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Monopoly Alleged In Crane Certification
Top Legal News | 2008/05/07 14:45
In an antitrust lawsuit, a man who was denied accreditation as a crane operator claims the National Commission for Certification of Crane Operators and the International Assessment Institute conspire to monopolize training schools in California, and that the Institute pays kickbacks to Commission for the tests it administers.

Plaintiff Timothy Maxwell claims he passed all the required courses and tests but the defendants denied him certification anyway, costing him a job.

He demands punitive damages for antitrust violations, breach of contract, unfair competition, false advertising and interference with prospective business.

He is represented in Alameda County Court by James Dombroski of Petaluma.


Texas Judge Sets Execution for Mexican National
Top Legal News | 2008/05/06 14:55

A Texas court Monday set the execution date for Mexican national and Texas prisoner Jose Ernesto Medellin  for August 5, after the US Supreme Court ruled in March that President George W. Bush did not have the authority to direct state courts to comply with a ruling from the International Court of Justice (ICJ) granting new court hearings. The government of Mexico and Medellin's lawyers had requested that the judge hold off on setting an execution date, but Judge Caprice Cosper scheduled the lethal injection after refusing to allow a legal adviser to the Mexican Foreign Secretary to speak before the court.

Medellin, a Mexican national sentenced to death for raping and murdering two teenage girls, had appealed a Texas Court of Criminal Appeals November 2006 ruling that Bush had "exceeded his constitutional authority" by ordering state court rehearings for 51 Mexican nationals, including Medellin, convicted in US courts. The president's February 2005 memorandum instructed the Texas courts to follow a March 2004 ICJ decision that held that Medellin and the other Mexican nationals tried in US courts had been denied their right under the Vienna Convention on Consular Relations to contact the Mexican consulate for legal assistance and that the US was obligated to grant review and reconsideration of their convictions and sentences.



Forest Service May Redact Identities In Fire Report
Headline News | 2008/05/05 14:44
The U.S. Forest Service is not required to disclose the identities of employees who responded to a 2003 wildfire near Idaho's Salmon River that killed two Forest Service workers, a 9th Circuit panel ruled.

The court dismissed a complaint filed by the Forest Service Employees for Environmental Ethics, a public watchdog group that sought a copy of the Forest Service's investigation of the deaths of firefighters Shane Heath and Jeff Allen, who died while fighting the Cramer Fire in the Salmon-Challis National Forest.

Three other federal agencies, including the Occupational Safety and Health Administration, conducted similar investigations and criticized the Forest Service's response to the fire. The OSHA issued several citations against the agency for creating dangerous working conditions. By the Forest Service's own account, management failings had contributed to the deaths.

The Forest Service said it disciplined six employees involved in the fire, but withheld their names and identifying information due to privacy concerns.

The appellate court upheld the agency's decision, saying disclosure could cause "embarrassment, shame, stigma and harassment" for anyone associated with the tragedy.

The court also appeared skeptical that the plaintiff needed the information to launch its own investigation. The only new information that the group could exhume after four full investigations was the identities of the Forest Service employees, whom the group said it plans to contact. This stated purpose does not justify disclosure, the court ruled.

It concluded that releasing the information would not "appreciably further the public's interest in monitoring the agency's performance during that tragic event." 


Illegal Imimrants Sue Employer, Employer Sues Back
Top Legal News | 2008/05/02 14:43
A business that two employees sued for $35,000 in back wages has countersued the workers and the California Labor Commissioner in a federal class action, claiming undocumented workers should not be able to file such claims, and the Labor Commissioner lacks authority to award them back pay, as such awards violate the Immigration Reform and Control Act.

Kaji Enterprise dba Sushi Sharin and Masayoshi Kaji sued California Labor Commissioner Angela Bradstreet, and Tranquilino Cruz Garcia - who claims he is owed $5,797 in pay, plus penalties of $84 a day - and Rutilino Cruz Garcia - who claims he is owed $29,978 plus daily penalties.

The Cruzes sued Kaji on Feb. 5, alleging wages owed and Labor Code violations. The case is scheduled for trial before the Labor Commission on May 22.

