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RI pension overhaul may head to the courts
Topics in Legal News | 2011/11/18 09:07
Rhode Island is taking dramatic steps toward fixing one of the nation's most underfunded public pension systems, but the true battle with public-sector unions may be just beginning.

State lawmakers ignored jeers from public workers and the threat of a lawsuit Thursday to pass sweeping changes to the pension system covering 66,000 active and retired public workers.

The legislation is designed to save billions of dollars in future years by backing away from promises to state and municipal workers that lawmakers say the state can no longer afford. Gov. Lincoln Chafee, an independent, said he will sign the bill.

Public-sector union leaders promised a court challenge before the final votes were even cast.

The attorneys are going to make a lot of money, Philip Keefe, president of Local 580, which represents social service, administrative and technical workers. If this is overturned, it will be you, me and every other taxpayer that is on the hook for billions.

Supporters acknowledged that a lawsuit was inevitable but said the bill was thoroughly reviewed for any legal problems. Supporters said one of the reasons for the bill was to ensure there's money available when today's workers retire.


Fla. hired law firm with ties to Gov. Scott
Legal Blog News | 2011/11/18 09:06
Florida has spent nearly a half-million dollars - and could spend even more - with a large, well-known law firm that has connections to both the Republican Party of Florida as well as Gov. Rick Scott.

Since August the state has paid nearly $400,000 to the law firm of Alston and Bird to defend a new state law that requires public employees to contribute 3 percent of their pay to the state pension fund.

The firm was hired at the urging of the Scott administration which asked Attorney General Pam Bondi to approve paying the firm hourly rates at $495 an hour or nearly $300 more than what is normally allowed.

The Scott administration and Bondi have defended the hiring of the firm, saying it specializes in the kind of litigation that the state is now involved in.

But the firm's roster also includes a one-time business associate of Scott.

While not working directly on the lawsuit, a senior counsel with the firm's Washington D.C. office is Thomas Scully. Scully is also a general partner with the New York investment firm of Welsh, Carson, Anderson amp; Stowe. That's the investment firm that this June purchased Scott's shares in Solantic, a chain of urgent care clinics the governor started back in 2001.

Scully, who once led the Federation of American Hospitals, was appointed to the board of directors of Solantic back in 2008.


Conn. teeth-whitening rules challenged in court
Top Court Watch | 2011/11/17 09:49
Connecticut's rules that only a dentist can provide certain teeth-whitening services are being challenged in court.

The Institute for Justice filed the lawsuit in federal court in Hartford on Wednesday. The Arlington, Va.-based law firm says the state Dental Commission's regulations promote a monopoly for dentists by banning certain teeth whitening at salons and shopping malls.

A spokesman for the state Department of Public Health says officials haven't read the lawsuit and won't comment.

Regulations imposed in June cite inherent risks in teeth whitening and say whitening involves the practice of dentistry for diagnosing causes of discoloration, customizing treatment and other work.

The Institute for Justice, which takes on libertarian causes, says the regulations have put several practitioners out of business.


Chile court orders halt to Anglo American sale
Top Court Watch | 2011/11/16 09:49
A Chilean court on Tuesday ordered British-based mining company Anglo American to halt further sales of shares in a Chilean subsidiary.

The appeals court based in the capital of Santiago granted an injunction sought by Chile's state mining company, Codelco, which argues that it has first right of refusal on shares in Anglo American Sur, which has three operations in the country.

Anglo American PLC announced last week it had sold 24.5 percent of the subsidiary to Mitsubishi of Japan for $5.39 billion. Codelco has acknowledged that it cannot now overturn that sale, but its attorneys say they may ask for a review of its legality.

Codelco said in October that it planned to exercise its option to purchase 49 percent of the shares in Anglo American Sur for $6.57 billion. It said that option is open every third January under a contract signed in 1978 and modified in 2002.

Anglo American has announced it will fight the attempt to block its sale of the subsidiary. Its press office in Chile had no immediate comment on the court ruling.

Anglo American Sur operates the Los Bronces and El Soldado mines which produce about 261,000 tons of copper, as well as the Chagres smelter.


Company pleads guilty to dumping wastewater in Harvey Canal
Topics in Legal News | 2011/11/15 11:33
A Louisiana company has pleaded guilty to a charge it illegally discharged more than 1 million gallons of oily wastewater into the Harvey Canal.

Oakmont Environmental Inc. of Harvey faces a $500,000 fine following its guilty plea Wednesday to violating the Clean Water Act.

Clifton Carr, a 62-year-old Amite resident who was the operator of the company's waste treatment facility, also pleaded guilty Wednesday to a related charge.

Federal prosecutors say Oakmont had a permit to discharge wastewater into a Jefferson Parish sewerage treatment plant after it had been pretreated.

But the company allegedly discharged the wastewater directly into the canal without separating the oil from the water.

Prosecutors said 1.2 million gallons of oily wastewater was discharged into the canal between September 2007 and March 2008.


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