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Iowa top court: Firing of attractive aide is legal
Legal News |
2013/07/13 09:39
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The Iowa Supreme Court on Friday stood by its ruling that a dentist acted legally when he fired an assistant because he found her too attractive and worried he would try to start an affair.
Coming to the same conclusion as it did in December, the all-male court found that bosses can fire employees they see as threats to their marriages, even if the subordinates have not engaged in flirtatious or other inappropriate behavior. The court said such firings do not count as illegal sex discrimination because they are motivated by feelings, not gender.
The ruling upholds a judge's decision to dismiss a discrimination lawsuit filed against Fort Dodge dentist James Knight, who fired assistant Melissa Nelson, even while acknowledging she had been a stellar employee for 10 years. Knight and his wife believed that his attraction to Nelson _ two decades younger than the dentist _ had become a threat to their marriage. Nelson, now 33, was replaced by another woman; Knight had an all-female staff.
The all-male court issued its revised opinion Friday in the case after taking the unusual step last month of withdrawing its December opinion, which had received nationwide publicity, debate and criticism.
Nelson's attorney, Paige Fiedler, had asked the court in January to reconsider, calling the decision a blow for gender and racial equity in the workplace. She had warned the opinion could allow bosses to legally fire dark-skinned blacks and replace them with light-skinned blacks or small-breasted workers in favor of big-breasted workers. |
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State's largest court poised for staff cutbac
Legal News |
2013/06/19 10:55
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Los Angeles court officials will layoff or cut 539 jobs, likely resulting in long lines and reduced services.
Presiding Superior Court Judge David Wesley made the announcement Thursday, further restricting a court system that began facing cuts with the budget crisis in 2008.
"We have reached the new normal, and there is nothing to like about it," said Wesley.
He said the cuts will save $56 million a year but undermine the goal of a court system serving all areas of the county.
"This is not the neighborhood court we worked so hard to build," Wesley said in a written statement. "It is not our vision for access to justice. But this is the court the state is willing and able to support."
By the time July 1 rolls around, Wesley said the court will have eliminated 30 percent of its budgeted staff positions since 2002. It marks a 24 percent reduction since the state budget crisis began in 2008. |
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Court OKs Class-action Suit Over Apartment Leases
Legal News |
2013/06/10 10:13
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An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.
The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.
The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.
The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.'' |
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WikiLeaks case file fight moves to federal court
Legal News |
2013/05/24 09:12
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The WikiLeaks organization and a handful of journalists asked a federal judge Wednesday to order greater transparency in the court-martial of an Army private who has acknowledged sending reams of classified document to the WikiLeaks website.
The Center for Constitutional Rights, representing WikiLeaks and its founder Julian Assange, filed the petition in U.S. District Court in Baltimore. It seeks an order requiring public access to all documents in the court-martial of Pfc. Bradley Manning.
It also seeks to have the lawyers and military judge "reconstitute" in open court certain conferences they have held out of public view.
Shaunteh Kelly, a spokeswoman for the Military District of Washington, where Manning is being court-martialed, said the Army has a policy of not commenting on pending litigation.
Manning's 3-year-old espionage case is headed for trial next month at Fort Meade, near Baltimore. Many records of the pretrial proceedings remain secret because the military contends the First Amendment doesn't require it to provide prompt public access to court-martial documents.
Unlike civilian courts, where case files are readily available for public inspection in a clerk's office, there is no central repository for court-martial records. The military initially required reporters covering the Manning case to file federal Freedom of Information Act requests for documents, including the military judge's rulings. In February, it began releasing redacted versions of some court-martial records on a public website. In April, the judge, Army Col. Denise Lind, started releasing some of her written rulings to reporters the same day.
Still, the petition says, the public is being denied its First Amendment right to scrutinize the Manning case as it proceeds.
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Court strikes down Arizona 20-week abortion ban
Legal News |
2013/05/23 09:12
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A federal court in San Francisco Tuesday struck down Arizona's ban on abortions after 20 weeks of pregnancy.
The 9th U.S. Circuit Court of Appeals ruled that the law violates a string of U.S. Supreme Court rulings starting with Roe v. Wade that guarantees a woman's right to an abortion before a fetus is able to survive outside the womb. That's generally considered to be about 24 weeks. Normal pregnancies run about 40 weeks
Several states have enacted similar bans starting at 20 weeks. But the 9th Circuit's ruling is binding only in the nine Western states under the court's jurisdiction. Idaho is the only other state in the region covered by the 9th Circuit with a similar ban.
A trial judge had ruled that the ban could take effect. U.S. District Judge James Teilborg ruled it was constitutional, partly because of concerns about the health of women and possible pain for fetuses.
But abortion-rights groups appealed that decision, saying the 20-week ban would not give some women time to carefully decide whether to abort problem pregnancies. |
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Court dismisses lawsuits in power plant deaths
Legal News |
2013/05/09 23:37
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The Colorado Court of Appeals has dismissed lawsuits against three companies in the deaths of five workers at a power plant in 2007.
The appeals court agreed Thursday with a judge that there was no evidence that the companies violated duties or failed to provide adequate warnings of a fire hazard.
The workers died after a fire broke out inside a pipeline at Xcel Energy's Cabin Creek hydroelectric plant near Georgetown, about 40 miles west of Denver. The men were inside the pipeline resealing it at the time.
The workers were trapped in the tunnel when a flammable solvent they were using to clean an epoxy paint sprayer ignited on Oct. 2, 2007.
Families of the men and four injured employees sued KTA-Tator Inc., Structural Integrity Associates Inc. and Graco, Inc., claiming the companies were negligent.
The court, however, noted that the sprayer used by the workers carried a warning that "flammable fumes, such as solvent and paint fumes, in (a) work area can ignite or explode" and offered safety options.
The workers communicated by radio for 45 minutes with colleagues and rescue crews. But reaching them would have involved using ropes or ladders to go down a 20-foot vertical section of tunnel then along a 1,000-foot section at a 55-degree slope, to reach the horizontal section where they were located. |
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