Tuesday, December 17, 2013

Attorney Charles Ware's Blog: MARYLAND LEAD PAINT DEFENSE ALERT: CA. LEAD CLEAN-...

Attorney Charles Ware's Blog: MARYLAND LEAD PAINT DEFENSE ALERT: CA. LEAD CLEAN-...: www.charlesjeromeware.com . Lead paint and lead poisoning defense litigation specialists. " We are here to make a difference. We fight;...

MARYLAND LEAD PAINT DEFENSE ALERT: CA. LEAD CLEAN-UP ORDER,www.charlesjeromeware.com

www.charlesjeromeware.com. Lead paint and lead poisoning defense litigation specialists. " We are here to make a difference. We fight; you win."  (410) 720-6129; (410) 730-5016.

A California Superior Court judge in San Diego has ordered three(3) current or former lead paint-producing companies to pay $1.1 billion into a clean-up fund to help clean-up hazards from lead paint in hundreds of thousands of homes in the state of California.

The judge's decision in the 13-year old civil case, filed by 10 city and county governments in California, requires payments by defendants SHERWIN-WILLIAMS Co., NL INDUSTRIES, Inc., and CONAGRA Grocery products company.  defendants DuPont Co. and Atlantic-Richfield Co. (owned by BP PLC) were dismissed from the case. Defendants have vowed to appeal the court's decision.

The judge has ordered the creation of a fund to achieve the goals of using the money to pay to remove lead-paint hazards from homes in Los Angeles County, San Francisco and other places whose local governments joined the legal action. The fund is to be administered by California's existing state Childhood Lead Poisoning Prevention Branch program.

[ "Lead-Paint Cleanup Ordered By Judge", The Wall Street Journal, page B1, Tuesday, December 17, 2013]

Friday, December 13, 2013

Attorney Charles Ware's Blog: SCOTUS DISMISSES "UNDER THE RADAR" UNION CASE: CHA...

Attorney Charles Ware's Blog: SCOTUS DISMISSES "UNDER THE RADAR" UNION CASE: CHA...:     w ww.charlesjeromeware.com “We are here to make a difference; we fight, you win.” The U.S. Supreme Court won’t cons...

SCOTUS DISMISSES "UNDER THE RADAR" UNION CASE: CHARLES WARE"S UPDATE








 
 

www.charlesjeromeware.com “We are here to make a difference; we fight, you win.”



The U.S. Supreme Court won’t consider a case on the validity of union-employer “neutrality agreements” after hearing oral arguments on November 13.

 

Salon had called Unite Here Local 355 v. Mulhall an “under-the radar case that could deal a major blow to already embattled U.S. unions.” Unions seek to entice companies to help them in the type of agreement before the court, promising labor peace or other concessions in exchange for an employer’s help. The employer may agree in exchange to remain neutral, for example, or may help the union by providing access to employee lists.

 

At issues is whether such agreements violate the Labor Management Relations Act, which bars companies from paying money or “any other thing of value” to a labor union trying to organize workers.

 

Justice Stephen G. Breyer dissented from the court’s dismissal of the case as improvidently granted in an opinion on Tuesday joined by Justices Sonia Sotomayor and Elena Kagan.

 

Breyer’s dissent acknowledges that the case could be moot, either because the agreement at issue expired before a federal appeals court issues a decision, or because the employee who challenged the agreement lacked standing. He said the Supreme Court should have asked for additional briefing on a third question: whether the federal law authorizes a private right of action.

 

If the case was found to be moot, the court would likely vacate the decision finding a labor violation by the Atlanta based 11th U.S. Circuit Court of Appeals, “thereby removing its precedential effect and leaving the merits question open to be resolved in a later case,” Breyer said.  

Wednesday, December 4, 2013

Attorney Charles Ware's Blog: 1931" SCOTTSBORO BOYS": JUSTICE DENIED , BUT PARDO...

Attorney Charles Ware's Blog: 1931" SCOTTSBORO BOYS": JUSTICE DENIED , BUT PARDO...: www.charlesjeromeware.com . " We are here to make a difference. We fight, you win." For the unfortunate "Scottsboro Boys&qu...

1931" SCOTTSBORO BOYS": JUSTICE DENIED , BUT PARDON STILL SWEET ?

www.charlesjeromeware.com. " We are here to make a difference. We fight, you win."

For the unfortunate "Scottsboro Boys" Justice delayed is still denied, but at least to some people this delayed justice is still sweet.

Finally, from this unjust and tragic 1931 incident in which 9 young African- American males, ages ranging from 12 to 19, were maliciously and falsely accused of rape of two white females on a train in the northern Alabama area of Scottsboro, all 9 of the defendants have been  posthumously vindicated.

" It has taken 82 years to clear the names of the Scottsboro Boys," said Sheila Washington, founder and director of the Scottsboro Boys Museum and Cultural Center. " And it happened today."

After considerable effort and lobbying by a consortium of law professors, lawyers, prosecutors, judges and others, a 3-person panel of the Alabama Board of Pardons and Paroles voted unanimously on Thursday, November 21st, 2013, to issue posthumous pardons to the remaining three Scottsboro Boys who had neither already received a pardon nor had their convictions dropped previously.

It must be cautioned, however, that the criminal justice system is still far from being colorblind.
Sadly and tragically, U. S. prisons are still packed with young black people who have been falsely accused of crimes. The chances today of being jailed for something you did not do are still much greater if your skin color is black or dark.

[ posthumous Pardons In 1931 Scottsboro Boys Rape Cases, CNN, 11-21-2013, by Tom Watkins and Marlena Baldacci]