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EEOC sues, argues man on treatment should be hired
Legal Blog News |
2011/08/16 09:30
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The U.S. Equal Employment Opportunity Commission has sued a national insurance company, contending the firm violated federal law by refusing to hire a North Carolina man after he disclosed he was participating in a methadone treatment program for a drug addiction.
The suit was filed Tuesday in U.S. District Court in Raleigh against United Insurance Co. of America, said EEOC attorney Lynette Barnes.
The complaint argues the firm violated federal disability discrimination law by refusing to hire Craig Burns, 30, who applied for a job in the firm's Raleigh office in December of 2009. The firm made a conditional offer of employment to Burns the following month, depending upon his passing a drug test, the complaint said.
The test showed the presence of methadone in his system, so Burns submitted a letter to the firm from his treatment provider saying he was participating in a supervised methadone treatment program and taking legally prescribed medication as part of the treatment, the complaint said.
Upon receiving this information, United Insurance notified Barnes he was not eligible to be hired and withdrew the employment offer, the complaint said.
Barnes said the action violates the Americans With Disabilities Act, which protects employees and applicants from discrimination based on their disabilities. A recovering drug addict is covered under the act, the attorney said in an interview. |
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Calif Supreme Court says threats must be serious
Topics in Legal News |
2011/08/15 09:31
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The California Supreme Court says state laws against threatening a crime victim or witness are valid only if a reasonable listener believes the threats are serious.
The San Francisco Chronicle says last week's unanimous decision means a Riverside County judge must re-examine the conviction of a man who told his jailed wife he would blow away the head of a man who accused them of stealing $250,000.
Eddie Lowery was convicted of threatening a crime victim and he was sentenced to a year in jail.
In its ruling Thursday, the court ruled a threat is not protected by freedom of speech if a reasonable listener concludes the speaker was serious and wasn't merely joking. |
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Ex-Harvard student due in court in 2009 shooting
Topics in Legal News |
2011/08/15 09:30
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A former Harvard student accused of hiding the gun used in a fatal shooting inside a university dormitory is due in court.
Brittany Smith is one of four people who were charged in connection with the shooting of 21-year-old Justin Cosby of Cambridge.
Smith's former boyfriend, Jabrai (juh-BRY') Jordan Copney, of New York City, was convicted of murder in Cosby's death and is serving a life sentence.
During Copney's trial, prosecutors said Cosby, a local drug dealer, was shot during an attempted robbery by Copney and two other New York City men in May 2009.
Smith is accused of giving the men her Harvard electronic keycard to enter the building, hiding the gun used in the shooting and helping the men flee. |
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Nigerian who allegedly scammed 80 law firms, lawyers out of $31M extradited to US
Law & Court News |
2011/08/14 09:30
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A Nigerian man who fled to his homeland after being accused of defrauding dozens of lawyers and law firms of more than $31 million dollars has been extradited to the U.S., Nigeria’s anti-graft agency said Friday.
Emmanuel Ekhator was arrested in Nigeria’s Benin City by the country’s Economic and Financial Crimes Commission in August. He was handed over to U.S. marshals in New York on Thursday, said Femi Babafemi, the anti-graft body’s spokesman.
“With the latest extradition, ... the message should be clear to anyone who travels abroad to commit crime and run back home to hide that Nigeria is no longer safe for them,” Farida Waziri, the anti-graft body’s chief, said in a statement. “We will get them and hand them over to face the law.”
Court records show Ekhator has yet to be assigned a lawyer. He remained in custody on Friday.
Charging documents from the U.S. District Court in the Middle District of Pennsylvania show that Ekhator and others are accused of mail and wire fraud after using bank accounts in South Korea, Singapore, China and Japan to collect the stolen money.
Federal prosecutors say the complicated scam involved multiple players, with a fraudster calling a U.S. or Canadian law firm posing as someone usually in Asia who needed to collect a debt from a person or organization based in North America. Another scammer poses as the debtor and agrees to pay off the debt — using a fake check, authorities say.
The law firms or lawyers collect the fake check, which gets validated by a third scammer posing as a bank employee over the telephone. Before the victims realize the check is fake, they’ve already used their own money to pay the fake settlement amount to their supposedly Asia-based client. |
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Tech blogger won't be charged in Apple iPhone case
Legal Blog News |
2011/08/13 09:30
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Prosecutors said Wednesday that they will not bring charges against a tech blogger who bought an Apple iPhone prototype after it was found at a bar in March 2010 in a case that ignited an unusual First Amendment debate.
San Mateo County Assistant District Attorney Morley Pitt said charges were not filed against Gizmodo.com's Jason Chen or other employees, citing California's shield law that protects the confidentiality of journalists' sources.
The difficulty we faced is that Mr. Chen and Gizmodo were primarily, in their view, engaged in a journalistic endeavor to conduct an investigation into the phone and type of phone it was and they were protected by the shield law, said Pitt.
We concluded it is a very gray area, they do have a potential claim and this was not the case with which we were going to push the envelope.
Chen's house was raided and his computer seized after Gizmodo posted images of the prototype. The website and other media organizations objected, saying the raid was illegal because state law prohibits the seizure of unpublished notes from journalists.
We feel there was not a crime to begin with and still believe that, and are pleased the DA's office has an appropriate respect for the First Amendment, said Thomas J. Nolan Jr., a lawyer for Chen. |
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