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Showing posts with label United States Supreme Court. Show all posts
Showing posts with label United States Supreme Court. Show all posts

Sunday, December 15, 2013

Why The Roberts Court’s Anti-Consumer Decisions Are Even Worse Than They Seemed

Today's post was shared by Take Justice Back and comes from thinkprogress.org


"Why The Roberts Court’s Anti-Consumer Decisions Are Even Worse Than They Seemed"
Thanks in part to several recent decisions by the U.S. Supreme Court under Chief Justice John G. Roberts, most consumers are bound to contractual terms that severely restrict avenues for holding corporations accountable. Arbitration clauses, for example, force consumers to enter the private conflict resolution proceedings as an alternative to filing a lawsuit in court. Many arbitration clauses also prohibit “class action” cases, meaning each individual wanting to challenge the same practice must file his or her own separate case even when doing so would be prohibitively expensive.
The Consumer Financial Protection Bureau has a new study out that tells us why these clauses are even worse: Consumers almost never use arbitration. Out of tens of millions of people subject to arbitration clauses in agreements for credit cards, loans, checking accounts, and other financial transactions, only 900 people used arbitration between 2010 and 2012. During that same period, and even with so many contracts prohibiting court challenges, consumers filed more than 3,000 federal court cases on credit card disputes alone, including more than 400 class action lawsuits, each involving potentially millions of consumers, according to CFPB Director Richard Cordray.
“One...
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Tuesday, November 5, 2013

Supreme Court 2013: Court Could Cripple Unions In Major Labor Cases

Today's post was shared by Steven Greenhouse and comes from www.ibtimes.com

Over the next few months, the Supreme Court will hear two major cases that could prove a major setback to unions' ability to organize and collect dues -- and the conservative majority on the court is making pro-labor advocates nervous.
In UNITE HERE Local 355 v. Mulhall, the court will decide whether agreements between unions and employers that set the ground rules for union organizing violate the anti-corruption provision of the Labor Management Relations Act. That may sound pretty specific, but it could have far-reaching effects, leading labor expert and Harvard Law School professor Benjamin Sachs to write that this “could be the most significant labor law case in a generation.”
In this particular case, the union, Unite Here Local 355, struck an agreement with Mardi Gras, a Florida casino company, under which the casino would not interfere in the union’s organizing drive, and in return, the union promised not to strike during that organizing period. That kind of agreement is standard practice across the country.
The challenge to this routine agreement alleges that the casino’s concessions to the union, which included a promise to remain neutral during the organizing campaign, violates an anti-corruption statute that was intended to keep employers from bribing unions by specifically prohibiting companies from giving union officials “things of value.” Until very recently, no one considered that these organizing agreements would constitute...
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Saturday, September 28, 2013

Judge Orders New Jersey to Allow Gay Marriage

Dependency benefits under the NJ workers' compensation system are going to expand.

A New Jersey judge ruled on Friday that the state must allow same-sex couples to marry, saying that not doing so deprives them of rights that were guaranteed by the United States Supreme Court in June.
It is the first time a court has struck down a state’s refusal to legalize same-sex marriage as a direct result of the Supreme Court ruling, and with lawsuits pending in other states, it could presage other successful challenges across the country.
The decision was a rebuff to Gov. Chris Christie, a Republican who vetoed a bill passed by the Legislature last year that would have allowed same-sex couples to marry. His office said it would appeal to the state’s highest court. And he is likely to seek a stay preventing same-sex marriages from beginning on Oct. 21, as the judge ordered.
New Jersey was particularly ripe for a challenge after the Supreme Court ruling, because of a previous ruling by the state’s highest court in 2006. In that decision, in the case Lewis v. Harris, the New Jersey Supreme Court ruled unanimously that same-sex couples were entitled to all of the rights and benefits of marriage. But the court stopped short of saying they had a fundamental right to marry, and in an unusual step instructed the Legislature to define how to confer equal protection.
“The ineligibility of same-sex couples for federal benefits is currently harming same-sex couples in New Jersey in a wide range of contexts,” Judge Mary C. Jacobson of State...
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Thursday, March 1, 2012

US Supreme Court Rules State Mesothelioma Claim Preempted By Federal Locomotive Statute

The US Supreme Court ruled yesterday in Kurns v. Railroad Friction Products Corp.that a claim can not be brought under state law  for either design-defect for failure-to-warm because they are preempted under Federal law (Locomotive Inspection Act). The plaintiff, George Corson, contracted mesothelioma after working as a welder repairing asbestos brakes for the railroad.

See: Supreme Court Rules State Tort Law Claims Preempted by Federal Locomotive Statute (Justica.com)

"Justice Elena Kagan, in her concurring opinion, concluded that the design-defect and failure-to-warn claims were preempted by the LIA because "Napier recognized the federal agency's delegated authority over "the design, the construction and the material of every part of the locomotive."" Justice Sonia Sotomayor concurred in part and dissented in part, and was joined by Justices Stephen Breyer and Ruth Bader Ginsburg. Though they agreed that the design-defect claim was preempted by the LIA, they concluded that the failure-to-warn claim was not preempted because the field defined in Napier differently today because recent cases have regularly rejected the field preemption doctrine when statutory language does not contain an express preemption clause."

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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Thursday, January 12, 2012

US Supreme Court Rules Outer Continental Shelf Lands Act Covers Work-Related Injuries

English: Clarence Thomas, Associate Justice of...Image via Wikipedia
Justice Clarence Thomas

In an historic ruling yesterday the US Supreme Court held that The Outer Continental Shelf Lands Act [OCS] governs those who work on oil drilling platforms and other fixed structures beyond state maritime boundaries, and workers are eligible for compensation for "any injury occurring as the result of operations conducted on the [OCS]." 


For complete coverage of this case click here: The Jurist

"Although the Ninth Circuit’s test may not be the easiest to administer, it best reflects the text of §1333(b), which establishes neither a situs-of-injury nor a "but for" test. We are confident that ALJs and courts will be able to determine whether an injured employee has established a significant causal link between the injury he suffered and his employer's on-OCS extractive operations. Although we expect that employees injured while performing tasks on the OCS will regularly satisfy the test, whether an employee injured while performing an off-OCS task qualifies—like Valladolid, who died while tasked with onshore scrap metal consolidation—is a question that will depend on the individual circumstances of each case." Justice Clarence Thomas

Pacific Operators Offshore LLP v. Valladolid 
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