Amendments to Iowa Code Chapter 20 that substantially reduced the collective bargaining rights of most state and local government employees did not violate union members’ equal protection or free association rights under the Iowa Constitution, the Iowa Supreme Court ruled May 19. Public employee unions had urged the Court to strike down as unconstitutional collective bargaining amendments passed in 2017 by the Iowa Legislature, which they saw as gutting their rights to collectively bargain on…
Amendments to Iowa Code Chapter 20 that substantially reduced the collective bargaining rights of most state and local government employees did not violate union members’ equal protection or free association rights under the Iowa Constitution, the Iowa Supreme Court ruled May 19. Public employee unions had urged the Court to strike down as unconstitutional collective bargaining amendments passed in 2017 by the Iowa Legislature, which they saw as gutting their rights to collectively bargain on…
At 1:30 the MSSC will hear the case of Ray Virgil, Barbara Lloyd, and Cassandra Johnson v. Mississippi Electric Power Association Virgil et al filed a lawsuit against Southwest Mississippi Electric Power Association in December 2017, seeking the return of excess profits pursuant to M.C.A. § 77-5-235. MEPA moved to arbitrate which the trial court granted. The plaintiffs appealed arguing that MEPA is the sole provider of electricity and the plaintiffs had no choice when…
On Tuesday a federal court jury rendered a total verdict of $3.3 million in EEOC v. Danny’s Downtown Cabaret. Here is the Complaint. The EEOC alleged Danny’s discriminated against five dancers on the basis of race. See the Complaint for details. The trial began on May 6, 2019 and ended on May 14. The jury rendered a plaintiff verdict for: $1.68 million- compensatory damages; $130,550- back pay; and $1.5 million- punitive damages. I believe a…
It’s not an easy gig to be a ref. And it gets harder every day. That is the thesis of “Ref, You Suck!” an episode in Michael Lewis’s new podcast series, Against the Rules. The episode explores a set of dilemmas, summarized in a perfect tagline courtesy of Lewis’s child: “Don’t pick sides, unless it’s my side.” We want an arena, a boardroom, a market, and a courtroom that is fair. That’s all well and…
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions Good evening. Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario, 2019 ONCA 393, the court upheld the constitutionality of two policies enacted by the College.  Each of policies required physicians who objected to providing certain medical procedures…
On Wednesday, the Sixth Circuit vacated the convictions of two defendants charged with possession with intent to distribute methamphetamine.  Although there was sufficient evidence to support their convictions, the Court held—on plain error review—that certain “remarks made by the prosecutor rose to the level of flagrant misconduct and deprived [defendants] of a fair trial.” Writing for the panel, Judge John K. Bush identified nine improper and prejudicial remarks made by the prosecutor.  Three of those…
Today, let’s begin our section by section tour through the American Law Institute’s new Insurance Restatement. Chapter 1, Section 1 of the Restatement includes definitions of common terms found in the law of liability insurance, including such commonplace concepts as a condition, the insuring clause, a mandatory (versus non-mandatory) rule, a policy limit and a standard-form term.  Although most of the definitions in the Restatement are non-controversial, a couple of points bear mentioning.  In Section…
The Court has decided only three workers compensation cases since 2013 – two in 2015 and one in 2018. Two of the Supreme Court’s three workers compensation cases were won by defendants at the Court of Appeal. The two defendants who had won their cases at the Court of Appeal evenly split at the Supreme Court – one win and one loss. The one plaintiff who had won below lost at the Supreme Court. Overall,…
Hand down list Sonya Chaffee on Behalf of Fredrick C. Latham, a Minor v. Jackson Public School District, Lonnie J. Edwards and Jackson Public School Board of Trustees – tort claims act –    Frederick Latham was  a student in Tracy Scott’s first grade class at Woodville Heights Elementary School.  Scott was getting the students ready or lunch when two of them got out of line and ran to the back of the classroom to…