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Appeals court sides with Starbucks over tips
Law Firm Press Release |
2013/11/25 15:33
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A federal appeals court in New York has agreed that Starbucks baristas must share their tips with shift supervisors.
The 2nd U.S. Circuit Court of Appeals issued its finding Thursday.
The decision stemmed from a lower-court ruling that found that the baristas who serve customers must share tips with shift supervisors. The courts say shift supervisors do much of the same work as the coffee servers.
A Starbucks spokeswoman says the company is pleased with the ruling. She says shift supervisors spend more than 90 percent of their time serving customers.
An attoney for the baristas says the ruling lets subsidize the pay of its supervisors with money that should be going to their lowest-wage workers.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. |
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Russian court: Greenpeace activist to stay in jail
Law Firm Press Release |
2013/11/18 16:43
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A Russian judge refused Monday to free Australian Greenpeace activist Colin Russell, who was among 30 people arrested following a protest against oil drilling in the Arctic, signaling that others also could be kept in jail for three more months pending trial.
In a subsequent hearing, however, a judge agreed to free a Russian doctor who was on the Greenpeace ship when it was seized by the Russian coast guard on Sept. 18. Yekaterina Zaspa was released on bail of 2 million rubles ($61,500).
Investigators had asked St. Petersburg courts to extend the detention period of all 30. Hearings were scheduled Monday for seven of the group.
During similar hearings two months ago on whether to jail the defendants, the rulings were the same in all 30 cases, which made Monday's release of the Russian doctor unexpected.
The Russians arrested everyone on board the ship, including cooks and journalists documenting the protest, after a few of the environmental activists tried to scale an offshore drilling platform owned by Russian state energy giant Gazprom. |
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High court reverses pot conviction over evidence
Law Firm Press Release |
2013/11/11 14:18
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The Montana Supreme Court on Wednesday reversed the conviction of a Beaverhead County man for criminal distribution of dangerous drugs, saying he was convicted based on insufficient evidence.
The court ruled in a 4-1 decision that state prosecutors presented the testimony of just one witness, who said Anthony James Burwell provided her with marijuana in exchange for baby-sitting his two daughters while he went to work in summer 2011.
Jennifer Jones told authorities that the night before she was supposed to baby-sit, she and Burwell smoked a bowl of a substance she said was marijuana, describing it as "green with orange hairs," according to the opinion written by Chief Justice Mike McGrath.
Jones identified Burwell in a list of "people to narc on" that she wrote while in police custody, McGrath wrote. She gave a vague description of the man and said he lived next door to her friend, according to the opinion.
Officers concluded Jones was referring to Burwell, found that he had a medical marijuana card and charged him in October 2011. He was convicted in district court and sentenced to 10 years, with five years suspended.
"Officers never searched Burwell's residence, never attempted a controlled buy and never discovered any marijuana in his possession," McGrath wrote.
No expert analyzed Jones' description of the substance, no other witnesses backed her testimony and she did not describe the effects of the substance, McGrath wrote.
The evidence was insufficient to conclude beyond a reasonable doubt that the substance was a dangerous drug, the chief justice wrote.
Justice Jim Rice dissented, saying that the majority opinion ignores significant circumstantial evidence and that it was up to the jury that convicted Burwell to determine the facts.
Burwell acknowledged that he did not pay Jones cash for baby-sitting and that Burwell and his son were medical marijuana cardholders permitted to grow the drug at home, Rice wrote.
"The testimony here, of a lay witness identifying marijuana from prior experience with the drug, along with the confirming circumstantial evidence, is sufficient to establish the identity of the substance," Rice wrote. |
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N. Ind. court helps veterans get back on track
Law Firm Press Release |
2013/11/11 14:18
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A northern Indiana judge is helping troubled veterans get their lives back in order.
Porter Superior Judge Julia Jent started the Veterans Treatment Court slightly more than two years ago. Case managers, mental health professionals, prosecutors and public defenders work to help veterans who have had a run-in with the law try to solve some of the problems they are facing.
On Friday, six military veterans who graduated from the program. Sixty-three-year-old Paul Hake of Porter says it completely change his life. Hake is a Marine veteran who served in Vietnam. He says he had a problem with alcohol, but now he has his life back.
The class was the third graduating class since the program began.
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Butte man pleads guilty in overdose death
Law Firm Press Release |
2013/09/30 15:32
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A 20-year-old Butte man has pleaded guilty to a selling a prescription narcotic patch to a man who died of an overdose.
The U.S. Attorney's Office says Dacota Robert Rogers pleaded guilty to distribution of Fentanyl during a hearing Friday before U.S. District Judge Sam Haddon in Helena. Sentencing is set for Feb. 21.
Court records say Rogers told investigators that he sold the victim the patch for $35 last December and showed him how to smoke it. The man died of an overdose on Dec. 8.
Fentanyl is a synthetic opiate used to manage moderate to severe pain for patients who don't get enough relief from morphine or oxycodone. |
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