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Log inMaine cases kick off new high court term
Maine cases kick off new high court term
by Outspoken on Sat Oct 04, 2008 6:58 am
Maine cases kick off new high court term
Decisions will affect consumers, unions
By Judy Harrison
Staff Writer Bangor Daily News
BANGOR, Maine — When the U.S. Supreme Court begins its new term Monday, the first two appeals the nine justices will hear oral arguments about are cases from Maine.
It’s rare for the nation’s high court to accept one case a term from the Pine Tree State, let alone two. The fact that they will be heard back to back on the court’s opening day is most likely a once-in-a-lifetime event for court watchers in Maine.
Decisions in the cases are not expected before next year but could have national implications for consumers seeking to sue manufacturers and labor unions that represent public employees. Both were filed three years ago in U.S. District Court in Maine, then appealed to the 1st Circuit Court of Appeals in Boston.
The first case the high court will consider is a lawsuit filed in federal court in Bangor against a tobacco company. It, along with a handful of others the court will hear this term, focuses on the question of pre-emption, a legal doctrine holding that federal laws take precedence over some state laws.
The Maine tobacco lawsuit challenges the claims of low-tar and low-nicotine cigarette makers. It and an unrelated case from Vermont against a drug company are testing whether federal law trumps state consumer-protection policies that let residents sue cigarette and drug manufacturers over the way their goods are described, according to an article published Thursday at stateline.org.
“The cases … could force changes in the way cigarettes and prescription drugs are marketed and labeled and could open up new avenues of litigation for consumers who feel they’ve been harmed by products,” said the Web site, which tracks issues of interest to state governments.
The second case questions whether a labor union’s use of fees paid by nonunion employees to finance the organization’s court battles in other states is constitutional.
Twenty state workers in Maine challenged the expenditure by the Maine State Employees Association, the labor union that bargains on their behalf. The nonmembers are required to pay a service fee for the union’s collective bargaining efforts and contract administration.
The national Service Employees International Union relies on a portion of the fees to subsidize lawsuits concerning union units other than Local 1989, to which the current and former Maine state employees belong.
http://www.bangordailynews.com/detail/90442.html
Decisions will affect consumers, unions
By Judy Harrison
Staff Writer Bangor Daily News
BANGOR, Maine — When the U.S. Supreme Court begins its new term Monday, the first two appeals the nine justices will hear oral arguments about are cases from Maine.
It’s rare for the nation’s high court to accept one case a term from the Pine Tree State, let alone two. The fact that they will be heard back to back on the court’s opening day is most likely a once-in-a-lifetime event for court watchers in Maine.
Decisions in the cases are not expected before next year but could have national implications for consumers seeking to sue manufacturers and labor unions that represent public employees. Both were filed three years ago in U.S. District Court in Maine, then appealed to the 1st Circuit Court of Appeals in Boston.
The first case the high court will consider is a lawsuit filed in federal court in Bangor against a tobacco company. It, along with a handful of others the court will hear this term, focuses on the question of pre-emption, a legal doctrine holding that federal laws take precedence over some state laws.
The Maine tobacco lawsuit challenges the claims of low-tar and low-nicotine cigarette makers. It and an unrelated case from Vermont against a drug company are testing whether federal law trumps state consumer-protection policies that let residents sue cigarette and drug manufacturers over the way their goods are described, according to an article published Thursday at stateline.org.
“The cases … could force changes in the way cigarettes and prescription drugs are marketed and labeled and could open up new avenues of litigation for consumers who feel they’ve been harmed by products,” said the Web site, which tracks issues of interest to state governments.
The second case questions whether a labor union’s use of fees paid by nonunion employees to finance the organization’s court battles in other states is constitutional.
Twenty state workers in Maine challenged the expenditure by the Maine State Employees Association, the labor union that bargains on their behalf. The nonmembers are required to pay a service fee for the union’s collective bargaining efforts and contract administration.
The national Service Employees International Union relies on a portion of the fees to subsidize lawsuits concerning union units other than Local 1989, to which the current and former Maine state employees belong.
http://www.bangordailynews.com/detail/90442.html
"Music is a moral law. It gives soul to the universe, wings to the mind, flight to the imagination, and charm and gaiety to life and to everything."
Plato (427-347 BC)
Plato (427-347 BC)
