California Supreme Court upholds bag ban

 The California Supreme Court today issued a ruling that impacts not only plastic bag bans throughout the state but has far-reaching ramifications for the circumstances under which public agencies must prepare environmental impact reports under the California Environmental Quality Act ("CEQA").  The court ruled in favor of the City of Manhattan Beach, paving the way for the city's ban on plastic bags to go into effect.  Downey Brand partner Christian Marshargued the case before the Supreme Court on behalf of the appellant, Manhattan Beach.  He was joined in the argument by James Moose of Remy Thomas Moose & Manley for amici curiae Californians Against Waste.  "We were confident the city had a right to impose the bag ban, and this ruling gives cities acrossCalifornia some real clarity," Marsh said.  

An industry coalition of plastic bag manufacturers and distributors known as the Save the Plastic Bag Coalition sued Manhattan Beach for its citywide ban on plastic bags, arguing that the environmental impacts associated with increased paper bag use would outweigh any environmental benefits of the ban.  The city, among many in California with similar ordinances, imposed the ban to limit the number of plastic bags making their way into the ocean and marine environment.  The case raised two important issues that have been facing fiscally-strapped cities and counties across the state: (1) whether the coalition, which had a commercial interest in overturning the ban, qualified for "public interest" standing under CEQA, and (2) what is the legal threshold under CEQA for when a project or ordinance necessitates preparing an environmental impact report, known as an EIR.  In its ruling, the court sided with the city on the CEQA threshold, but ruled against the city on the coalition's standing to sue.

Hard Rock Cafe hit hard ...

The Hard Rock Cafe International (USA), Inc. ("Hard Rock Cafe") was hit with three separate class action lawsuits - one in Miami, one in Hollywood, and one in Key West - for the company's alleged failure to pay servers and bartenders proper minimum wages required underFlorida law as a result of tip sharing practices. Each case was brought under the minimum wage provisions of Florida's Constitution, which was passed by citizen's initiative and became effective as ofMay 2, 2005. Plaintiffs are represented by the law firms of Burr & Smith, LLP (www.burrandsmithlaw.com) and Lichten & Liss-Riordan, P.C. (www.llrlaw.com).

The putative class actions related to tip sharing practices at the Miami, Hollywood, and Key West Hard Rock Cafes were filed respectively in Circuit Court in Miami-Dade County, Broward County, and Monroe County. Each complaint alleges that Hard Rock Cafe servers and bartenders were paid less than minimum wage during the period January 26, 2006 until approximately July 2009. The complaints assert that Hard Rock Cafe attempted to pay the servers and bartenders less than minimum wages while taking a tip credit allowable under Florida and federal law only when the servers and bartenders are allowed to retain all of their tips or where a legal tip pooling arrangement is instituted among employees "who customarily and regularly receive tips." The complaints allege that the servers and bartenders improperly shared their tips with individuals who were employed as expeditors. The complaints assert that the expeditors at each respective restaurant are not customarily and regularly tipped employees, but instead are kitchen employees who are responsible for ensuring food is prepared and garnished properly. The complaints allege that Hard Rock Cafe was not entitled to the tip credit because the servers and bartenders did not retain all their tips and paid a portion of their tips to expeditors.

Hard Rock Cafe employees file suit

Two Hard Rock Cafe International (Orlando), Inc. ("Hard Rock") employees, who worked in the Hard Rock Cafe at Universal Studios in Orlando, today filed a class action lawsuit against Hard Rock for the company's alleged failure to pay minimum wages that were required under Florida law. The Orlando Hard Rock Cafe is the largest Hard Rock Cafe in the world. The case was brought under the minimum wage provisions of Florida's Constitution, which was passed by citizen's initiative and became effective as of May 2, 2005.

The putative class action was filed in Circuit Court in Orange County, Florida. The complaint alleges that Hard Rock's servers and bartenders were paid less than minimum wage during the period January 14, 2006 until approximately July 2009. The complaint asserts that Hard Rock attempted to pay the servers and bartenders less than minimum wages while taking a tip credit allowable under Florida and federal law only when the servers and bartenders are allowed to retain all of their tips or where a legal tip pooling arrangement is instituted among employees "who customarily and regularly receive tips." The complaint alleges that servers and bartenders improperly shared their tips with individuals who were employed as expediters. The complaint asserts that the expediters at the Orlando Hard Rock Cafe are not customarily and regularly tipped employees; instead, they are kitchen employees who are responsible for ensuring food is prepared and garnished properly. The Complaint alleges that Hard Rock was not entitled to the tip credit because servers and bartenders did not retain all their tips and paid a portion of their tips to expediters.

Drugs disguised as Bath Salts

Some bath salts – with names like Ocean Burst and Ivory Wave – aren't really for bathing. Rather, they are the latest high for naive teens and young adults as well as established drug abusers.

"Fake cocaine and fake meth are laced in bath salts and sold legally on the Internet and in convenience stores, gas stations, truck stops and head shops in most states. This newest boutique chemical substance is being used for a narcotic effect and often sends users to emergency rooms," warns Greg L. Jones, M.D., addiction medicine physician at Willingway Hospital, an alcohol and drug abuse treatment center in Statesboro, Ga.

According to Dr. Jones, manufacturers are using engineered molecules similar to controlled substances in the fake bath salts, which are labeled 'not for consumption,' to skirt the law. The molecules are derivatives of two controlled substances –MDPV (methylenedioxypyrovalerone, which is similar to Ritalin, but more potent) and mephedrone (an amphetamine-like drug). Also known as party salts and party powders, fake bath salts are snorted or ingested to create a stimulant, narcotic effect like that of cocaine.

Beware of scam debt collectors

The collection of duly owed consumer debt is vital to maintaining a strong national, state and community economy.

"The fulfillment of a consumer's personal responsibility to pay for a product or service they have agreed to use is vital to helping businesses from Main Street to Wall Street survive," said ACA International Chief Operating Officer Ted Smith, CAE. "Every business day, professional debt collectors are contacting millions of consumers to recover legitimate debts."

In the event a consumer has been contacted and believes it is a scam or has been the victim of a scam, ACA International offers these helpful tips:

Debt collectors must identify themselves and the collection agency they represent when contacting a consumer to attempt to collect a debt.
Debt collectors must send you a letter confirming the name of the creditor and should reference a specific account and basic information about the debt owed.
Talk to the debt collector to verify the debt and resolve the situation, but be cautious when disclosing any personal information. Do not provide or confirm your Social Security number, any bank account, credit card or other personal information until you have confirmed the legitimacy of the collector.
A legitimate debt collector should never harass, use vulgarities or threaten to have you arrested.

Coal mine company offers 3 million per dead miner...

In an attempt to reduce/avoid the lawsuits being filed, Massey Offers $3M Each To Dead Miners' Families. I'm sure the amount is more than many could imagine but the reality of the situation hits home when one of the families is interviewed:

"We don't want the money," his daughter, Michelle McKinney, said. "We would like to have our daddy back alive."

McKinney said she, her mother and her two brothers met with Massey officials April 21. She wouldn't disclose the amount of the settlement offer but said the family was not given a deadline for a response and was not asked to keep the offer confidential.

"Once we agree," McKinney said, "the case is closed. We can't sue."

The families will also receive death benefits not connected with any settlement and in addition to a cash payout. The death benefits include health insurance coverage, life insurance (five times the annual salary of the mineworker), college tuition and ongoing weekly paychecks (until widows remarry).

"Some of the miners hadn't been in the ground four or five days," McKinney said, referring to the timing of the offer.

Facebook was his alibi...

Kind of a different reason to be glad you were on Facebook, from Time:

So how did Bradford walk free? Facebook. On the day of the crime, which took place around 11:50 a.m., his status on Facebook was updated at 11:49 a.m.: "on the phone with this fat chick...wherer my i hop." He had been talking with his girlfriend and referenced a recent visit to the restaurant chain IHOP. A Brooklyn district attorney subpoenaed Facebook and, with the pulled records, Reuland was able to convince her that Bradford's Facebook update had been posted within a minute of "the time the crime was alleged to have happened, from an IP address registered to [Bradford's] father in Manhattan."

"What we had in hand was irrefutable proof," says Reuland. "And that's really where it turned the trick." Bradford's Facebook alibi "made the day," he says.

While Facebook may have saved Bradford, the article also points out how it's nailing others:

Facebook profiles have helped nab all kinds of people, from unfaithful spouses in divorce settlements to cheaters in insurance-fraud cases. As Browning noted this month at a conference sponsored by the Texas Center for the Judiciary, our online lives are "virtual treasure troves of information" for lawyers and judges.

"Whenever we're on the Internet, we leave behind this very revealing and gigantic trail of information," says Nicholas Bramble, a Yale Law School fellow who has studied digital evidence. And that trail — which can include anything from a post on a Facebook profile to a message to a MySpace contact to an appearance in the background of a stranger's photo — can be a "huge resource" in judicial proceedings, he says.

After everything, Pfizer pulling out of New London...

I don't normally cross post material, but I think this one is relevant for the readership of more than one of my blogs...I followed the Kelo versus New London story for a variety of reasons, one of which is that is where my husband is from, another was that I took issue with the way eminent domain was being used there, and had been used here in Toledo. Now, as a sad end to the whole tale, Pfizer is leaving:

Pfizer’s abandonment of its plans for New London render moot the U.S. Supreme Court’s decision on eminent domain in Kelo v. New London. In the case, the city of New London had sought “eminent domain” power to seize the houses of several people living in a run-down neighborhood. The land was to be transformed into Pfizer’s new facility. The city argued it needed to bulldoze blighted areas in order to redevelop them. Susette Kelo argued the government should not have the right to take her home.

