In The News Archives 2007:
Metropolitan Enterprise News
December 6, 2007
“Ninth Circuit Judges Appear Skeptical
of JPL Background Checks”
By Kenneth Ofgang
A Ninth U.S. Circuit Court of Appeals panel yesterday
appeared to be leaning in favor of enjoining, at least
temporarily, a program of background checks that scientists
at Jet Propulsion Laboratory have challenged as overly
intrusive.
“You’re doing a good job, “ Senior Judge David Thompson commented
as Virginia Keeny argued that her clients’ constitutional rights of privacy
were being violated. “Keep it up.”
Keeny, of Pasadena’s Hadsell & Stormer, said
the program, developed by the Department of Commerce
pursuant to a presidential directive known as HSPD-12,
is “onerous” as applied to employees who
do not deal with classified material, do not have or
need security clearances, and have been identified
by the government as holding “non-sensitive” positions.
. . .
Pasadena Star-News
December 5, 2007
“Judges hear arguments on JPL checks”
By Elise Kleeman JPL employees returned
to court Wednesday as a panel of three federal judges heard
arguments about extending a temporary injunction against
NASA's new employee background checks. . . .
"The record is incredibly thin in justifying the investigations," Virginia
Keeny, a lawyer for the JPL plaintiffs, told the judges. . . .
The panel asked few questions of Keeny, however, and
had words of praise.
"You've done a good job. I don't want to interfere, keep it up," Judge
David Thompson told her part way through her argument.
Pasadena Star-News
October 12, 2007
“Judges extend block of background
checks at JPL”
By Elise Kleeman A
panel of three federal judges has extended its temporary
injunction blocking NASA from requiring background
checks of all JPL employees. . . .
"Appellants raise serious legal and constitutional questions, and
the balance of hardships tips sharply in their favor," the Ninth Circuit
Court of Appeals judges wrote in their decision Thursday. . . .
The ruling "essentially has placed the burden
on the government to show what its rationale is, why
it needs this information and why this is the most
narrowly tailored method of getting this information," Dan
Stormer, attorney for the plaintiffs, said Friday.
San Francisco Chronicle
October 12, 2007
“Court holds off new background checks
for NASA workers”
By Bob Egelko
Scientists and engineers at NASA's Jet Propulsion Laboratory
in Pasadena won a federal court reprieve Thursday from
extensive new background checks ordered by the Bush
administration.
Saying the new investigations were intrusive and of
questionable value, the Ninth U.S. Circuit Court of
Appeals in San Francisco issued a preliminary injunction
protecting workers from the mandatory background checks
at least until the court hears arguments in early December.
. . .
When hired, they underwent routine background checks
of their identity and criminal records, said Virginia
Keeny, a lawyer for the plaintiffs.
The Daily Journal
October 9, 2007
“NASA Scientists Continue Battle Over
New Background Checks”
By John RoemerA three-judge motions
panel of the 9th U.S. Circuit Court of Appeals issued
an emergency order late Friday that halted until
Oct. 12 threats by officials at the Jet Propulsion
Laboratory in Pasadena to fire longtime NASA workers
who refused to submit to the new checks. . . .Early
Friday afternoon, workers were being ordered to sign
waivers allowing the investigations, according to
Virginia Keeny of Pasadena's Hadsell & Stormer,
representing 28 Jet Propulsion Laboratory scientists
who sued to halt the checks."They were told to
sign or lose their jobs," Keeny
said. "Now we hope the court will extend the injunction
until November, when attorneys must submit their appellate
briefs."
Los Angeles Times
October 6, 2007
“New
JPL background checks barred; U.S. judges seek more
time to study regulation, which workers say would
violate rights.”
By Jason Song
The U.S. 9th Circuit Court of Appeals on Friday issued
a temporary injunction blocking a federal government
directive that would require new background checks
for employees at NASA's Jet Propulsion Laboratory.
A group of 28 JPL scientists filed a suit in August
to stop the investigations, which they said amounted
to a blank check for the federal government to look
into such areas as their sexual orientation and consumer
histories. . . .
"This ruling shows we're not going to let hysterical fear and innuendo
undermine the Constitution," said attorney Dan Stormer, who represented
the JPL scientists.
Back Stage East
October 4, 2007
“Old wounds reopened at SAG: Calif.
court gives discrimination case new life”
By Lauren Horwitch
[Patricia] Metoyer was one of eight former SAG employees
who separately sued the union for wrongful termination
and/or racial discrimination a few years ago. . .
In the latest decision on the case, made in the U.S.
