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Appeals court removes key civil service protection
Headline Legal News | 2012/08/22 14:32
A federal appeals court ruling that has taken key civil service protection away from government employees involved in national security work will have far-reaching implications, advocates for federal workers say.

Tom Devine, legal director of the Government Accountability Project, a whistle-blower advocacy group, said Tuesday that the appeals court has given agencies "a blank check to cancel all government accountability in civil service law."

In a 2-1 decision Friday involving two Defense Department employees, the U.S. Court of Appeals for the Federal Circuit said the Merit Systems Protection Board is prohibited from reviewing dismissals and demotions of government employees who hold "noncritical sensitive" positions, regardless of whether those jobs require access to classified information.

The dissenting judge in the case said the decision "effectively nullifies" the 1978 civil service law. Advocates for federal workers point out that federal employees in "noncritical sensitive" jobs work at many federal agencies, making the impact of the ruling government-wide.


NC regulators hire law firm to probe Duke Energy
Legal Business | 2012/08/17 11:00
North Carolina utilities regulators said Wednesday they have hired a former federal prosecutor with experience digging into corporate affairs to reveal whether regulators were misled ahead of a takeover that created America's largest electric company.

The North Carolina Utilities Commission said it has hired Anton Valukas and the Jenner & Block law firm, which he heads in Chicago. The ex-prosecutor and his firm are tasked with investigating what happened before regulators approved Charlotte-based Duke Energy Corp. taking over Raleigh-based Progress Energy Inc.

State law allows the costs associated with the utilities commission's investigation to be charged to Duke Energy and its shareholders rather than allowing the company to pass them along to its 3.2 million North Carolina customers.

A Duke Energy spokesman said the company was cooperating with regulators in their investigation.

The company on Wednesday separately sought to begin passing along to Carolinas energy consumers the first $89 million of $650 million in merger-related savings promised over the next five years. If that is approved, the average residential customer in North Carolina and South Carolina could save between 80 cents and 92 cents a month beginning in September.



3M Co. sues former law firm for switching sides
Attorney News | 2012/08/15 11:00
The 3M Co. has filed a lawsuit against one of its former law firms, claiming its attorneys were motivated by "greed" when they switched sides in an environmental case against the conglomerate.

3M is suing Covington & Burling which is helping the state with a lawsuit against the company for environmental damage, allegedly caused by a chemical made by 3M and found in the Mississippi River and several lakes.

The Minnesota attorney general says the law firm agreed to help the state only after its work with 3M was finished. A statement from Covington says the firm had no "active matters" with 3M when it decided to help the attorney general in its case against the company.


Pa. high court fast tracks juvenile lifer appeals
Court News | 2012/08/10 12:31
Pennsylvania's highest court is moving quickly to determine how to respond to a recent U.S. Supreme Court ruling that mandatory life-without-parole sentences for juveniles aren't constitutional.

The Sentencing Project, an advocacy group based in Washington, has said Pennsylvania leads the nation in the number of juvenile lifers.

The state Supreme Court scheduled oral argument for Sept. 13 in a pair of cases that will determine what to do about the hundreds of people serving such sentences, as well as how to handle the issue going forward.

The 5-to-4 U.S. Supreme Court decision issued June 25 still makes it possible for juveniles to get life, but it can't be automatic.

The Pennsylvania Department of Corrections says 373 lifers were under age 18 at the time they were sentenced.



Court overturns $1M award against U of M, Smith
Headline Legal News | 2012/08/08 12:33
The Minnesota Supreme Court has overturned a $1 million award against the University of Minnesota and men's basketball coach Tubby Smith over the hiring of an assistant coach.

Jimmy Williams quit his job as an assistant coach at Oklahoma State in 2007 because he believed Smith had hiring authority when he offered him an assistant coaching job. Minnesota later withdrew the offer because Williams had NCAA rules violations during a previous stint as an assistant for the Golden Gophers more than 20 years ago.

Williams sued, and a Hennepin County jury and the state appeals court sided with him. But the Minnesota Supreme Court on Wednesday reversed those decisions, saying Williams was not entitled to protection against negligent misrepresentations from Smith about his hiring authority.



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