US high court: Who best judges fair competition?

Headline Legal News 2014/10/13 16:47   Bookmark and Share
The U.S. Supreme Court is set to hear a North Carolina case over whether U.S. states can delegate the regulation of professions such as dentistry, plumbing, cosmetology and more to boards of practitioners drawn from those occupations.

The issue set for a hearing before the justices Tuesday is whether state-established boards such as those for dentists, veterinarians, doctors and cosmetologists can regulate their occupations without fear of running afoul of federal antitrust laws.

The specific case before the court involves a 2007 decision by the North Carolina Board of Dental Examiners warning operators of teeth-whitening kiosks in malls and tanning salons that they were practicing dentistry without a license. The Federal Trade Commission has said that state's dental board engaged in unfair competition in the market for teeth-whitening services.

"Almost everyone from a plumber to the best heart surgeon in the country is affected by one of these boards. Anyone who uses their services is affected by these boards," said Lisa Soronen, executive director of the State & Local Legal Center. That group represents public officials from governors to city council members.

The number of occupations that set educational requirements and other qualifications for work in a field ranges from dozens to hundreds, depending on the state. The issue is becoming increasingly important as more jobs in the growing service sector require licenses.
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Court-martial for Missouri drill sergeant resumes

Court News 2014/09/29 14:10   Bookmark and Share
The military court-martial of a Missouri sergeant accused of sexually assaulting eight female soldiers has resumed.

A verdict is expected Wednesday after a three-day trial for 30-year-old Army Staff Sgt. Angel M. Sanchez, who is accused of using his supervisory position with the 14th Military Police Brigade to threaten some of the women he was tasked with training.

Sanchez pleaded guilty to three charges at the outset of the military judicial hearing. His accusers said the incidents took place in the bathroom of the female barracks as well as in an office shared by drill sergeants.

Most of the allegations involved women at Fort Leonard Wood in Missouri, but some involved women in Afghanistan and Fort Richardson, Alaska.
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German court: church facilities can ban headscarf

Court News 2014/09/29 14:09   Bookmark and Share
A German federal court has ruled that church-run institutions are within their rights to refuse to allow Muslim employees to wear headscarves at work.

The Federal Labor Court ruled Wednesday on a case brought by a former nurse at a Protestant church-linked hospital.

In 2010, the woman offered to return to work after maternity and sickness leave totaling four years and said she wanted to wear her headscarf at work. The hospital said no, and the woman went to court to seek compensation.

The federal court ruled that wearing a headscarf as a religious symbol isn't compatible with a contractual obligation to "neutral behavior" in a church-run facility. But it sent the woman's case back to a lower court, citing doubts over whether the hospital was technically a church institution.
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Case of American jailed in Cuba back in US court

Court Watch 2014/09/22 16:00   Bookmark and Share
A government subcontractor who has spent over four years imprisoned in Cuba should be allowed to sue the U.S. government over lost wages and legal fees, his attorney told an appeals court Friday.

Alan Gross was working in Cuba as a government subcontractor when he was arrested in 2009. He has since lost income and racked up legal fees, his attorney Barry Buchman told the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. A lawyer for the government argued the claims are based on his detention in Cuba, making him ineligible to sue.

The panel is expected to issue a written ruling on the case at a later date.

A lower-court judge previously threw out Gross' lawsuit against the government in 2013, saying federal law bars lawsuits against the government based on injuries suffered in foreign countries. Gross' lawyers appealed.

Gross was detained in December 2009 while working to set up Internet access as a subcontractor for the U.S. government's U.S. Agency for International Development, which does work promoting democracy in the communist country. It was his fifth trip to Cuba to work with Jewish communities on setting up Internet access that bypassed local censorship. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government, and Gross was tried and sentenced to 15 years in prison.
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Accused White House intruder to appear in court

Court News 2014/09/22 15:59   Bookmark and Share
Following an embarrassing security breach at the White House, one of the most closely protected buildings in the world, the Secret Service is said to be considering establishing new checkpoints to screen tourists in public areas near the presidential mansion.

Meanwhile, the man accused of scaling a security fence and getting into the president's home carrying a knife is scheduled to have his initial appearance Monday in federal court.Omar J. Gonzalez, 42, of Copperas Cove, Texas, is facing charges of unlawfully entering a restricted building or grounds while carrying a deadly or dangerous weapon.

The Army says Gonzalez served from 1997 until his discharge in 2003, and again from 2005 to December 2012, when he retired due to disability.The Secret Service tightened its guard outside the White House after Friday's security breach. Gonzalez is accused of scaling the White House perimeter fence, sprinting across the lawn and entering the building before agents could stop him.

President Barack Obama and his family were away at the time. Obama says he still has confidence in the troubled agency's ability to protect him and his family.Secret Service Director Julia Pierson has ordered increased surveillance and more officer patrols, and has begun an investigation into what went wrong.
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Appeals court questions proof-of-citizenship rules

Headline Legal News 2014/08/27 13:12   Bookmark and Share

A federal appeals panel in Denver on Monday suggested that a partisan stalemate in Congress may mean that Republicans in Kansas and Arizona will be unable to force federal election officials to impose proof-of-citizenship requirements on voter registration forms.

Those two states sued the Elections Assistance Commission after the agency refused to adjust the federal voting registration forms it distributed in Kansas and Arizona to reflect those states' requirements that voters present documentation that proves they are citizens.

A lower court found the commission needed to include the more stringent state language. But on Monday, a three-judge panel of the 10th U.S. Circuit Court of Appeals noted that Congress has not approved a single commissioner to sit on the commission in three years.

The judges were skeptical the agency could decide whether to change the federal form, one way or the other, without any commissioners.
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