Court of Appeals for the Ninth Circuit, the judges
ruled 2 to 1 to reverse the summary judgment. Judge
Dorothy W. Nelson, writing for the majority, called
the 2004 opinion "misguided," adding that
the court in that case "got the law and the facts
wrong."
"This ruling is very important for us," said Anne Richardson, one
of Metoyer's attorneys. "This means that Patricia will finally be able
to go to a jury and have them look at the entire facts."
Los Angeles Times
September 27, 2007
“Court clears way for suit against
SAG”
By Richard Verrier
In a setback for the Screen Actors Guild, a federal
appeals court Wednesday cleared the path for a former
employee to pursue a wrongful termination case against
the union. . . .
[Patricia] Metoyer contended that her bosses retaliated
against her after she brought to light racial discrimination
complaints from guild staff, questioned the handling
of affirmative action grants and confronted managers
over an allegedly fraudulent report with the Equal
Employment Opportunity Commission. . . .
"It had to be concluded that Metoyer raised a genuine issue of fact as
to whether the guild was more likely than not motivated by discrimination in
its decision to terminate her," according to the [Ninth Circuit’s]
majority opinion.
The Daily Journal
September 27, 2007
“Discrimination Suit Moves Forward”
By D. Hiempel
Reversing a lower court's grant of summary judgment,
a federal appeals court ruled Wednesday that a former
employee's wrongful termination and discrimination
suit against the Screen Actors Guild should go forward.
. . ."We reverse summary judgment on the federal
and state discrimination and retaliation claims because
Metoyer has raised a triable issue of fact as to all
these claims," wrote Judge Dorothy W. Nelson.
. . . "This is a huge vindication for Dr. Metoyer," said
her attorney, Anne Richardson of Pasadena-based Hadsell & Stormer. "She
has been fighting this struggle for a very long time."
August 31, 2007
Los Angeles Times
“JPL scientists sue to block security
checks for staff; The federal background checks constitute
an invasion of privacy, the 28 employees say.”
By John Johnson Jr.
A group of 28 scientists at the Jet Propulsion Laboratory
filed suit in federal court Thursday to block implementation
of a Bush administration directive requiring new background
checks for employees.
The employees, including senior scientists who have
worked on projects including the Voyager missions and
the Cassini mission to Saturn, say they will lose their
jobs unless they consent to allow the government to
scrutinize such things as their sexual history.
“Our clients are exemplary employees who have spent their work lives
bettering this country. This attack on their right to privacy will not be tolerated,” said
Dan Stormer of the Hadsell & Stormer law firm in Pasadena.
August 30, 2007
Pasadena Star-News
“JPL employees file suit over privacy
issues”
Twenty-eight JPL employees filed suit today against
NASA, the Department of Commerce and Caltech over the
invasion of privacy of strict new security checks required
to keep their jobs. . .
"By joining with my colleagues and (law firm) Hadsell & Stormer, I'm
hoping to preserve the rights guarenteed to us by the Bill of Rights," said
Zareh Gorjian, a JPL employee of 17 years.
August 17, 2007
The Press Enterprise (Riverside, CA)
“EX-CHIEF, OFFICIALS SQUARE OFF;
Colton: The Fired Police Chief Says His Inquiries
Into Alleged Corruption Cost Him His Job.”
By John F. Berry
Former Colton Police Chief Ken Rulon blasted his former
employers Thursday, saying his April firing was retaliation
for his investigating widespread corruption at City
Hall.
"My badge wasn't for sale or for influence," Rulon said in a telephone
interview. "I'm not going to cover up unethical or illegal acts.” .
. . His attorney, Dan Stormer, said he will file a federal lawsuit within six
months if Colton, as expected, rejects the claim.
August 17, 2007
San Bernardino County Sun
“Former chief files claim”
Matt Wrye
Citing a list of purported injustices by council members
and other city officials, former Police Chief Ken Rulon
and his lawyers announced on Thursday a $10million
claim against the city. . . .
Dan Stormer, Rulon's attorney, stated in a news release
that the former police chief is suing for wrongful
termination, retaliation for "whistleblowing," defamation,
and violation of his constitutional right to free speech.
Moreover, Stormer said he'll come out with more examples
of malfeasance in due time, such as negligence by "high-ranking" city
officials to take action on certain city employees
and council members' misconduct and the emotional distress
it caused Rulon.
August 16, 2007
San Francisco Chronicle
“Nigerians Can Sue Chevron”
By Bob Egelko
Nigerian villagers can go to trial in San Francisco
in a lawsuit that seeks to hold Chevron Corp. responsible
for military attacks that killed and wounded protesters
at oil company facilities in 1998 and 1999, a federal
judge has ruled...
