Category: Courts

Do You Want Alli® With That: Judge Orders McDonalds to Pay For Employee Weight Gain

In what must be a first, Brazilian Judge Joao Ghisleni Filho ruled that a former franchise manager must be paid $17,500.00 because he gained 65 pounds while working for McDonalds Restaurant for over 12 years. The unnamed employee claimed he had to sample food each day to meet quality standards and to appease “mystery clients” that McDonalds hired to secretly inspect the restaurant. The unidentified man’s biggest gripe — McDonalds had the audacity to offer free lunches to employees.

U.S. consumers spend about $150 billion dollars on fast food that is marketed to children and to lower income adults. McDonalds claims it presents healthy choices along with its high fat-high sodium offerings. In 2003, a New York family sued the hamburger giant alleging that, by manipulating the taste of food, fat and sugar content, and its aggressive marketing to children mislead consumers about the nutritional value of its food and led directly to their daughter’s obesity.  A federal judge threw the suit out of court, but the Industry responded with a so-called “Cheeseburger Bill” to ban such suits in the future. The Bill passed the House in 2005 but stalled in the Senate.

Over one half of all American adults are considered obese, and hundreds of thousands of deaths are attributed to obesity. Will “Big Fat” become the next “Big” like “Big Tobacco” and “Big Oil.” If we’re looking in Brazil, the answer might be just wait and see.

–Mark Esposito, Guest Blogger

Source: Yahoo News

Obama Administration Secures Stay to Continue to Bar Gays and Lesbians From Military Service

The Obama Administration has succeeded in securing a stay of a federal court’s injunction on the don’t ask, don’t tell policy. The Ninth Circuit agreed to the demand of the Administration that it should be able to continue to bar openly gay military personnel and continue to discharge those who reveal that they are gay. The policy is now again active pending review of the lower court decision.

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Obama Administration Loses Effort To Block Injunction of Don’t Ask Don’t Tell — Announces Appeal To Reverse Victory Over DADT

Just days after the Obama Adminstration announced that it would appeal a historic victory in favor of same-sex marriage in Massachusetts, the Administration is now appealing an equally historic victory over the Don’t Ask, Don’t Tell policy. U.S. District Judge Virginia Phillips refused demands by the Obama Administration that she rescind the national injunction against the policy. Now it has announced that, while it has had to suspend further discharges of gay personnel, it will appeal the decision to be able to resume such discharges.

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English Prosecutors Raise Sharia Law in Murder Trial of Saudi Prince

The trial of Saudi prince Saud Abdulaziz bin Nasser al Saud for the murder of a servant in London took an interesting turn when the prosecution noted to the jury that, putting aside the murder allegation, Saud, 34, would have faced execution in the Kingdom for being gay. Saud allegedly murdered Bandar Abdulaziz, 32, (left) after repeated sexual assaults.
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Getting Your Dandar Up: Judges in Florida Squabble With Each Other Over Jurisdiction in Scientology Case

A lawsuit against the Church of Scientology has now pulled in two unlikely litigants: a state and a federal judge. Pinellas Florida Judge Robert E. Beach has filed a motion in federal court contesting an order from U.S. District Judge Steven D. Merryday enjoining him from imposing planned sanctions on lawyer Ken Dandar, who is suing the Church. The motion raises some interesting questions of jurisdiction and ethics.

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Federal Judge Imposes Nationwide Injunction of Don’t Ask Don’t Tell

While the Obama Administration has announced an appeal in Massachusetts to reverse the victory with regard to same sex marriage, U.S. District Judge Virginia Phillips in Riverside, California has upped the ante by imposing a nationwide injunction on the policy of Don’t Ask Don’t Tell– a move also opposed by the Obama Administration. The Administration is now likely to move to reverse this victory in California — further angering those “lethargic” liberals that the Administration has been pushing to work for the Democrats.

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Obama Administration Announces Appeal To Reverse Same Sex Marriage Victory

The Obama administration will appeal the Massachusetts ruling in favor of same sex marriage. The Justice Department will defend the 1996 Defense of Marriage Act, or DOMA. This action will further alienate civil libertarians and liberals — particularly at a time when the Administration is trying to preserve the Don’t Ask Don’t Tell policy in a California case. Now on both coasts, the Obama Administration is fighting to continue discrimination against gays and lesbians.

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Pittsburgh Judge Rejects Plea Agreement As Something That Prosecutor Only Gives “To White Boys”

In Pittsburgh, Allegheny County Judge Joseph Williams has caused a controversy by rejecting a plea bargain on the ground that it is the type of deal that “only goes to white boys.” The plea agreement involved three months probation for a man accused of fighting with police during a traffic stop.
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Mississippi Lawyer Jailed By Court For Not Reciting Pledge of Allegiance

Mississippi Chancery Judge Talmadge Littlejohn means it when he asks everyone to stand and say the pledge of allegiance. When attorney Danny Lampley of Oxford stood but did not recite, Littlejohn threw him in jail.

Littlejohn was just honored by the Mississippi bar for 50 years in public service.
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Representation in “Sister Wives” Case

As has been the practice on this blog, I wanted to disclose my representation of the Brown family, who are the subjects of the new series “Sister Wives” on TLC. As in the past, any comments on the case by me will be limited. However, various people have suggested the reported criminal investigation as a subject for this blog and I wanted to explain why I have not posted anything on the controversy.
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Judge Orders Lesbian Nurse Reinstated While Obama Administration Fights To Limit Earlier Ruling Finding DADT Unconstitutional

Civil libertarians enjoyed a major victory yesterday against Don’t Ask, Don’t Tell (DADT) with the ruling in the case of Maj. Margaret Witt — ordering her reinstatement despite the fact that she is a lesbian. This important victory, however, was tempered by the news that the Obama Administration is seeking to limit the earlier blockbuster ruling that found DADT unconstitutional. The Administration had the option of not seeking such a change (an option taken by Governor Schwarzenegger and Attorney General Brown in the Proposition 8 case) but decided to try to gut the national impact of the court’s order.
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Poll: Americans More Supportive of Torture — Though Still a Minority

For civil libertarians, the decision by President Obama to bar the prosecution of Bush officials for the torture program was always a flagrant choice of politics over principle. Now a poll ratifies that decision. A poll commissioned by the Chicago Council on Global Affairs found that Americans are accepting torture in greater numbers. The study also shows a decrease in support for Israel in any military conflict and two-thirds saying that they would like the U.S. to be neutral in the Israeli-Palestinian conflict.
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