Starbucks appears likely to win Supreme Court dispute with federal labor agency

Legal Insight 2024/04/26 13:07   Bookmark and Share
The U.S. Supreme Court appeared to side with Starbucks Tuesday in a case that could make it harder for the federal government to seek injunctions when it suspects a company of interfering in unionization campaigns.

Justices noted during oral arguments that Congress requires the National Labor Relations Board to seek such injunctions in federal court and said that gives the courts the duty to consider several factors, including whether the board would ultimately be successful in its administrative case against a company.

“The district court is an independent check. So it seems like it should be just doing what district courts do, since it was given the authority to do it,” Justice Amy Coney Barrett said.

But the NLRB says that since 1947, the National Labor Relations Act — the law that governs the agency — has allowed courts to grant temporary injunctions if it finds a request “just and proper.” The agency says the law doesn’t require it to prove other factors and was intended to limit the role of the courts.

The case that made it to the high court began in February 2022, when Starbucks fired seven workers who were trying to unionize their Tennessee store. The NLRB obtained a court order forcing the company to rehire the workers while the case wound its way through the agency’s administrative proceedings. Such proceedings can take up to two years.

A district court judge agreed with the NLRB and issued a temporary injunction ordering Starbucks to rehire the workers in August 2022. After the 6th U.S. Circuit Court of Appeals upheld that ruling, Starbucks appealed to the Supreme Court.

Five of the seven workers are still employed at the Memphis store, while the other two remain involved with the organizing effort, according to Workers United, the union organizing Starbucks workers. The Memphis store voted to unionize in June 2022.

Starbucks asked the Supreme Court to intervene because it says federal appeals courts don’t agree on the standards the NLRB must meet when it requests a temporary injunction against a company.

In its review of what transpired at the Starbucks store in Memphis, the Sixth Circuit required the NLRB to establish two things: that it had reasonable cause to believe unfair labor practices occurred and that a restraining order would be a “just and proper” solution.

But other federal appeals courts have required the NLRB to meet a tougher, four-factor test used when other federal agencies seek restraining orders, including showing it was likely to prevail in the administrative case and that employees would suffer irreparable harm without an injunction.

Justice Ketanji Brown Jackson appeared to agree with the NLRB’s argument that Congress meant for the agency to operate under a different standard.

She noted the NLRB has already determined it is likely to prevail in a case by the time it seeks an injunction. And she noted that injunctions are very rare. In the NLRB’s 2023 fiscal year, it received 19,869 charges of unfair labor practices but authorized the filing of just 14 cases seeking temporary injunctions.
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Alabama woman who faked kidnapping pleads guilty to false reporting

Legal Insight 2024/03/22 11:45   Bookmark and Share
An Alabama woman who claimed she was abducted after stopping her car to check on a wandering toddler pleaded guilty on Thursday to charges of giving false information to law enforcement.

News outlets reported that Carlee Russell pleaded guilty to misdemeanor charges of false reporting to law enforcement and falsely reporting an incident. She was given a suspended six-month sentence which will allow her to avoid jail. She was ordered to pay more than $17,000 restitution.

Her two-day disappearance, and her story of being abducted alongside an interstate highway, captivated the nation before police called her story a hoax.

Russell, accompanied to court by her family and defense lawyers, apologized for her actions.

“I want to genuinely apologize for my actions. I made a grave mistake while trying to fight through various emotional issues and stress. I’m extremely remorseful for the panic, fear and various range of negative emotions that were experienced across the nation,” Russell said according to WBRC.

Russell disappeared July 13 after calling 911 to report a toddler beside a stretch of Interstate 459 in the Birmingham suburb of Hoover. She returned home two days later and told police she had been abducted and forced into a vehicle.

Police quickly cast doubt on Russell’s story. Her attorney issued a statement through police acknowledging there was no kidnapping and that she never saw a toddler. In the statement, Russell apologized to law enforcement and the volunteers who searched for her.

