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Supreme Court Decides New Haven Employment Case
In a case that will have both practical and political reverberations, the U.S. Supreme Court has ruled against the City of New Haven Connecticut in a reverse discrimination suit. The case, known commonly as "New Haven Firefighters," has political impact as well, due to the fact that Supreme Court nominee, Judge Sonya Sotomayor, participated in the appeals court ruling that has now been overturned by the Court. What does the ruling potentially mean for you, your business or organization?
The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.
The fact that this was a 5-4 decision indicates that even at the highest level, judges remain split on the application of employment law to the facts raised by the New Haven case. In particular, the case asked whether the city of New Haven Connecticut erred in throwing out the results of a promotion examination because minority test takers were unlikely to receive promotions based on the results of the exam.
Writing for the majority, Justice Kennedy states:
"Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions,"
Kennedy was joined by Chief Justice Roberts and Justices Scalia, Alito and Thomas.
The dissenting Justices were Ginsburg, Souter, Bryer and Stevens:
In dissent, Justice Ruth Bader Ginsburg said the white firefighters "understandably attract this court's sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them."
Undoubtedly, labor and employment lawyers will be busy crafting new rules for employers to follow in employment testing situations. Employers will be wise to review their employment practices for compliance with the New Haven ruling and to consult with an employment lawyer to understand the issues raised by the case in application to their own organization's practices and policies.
Millions of us grew up in the Michael Jackson era of pop music. The first time I saw Michael perform, was as a pre-teen when my youngest and most fun loving aunt let me tag along with her friends to see "The Jacksons" with Randy on the bongos. I am definitely part of the "Thriller" generation. As much as any performer, Michael Jackson's body of work will always be part of the soundtrack of our lifetime.
Beyond his music, there is also, of course, a legal side to Mr. Jackson's legacy. On that front, his life diverged, especially as he aged, from the norm. He was very wealthy, but also very indebted financially. He experienced criminal legal accusation, trial and acquittal. He was the subject of lawsuits and settlements from both business partners and personal acquaintances. He was twice divorced. And now, without a doubt, there will be a protracted examination of his legal estate and perhaps that will involve more disputes.
Critical stories are already starting to appear. Here are a few links:
When the immediate tributes and remembrances and eulogies have run their course on the King of Pop, attention will likely turn to a handful of more mundane questions: what happens to Neverland, to his collection of curios; what, if anything, becomes of the rights to his musical legacy? All of these questions, of course, will involve lawyers. Dozens upon dozens of lawyers.
There will be much more to follow on the Michael Jackson estate and legal situation. He leaves three children, apparently under the care of a nanny and his mother, Katherine. We hope that Michael made arrangements for his loved ones and that he rests in peace.
The sensational break-up of America's most famous television family again highlights the legal side of family life. According to the San Francisco Examiner, "on Monday, June 22nd, divorce documents were filed in the Berks County courthouse."
In their televised announcement of the divorce, Jon Gosselin said: "Kate and I have decided to separate...I am stil in the show, but we'll interview separately. Nevertheless, apparently, TLC will continue to air the Jon & Kate Plus 8 show. Mom, Kate Gosselin, said (really) "the show must go on."
While the blogesphere and mainstream media is full of angst over whether, on its face, the televising of the Gosselin saga borders on child abuse, will the continuation of the show possibly do some good by illuminating some of the issues faced by children of broken marriages? Divorce, child support and raising good children after bad marriages is part of life. Now, is it possible that the Jon & Kate Plus 8 show might actually live up to "reality?"
Before, during and after a marriage, couples and families experience a romantic, legal and financial relationship. It is a good idea for everyone to learn about the legal side of marriage, such as prenuptial agreements, child care, child custody and for some, divorce and child support. The Rocket Lawyer Family Legal Help Guide is a good place to start.
In this economy, child support payments can strain the often already tight relationships between former spouses. Sadly, children are often the ones who suffer the most. Your state probably has several resources listed on the state's web site to to help you, whether you are the spouse paying child support or the one collecting it on behalf of your children.
Attorney Elisabeth Camaur, pictured above, specializes in family law matters, including divorce and child support.
The Supreme Court recently put the spotlight on Identity Theft (albeit by making it more difficult to use federal ID-Theft laws in other prosecutions). So, we thought that this would be a good time to look at the ways that people can protect themselves from identity theft, and recover faster if they are the unfortunate victims of one of the fastest growing crimes in the world.
Over the past several years, many new laws have been enacted to help people protect against identity theft. These laws include the powerful Security Freeze process that is now available to residents of every state. With a security freeze, anyone can make it nearly impossible for someone else to obtain credit in the original person's name. This relatively simple process can take away most, if not all, of the financial benefits (for the criminal) and risks (for the potential victim) of ID theft.
Two big whistleblower lawsuits netted the plaintiffs almost $100 Million combined in the past month. What are these David vs. Golliath lawsuits, also called qui-tam, and how might you someday be affected by them?
So called "whistleblower," or "qui-tam" suits are filed under the False Claims Act, a federal law that empowers people to file lawsuits against federal contractors claiming fraud against the government. Successful whistleblowers can receive a portion (often 15-25 percent) of the damages recovered. Thus, whistleblowers can serve to help reduce fraud against the government, ultimately saving taxpayer money. Whistleblowers with insider knowledge of false claims involving health care, military, and other government spending programs have brought suits under the Act for decades.
