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7 now guilty in Pendleton contractor bribery case
Topics in Legal News | 2014/02/03 16:17
Two civilian defense contractors have pleaded guilty in a San Diego federal court, bringing to nine the number of defendants who have admitted guilt in recent days to their involvement in a scheme involving bribes and kickbacks at Camp Pendleton and other federal facilities.

Federal prosecutors say Paul Dana Kay of PK Excavation and Manuel Ramirez of MRN Construction, Inc., entered the pleas to violations of the Anti-Kickback Act on Friday.

Six former contractors and a former Defense Department employee have pleaded guilty in the past two weeks to involvement in the scheme.

They include Natividad Lara Cervantes, who referred to himself as "The Godfather of Camp Pendleton," and admitted accepting bribes.

Sentencing is scheduled for April. The defendants face maximums ranging from three years to 20 years in prison.


Supreme Court orders stay of execution
Court Watch | 2014/01/30 15:43
The U.S. Supreme Court granted a temporary stay of execution for Missouri death row inmate Herbert Smulls on Tuesday night.

Justice Samuel Alito signed the order that was sent out after President Barack Obama's State of the Union speech, about two-and-a-half hours before Smulls was scheduled to die at 12:01 a.m. Wednesday.

Smulls' lawyer, Cheryl Pilate, had made last-minute pleas Tuesday to spare his life, focusing on the state's refusal to disclose from which compounding pharmacy they obtain the lethal-injection drug, pentobarbital. Missouri has argued the compounding pharmacy is part of the execution team _ and therefore its name cannot be released to the public.

Smulls, 56, was convicted and sentenced to death for killing a St. Louis County jeweler and badly injuring his wife during a 1991 robbery.

Pilate says the stay is temporary while the high court reviews the case, but she is hopeful the stay will become permanent.


Viacom, Fox want to run anti-smoking ads too
Press Release | 2014/01/30 15:38
More TV networks want to gain from tobacco companies' mandate to run anti-smoking ads that will cost tens of millions of dollars.

Fox Broadcasting and the company behind MTV, Comedy Central and BET argue that a court-ordered plan to air anti-tobacco ads on ABC, CBS and NBC won't do a good job reaching young adult and black viewers. Those populations were aggressively targeted by the tobacco industry and are areas of concern for the public health community.

Fox, which is owned by Rupert Murdoch's Twenty-First Century Fox Inc., and Viacom Inc. are asking the U.S. District Court in Washington, D.C., to include its channels in the anti-smoking ad purchase.

The required ads stem from a 2006 ruling that the nation's largest cigarette makers concealed the dangers of smoking for decades. A judge ordered the tobacco companies to pay for corrective statements related to issues such as the adverse health effects of smoking, the addictiveness of smoking and nicotine and the negative health effects of secondhand smoke. The companies involved in the case include Richmond, Va.-based Altria Group Inc., owner of the biggest U.S. tobacco company, Philip Morris USA; No. 2 cigarette maker, R.J. Reynolds Tobacco Co., owned by Winston-Salem, N.C.-based Reynolds American Inc.; and No. 3 cigarette maker Lorillard Inc., based in Greensboro, N.C.

Along with the TV ads, the tobacco companies are also meant to publish statements in newspapers, websites and on cigarette packs.

The tobacco companies and the federal government last month agreed on how to publish the statements. The court must still approve the deal.


High court rules against steelworkers' claim
Topics in Legal News | 2014/01/27 14:38
The Supreme Court says steelworkers do not have to be paid for time they spend putting on and taking off protective gear they wear on the job.

The court was unanimous Monday in ruling in favor of United States Steel Corp. over workers' claims that they should be paid under the terms of federal labor law for the time it takes them to put on flame-retardant jackets and pants, safety glasses, earplugs, hardhats and other equipment.

Justice Antonin Scalia said for the court that the labor agreement between the company and the workers' union says the employees don't get paid for time spent changing clothes. Scalia said most of the items count as clothing. He said earplugs, glasses and respirators are not clothing, but take little time to put on.


Lawmakers push back against Washington high court
Headline Legal News | 2014/01/27 14:37
Washington state's highest court has exercised an unusual amount of power on education funding, and it's prompted some lawmakers to raise constitutional concerns.

Before last year's legislative session, the court ruled that the state wasn't meeting its obligation to amply pay for basic education. In response, the Legislature added about $1 billion in school-related spending, and lawmakers widely agree they'll add more funding in coming years.

Earlier this month, the court went a step further, analyzing specific funding targets while telling lawmakers to come back with a new plan by the end of April.

Those specific demands have irked budget writers in the Legislature.

"They are way out of their lane," said Republican Sen. Michael Baumgartner.

Baumgartner expects lawmakers will continue adding "substantially new resources" to the state education system, but he said the court's position could erode the proper balance of power in Olympia. Baumgartner hopes lawmakers will ignore the court's latest demands, or he fears justices may exercise more power going forward.


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