The Alabama attorney general’s office had argued that Russell should spend time in jail because of the time and energy that law enforcement spent in looking for her.

Jefferson County Circuit Judge David Carpenter told Russell that while her actions caused panic and disruption in the community that it would be a “waste of resources” to put her in jail for misdemeanors, news outlets reported.

Katherine Robertson, Chief Counsel in the Alabama attorney general’s office, said Thursday that they “are disappointed, but not surprised” that Russell did not get the requested jail time.
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A Supreme Court ruling in a social media case could set standards

Legal Insight 2024/03/19 10:31   Bookmark and Share
In a busy term that could set standards for free speech in the digital age, the Supreme Court on Monday is taking up a dispute between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social media posts on topics including COVID-19 and election security.

The justices are hearing arguments in a lawsuit filed by Louisiana, Missouri and other parties accusing officials in the Democratic administration of leaning on the social media platforms to unconstitutionally squelch conservative points of view. Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue.

The high court is in the midst of a term heavy with social media issues. On Friday, the court laid out standards for when public officials can block their social media followers. Less than a month ago, the court heard arguments over Republican-passed laws in Florida and Texas that prohibit large social media companies from taking down posts because of the views they express.

The cases over state laws and the one being argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints. The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on Facebook, X (formerly Twitter) and other media platforms.

“It’s a very, very threatening thing when the federal government uses the power and authority of the government to block people from exercising their freedom of speech,” Louisiana Attorney General Liz Murrill said in a video her office posted online.

The administration responds that none of the actions the states complain about come close to problematic coercion. The states “still have not identified any instance in which any government official sought to coerce a platform’s editorial decisions with a threat of adverse government action,” wrote Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer. Prelogar wrote that states also can’t “point to any evidence that the government ever imposed any sanction when the platforms declined to moderate content the government had flagged — as routinely occurred.”

The companies themselves are not involved in the case.

Free speech advocates say the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech.
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UN court rejects most of Ukraine’s terror financing case against Russia

Legal Insight 2024/02/02 10:54   Bookmark and Share
The United Nations’ top court on Wednesday rejected large parts of a case filed by Ukraine alleging that Russia bankrolled separatist rebels in the country’s east a decade ago and has discriminated against Crimea’s multiethnic community since its annexation of the peninsula.

The International Court of Justice ruled Moscow violated articles of two treaties — one on terrorism financing and another on eradicating racial discrimination — but it rejected far more of Kyiv’s claims under the treaties.

It rejected Ukraine’s request for Moscow to pay reparations for attacks in eastern Ukraine blamed on pro-Russia Ukrainian rebels, including the July 17, 2014, downing of Malaysia Airlines Flight 17 that killed all 298 passengers and crew.

Russia has denied any involvement in the downing of the jetliner. A Dutch domestic court convicted two Russians and a pro-Moscow Ukrainian in November 2022 for their roles in the attack and sentenced them in their absence to life imprisonment. The Netherlands and Ukraine also have sued Russia at the European Court of Human Rights over MH17.

In another rebuke for Moscow, the world court ruled that Russia had violated one of the court’s orders by launching its full-scale invasion in Ukraine nearly two years ago.

The leader of Ukraine’s legal team, Anton Korynevych, called the ruling “a really important day because this is a judgment which says that the Russian Federation violated international law, in particular both conventions under which we made our application.”

The legally binding final ruling was the first of two expected decisions from the International Court of Justice linked to the decade-long conflict between Russia and Ukraine that exploded into all-out war almost two years ago.

At hearings last year, a lawyer for Ukraine, David Zionts, said the pro-Russia forces in eastern Ukraine “attacked civilians as part of a campaign of intimidation and terror. Russian money and weapons fueled this campaign.”
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Court in Thailand acquits protesters who occupied Bangkok airports in 2008

Legal Insight 2024/01/17 16:07   Bookmark and Share
A court in Thailand on Wednesday acquitted more than two dozen protesters who had occupied Bangkok’s two airports in 2008 of charges of rebellion and terrorism related to their demonstration, which at the time disrupted travel in and out of the country for more than a week.