As reported by the Wall Street Journal's Law Blog, April 2009 has seen two of the biggest whistleblower settlements in history:
A few weeks ago, we blogged on a huge whistleblower settlement involving Northrop Grumman, one in which pocketed the plaintiff/whistleblower nearly $49 million. It was the largest whistleblower — or qui tam — settlement ever involving alleged military-procurement fraud.
Today, we open the papers to news of another whopper of a qui-tam settlement, one which will net the plaintiff/whistleblower about $45 million.
The case involved Quest Diagnostics and its Nichols Institute Diagnostics unit. The pair agreed to pay $302 million to resolve criminal and civil allegations regarding various diagnostic test kits manufactured and sold until 2006, prosecutors said Wednesday. The diagnostic tests allegedly provided inaccurate and unreliable results, prosecutors said. Under the arrangement, the duo will pay $262 million plus interest to resolve the claims. More...
If you know of instances of fraud against the government, you may be able to file and prevail in a whistleblower, or qui-tam case. Remember, in a qui-tam case, as the plaintiff (the person bringing the suit), you can receive a part of the ultimate settlement yourself. This right to share in the settlement has for centuries (qui-tam cases date back hundreds of years through both english common law and the American courts) encouraged citizens to act a watchdogs against fraud, waste and abuse in government contracting.
The first thing to do is to find a lawyer who specializes in whistleblower cases and knows what do to. In most cases, the lawyer will give you a free consultation to help you understand your rights. Thereafter, the lawyer will counsel you on how best to proceed, if at all with your whistleblower action. Many, if not most lawyers who work in whistleblower cases can also help you to understand your rights if you are retaliated against by your employer who may be involved in the subject matter of your case.
Tax Day is here! Don't forget to file your tax return today. Need an extension? IRS Form 4868 is a simple Application for Automatic Extension of Time to File U.S. Individual Tax Return. You can do it yourself and send it in to the IRS today. If you do, don't forget to import the form into your Rocket Lawyer account and save it for your records in the File Safekeeper!
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If you need help with your tax return or extension, just start with Rocket Tax. In partnership with H&R Block, Rocket Tax has all the forms you need, including a free filing extension request. Simply complete the filing extension and send it to the IRS today, April 15.
It's a fact of life that not all marriages succeed. Now, the economic downturn is putting even more stress on families that are splitting up. While celebrity divorces like Mel Gibson's attract lots of media attention, for most couples, divorce is an expense that they just can't afford, but have to deal with in order to move on with their lives.
The New York times is reporting several commentaries in its series, "Husbands, Wives and Hard Times." As Paul Amato, a professor of sociology and demography writes in the series, "research...consistently shows that economic hardship undermines marital quality and stability...Since the middle of the 20th century, declines in the economy have been linked with increases in divorce rates."
Most states now offer a no fault divorce. So, couples who can amicably work out property distribution and child custody issues can preserve family and personal resources while moving on.
What Should You Do About the Denial of a Medical Insurance Claim?
Every day, many people find themselves in one of life's most distressing situations - having a health care insurance claim denied. Sadly, it's a fact of life that our healthcare system routinely results in denied claims for medical services and care that people need and probably should be entitled to under their existing insurance policy. What should you do if a healthcare insurance claim of yours is denied?
Well, there is more and more public momentum toward cleaning up health care and claims denials. Robyn Shelton writes in the Orlando Sentinel that if you are denied a health insurance claim, "you should appeal." She goes on to write:
"First off: Don't panic. Many claims are rejected initially for glitches that can be sorted out rather easily. Do not pay a bill without making some calls." Read more...
In her article "The Health-Care Crisis Hits Home," Karen Tumulty recounts her family's ordeal as her brother had to fight the twin battles of kidney disease and a denial of his insurance coverage. Stories like these are all too familiar to millions of people:
"The unforeseen was exactly what turned up when Pat went in for a physical on Nov. 30, 2007, his first in five years. The doctor found high levels of blood and protein in his urine, results that were confirmed in another round of tests in December. Soon after that, Pat discovered that his urine had turned brown and foamy. In the middle of all this, he was laid off from his job, and finding a new one while doing temp work was his most pressing concern...That's when Pat, who is now 54, learned that his kidneys were failing. The diagnosis was only the first shock. The second came a few weeks later, in an Aug. 5 letter from Pat's health-insurance company (denying his claim). For six years — since losing the last job he had that provided medical coverage — Pat had been faithfully paying premiums to Assurant Health, buying a series of six-month medical policies, one after the other, always hoping he would soon find a job that would include health coverage...The previous four weeks had left my brother with more than $14,000 in bills from hospitals, doctors and labs..." Read more...
If you are facing an insurance claim denial, you can follow a few simple steps to first become informed about your rights, and second, fight the claims denial yourself, with the assistance of government agencies, and, if needed, your own lawyer.
Avoid the Tax Reaper with the 2009 Tax Savings Guide - Tax Tips to Save You Time and Money
Now more than ever, many people need good tax advice due to the economic downturn. Whatever your situation, the new Rocket Lawyer Tax Savings Guide can help you understand basic tax terminology and point you in the right direction. This year, RocketLawyer.com has partnered with H&R Block to bring the latest tax savings information directly to Rocket Lawyer members.
The Tax Savings Guide can help you with the following important tax issues:
