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High court weighs overtime pay for drug sales reps
Headline News |
2012/04/17 17:07
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A seemingly divided Supreme Court on Monday weighed a potentially costly challenge to the pharmaceutical industry's practice of not paying overtime to its sales representatives.
The justices questioned whether the federal law governing overtime pay should apply to the roughly 90,000 people who try to persuade doctors to prescribe certain drugs to their patients.
Many sales jobs are exempt from overtime pay under the Fair Labor Standards Act. But unlike typical salespeople who often work on commission, pharmaceutical sales representatives cannot seal a deal with doctors. Federal law, in fact, forbids any binding agreement by a doctor to prescribe a specific drug.
Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day. Their jobs required them to meet with doctors in their offices, but also to attend conventions, dinners, even golf outings.
Justice Ruth Bader Ginsburg was among several justices who wondered about limits on overtime opportunities if the court were to rule for the sales reps. A court filing by the industry said drug companies could be on the hook for billions of dollars in past overtime. |
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Justice Dept opposes Texas voter ID law
Legal News |
2012/03/12 19:08
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The Justice Department's civil rights division on Monday objected to a new photo ID requirement for voters in Texas because many Hispanic voters lack state-issued identification.
Texas follows South Carolina as the second state in recent months to become embroiled in a court battle with the Justice Department over new photo ID requirements for voters.
Photo ID laws have become a point of contention in the 2012 elections. Liberal groups have said the requirements are the product of Republican-controlled state governments and are aimed at disenfranchising people who tend to vote Democratic — African-Americans, Hispanics, people of low-income and college students.
Proponents of such legislation say the measures are aimed at combating voter fraud. But advocacy groups for minorities and the poor dispute that and argue there is no evidence of significant voter fraud.
In regard to Texas, "I cannot conclude that the state has sustained its burden" of showing that the newly enacted law has neither a discriminatory purpose nor effect, Thomas E. Perez, the head of the Justice Department's civil rights division, said in a letter to the Texas secretary of state.
Texas Attorney General Greg Abbot has said the Obama administration is hostile to laws like the one passed last year in Texas. |
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Afghanistan suspect's base had 2010 killing case
Legal Watch |
2012/03/11 19:09
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Joint Base Lewis-McChord is one of the largest military installations in the U.S., and one that has seen its share of controversies and violence in the past few years.
The news that a soldier suspected of killing 16 Afghan villagers Sunday comes from this base about 45 miles south of Seattle hit hard.
"It's another blow to this community," said Spc. Jared Richardson, an engineer, as he stood outside a barbershop near the base. "This is definitely something we don't need."
Home to about 100,000 military and civilian personnel, the base has suffered a spate of suicides among soldiers back from war. The Army is investigating whether doctors at Lewis-McChord's Madigan Army Medical Center were urged to consider the cost of providing benefits when reviewing diagnoses of post-traumatic stress disorder.
Most famously, four Lewis-McChord soldiers were convicted in the deliberate thrill killings of three Afghan civilians in 2010.
The military newspaper Stars and Stripes called it "the most troubled base in the military" that year.
Catherine Caruso, a spokeswoman for Lewis-McChord, said she could not comment on reports that the soldier involved in Sunday's shooting was based there. |
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Experienced Advocacy Focused on Your Recovery
Legal Interview |
2012/03/07 17:38
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The motorcycle accident attorney services by King Law Firm, P.C., are designed to help you get your life back together and get you the maximum settlement possible.
An experienced motorcycle attorney Ray King will:
- Investigate the motorcycle accident promptly and thoroughly
- Preserve evidence of the motorcycle crash
- Secure photographs of the motorcycle crash scene
- Establish the defendants' liability for the motorcycle accident
- Inspect the motorcycle and safety gear for potential defects
- Recover your medical expenses and lost wages
The Austin, Texas motorcycle accident attorney Ray King is familiar with the battles you face as a motorcyclist, and we can help you stand up for your rights and overcome them. Ray King is "The Motorcycle Attorney" and has offices across Texas. Ray employs an office of professionals who use the latest technology to enhance each motorcycle accident victim. Ray and his staff regularly make house calls and visit hospitalized clients to accommodate their families. Ray employs an Accident Reconstructionist to investigate each motorcycle accident and immediately interview any witness and collect the necessary evidence sometimes missed by local police departments.
If you need help with your motorcycle accident case, call us at (512) 262-9018. |
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8 women allege rape, harassment in military suit
Court Center |
2012/03/06 20:57
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Eight current and former members of the U.S. military allege in a new federal lawsuit that they were raped, assaulted or harassed during their service and suffered retaliation when they reported it to their superiors.
The lawsuit, being filed Tuesday in U.S. District Court in Washington, accuses the military of a having a "high tolerance for sexual predators in their ranks" and of fostering a hostile environment that discourages victims of sexual assault from coming forward and punishes them when they do. The suit says the Defense Department has failed to take aggressive steps to confront the problem despite public statements suggesting otherwise.
The eight women include an active-duty enlisted Marine and seven veterans of the Navy and Marine Corps. Seven women allege that a comrade raped or tried to sexually assault them, including in a commanding officer's office after a pub crawl in Washington and inside a Navy barracks room in Florida. The eighth says she was harassed and threatened while deployed overseas, only to be told by a superior that "this happens all the time."
The women say they've suffered depression, anxiety and post-traumatic stress disorder because of the assaults. One woman says she tried to commit suicide after being raped inside her row home by a senior officer and his civilian friend. |
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Conn. high court rules prisoners can be force-fed
Legal Watch |
2012/03/05 20:58
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Connecticut prison inmates who go on hunger strikes can be restrained and force-fed to protect them from life-threatening dehydration and malnutrition, the state Supreme Court ruled Monday.
The 7-0 decision came in the case of 51-year-old prisoner William Coleman, a Liverpool, England, native who stopped eating in September 2007 to protest his conviction on what he claimed was a fabricated rape charge by his ex-wife. The court rejected Coleman's claims that force-feeding violated his free speech rights and international law.
Coleman's weight dropped from 237 pounds to 129 pounds by October 2008, and a prison doctor who believed Coleman was at risk of dying or developing irreversible health problems determined it was necessary to force-feed him by inserting a feeding tube through his nose and into his stomach.
The first of what Coleman's lawyers say was about a dozen forced feedings was performed on Oct. 23, 2008, after prison officials had obtained permanent authority to force-feed him after a trial in Superior Court. Coleman appealed the Superior Court judge's ruling to the Supreme Court.
Coleman resumed taking liquid nutrition voluntarily in late 2008 and returned to a normal weight, court records say, but the American Civil Liberties Union of Connecticut says he went back on the hunger strike last week. |
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Calif. jury awards $167M in sexual harassment suit
Legal News |
2012/03/03 20:57
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A Northern California jury has awarded $167 million to a former hospital employee who claimed in a lawsuit that she was sexually harassed at work and fired after she repeatedly complained.
The federal court jury found Sacramento's Mercy General Hospital and its parent, Catholic Healthcare West, liable on Wednesday for $125 million in punitive damages and $42.7 million in compensation for lost wages and mental anguish in the lawsuit filed by Ani Chopourian.
The 45-year-old Chopourian - a surgical physician's assistant - said she was subject to unwanted sexual advances and touching and sexual conversations among physicians and staff while working at Mercy from 2006 to 2008.
She alleged in her lawsuit against the hospital that she was fired for repeatedly complaining about sexual harassment.
Hospital officials say she was fired for misconduct, and they will appeal. |
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