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Monopoly Alleged In Crane Certification
State Law Issues |
2008/05/07 07:45
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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. |
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Texas Judge Sets Execution for Mexican National
State Law Issues |
2008/05/06 07:55
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| pA Texas court Monday set the execution date for Mexican national and Texas prisoner Jose Ernesto Medellinnbsp; 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./ppMedellin, 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./p |
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Forest Service May Redact Identities In Fire Report
Legal World News |
2008/05/05 07:44
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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.nbsp; |
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Illegal Imimrants Sue Employer, Employer Sues Back
State Law Issues |
2008/05/02 07:43
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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. |
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