Kaji claims he cannot get a fair trial because the Labor Commissioner "is biased in favor of illegal immigrants," and that the Commissions policies are "calculated to undermine the enforcement of Federal Immigration Law."

Kaji is represented by Ernest Franceschi Jr.


Author Of 'The River Why' Sues To Stop Film
Headline News | 2008/05/01 14:30

David Duncan, author of "The River Why," had sued a husband and wife, and their film companies, and Sierra Club Books, claiming Sierra resold movie rights to his book, without his permission and without paying him, after an initial option expired.

Duncan, author of the critically acclaimed "River Why" and "The Brothers K," sued Thomas Cohen dba Hammermark Productions, and Cohen's wife, Kristi Denton Cohen dba Peloton Productions, in Federal Court.

Duncan says Denton Cohen, who makes corporate training films, claims to have acquired rights to his book from her husband, a Marin County attorney. "This right, however, was not Cohen's to give," Duncan says.

Duncan claims the Cohens and Sierra Club Books perpetrated "a fraudulent scheme," in which Sierra, purporting to act as his agent, sold Hammermark film rights to the book. But Hammermark never exercised the option, Duncan says.

The complaint continues: "SCB, in violation of its fiduciary duty owed to Duncan, revived Hammermark's expired option without any consideration after Hammermark purportedly assigned the rights to Cohen and Cohen offered SCB an opportunity to invest on its own account in the film production. Even in the absence of this fraudulent conduct, Duncan terminated Hammermark's right to prepare a film derivative work in 1993 because Hammermark failed to fulfill its obligations within a reasonable time. ... Duncan has gone to great lengths in an effort to resolve the impasse created by Denton Cohen's insistence that she owns the film rights to the book and SCB's faithless conduct. Denton Cohen is not qualified to produce the film, and Duncan never would have agreed to grant her the rights. All else seemingly has failed, and Duncan now seeks herein by way of a lawsuit to finally put a stop to Denton Cohen's infringement of the right to prepare derivative works of his book 'The River Why.'"



Federal lawsuit filed over jail overcrowding
Headline News | 2008/04/30 14:45

Civil rights lawyer Jonathan Feinberg [firm profile] filed a lawsuit Monday on behalf of 11 inmates challenging the "unconstitutional conditions" in which inmates are currently being held at four Philadelphia jails. US District Judge R. Barclay Surrick of the Eastern District of Pennsylvania ruled last January that overcrowded Philadelphia jails violate inmates' constitutional rights and therefore require court monitoring. Surrick's ruling came in response to a lawsuit filed by Feinberg's partner, University of Pennsylvania law professor David Rudovsky, in 2006 and ordered the City to immediately rectify conditions including "the failure to provide beds and bedding, ... material for personal hygiene including soap, warm water, toothpaste, toothbrushes and shower facilities." Suffolk's temporary injunction expired several months ago, and the new lawsuit now seeks class certification on behalf of all Philadelphia inmates.

A similar lawsuit filed by Rudovsky 35 years ago resulted in court oversight of Philadelphia jails from 1971 to 2001.



9th Circuit Resurrects School Bible Club Lawsuit
Legal Watch | 2008/04/29 14:41
The 9th Circuit partially revived a lawsuit pitting a Seattle-area school district's non-discrimination policy against students' right to form a Bible club that requires members to declare their Christian faith.

A three-judge panel upheld in August 2007 Kentridge High School's decision to ban Truth, a proposed extracurricular club that required members to profess "a belief in the Bible and in Jesus Christ." These criteria inherently exclude non-Christians in violation of the non-discrimination policy, the judges concluded.

The court withdrew its opinion, replacing it with one that still allowed Kent School District to refuse to recognize discriminatory clubs, but took issue with waivers given to groups such as the Men's Honor Club and the Girl's Honor Club, which exclude members based on gender.

"There is no evidence in the record as to why these groups were allowed apparent waivers from the district's non-discrimination policy," Judge Wallace wrote. The court allowed the plaintiffs to proceed with their claim that the school chose to extend waivers to some student groups, but not theirs, based on religion or the religious content of their speech.


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