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EEOC sues, argues man on treatment should be hired
Court Watch | 2011/08/18 09:18
The U.S. Equal Employment Opportunity Commission has sued a national insurance company, contending the firm violated federal law by refusing to hire a North Carolina man after he disclosed he was participating in a methadone treatment program for a drug addiction.

The suit was filed Tuesday in U.S. District Court in Raleigh against United Insurance Co. of America, said EEOC attorney Lynette Barnes.

The complaint argues the firm violated federal disability discrimination law by refusing to hire Craig Burns, 30, who applied for a job in the firm's Raleigh office in December of 2009. The firm made a conditional offer of employment to Burns the following month, depending upon his passing a drug test, the complaint said.

The test showed the presence of methadone in his system, so Burns submitted a letter to the firm from his treatment provider saying he was participating in a supervised methadone treatment program and taking legally prescribed medication as part of the treatment, the complaint said.

Upon receiving this information, United Insurance notified Barnes he was not eligible to be hired and withdrew the employment offer, the complaint said.


Dougherty siblings to appear in Colorado court
Court Watch | 2011/08/12 10:24
A woman caught with her two brothers after a nationwide manhunt told Colorado authorities she "deserved to get shot" after pointing a gun at a police chief at the end of the siblings' run from the law, according to a court document.

Lee Grace Dougherty, 29, Dylan Dougherty Stanley, 26, and Ryan Edward Dougherty, 21, are being held in Pueblo County, Colo., on bonds of $1.25 million each. The three made their first court appearance Thursday by video from jail, and none made any statement during the brief hearing.

They face charges of attempted murder of a peace officer and assault on a peace officer. The charges stem from allegations that they shot rounds from an AK-47 at four patrol cars during a chase Wednesday on Interstate 25 in Colorado. The chase ended when troopers deployed spike strips to puncture the tires of the trio's Subaru, and the vehicle rolled and crashed into a guardrail.


Wash. man pleads guilty to defrauding ID investors
Court Watch | 2011/08/10 08:54
A Washington man has pleaded guilty in federal court in Idaho to cheating investors out of more than $2 million and using the cash for his own benefit.

Federal prosecutors say 59-year-old Dale Edward Lowell, of Colbert, Wash., pleaded guilty to one count of wire fraud Tuesday.

Investigators say Lowell, while living in northern Idaho in 2005, started raised money from investors by telling him he was a savvy options trader. He also told investors he had taken steps to cover losses.

Altogether, prosecutors say Lowell duped 22 investor groups and raised about $2.2 million that he ultimately lost in the market, used for personal expenses or to pay off investors to keep the scheme going.


No class-action for suits over Calif. fish kill
Court Watch | 2011/08/08 09:15
An appeals court has rejected class-action status for a lawsuit prompted by efforts to kill off an invasive fish in Northern California.

The Sacramento Bee says the 3rd District Court of Appeal ruled last week that people suing the state had too little in common to comprise a single class and must sue individually.

In 2007, the state Fish and Game Department dumped thousands of gallons of poison into Lake Davis in Plumas County to kill the voracious northern pike. The lake was closed for several months.

The city of Portola and a number of businesses and property owners sued in 2009, arguing that the action caused a decline in tourism that hurt their income, property values and tax receipts.


Court rules firing of NJ casino dealer unlawful
Court Watch | 2011/08/08 09:15
A federal appeals court has sided with an Atlantic City casino dealer who says he was targeted because he was involved in union organizing.

Bally's Park Place fired Jose Justiniano in 2007. The casino claimed he misused family medical leave time by attending a pro-union rally on a day he took time off to care for his daughter.

Justiniano had been active in casino unionizing efforts.

A judge upheld the firing, but the National Labor Relations Board disagreed and said it was unlawful.

Friday's ruling by the U.S. Court of Appeals in Washington, D.C., agreed with the NLRB. It noted that Justiniano attended the rally for 20 minutes. It also said Bally's policy on family leave didn't justify the firing.

A message was left seeking comment from an attorney representing Bally's.


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