Throwing out the rules on campaign finance

We need campaign finance laws since it's really the only way people have any power, but? It appears those days could soon be ending as a majority of the Supreme Court seemed impatient with an increasingly complicated federal scheme intended to curb the role of corporations, unions and special interest groups in elections. The laws, former solicitor general Theodore B. Olson told the court, instead "smothered" First Amendment rights and "criminalized" free speech.

The question is whether the court is willing to strike two of its precedents and defy Congress on corporate restrictions that date to the beginning of the 20th century.

It appears the Obama administration is willing to try to lose the case in front of the Supreme Court if it means a stronger ruling won't take place. That's a waste of time, effort and tax payer dollars...

FTC trying to shut down fake warranty companies

The Federal Trade Commission is attempting to shut down three companies that the agency alleges have bombarded millions of consumers since 2007 with deceptive "robocalls" to sell them phony extensions to their original vehicle warranties.

The FTC filed two lawsuits in federal courts Thursday against Florida-based Voice Touch Inc., Illinois-based Network Foundations LLC and Florida-based Transcontinental Warranty Inc.

Consumers who answered the pre-recorded calls hear a message telling them that their original vehicle warranty is about to expire and that they should "extend coverage before it is too late."

The companies then try to sell a false service contract for between $2,000 and $3,000, which is portrayed as an extension of the vehicle's original warranty.

The agency said in its lawsuits that the companies "deceptive practices" violated the FTC Act and the agency's Telemarketing Sales Rule by calling consumers whose numbers were on the national Do Not Call Registry.

The FTC has asked for temporary restraining orders to halt the illegal robocalls and said it will seek financial compensation from the companies that can be used to pay back victims of the scam.

A Network Foundations Inc. spokesperson, who did not want to be named, said the FTC's lawsuit against his company "is a misunderstanding."

"We are a hosting company. We have nothing to do with call centers and we are going to court today to state our case," the person said.

Voice Touch Inc. and Transcontinental Warranty Inc. could not be reached for comment.

Beginning Sept. 1, marketers won't be allowed to make robocalls to consumers unless they opt to receive these calls, said Kaplan.

"Obviously if you are already on the Do Not Call registry, you should not be getting robocalls from commercial marketers," he said.

Ticketmaster subpoenaed over reselling

They call it "reselling" but the reality is it's closer to electronic scalping...

WASHINGTON (Reuters) -- Ticketmaster has been subpoenaed or received other requests for information from the U.S. Justice Department, the Federal Trade Commission and the New Jersey Attorney General's office, the company said in an email obtained by an industry blog.

The law enforcement agencies were interested in Ticketmaster's relationship with its reseller TicketsNow, in particular controversial sales of tickets to Bruce Springsteen shows in New Jersey on May 21 and 23, said the email displayed on TicketNews.com.

"We have received a number of subpoenas and demands for sworn information about TicketsNow and its broker clients," Ticketmaster said in the email.

Ticketmaster, which is seeking to merge with the world's largest concert promoting company Live Nation, was besieged by complaints earlier this year when fans of Bruce Springsteen who signed on to Ticketmaster to buy concert tickets were told that they had sold out within minutes. They were instead directed to the reseller TicketsNow which had considerably more expensive tickets.

Ticketmaster has said the problem was caused by a computer glitch.

Disgruntled employee disables leak detection

Interesting story that ended up not creating an oil leak scenario but it's possible it could have from reading the story:

A Los Angeles federal grand jury indicted a disgruntled tech employee Tuesday on allegations of temporarily disabling a computer system detecting pipeline leaks for three oil derricks off the Southern California coast.

Mario Azar, 28, faces a maximum 10-year term after being accused of purposely impairing a computer system that monitored for leaks on three Pacific Energy Resources platforms offshore of Huntington Beach.

"It was offline. The leak-detection system was rendered inoperable for a period of time," said Thom Mrozek, a spokesman for Los Angeles federal prosecutors.

Azar did not immediately respond to a message seeking comment.

It does point out that these systems are not quite as safe as you may think.

Looking for Tax Relief at Tax Time?

This is the time of year where our attention turns to taxes, with 1099's and W'2s being sent out and when you either decide to attempt to do your taxes on your own or go to a professional to have your taxes done. It's also the time of year where it's common to receive notifications from the IRS if you made a mistake or if there turned out to be unreported income that you did not file. If something like that happens, you don't want to take on the IRS by yourself, it's when you should turn to a Tax Attorney.

