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Supreme Court 6 articles

Supreme Court rules Labor Department must clarify whether service advisers are exempt from overtime requirements

This week, the U.S. Supreme Court ruled 6-2 that the Department of Labor must better explain its interpretation of an overtime law prior to a ruling regarding which employees at auto-dealerships are exempt from overtime pay. The case, Encino Motorcars LLC v Navarro, was brought to the court’s attention by service advisers at a Mercedes-Benz dealership in Encino, Calif., attempting to earn overtime pay. “This lack of reasoned explication for a regulation that is inconsistent with the department’s longstanding earlier position results in a rule that cannot carry the force of the law and so the regulations does not receive ... Read More

U.S. Labor Department revises policy to accommodate Supreme Court’s DOMA decision

Many individuals in same-sex marriages will now be permitted to take an unpaid leave of absence to care for a sick or injured spouse without getting fired, thanks to the Supreme Court’s recent invalidation of the Defense of Marriage Act (DOMA), which had denied same-sex couples of the critical federal benefit. The U.S. Department of Labor (DOL) confirmed on its blog that as a result of the Supreme Court’s decision in U.S. v. Windsor, lesbian, gay, bisexual and transgendered Americans will no longer be forced to choose between keeping their job and caring for a sick spouse. The new law, ... Read More

New website monitors how corporations, lobbyists are eroding our Constitutional rights

Alarmed by the corporate lobby’s aggressive efforts to undermine the U.S. civil justice system, the American Association for Justice (AAJ) has launched a new website and blog called Take Justice Back. The aim of the website is to keep U.S. citizens informed about how their rights and protections, guaranteed by the U.S. Constitution, are being eroded by powerful corporations and lobbying groups trying to escape accountability. Armed with hundreds of millions of dollars, these corporate interests have infiltrated Congress and are using their financial might “scheming up ways to avoid accountability when they hurt someone,” the AAJ says. The “Tort ... Read More

Belize Supreme Court overturns contracts, sparing barrier reef from offshore drillers

Defying government and big-business interests, Belize’s Supreme Court has declared offshore drilling contracts awarded by the Belize government since 2004 to be null and void. The stunning ruling represents a huge victory for the second-largest barrier reef in the world and a group of organizations dedicated to protecting the ocean from the oil industry’s devastating impact. According to Oceana, one of the conservation groups that brought the case to the court, the ruling “effectively ends the Belizean government’s immediate effort to allow offshore drilling in the Meso American Reef.” Other organizations involved in the case include two Belize-based groups: the ... Read More

Wrongful-death suit involving Mazda seatbelt may proceed, Supreme Court rules

In a unanimous decision that surprised many across the political spectrum, the U.S. Supreme Court gave a wrongful-death lawsuit the green light to proceed against Mazda Motor Corp. The decision by the Supreme Court, which became conservative and corporate-friendly by a majority in 2006, offers some hope that the little guy suing a big corporation in America still has some chance for justice. The lawsuit was filed by the parents of a girl named Thanh Williamson, who was killed when the lap belt she wore in the backseat of a 1993 Mazda minivan failed to secure her during a head-on ... Read More

Supreme Court considers whether generic Reglan makers can be sued

The U.S. Supreme Court this week asked the Obama administration to comment on whether it believes generic drug companies can be sued over allegations that they inadequately labeled their products. The question arose after an appeals court reinstated a lawsuit by a woman who claimed she developed a severe neurological movement disorder after taking generic versions of the heartburn drug Reglan (metoclopramide). The lawsuit had been previously dismissed by a trial judge. Though the drugs have warning labels, the woman claims she was not adequately warned of the potential for serious side effects of the drug she was prescribed, in ... Read More