The Bangkok Criminal Court declared that the members of the People’ Alliance for Democracy had neither caused destruction at the airports nor hurt anyone. However, 13 of the 28 defendants were slapped with a 20,000 baht ($560) fine each for violating an emergency decree that had banned public gatherings.

The protesters — popularly known as Yellow Shirts for the color that shows loyalty to the Thai monarchy — had occupied the airports for about 10 days, demanding the resignation of the government, which was loyal to former Prime Minister Thaksin Shinawatra. They had earlier also occupied Thaksin’s office compound for three months and blocked access to Parliament.

Thaksin was ousted by a 2006 military coup that followed large Yellow Shirt protests accusing him of corruption and disrespect to the monarchy. In 2008, Yellow Shirts stormed Don Mueang and Suvarnabhumi airports, shutting down operations and defying an injunction calling for them to leave. The siege ended only after a court ruling forced pro-Thaksin Prime Minister Somchai Wongsawat out of office.

Several dozen protesters involved in the demonstrations were divided into two groups of defendants and indicted in 2013. The verdict for the second group is to be delivered in March.

In 2011, the Civil Court ordered the leaders of the group to pay 522 million baht ($14.7 million) in damages to the state airport authority. They were declared bankrupt and had their assets seized last year to pay the sum.

Thaksin came back to Thailand last year to serve an eight-year prison term on several criminal convictions and was right away moved from prison to a state hospital because of reported ill-health. He has remained at the hospital since but his sentence was later reduced to one year, allowing for the possibility he could soon be released on parole.

His return to Thailand came as the Pheu Thai party — the latest incarnation of the party Thaksin led to power in 2001 — won a parliamentary vote to form a new government despite finishing second in elections.
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Late Justice Sandra Day O’Connor honored at Supreme Court ceremony

Legal Insight 2023/12/18 12:59   Bookmark and Share
Justice Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, was remembered Monday as a trailblazer who never lost sight of how the high court’s decisions affected all Americans.

O’Connor, an Arizona native who was an unwavering voice of moderate conservatism for more than two decades, died Dec. 1 at age 93. Mourners at the court on Monday included Vice President Kamala Harris, the first woman to serve in her role, and her husband Doug Emhoff.

Supreme Court Justice Sonia Sotomayor spoke at a private ceremony that included the nine justices and retired Justice Anthony Kennedy, as well as O’Connor’s family and court colleagues.

She would often say, ‘It was good to be the first, but I don’t want to be the last,’” Sotomayor said of O’Connor’s distinction as the first woman. She lived to see a record four women serving on the high court.

“For the four us, and for so many others of every background and aspiration, Sandra was a living example that women could take on any challenge, could more than hold their own in any spaces dominated by men and could do so with grace,” Sotomayor said.

O’Connor’s body lay in repose after her casket was carried up the court steps with her seven grandchildren serving as honorary pallbearers. It passed under the iconic words engraved on the pediment, “Equal Justice Under Law,” before being placed in the court’s Great Hall for the public to pay their respects.

Funeral services are set for Tuesday at Washington National Cathedral, where President Joe Biden and Chief Justice John Roberts are scheduled to speak.

O’Connor was nominated in 1981 by President Ronald Reagan and confirmed by the Senate, ending 191 years of male exclusivity on the high court. A rancher’s daughter who was largely unknown on the national scene until her appointment, she received more letters than any other member in the court’s history in her first year and would come to be referred to by commentators as the nation’s most powerful woman.

O’Connor had “an extraordinary understanding of the American people,” and never lost sight of how high court rulings affected ordinary Americans, Sotomayor said.

She was also instrumental in bringing the justices together with regular lunches, barbecues and trips to the theater. “She understood that personal relationships are critical to working together,” the justice said.
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