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Appeals court removes key civil service protection
Legal Information |
2012/08/22 14:42
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A federal appeals court ruling that has taken key civil service protection away from government employees involved in national security work will have far-reaching implications, advocates for federal workers say.
Tom Devine, legal director of the Government Accountability Project, a whistle-blower advocacy group, said Tuesday that the appeals court has given agencies a blank check to cancel all government accountability in civil service law.
In a 2-1 decision Friday involving two Defense Department employees, the U.S. Court of Appeals for the Federal Circuit said the Merit Systems Protection Board is prohibited from reviewing dismissals and demotions of government employees who hold noncritical sensitive positions, regardless of whether those jobs require access to classified information.
The dissenting judge in the case said the decision effectively nullifies the 1978 civil service law. Advocates for federal workers point out that federal employees in noncritical sensitive jobs work at many federal agencies, making the impact of the ruling government-wide. |
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NC regulators hire law firm to probe Duke Energy
Attorney Interview |
2012/08/17 11:04
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North Carolina utilities regulators said Wednesday they have hired a former federal prosecutor with experience digging into corporate affairs to reveal whether regulators were misled ahead of a takeover that created America's largest electric company.
The North Carolina Utilities Commission said it has hired Anton Valukas and the Jenner amp; Block law firm, which he heads in Chicago. The ex-prosecutor and his firm are tasked with investigating what happened before regulators approved Charlotte-based Duke Energy Corp. taking over Raleigh-based Progress Energy Inc.
State law allows the costs associated with the utilities commission's investigation to be charged to Duke Energy and its shareholders rather than allowing the company to pass them along to its 3.2 million North Carolina customers.
A Duke Energy spokesman said the company was cooperating with regulators in their investigation.
The company on Wednesday separately sought to begin passing along to Carolinas energy consumers the first $89 million of $650 million in merger-related savings promised over the next five years. If that is approved, the average residential customer in North Carolina and South Carolina could save between 80 cents and 92 cents a month beginning in September. |
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Pa. city's immigration rules back in US court
Law Firm News |
2012/08/15 11:04
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The dispute over a northeast Pennsylvania city's attempt to crack down on illegal immigrants is back before a federal appeals court Wednesday.
The six-year case involving Hazleton returns to the 3rd U.S. Circuit Court of Appeals because of a recent Supreme Court ruling.
The city rules would fine landlords who rent to illegal immigrants and deny business permits to companies that employ them. A companion piece requires tenants to register with City Hall and pay for a rental permit.
But they've all been on hold since a federal judge struck them down, and the federal appeals court affirmed the decision, saying they usurp the federal government's power to regulate immigration.
Now a mixed decision from the Supreme Court in a related case in Arizona is sending the Pennsylvania case back to court. |
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Fed. appeals court denies ex-Ill. governor appeal
Law Firm Press Release |
2012/08/10 12:41
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A federal appellate court in Chicago has denied an appeal filed by imprisoned former Illinois Gov. George Ryan.
The 7th U.S. Circuit Court of Appeals released a 16-page ruling on Monday denying the 78-year-old Republican's appeal.
A ruling in his favor could have led to Ryan's release from an Indiana prison. It was widely seen as his last chance to get out of prison early.
Ryan is nearing the end of a 6 1/2-year sentence. He's due to be released in mid-2013.
The U.S. Supreme Court in April ordered the appeals court to revisit Ryan's arguments to overturn his conviction.
Last year, the lower court rejected arguments that the 2006 convictions should be tossed because prosecutors never proved Ryan took a bribe. |
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