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Appeals court sides with newspaper in labor fight
Law Firm News |
2012/12/19 08:04
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A federal appeals court on Tuesday sided with the publisher of the Santa Barbara News-Press in a long-running labor dispute between the newspaper and reporters who were fired after they complained about its editorial practices.
The U.S. Court of Appeals for the D.C. Circuit ruled that the newspaper's publisher was protected by the First Amendment when it dismissed eight reporters and disciplined others who claimed the owner was interfering with news coverage.
The reporters claimed they were illegally fired for union activity and legitimate complaints about their terms of employment. But the court found the dispute was all about editorial control.
"The First Amendment affords a publisher — not a reporter — absolute authority to shape a newspaper's content," Judge Stephen Williams wrote for a three-judge panel.
The ruling stems from a dispute between Ampersand Publishing LLC and employees that began in 2006. Nearly every top editor at the paper quit in protest over what they said was owner Wendy McCaw's meddling in news coverage.
Newsroom employees later voted to form a union, and they have been fighting with the newspaper since then over bargaining rights. |
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Court: District court can hear some fed complaints
Court Issues |
2012/12/10 20:39
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The Supreme Court says some discrimination complaints from federal workers can go to federal district court, instead of being forced into the U.S. Court of Appeals for the Federal Circuit.
The justices on Monday ruled unanimously that some appeals from the Merit Systems Protection Board can go before U.S. district judges if they involve discrimination claims dismissed for procedural reasons.
Carolyn M. Kloeckner was fired from the Labor Department in 2005 after complaining of sex and age discrimination and a hostile work environment, as well as being declared "absent without leave."
The Merit Systems board dismissed her claims as untimely, and she tried to appeal to district court. But the 8th U.S. Circuit Court of Appeals said her appeal could only be heard by the D.C.-based Federal Circuit. |
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Court upholds sentence of ex-CIA station chief
Court Watch |
2012/12/04 00:16
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An appeals court has unanimously upheld the nearly 5 ½-year sentence of a former CIA station chief for sexually abusing an unconscious woman at the mansion the U.S. government provided for him in Algeria.
The three-judge panel ruled Friday that U.S. District Judge Ellen Huvelle had adequately explained why she sentenced Andrew Warren to roughly double what was called for in sentencing guidelines.
Warren argued that his Post-Traumatic Stress Disorder, depression and substance abuse made it unreasonable to give him more than a brief sentence, followed by treatment at a private facility. The appeals court disagreed.
After Warren was fired, federal agents found him high on crack in a Virginia motel room with a semi-automatic pistol in his shorts. He pleaded guilty to abusive sexual contact and a gun charge. |
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Brazil's first black Supreme Court president
Legal Opinions |
2012/11/27 03:19
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Brazil's Supreme Court is now headed by a black justice for the first time.
Joaquim Barbosa was sworn in on Thursday. He became the only black ever to serve on the court when he joined it in 2003, even though more than half of the country's 192 million people identify themselves as having African descent.
Barbosa, 58, was elected in October to a two-year tenure as Supreme Court president. His election was a foregone conclusion since the court's presidency always goes to the justice who has served on the bench the longest.
Over the past several weeks he gained national and international renown presiding over a high-profile corruption trial involving a congressional cash-for-votes scheme. The court has convicted 25 people including the former chief of staff of ex-President Luiz Inacio Lula da Silva.
President Dilma Rousseff, members of her Cabinet, state governors, congressional leaders and several sports and entertainment personalities were present at Barbosa's swearing in.
"The multiculturalism that characterizes the Brazilian people is evident here today with Joaquim Barbosa heading the highest court of the land," said Ophir Cavalcante, president of the Brazilian Bar Association in a speech during the swearing in ceremony. |
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