still owed his $1.5 million salary and benefits.
In a lawsuit against the city of Bell filed Monday, Rizzo claims he's owed his wages — with interest — because he hasn't been convicted of a felony and hasn't resigned his post.
According to prosecutors, Rizzo orchestrated a scheme to bilk the Los Angeles suburb out of more than $6 million by paying himself and other Bell city officials' exorbitant salaries. They face charges of fraud and misappropriation of public funds.
Rizzo has pleaded not guilty.
In the lawsuit he filed in Los Angeles Superior Court, Rizzo said he hasn't been paid since a public meeting in July 2010, when the small, blue-collar community of Bell learned of his outsized salary and benefits.
Protesters were outraged by compensation of $100,000 to City Council members that met once a month, but it was Rizzo's $787,637 salary, along with numerous perks that amounted to nearly $1.5 million a year, that made him the poster-child for corruption in government for furious Bell residents. |
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Alabama immigration fight recalls civil rights era
Headline Legal News |
2011/10/31 15:47
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The epicenter of the fight over the patchwork of immigration laws in the United States is not Arizona, which shares a border with Mexico and became a common site for boycotts. Nor was it any of the four states that were next to pass their own crackdowns.
No, the case that's likely to be the first sorted out by the U.S. Supreme Court comes from the Deep South state of Alabama, where the nation's strictest immigration law has resurrected ugly images from the state's days as the nation's battleground for civil rights a half-century ago.
And Alabama's jump to the forefront says as much about the country's evolving demographics as it does the nation's collective memory of the state's sometimes violent path to desegregation.
With the failure of Congress in recent years to pass comprehensive federal immigration legislation, Arizona, Georgia, Utah, South Carolina and Indiana have passed their own. But supporters and opponents alike agree none contained provisions as strict as those passed in Alabama, among them one that required schools to check students' immigration status. That provision, which has been temporarily blocked, would allow the Supreme Court to reconsider a decision that said a kindergarten to high school education must be provided to illegal immigrants. |
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Appeals court overturns key Cape Wind clearance
Headline Legal News |
2011/10/28 16:47
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A federal appeals court has rejected the Federal Aviation Administration's ruling that the Cape Wind project's turbines present "no hazard" to aviation, overturning a vital clearance for the nation's first offshore wind farm.
A decision Friday from the U.S. Court of Appeals for the District of Columbia said the FAA didn't adequately determine whether the planned 130 turbines, each 440 feet tall, would pose a danger to pilots flying by visual flight rules.
The court ordered the "no hazard" determinations vacated and remanded back to the FAA.
It also ruled that if the FAA found the project posed aviation risks, the U.S. Interior Department would likely revoke or modify the lease granted Cape Wind — the first granted to a U.S. offshore wind project.
The decision signals further delays for the project, which has struggled to find financing. |
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