|
|
|
Court: Union must give fee increase notice
Legal News |
2012/06/21 18:34
|
The Supreme Court ruled Thursday that unions must give nonmembers an immediate chance to object to unexpected fee increases or special assessments that all workers are required to pay in closed-shop situations.
The court ruled for Dianne Knox and other nonmembers of the Service Employees International Union's Local 1000, who wanted to object and opt out of a $12 million special assessment the union required from its California public sector members for political campaigning. Knox and others said the union did not give them a legally required notice that the increase was coming.
The union, and the 9th U.S. Circuit Court of Appeals, said the annual notice that the union gives was sufficient. The high court disagreed in a 7-2 judgment written by Justice Samuel Alito.
"When a public-sector union imposes a special assessment or dues increase, the union must provide a fresh ... notice and may not exact any funds from nonmembers without their affirmative consent," Alito said.
Justices Sonia Sotomayor and Ruth Bader Ginsburg agreed with the judgment but wrote their own opinion. "When a public-sector union imposes a special assessment intended to fund solely political lobbying efforts, the First Amendment requires that the union provide non-members an opportunity to opt out of the contribution of funds," Sotomayor wrote. |
|
|
|
|
|
|
High court sides with state in DNA case
Legal News |
2012/06/18 19:34
|
The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.
The court's 5-4 ruling went against a run of high court decisions that bolstered the right of criminal defendants to confront witnesses against them.
Justice Clarence Thomas provided the margin of difference in the case to uphold the conviction of Sandy Williams, even though Thomas has more often sided with defendants on the issue of cross-examination of witnesses.
The case grew out of a DNA expert's testimony that helped convict Williams of rape. The expert testified that Williams' DNA matched a sample taken from the victim, but the expert played no role in the tests that extracted genetic evidence from the victim's sample.
And no one from the company that performed the analysis showed up at the trial to defend it.
The court has previously ruled that defendants have the right to cross-examine the forensic analysts who prepare laboratory reports used at trial. |
|
|
|
|
|
|
NYC officer pleads not guilty to manslaughter
Legal News |
2012/06/14 16:43
|
A police officer was indicted Wednesday in the death of an unarmed drug suspect, the first time a New York City officer has faced criminal charges in a fatal shooting since a groom was killed in a 50-shot police barrage on his wedding day in 2006.
New York Police Department Officer Richard Haste, 31, surrendered Wednesday morning. Haste pleaded not guilty to manslaughter charges in a courtroom filled with other officers, relatives of 18-year-old victim Ramarley Graham and their supporters.
"Ramarley was only 18," his mother, Constance Malcolm, said outside court. "We have too much of this going on and it has to stop. We need it to stop. We can't keep killing our kids. It has to stop. Something has to come out of this."
As Haste left the courtroom after posting $50,000 bail, dozens of officers applauded him. He was on crutches because of an unrelated accident and walked slowly to a car, while a small group of protesters chanted anti-police slogans behind him. |
|
|
|
|
|
|
Arizona court approves fifth execution this year
Legal News |
2012/06/13 21:32
|
The Arizona Supreme Court on Tuesday approved the execution of a death-row inmate who was spared from the death penalty last year after winning a last-minute delay from the nation's highest court.
Daniel Wayne Cook, 50, is now scheduled for execution on Aug. 8 at the state prison in Florence.
Cook was sentenced to death for killing a 26-year-old Guatemalan immigrant, Carlos Cruz-Ramos, and a 16-year-old boy, Kevin Swaney, in 1987, after police say he tortured and raped them for hours in his apartment in Lake Havasu City in far western Arizona.
Cook had been scheduled for execution on April 5 of last year, but the U.S. Supreme Court granted him a last-minute stay to consider whether he had ineffective counsel during his post-conviction proceedings. They since have turned him down.
Another death-row inmate, Samuel Villegas Lopez, is set to be executed in two weeks.
Lopez would become the fourth inmate executed in Arizona this year, while Cook would become the fifth. Two other inmates who are nearing the end of their appeals could bring the number of executions in the state this year to seven. |
|
|
|
|
|
|
Italian court convicts 2 in asbestos-linked deaths
Legal News |
2012/02/13 18:21
|
An Italian court Monday convicted two men of negligence in some 2,000 asbestos-related deaths blamed on contamination from a construction company, sentencing each of them to 16 years in prison and ordering them to pay millions in what officials called a historic case.
Italian Health Minister Renato Balduzzi hailed the verdict by the three-judge Turin court as "without exaggeration, truly historic," noting that it came after a long battle for justice.
"It's a great day, but that doesn't mean the battle against asbestos is over," he told Sky TG24 TV, stressing that it is a worldwide problem.
Prosecutors said Jean-Louise de Cartier of Belgium and Stephan Schmidheiny of Switzerland, both key shareholders in the Swiss construction firm Eternit, failed to stop asbestos fibers left over from production of roof coverings and pipes at its northern Italian factories from spreading across the region.
During the trial, which has stretched on since December 2009, some 2,100 deaths or illnesses were blamed on the asbestos fibers, which can cause grave lung problems, including cancer. Prosecutors said the contamination stretched over decades.
The defendants had denied wrongdoing.
Hundreds of people, many of them who had lost parents or spouses to asbestos-linked diseases, crowded the courtroom and two nearby halls to gather for the verdict. When the convictions were announced, some of the spectators wept.
Two hours after announcing the convictions, Judge Giuseppe Casalbore was still reading the court's complete verdict, which included awards of monetary damages from civil lawsuits from some 6,300 victims or their relatives who alleged that loved ones either died or were left ill from asbestos. |
|
|
|
|
|
|
Law Firm & Attorney Directory |
| Law Firm PR News provides the most current career information of legal professionals and is the top source for law firms and attorneys. |
| Lawyer & Law Firm Directory |
|
|
Law Firm PR News RSS