Why I recommend a Tax Lawyer is because this is their area of expertise. You wouldn't go to a general practitioner for a major surgery, so don't trust your financial situation to someone who does not have a proven track record of experience. Some companies like Certified Tax Inc., actually hire former IRS agents. There are a large number of ways you can be helped, from negotiating a realistic installment plan to even negotiating down the amount owed and the fines levied. It's why my consumer tip at tax time for those looking for Tax Relief is don't use a friend of a friend, use a professional...

Feds open criminal probe in tainted peanut case

What's more important to consumers is not that the feds are taking action but a complete list of the products recalled and the stores who bought the peanuts would be much more useful as far as preventing more people from injury.

I recommend visiting the FDA website, here because the list is huge...

What really makes me wonder though is the companies that have recalled "organic" items when it's clear these peanuts were not organically grown. You'd think some further action would end up being taken for misleading product listing.

This also points out to consumers that places like Trader Joe's (who have products on the recall list) use the same discount nuts as the discount stores...It should make you wonder the next time you pay three times the price...

Don't text and drive should be common sense...

Reading this part of an article made me laugh:

I would not like them here or there.
I would not like them anywhere
I do not like green eggs and ham.
I do not like them, Sam-I-am.

Do you like to text and drive?
Would you like to stay alive?
Driving while you write with thumb?
Holy crap! You’re really dumb!

People should have enough brains to realize that texting while driving is stupid, unfortunately, it appears many don't...

Experienced Illinois nursing home neglect?

If you have ever had to place a loved one in a nursing home, the last thing you ever want to have them experience is abuse or neglect. Unfortunately many times these elderly relatives are not in a position to tell you what has happened. In some parts of the country there are alternative resources you can turn to for help. As an example if you have experienced illinois nursing home neglect there are actually law firms that you can turn to for assistance.

While the assistance is available to other parts of Illinois, there are chicago nursing home abuse attorneys who are experienced in the laws and have helped many family members fight on behalf of their family. As a state Illinois is taking this seriously, currently their state legislators are considering a Nursing Home Liability Insurance Mandate that would address some of the issues families have endured.

You could be entitled to compensation if you have had a family member face neglect or abuse, at a minimum to make sure they have adequate funding to be able to move to a different home without it costing you or them any personal funds. In a situation like this it is always best to talk to a illinois nursing home negligence lawyer to make sure you are being fairly treated.

Birth injuries happen...

It's almost impossible to guarantee that every baby born will be healthy but there are also times when health issues such as cerebral palsy are believed to have happened due to a birth injury. One of the advantages of the internet is the ability to not only be able to research these issues but if necessary find a law firm that specializes in these cases. It can not undo the harm done, but it can help a family financially survive...

Wood thieves...

Rogue loggers have long preyed on private properties from coast to coast, taking advantage of the elderly, the absent and they traditionally had little to fear from law enforcement officials hesitant to pursue criminal charges, instead chalking up most complaints to property disputes.

But as timber values rise, so have the stakes for landowners and the attitude of law enforcement is adjusting accordingly.

"The authorities who have dealt with it as a property matter are starting to look at it as more of a criminal matter," said Joseph Phaneuf, executive director of the Northeastern Loggers' Association. "But it's not happening without a push from the individuals affected."

Pirates seeking gold still exist..

Not the image of the swashbuckling Johnny Depp type pirate but in South Africa as gold mines dig even deeper to find the precious metal and it appears according to this article they risk their lives:

The pirates mine the ore then extract gold using dangerous mercury, often while still underground or in illegal processing plants hidden in sprawling hostels.

While the number of illegal miners underground at any one time is hard to verify, anecdotal accounts put it as high as 1,000.

The municipality-owned G Hostel, a wasteland of bungalows and sewage on the outskirts of Welkom, is notorious. It is from there that it is believed miners are recruited for illegal operations.

A day after police raided the hostel, reporters were shown the remnants of the crude processes taking place there — blackened zinc sheets and tin containers in which mercury is burned.

A collection of plastic buckets stood out amid the filth, some with freshly washed silt coating the bottom — in them a glitter of gold dust.

God responds to lawsuit?

Now this was an interesting one, 'God' responds to legislator's lawsuit:

One of two court filings from "God" came Wednesday under otherworldly circumstances, according to John Friend, clerk of the Douglas County District Court in Omaha.

"This one miraculously appeared on the counter. It just all of a sudden was here -- poof!" Friend said.

His response argues that the defendant is immune from some earthly laws and the court lacks jurisdiction.

It adds that blaming God for human oppression and suffering misses an important point.

"I created man and woman with free will and next to the promise of immortal life, free will is my greatest gift to you," according to the response, as read by Friend.

There was no contact information on the filing, although St. Michael the Archangel is listed as a witness, Friend said.

God moves in mysterious ways...

:-)