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Court blocks federal plan to extend overtime pay to many
Topics in Legal News |
2016/12/05 08:43
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In a blow to the Obama administration's labor-law plans, a federal court has blocked the start of a rule that would have made an estimated 4 million more American workers eligible for overtime pay heading into the holiday season.
As a result of Tuesday's ruling, overtime changes set to take effect Dec. 1 are now unlikely be in play before vast power shifts to a Donald Trump administration, which has spoken out against Obama-backed government regulation and generally aligns with the business groups that stridently opposed the overtime rule.
The U.S. District Court in the Eastern District of Texas granted the nationwide preliminary injunction, saying the Department of Labor's rule exceeds the authority the agency was delegated by Congress.
"Businesses and state and local governments across the country can breathe a sigh of relief now that this rule has been halted," said Nevada Attorney General Adam Laxalt, who led the coalition of 21 states and governors fighting the rule and has been a frequent critic of what he characterized as Obama administration overreach. "Today's preliminary injunction reinforces the importance of the rule of law and constitutional government."
The regulation sought to shrink the so-called "white collar exemption" that allows employers to skip overtime pay for salaried administrative or professional workers who make more than about $23,660 per year. Critics say it's wrong that some retail and restaurant chains pay low-level managers as little as $25,000 a year and no overtime — even if they work 60 hours a week.
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Solar Advocates Ask Florida High Court to Invalidate Measure
Topics in Legal News |
2016/11/01 15:13
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Solar advocates are asking Florida's high court to invalidate Amendment 1, a ballot measure they argue is misleading, and throw out votes cast for it.
The legal challenge was filed Wednesday with the Florida Supreme Court.
It comes after a leading proponent of Amendment 1 was recorded saying that the measure was written to appear pro-solar, even though it could end up restricting solar growth in Florida by raising costs.
Solar advocates are asking the court to revisit a previous ruling which found that Amendment 1's language was not misleading.
Sarah Bascom, spokeswoman for a utility-funded group that supports the amendment, called the legal challenge "political grandstanding" and said the amendment will protect consumers.
Amendment 1 seeks to change the state constitution to say consumers shouldn't "subsidize" solar growth.
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Hawaii Supreme Court affirms Maui solar telescope permit
Topics in Legal News |
2016/10/10 22:11
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Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.
The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.
Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.
"We only have one alternative now," she said. "We have to continue to protest in other ways."
They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.
The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.
State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.
"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."
Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.
"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.
External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month. |
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Supreme Court rejects Whitey Bulger appeal
Topics in Legal News |
2016/10/03 12:14
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The Supreme Court has turned away James "Whitey" Bulger's appeal of his racketeering convictions and life sentence.
The justices did not comment Monday in leaving in place Bulger's convictions for playing a role in 11 murders and many other crimes.
The 87-year-old Bulger was a fugitive for 17 years until his arrest in 2011. A jury convicted him in 2013.
Bulger argued that the judge at his trial should have let him tell the jury that a now-dead federal prosecutor had granted him immunity from prosecution. The judge said Bulger hadn't offered hard evidence that such an agreement existed.
Bulger also contended that federal prosecutors failed to disclose "promises, rewards and inducements" made to John Martorano, a hit man who testified against the Boston gangster at his trial.
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Nevada high court blocks funding for school choice program
Topics in Legal News |
2016/10/02 12:23
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The Nevada Supreme Court has ruled that the state's voucher-style Education Savings Accounts program — seen as the broadest school choice initiative in the country — has an unconstitutional funding mechanism that should remain blocked.
Justices issued a ruling on Thursday against the money source for the program — which has been on hold since the winter and never disbursed funds to families as it intended — but upholding some of the major tenets underlying the school voucher concept.
Parties on both sides of the hotly debated issue claimed victory, emphasizing different parts of the 35-page decision.
"The state was taken to its knees by a group of people that believe in public education," said Rory Reid, son of Democratic Sen. Harry Reid and president of the Rogers Foundation, which supported legal challenges against the program. "This is a tremendous victory."
Proponents framed the ruling as a "landmark win" for themselves, saying it affirmed some of their most fundamental arguments and adding that the program's defects can be fixed by the Legislature.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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