Judges volunteer to hear cases in jurisdictions burdened by heavy caseloads

 Royce Lamberth, Senior Judge of the United States District Court for the District of Columbia, participates in the Judiciary’s intercircuit assignments program and helps the Ninth Circuit Court of Appeals with a busy docket. Photo credit: Wikipedia.

Royce Lamberth, Senior Judge of the United States District Court for the District of Columbia, participates in the Judiciary’s intercircuit assignments program and helps the Ninth Circuit Court of Appeals with a busy docket. Photo credit: Wikipedia.

Judicial vacancies and other factors have prompted a rise in the number of intercircuit judicial assignments, when judges volunteer in other jurisdictions to ease crushing caseloads.

“The demand for intercircuit assignments increased by 27 percent in 2017 from the previous year, as many courts juggling heavy caseloads looked for relief,” reports the Administrative Office of the U.S. Courts. “The increase was caused primarily by a large number of judicial vacancies. Other factors contributed, such as natural disasters and extended illnesses that temporarily impacted the availability of judges.”

For example, Senior Judge Royce C. Lamberth participates in the Judiciary’s intercircuit assignments program and helps the Ninth Circuit Court of Appeals with a busy docket.

“Intercircuit assignment requests typically are made by the chief judge of a court experiencing high caseloads. They must be approved by the circuit chief, and as required by statute, authorized by the Chief Justice,” the article explains.

U.S. Dept. of Justice Monitor Criticizes Juvenile Courts in Tennessee

Screen Shot 2018-12-12 at 10.58.35 AMAccording to a recent AP article published in U.S. News & World Report, “Despite the end to federal oversight of a Tennessee county’s juvenile justice system, a U.S. Department of Justice monitor says ‘blatantly unfair” practices persist.'”

Monitor Sandra Simkins outlined in her report two main areas where the county still doesn’t comply with the agreement reached in 2012: 1) the court exerts “inappropriate influence” over defense appointments; and 2) that children are transferred to adult criminal court without due process.

California official sues maker of Humira, alleging kickbacks

Photo credit: www.abbvie.com

Photo credit: www.abbvie.com

The state of California is suing AbbVie Inc. over its flagship drug, Humira, alleging the pharmaceutical company gave kickbacks to healthcare providers.

Reuters reported in mid-September on the complaint, brought by Insurance Commissioner Dave Jones.

“The regulator alleged that AbbVie engaged in a far-reaching scheme including cash, meals, drinks, gifts, trips, and patient referrals, as well as free and valuable professional goods and services to physicians to induce and reward Humira prescriptions,” Reuters reported.

“The case, filed in Alameda County Superior Court, alleged that private insurers have paid out $1.2 billion in Humira-related pharmacy claims.”

AbbVie defended its actions, saying it complies with state and federal law and that “it provides a number of support services for patients, once they are prescribed Humira, that both educate and assist patients with their therapy, including nursing support.”

Girl Scouts sue Boy Scouts for trademark infringement

Photo credit: From North Charleston, SC, United States [CC BY-SA 2.0], via Wikimedia Commons

Photo credit: From North Charleston, SC, United States [CC BY-SA 2.0], via Wikimedia Commons

The Scouts are on the outs.

National Public Radio reports that the Girl Scouts of the USA filed a federal lawsuit “accusing the Boy Scouts of trademark infringement.”

The dispute started last October, “when the Boy Scouts said it would start allowing girls to join its programs,” NPR reports.

The Boy Scouts of America explained its policy in a summary sheet.

“Cub Scouting is organized in packs and dens. In 2018, an existing pack may choose to establish a new girl pack, establish a pack that consists of girl dens and boy dens or remain an all-boy pack. Cub Scout dens will be single-gender — all boys or all girls. Cub Scout packs, meanwhile, can include any combination of all-boy or all-girl dens,” the Boy Scouts explained.

NPR noted that Girl Scouts National President Kathy Hopinkah Hannan accused the Boy Scouts’ national president at the time, Randall Stephenson, “of carrying out a ‘covert campaign’ to recruit girls.”

“We are confused as to why, rather than working to appeal to the 90 percent of boys who are not involved in BSA programs, you would choose to target girls,” Hannan wrote.

Due to customer agreements, scooter companies could steer around lawsuits

Photo Credit: Eduardo Contreras / The San Diego Union-Tribune as reported in The San Diego Union-Tribune on 11/5/18.

Photo Credit: Eduardo Contreras / The San Diego Union-Tribune as reported in The San Diego Union-Tribune on 11/5/18.

Scooter makers face legal action filed on behalf of injured riders, but contracts with customers could shield the companies, according to reporting out of California.

Attorney Catherine Lerer with McGee, Lerer & Associates filed a class action lawsuit against scooter companies Lime and Bird last month “alleging, among other things, ‘products liability and gross negligence, as well as aiding and abetting assault,” The San Diego Union-Tribune reported on Nov. 5.

