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Court: Union must give fee increase notice
Court Press News |
2012/06/21 12:13
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The Supreme Court ruled Thursday that unions must give nonmembers an immediate chance to object to unexpected fee increases or special assessments that all workers are required to pay in closed-shop situations.
The court ruled for Dianne Knox and other nonmembers of the Service Employees International Union's Local 1000, who wanted to object and opt out of a $12 million special assessment the union required from its California public sector members for political campaigning. Knox and others said the union did not give them a legally required notice that the increase was coming.
The union, and the 9th U.S. Circuit Court of Appeals, said the annual notice that the union gives was sufficient. The high court disagreed in a 7-2 judgment written by Justice Samuel Alito.
"When a public-sector union imposes a special assessment or dues increase, the union must provide a fresh ... notice and may not exact any funds from nonmembers without their affirmative consent," Alito said.
Justices Sonia Sotomayor and Ruth Bader Ginsburg agreed with the judgment but wrote their own opinion. "When a public-sector union imposes a special assessment intended to fund solely political lobbying efforts, the First Amendment requires that the union provide non-members an opportunity to opt out of the contribution of funds," Sotomayor wrote. |
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Supreme Court says tribes must be fully reimbursed
Law News |
2012/06/18 13:03
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The Supreme Court says the government must fully reimburse Native American tribes for money they spent on federal programs.
The federal government had agreed to fully reimburse money tribes spent on programs like law enforcement, environmental protection and agricultural assistance, but Congress capped the amount of money earmarked for that reimbursement. The tribes sued, and the 10th U.S. Circuit Court of Appeals in Denver said the money must be fully reimbursed.
The high court on Monday said the Ramah Navajo Chapter and other Native American tribes must get their money back.
Justice Sonia Sotomayor wrote the majority opinion for Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Elena Kagan. Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer and Samuel Alito dissented. |
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Penn State: Court should dismiss Spanier's lawsuit
Legal & Political |
2012/06/15 11:15
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Penn State is asking a judge to dismiss a lawsuit filed against the university by its former president.
Graham Spanier sued May 25 to obtain old emails that he says are necessary to respond to Penn State's child sex-abuse probe.
Documents filed by Penn State on Thursday in Centre County court also argue that Spanier should have first requested the emails under the state's Right-to-Know law.
Penn State is conducting an internal investigation of how the university handled child molestation allegations against former assistant football coach Jerry Sandusky. Sandusky is currently on trial and has denied wrongdoing. |
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Riley Bennett & Egloff, LLP
Law Firm News |
2012/06/14 10:25
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Indianapolis Business & Corporate Law Firm
Entity Selection & Formation
There are many important decisions to be made by an emerging business, each of which come with potential pitfalls that be damaging to the business and its owners in the absence of proper legal guidance. Our attorneys can help you with these issues, steering you clear of the problems while helping you select the type of entity which best serves your business interests and goals. From drafting the formation documents to stock issuance to agreements between co-owners, our Firm’s skilled business attorneys can help you establish a solid legal foundation for your business’s future.
Contract Drafting & Negotiation
Beyond the formation of business entities, our Firm acts as a corporate counsel for many of its business clients, including the negotiation, drafting and review of our client’s contracts, ranging in size from a few thousand dollars to millions of dollars. With just a few hours’ time, our review of contracts before they are signed can help our clients avoid paying for hundreds of hours of attorney time in litigation once a contract dispute arises.
Riley Bennett & Egloff Law is a Business & Corporate law firm that offers an all-inclusive range of legal services for their business clients and is capable of handling the various issues any business can face. Based in Indianapolis, their attorneys have expertise in entity selection and formation, contract drafting and negotiation, and mergers and acquisitions. Their experience can help you establish a solid legal foundation for your business's future. See www.rbelaw.com. |
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Senate confirms Arizona jurist to 9th Circuit
Law News |
2012/06/13 09:10
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An Arizona Supreme Court justice was confirmed as a U.S. appellate judge Tuesday, despite complaints from conservatives that he influenced the Roe v. Wade ruling while a law clerk four decades ago.
The Senate confirmed Andrew David Hurwitz by voice vote, elevating him to the 9th U.S. Circuit Court of Appeals serving Washington, Oregon, Alaska, Idaho, Montana, Nevada, California and, Arizona.
The decision to confirm Hurwitz without a roll call angered Sen. Charles Grassley, ranking GOP member on the Judiciary Committee who opposed the nomination. A Democratic leadership official, who was not authorized to be quoted by name, said a deal to avoid a roll call was worked out between Majority Leader Harry Reid, D-Nev., and Republican leaders. .
Grassley, speaking on the Senate floor, said, "I was shocked and disappointed" with the decision to bypass a roll call. "I was not so informed, and I'm ranking member of the Judiciary Committee. It seems to me that all the business of the Senate is based upon trust between one senator and another. It seems to me that that trust has been violated. "
Grassley did not name anyone. However the deputy Republican leader, John Kyl of Arizona, supported the nomination. Kyl bristled at the suggestion that he cut a backroom deal to confirm the judge by voice vote.
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