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High court rules against steelworkers' claim
Current Cases | 2014/01/27 13:39
The Supreme Court says steelworkers do not have to be paid for time they spend putting on and taking off protective gear they wear on the job.

The court was unanimous Monday in ruling in favor of United States Steel Corp. over workers' claims that they should be paid under the terms of federal labor law for the time it takes them to put on flame-retardant jackets and pants, safety glasses, earplugs, hardhats and other equipment.

Justice Antonin Scalia said for the court that the labor agreement between the company and the workers' union says the employees don't get paid for time spent changing clothes. Scalia said most of the items count as clothing. He said earplugs, glasses and respirators are not clothing, but take little time to put on.


Lawmakers push back against Washington high court
Class Action | 2014/01/27 13:37
Washington state's highest court has exercised an unusual amount of power on education funding, and it's prompted some lawmakers to raise constitutional concerns.

Before last year's legislative session, the court ruled that the state wasn't meeting its obligation to amply pay for basic education. In response, the Legislature added about $1 billion in school-related spending, and lawmakers widely agree they'll add more funding in coming years.

Earlier this month, the court went a step further, analyzing specific funding targets while telling lawmakers to come back with a new plan by the end of April.

Those specific demands have irked budget writers in the Legislature.

"They are way out of their lane," said Republican Sen. Michael Baumgartner.

Baumgartner expects lawmakers will continue adding "substantially new resources" to the state education system, but he said the court's position could erode the proper balance of power in Olympia. Baumgartner hopes lawmakers will ignore the court's latest demands, or he fears justices may exercise more power going forward.


Supreme Court Upholds Hawaii Reapportionment
Current Cases | 2014/01/24 12:58
The Supreme Court has upheld Hawaii's reapportionment plan that leaves out some military personnel and students when calculating population and determining state legislative districts.

The justices affirmed a lower court ruling without comment Tuesday.

Voters challenging the reapportionment plan said it wrongfully excluded more than 108,000 military members, their families and university students. But a three-judge court in Hawaii found that the plan did not violate the Constitution's right to equal protection.

The case is Kostick v. Nago, 13-456.


Minn. Supreme Court dismisses Vikings stadium suit
Legal Spotlight | 2014/01/24 12:58
Minnesota's Supreme Court on Tuesday dismissed a lawsuit challenging the funding plan for a new Vikings football stadium, eliminating a legal obstacle that threatened a last-minute derailment of the project.

Minnesota finance officials postponed a $468 million bond sale while the case was pending. After the ruling, the chairwoman of the government authority managing the construction said she believed the project could be kept on schedule, despite earlier worries about possible delays and cost overruns.

"We are confident that we will be able to move forward very quickly, to get the financing in place for the bond sale and to keep things on track," said Michele Kelm-Helgen, board chairwoman for the Minnesota Sports Facilities Authority.

The nearly $1 billion stadium, on the Metrodome site in downtown Minneapolis, has a planned opening of July 2016.

Doug Mann, an activist and former Minneapolis mayoral candidate, filed the Supreme Court lawsuit on Jan. 10, arguing the stadium funding plan was unconstitutional. But the state's highest court disagreed.

State law "does not confer original jurisdiction on the court to resolve all challenges to legislation authorizing the use of appropriation bonds," the court's five-page ruling read. It was unsigned and issued "per curiam," meaning on behalf of the entire court. Justice Alan Page, a former Minnesota Vikings player, did not participate.


Court hearings for 2 arrested in student stabbing
Criminal Law | 2014/01/20 13:24
A 23-year-old man and a 16-year-old boy arrested in the stabbing of a Seattle University student have been ordered held after initial court appearances.

The Seattle Times reports that bail for the man was set Thursday at $1 million while the teen was ordered held in juvenile custody. Prosecutors say they expect to file charges Friday.

A 16-year-old girl arrested in the attack early Wednesday was released pending further investigation.

The suspects were arrested for investigation of robbery and assault. Police allege they followed a 23-year-old student, pushed him to the ground and stabbed him in the chest. He called for help from an emergency kiosk on campus. The student was hospitalized in serious condition.



Italian court hears final rebuttals in Knox trial
Class Action | 2014/01/20 13:23
A prosecutor urged a court on Monday to take steps to make sure that American Amanda Knox and her former Italian boyfriend would serve their sentences, if they are convicted of murdering British student Meredith Kercher.

Prosecutor Alessandro Crini preceded his request by noting that Knox has remained in the United States for this trial, while co-defendant Raffaele Sollecito has traveled abroad during it.

The defense and prosecution were both making their final rebuttals on Monday before the court begins deliberations on Jan. 30. A verdict is expected later that day.

Crini has requested guilty verdicts and jail sentences of 26 years for both defendants, and that the court increase to four years Knox's three-year sentence for a slander conviction, which has been upheld.

In the case of Sollecito, who told reporters Monday that he intends to remain in Italy for the verdict, the precautionary measures could include immediate arrest, house arrest or the confiscation of his passport.

The court's reach in Knox's case is limited by her presence in the United States, where she returned a free woman after the 2009 guilty verdicts against her and Sollecito were thrown out by a Perugia appeals court in 2011. Italy's highest court ordered a second appellate trial after blasting the acquittal.


Maryland appeals income tax case to Supreme Court
Political and Legal | 2014/01/16 13:12
The Daily Record reports the justices on Monday asked for the Obama administration's views on the constitutionality of barring state residents from deducting income taxes paid to other states from their local city or county taxes owed in Maryland.

Last year, the Maryland Court of Appeals found the state law unconstitutional, saying it violates the Commerce Clause. The court said the law discourages Maryland residents from earning money outside the state.

Maryland law allows residents to deduct income taxes paid to other states from their Maryland state tax. But the state says that provision does not apply to the "piggyback tax" the state collects for local governments.

In a brief to the Supreme Court, Maryland Attorney General Douglas Gansler said the state has broad authority to "tax all income of its residents, even income earned outside the taxing jurisdiction." He noted that the Court of Appeals' decision could cost local governments $45 million to $50 million annually. If the law is found unconstitutional, Maryland also might have to refund up to $120 million in taxes, Gansler noted in his petition.

The case arose after Brian and Karen Wynne challenged their Howard County tax bill. They had been blocked from deducting $84,550 from their county tax bill that they had paid in income taxes to other states. Brian Wynne's out-of-state income resulted from his ownership stake in a company that operates nationwide.


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