Archive for June, 2010

SEC Settles Wrongful Termination Suit for $755k

The SEC is settling a wrongful termination suit filed by an employee who was fired after he went public with allegations of favoritism and improper behavior at the Commission. The Government Accountability Project, who represented fired staffer Gary Aguirre, said the settlement would include a payment for back pay and attorney’s fees amounting to a [...]

Appeal in Suit Against an ATP Under Sherman Act Rejected

Deutscher Tennis Bund v. ATP Tour, Inc., No. 08-4123, concerned plaintiffs’ suit against the ATP Tour, an organizer of worldwide men’s professional tennis circuit, claiming that ATP Tour’s reorganization to revitalize its popularity violated sections 1 and 2 of the Sherman Act and constituted a breach of the directors’ fiduciary duties.  In affirming the judgment of [...]

Unsolicited Internal Complaints Not Protected Under ERISA’s Anti-Retaliation Provision

Edwards v. A.H. Cornell & Son, Inc., No. 09-3198, concerned a plaintiff’s suit against her employers and supervisors, claiming that she was terminated in violation of section 510 of ERISA and state common law after complaining to management about alleged ERISA violations. In discussing the term “inquiry” as stated in section 510 of ERISA, the court wrote: “Here, [...]

Restraining Inmate In Shackles During Section 1983 Suit Was Error, but Harmless

In Sides v. Cherry, No. 08-1982, the Third Circuit faced a challenge to a  jury verdict in favor of the defendant-prison officials, in a former inmate’s 42 U.S.C. section 1983 suit, arguing that being restrained by handcuffs and leg irons throughout the trial denied him the right to a fair trial. As stated in the decision: “[T]he [...]

AZ Immigration Law Headed to Supreme Court

As Arizona’s controversial new immigration law continues to draw headlines and legal challenges, a different Arizona immigration law is now headed to the U.S. Supreme Court for review. The Court agreed on Monday to hear a legal challenge brought by several groups including civil rights organizations, immigration groups and businesses. The law in question involves [...]

Michael Douglas’ Ex Claims Cut from Wall Street 2

Community property, the sequel. Diandra Douglas, ex-wife of Wall Street star Michael Douglas, is back in court for a repeat performance. The first Mrs. Douglas is asking the judge for her 50% share of Michael’s profits from his repeat performance in Wall Street 2: Money Never Sleeps, the sequel to the iconic Oliver Stone film, Wall Street. [...]

With a Bang: Supreme Court Targets Gun Bans

As widely reported, and discussed on FindLaw’s Decided blog, on June 28, the Supreme Court further widened its application of the Second Amendment right to bear arms in its decision in McDonald v. Chicago. Expanding its earlier decision in District of Columbia v. Heller which found the federal laws governing the District of Columbia could not prohibit [...]

How To Annul A Marriage

Annulling a marriage. This is not a legal procedure only for nutty celebrities who go crazy in Vegas one weekend. This is a valid civil legal procedure that nullifies a marriage. An annulment is different than a divorce. A divorce dissolves a valid marriage; an annulment says that no valid marriage ever occurred. Some people [...]

Dwyane Wade, Siohvaughn Wade Divorce Finalized

Divorce is painful for everyone, even the rich and famous. Well, no kidding. Maybe it is even more painful for the rich and famous because the nastiness that accompanies so many marital break-ups goes very, very public. If everyone from the HuffingtonPost to BlackSportsOnline is reporting on your divorce hearing, you know you have problems beyond that [...]

Play it Again: Jobless Benefits Extension Stalled

As of yesterday, June 24, the same old song was playing on the floor of Congress. Yet again, hundreds of thousands of out of work Americans wait with bated breath to see if Congress can, yet again, find a compromise and extend jobless benefits, yet again. The Republicans and one aisle-crossing Democrat, Sen. Ben Nelson, [...]