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Court turns down former Illinois governor
Breaking Legal News |
2008/05/27 08:45
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The Supreme Court has rejected former Illinois Gov. George Ryan's appeal of his federal racketeering and fraud conviction. The justices have no comment on their action, in response to Ryan's claim that he and his fellow defendant, businessman Larry Warner did not receive a fair trial. Their lawyers argued that the trial judge replaced two jurors with alternates after deliberations in the case had already begun. Ryan, 74, is serving a 6 1/2 year sentence in federal prison. The Chicago-based 7th U.S. Circuit Court of Appeals earlier upheld the convictions. |
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Court OKs suits on retaliation in race cases
Court Watch |
2008/05/27 06:43
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The Supreme Court ruled Tuesday that workers who face retaliation after complaining about race discrimination may sue their employers under a Civil War-era law. The court said in a 7-2 ruling that retaliation is another form of intentional, unlawful discrimination that is barred by the Civil Rights Act of 1866. It was enacted to benefit newly freed blacks. Business groups objected that the law does not expressly prohibit retaliation and said employees should have to file suit under another law, Title VII of the Civil Rights Act of 1964. That law has a shorter deadline for filing suit and caps the amount of money that a successful plaintiff may recover. The Bush administration was on the side of the workers. The provision of the 1866 law, known as section 1981, does not explicitly mention retaliation. But Justice Stephen Breyer, in his majority opinion, said that previous Supreme Court decisions and congressional action make clear that retaliation is covered. Justices Antonin Scalia and Clarence Thomas dissented. The case grew out of the firing of a black associate manager at a Cracker Barrel restaurant in Bradley, Ill. Hedrick Humphries claimed he was fired after he complained about race discrimination by other Cracker Barrel supervisors. |
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Supreme Court sides with Ala. governor
Political and Legal |
2008/05/27 03:45
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The Supreme Court has ruled for Alabama's governor in a dispute over his attempt to fill a county commission vacancy with a fellow Republican appointee. In a 7-2 ruling, Justice Ruth Bader Ginsburg says Gov. Bob Riley did not need advance approval from the federal government to fill the vacancy. The case involves a provision of the Voting Rights Act of 1965 that requires Alabama and several other states — most of them in the South — to get federal approval before changing election procedures that affect minority voters. Ginsburg says the issue in this case is a narrow one that does not have broader application to voting rights disputes. |
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Court rules for older federal workers
Breaking Legal News |
2008/05/27 02:44
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The Supreme Court says a major anti-age bias law protects federal employees who faced retaliation after complaining about discrimination. The court ruled Tuesday 6-3 that a U.S. Postal Service employee may pursue her lawsuit under the Age Discrimination in Employment Act. The law does specifically bars reprisals against private sector employees who complain about discrimination. But it is silent as to federal workers. Justice Samuel Alito said in the ruling that the law indeed does apply to both categories of employees. |
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Companies' `sexy' hair fight spills into NY court
Court Watch |
2008/05/26 08:48
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Victoria's Secret finds itself in one "sexy" legal fight after a trademark board ruled that its "So Sexy" hair products create confusion with a rival company's family of trademarks. The latest tussle over who has legitimate claim to what's "sexy" in tresses came late Friday, when Victoria's Secret filed court papers challenging a federal Trademark Trial and Appeal Board ruling in favor of Sexy Hair Concepts LLC. The board concluded in April 2007 that consumers were likely to confuse the lingerie giant's "So Sexy" trademark for hair-care items with Sexy Hair Concepts' various trademarks using the word "sexy" for its own coiffure line. In papers filed in U.S. District Court in Manhattan, Victoria's Secret said it wants the court to consider a study it conducted. The survey found only five of 308 people who bought hair-care products associated the word "sexy" with a single company and made any reference to Sexy Hair Concepts and its offerings. The Columbus, Ohio-based company that also introduced the Very Sexy bra said its study proves "that the word `sexy' has not acquired distinctiveness among purchasers of hair care products." Thus, it added, Sexy Hair Concepts "is not the owner of a family of trademarks in the word 'sexy.'" In court papers filed earlier this month, Sexy Hair Concepts said it had used "Sexy Hair" to describe hair-care items since 1998. The company said it packages and promotes the "sexy" family of products to give "sexy" a distinctive commercial impression. Sexy Hair Concepts applied to protect its trademarks for the "sexy" product line in November 2001, well before Victoria's Secret began testing some of its "So Sexy" coiffure products in April 2003, said Sexy Hair Concepts, based in Chatsworth, Calif. Victoria's Secret has appealed the trademark board's ruling to a federal judge, who is considering only whether the board ruled correctly. Sexy Hair said it sells tens of millions of dollars' worth of "Sexy Hair" products annually. Earlier this year, Victoria's Secret chief executive Sharen Turney said her company might have become "too sexy" for its own good. "We've so much gotten off our heritage ... too sexy, and we use the word sexy a lot and really have forgotten the ultra feminine," Turney told industry analysts. |
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U.S. border cop pleads guilty to drug trafficking
Criminal Law |
2008/05/23 09:40
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A U.S. Border Patrol agent has pleaded guilty to trafficking more than one tonne of marijuana and using his patrol vehicle to transport it, prosecutors said on Thursday. Agent Juan Luis Sanchez, 31, pleaded guilty at the U.S. District Court in Tucson, Arizona, to possession with intent to distribute 1,000 kilograms or more of marijuana, the U.S. Attorney's office said in a news release. Sanchez admitted he used his patrol vehicle on six separate occasions to transport marijuana in the area around Nogales, in southern Arizona on the border with Mexico, and to accepting $45,000 in bribes. The agent also pleaded guilty to worker's compensation fraud charges relating to an injury he received in a vehicle accident while on duty. Sentencing in the case was set for Aug 13. Sanchez faces a fine of up to $4 million and a maximum penalty of life in prison. Southern Arizona is the busiest corridor for marijuana smuggling on the nearly 2,000-mile (3,200-km) U.S.-Mexico border. Last year, Border Patrol agents in the Tucson sector seized some 440 tons (tonnes) of the drug, which is moved over the border by smugglers in trucks, on horseback and on foot in improvised backpacks.
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Top court overturns dead fly-in-water damage claim
Court Watch |
2008/05/23 09:36
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A man who claimed that he became depressed, anxious and phobic after finding a a dead fly in a bottle of water will no longer get the judgment he won against a bottling company, Canada's top court ruled Thursday. Martin Mustapha will have to shell out thousands in court costs, instead of collecting the more than $345,000 he won in an Ontario court three years ago. The Supreme Court of Canada agreed in a 9-0 judgment that Mustapha suffered real psychological harm, but Chief Justice Beverley McLachlin said his reaction was so "unusual or extreme" that bottling company Culligan of Canada Ltd., should not have to pay compensation. McLachlin said the legal test for damages is whether a person of "ordinary fortitude" would suffer psychological harm. In Mustapha's case, she concluded, the reaction was so unique that Culligan could not reasonably have foreseen the consequences and should not be held liable. Mustapha insisted that he had been treated unfairly and said finding the dead fly in an unopened bottle of water in 2001 devastated him. He became obsessed with thoughts of dead flies, could not sleep and was constantly on edge — to the point that his business and even his sex life suffered. "I'm just the type of person that is very clean and cautious about the health and well-being of myself and my family," Mustapha said. He was diagnosed by several doctors as suffering from severe depression, anxiety and phobias. |
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