In a series of decisions Tuesday, U.S. District Judge
Susan Illston narrowed the lawsuit against Chevron
but said a jury could consider the gist of the villagers'
claims - that the oil giant summoned troops to the
protests, directed their actions and should be held
accountable for the injuries and deaths of peaceful
demonstrators.
"This is a major victory," plaintiffs' lawyer Barbara Hadsell said
Wednesday. "It's an affirmation of holding corporations accountable here
for their conduct abroad. If they make the profit there, they have to pay the
consequences if things go bad."
August 16, 2007
Los Angeles Times
“Chevron to face human rights suit”
A U.S. judge ruled that a lawsuit claiming Chevron
Corp. violated human rights in Nigeria should proceed,
throwing out some charges against the U.S. oil company
but leaving the centerpiece of the plaintiffs' case
intact. . .
“A jury could conclude that Chevron Nigeria Ltd. had the power to hire,
supervise and train the government security forces, and that Chevron Nigeria
Ltd. did so, or failed to do so, negligently,” Illston said in one order.
She said a jury could also conclude that the company's
hiring and failure to train the security forces were
a proximate cause of the alleged injuries.
August 16, 2007
Africa News
“Nigeria; Oil Company Faces U.S. Trial Over Killings”
In a series of ruling issued yesterday, the United
States (US) District Court Judge in San Francisco,
Susan Illston, ruled that Chevron was directly involved
in the alleged attacks by acting in consonance with
Nigerian government security forces, paving the way
for a trial which the company had made spirited attempts
to avoid for eight years. . . .
Trial in the case, Bowoto v. Chevron Corp., No 99-2506
is expected within the year. In addition to ERI and
Traber &Voorhees, the plaintiffs are represented
by the private law firms of Hadsell & Stormer and
Siegel & Yee, the Center for Constitutional Rights
and the Electronic Frontier Foundation, and Paul Hoffman,
Michael Sorgen, Robert Newman, Anthony DiCaprio, Elizabeth
Gu-arnieri, and Richard Wiebe.
August 8, 2007
Business Wire
“African American Workers File Discrimination
Claim Against Prestigious Ritz Carlton Huntington Hotel, says
UNITE HERE; NAACP Joins Clergy and Community Members in Condemning
Hotel's Treatment of African American and Latino Workers”
The Ritz Carlton Huntington Resort and Spa located
in Pasadena is a premier hotel in one of the most prestigious
neighborhoods in California. But hotel workers allege
that within the walls of the luxurious and exclusive
Pasadena Ritz Carlton hotel, racial discrimination
against African American and Latino workers exists,
according to UNITE HERE. . .
"From the information I have seen, it certainly appears that there's a
pattern of discrimination at the Ritz," said Anne Richardson, an attorney
at Hadsell & Stormer in Pasadena who specializes in employment discrimination.
January 25, 2007
Los Angeles Times
“Council approves settlement; An LAPD captain
who said he was improperly denied promotion will be paid $650,000.”
By Steve Hymon
The Los Angeles City Council voted 11 to 0 Wednesday
to approve a $650,000 lawsuit settlement for a police
officer who alleged that ex-Police Chief -- now Councilman
-- Bernard C. Parks denied him a promotion as a form
of retaliation. . .
The tentative settlement, which now goes to Mayor Antonio
Villaraigosa, was with Jim Tatreau, one of three Los
Angeles Police Department officers who brought the
case. . .
“Jim has committed his life to the LAPD, and it is nice that those people
who are responsible stood up and attempted to make good,” said Dan Stormer,
an attorney for the officers.
January 11, 2007
Pasadena Star-News
"$2.5 million awarded to Chinese newspaper employees"
A federal jury this week determined the Chinese Daily
News has violated state and federal wage laws and must
pay its employees $2.5 million in damages, according
to plaintiffs attorneys. . . .
"This verdict should send a message to our ethnic communities that no
employer is above the law, and all employees are entitled to the protection
of our wage and hour laws," said plaintiffs attorney Cornelia Dai.
January 11, 2007
Pasadena Star-News
"Chinese newspaper loses labor lawsuit"
By Patricia Jiayi Ho
A federal jury has awarded $2.5 million to a group
of Chinese Daily News employees as part of a class-action
lawsuit alleging violations of labor laws, attorneys
said Thursday.
The jury found the newspaper failed to pay overtime
and allow rest and meal breaks to 200 employees at
its Monterey Park office.
"We're very happy about it," said plaintiffs attorney Cornelia Dai. "Hopefully
this sends a message to other employers."
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