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Appeals court sides with Starbucks over tips
Court Watch | 2013/11/25 14:58
A federal appeals court in New York has agreed that Starbucks baristas must share their tips with shift supervisors.

The 2nd U.S. Circuit Court of Appeals issued its finding Thursday.

The decision stemmed from a lower-court ruling that found that the baristas who serve customers must share tips with shift supervisors. The courts say shift supervisors do much of the same work as the coffee servers.

A Starbucks spokeswoman says the company is pleased with the ruling. She says shift supervisors spend more than 90 percent of their time serving customers.

An attoney for the baristas says the ruling lets subsidize the pay of its supervisors with money that should be going to their lowest-wage workers.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



International court summit debates Africa issues
Court News | 2013/11/22 09:56
The International Criminal Court's vexed relationship with Africa took center stage Wednesday on the opening day of the annual summit of its 122 member states.

The prosecutions of Kenya's president and his deputy have plunged relations between the world's first permanent war crimes court and the African Union to the deepest point in the court's 12-year history.

Kenyan Deputy President William Ruto is on trial for allegedly fomenting violence in the aftermath of his country's 2007 elections, and President Uhuru Kenyatta is due to go on trial in February on similar charges. Both men insist they are innocent.

"The court is facing a test of its veracity and its effectiveness," Kenya's Foreign Affairs Minister Amina Mohamed told delegates. "This meeting must come up with practical solutions to the challenges facing the court and the entire Rome Statute system."

The Rome Statute is the court's founding document, and one of its provisions is that heads of state do not enjoy immunity from prosecution.

But the African Union argues that Ruto and Kenyatta's trials should be delayed because Kenya needs its leaders to help fight al-Shabab terrorists in neighboring Somalia and at home.


Republicans block nominee to key appeals court
Headline Legal News | 2013/11/22 09:56
Senate Republicans on Monday blocked President Barack Obama's nomination of Robert L. Wilkins to a key appellate court, continuing a nomination fight that has stoked partisan tensions in the Senate.

Wilkins, a District Court judge in Washington who in 2010 was confirmed by the Senate on a voice vote, was nominated to fill one of three vacancies on the U.S. Court of Appeals for the District of Columbia Circuit. He is the third straight nominee to the powerful court that Republicans have stopped from being seated.

The Senate voted 53-38 in favor of ending Republican-led delays, falling short of the 60 votes required to advance Wilkins' nomination. Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine voted with Democrats to end debate.

The Court of Appeals for the District of Columbia is often referred to as the second most powerful court in the country, after the Supreme Court. Informally known as the D.C. circuit, the court's influence stems from its caseload — it rules on administration orders and regulations — and because some of its judges become Supreme Court justices. The D.C. circuit currently has eight active judges evenly divided between Democratic and Republican nominees.


Man pleads guilty in hole-in-one prize case
Topics in Legal News | 2013/11/18 16:29
Man pleads guilty in hole-in-one prize case

A businessman charged with failing to pay golfers for hole-in-one prizes insured by his company has pleaded guilty to a misdemeanor charge and agreed to pay a Montana man $10,000 of a promised $18,000 prize.

Kevin W. Kolenda of Norwalk, Conn., didn't attend Thursday's hearing before Justice of the Peace Karen Orzech in Missoula. His attorney, Brian Tipp, entered a guilty plea on Kolenda's behalf to acting as an insurer without a license. In exchange, prosecutors dismissed a felony insurance fraud charge. Kolenda was given a six-month suspended jail sentence.

Kolenda is the former president and CEO of hole-in-won.com, a company that collects premiums and agrees to pay cash prizes to winners of hole-in-one contests. He has been charged with failing to pay prizes in several states. Last month, he pleaded guilty in Seattle to two felony counts of selling insurance without a license and one count of first-degree theft. He has not been sentenced.

Complaints of Kolenda's company failing to pay prizes have been filed in several other states, and he has been sanctioned by regulators in Alabama, Connecticut, Massachusetts, Nevada, North Carolina and Washington. Connecticut officials fined Kolenda $5.9 million in 2009 for illegally offering insurance without a license.

Kolenda was charged in Montana after Troy Peissig was denied an $18,000 prize after hitting a hole-in-one during a 2010 golf tournament in Missoula.


Spain court rejects handing pedophile to Morocco
Press Release | 2013/11/18 16:28
Spain's National Court has ruled against extraditing back to Morocco a convicted Spanish pedophile whose release triggered protests in the North African country.

A court statement Monday said Daniel Galvan Vina would not be handed back because under a bilateral agreement Spain and Morocco do not extradite their citizens to each other. The court said, however, it would begin a process to ensure that Galvan serves out his sentence in a Spanish jail, something the convict had originally asked for.

Galvan was convicted of raping 11 children in Morocco and sentenced to 30 years prison in 2011. He was mistakenly pardoned by Morocco's King Mohammed VI in July but was arrested in Spain days later after the king rescinded his pardon following the protests.


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