“The lawsuit, filed in Los Angeles Superior Court, seeks damages on behalf of nine plaintiffs, including pedestrians hit by scooter riders,” the article noted.

Legal action could face difficult odds, the Union-Tribune reported. “So far scooter companies such as Lime and Bird — now valued in the billions — have avoided having to take legal responsibility for such accidents,” the article noted. “That’s largely because scooter companies require riders to agree to a lengthy legal contract through their smart-phone apps before renting a device.”

California shields public sector unions from Supreme Court ruling

California has found itself in a legal standoff against the federal government and Trump administration over a variety of issues, but one could affect union workers who want to decline union membership.

“California Gov. Jerry Brown has signed a law that aims to give public employee unions legal cover from potentially expensive lawsuits demanding that they repay certain fees to workers that the Supreme Court in June determined were unconstitutional,” reports The Fresno Bee.

“The law, which takes effect immediately, says unions and public agencies cannot be held liable for fees that unions collected before the Supreme Court ruling in Janus vs. AFSCME on June 27 of this year.”

The Supreme Court’s 5-4 decision ended a 41-year precedent that allowed public sector unions to collect “fair share” fees from workers who declined to join a labor organization but were still represented, according to the newspaper.

Commerce secretary ordered to testify about Census citizenship question

Photo credit: Mandel Ngan/AFP/Getty Images as reported by NPR on 9/21/18.

Photo credit: Mandel Ngan/AFP/Getty Images as reported by NPR on 9/21/18.

A Trump administration official will testify out of court about a controversial Census citizenship question, due to a judge’s order.

“A federal judge has ordered the Trump administration to make its main official behind the 2020 census citizenship question — Commerce Secretary Wilbur Ross — available to testify out of court for the lawsuits over the hotly contested question,” National Public Radio reports.

Ross will sit for a deposition, per the order of U.S. District Judge Jesse Furman in Manhattan federal court.

“Furman has limited questioning of Ross by the plaintiffs’ attorneys to four hours, noting that the commerce secretary has already testified in Congress and the administration has released a record of internal documents about his decision to add the citizenship question,” according to NPR.

Homelessness lawsuit challenges California’s authority to impound vehicles

Sean Kayode is shown outside the Next Door homeless shelter in San Francisco on July 26, 2018. Photo Credit: David Gorn/CALmatters as reported on 9/13/18.

Sean Kayode is shown outside the Next Door homeless shelter in San Francisco on July 26, 2018. Photo Credit: David Gorn/CALmatters as reported on 9/13/18.

A lawsuit would halt California from impounding vehicles and leaving residents homeless.

“Sean Kayode said he watched his whole world roll away from him at 3 in the morning,” reports KPBS TV. “Kayode had been living in his car in San Francisco about two years. During the early morning March 5, traffic police towed and impounded his black 2005 Mercedes Benz — for having too many overdue parking tickets.”

Jude Pond of the Lawyers’ Committee for Civil Rights in San Francisco helped file a lawsuit on Kayode’s behalf “to challenge the California law that allows cities to tow a car away if that car has five or more overdue parking tickets,” the news station reports.

Kayode now lives at Next Door homeless shelter. He said his car wasn’t just a place to sleep, “it was how he earned a living, he said, delivering food through Uber Eats.”

Companies react to Calif. law requiring female board members

Companies will begin complying with a California law requiring female board members while waging a flurry of expected lawsuits, The Union-Bulletin in Walla Walla, Wash., reports.

“California’s new law requiring companies to include women on their boards of directors may not survive widely expected legal challenges but it has already spotlighted the entrenched practices and barriers that have helped keep women out of boardrooms,” the article notes.

By the end of next year, the law requires at least one female director on the board of public corporations headquartered in California.

“Companies with more than six board members would need three female directors by the end of 2021. Those with fewer than six members would need two women. …” the article explains.

“The law imposes a $100,000 fine for a first violation and a $300,000 penalty for subsequent violations, not huge sums for major corporations. Nevertheless, companies will likely begin efforts to comply with the law even as they keep track of — or participate in — legal efforts to block it, said Wendy Patrick, a professor of business ethics at San Diego State University,” the Union-Bulletin reports.

U.S. Appeals Court sides with Uber, denies class action suits

Image: uber.com

Image: uber.com

Drivers who complained that “Uber misclassified them as independent contractors to avoid having to reimburse them for gasoline, vehicle maintenance, and other expenses,” were dealt a legal setback last month, according to a Reuters report in The New York Times.

“Uber Technologies Inc won a legal victory on Tuesday as a federal appeals court said drivers seeking to be classified as employees rather than independent contractors must arbitrate their claims individually, and not pursue class-action lawsuits,” the news report notes.

In a 3-0 decision on September 25, the 9th U.S. Circuit Court of Appeals in San Francisco reversed a lower court judge’s denial of Uber’s motion to compel arbitration in three lawsuits.

It also overturned the class certification in one of the lawsuits of thousands of California drivers who had driven for the San Francisco-based ride-hailing company since August 2009.