The most recent in a string of such lawsuits, a former Marc Jacobs intern has initiated a class action lawsuit against the fashion designer for failing to pay interns proper minimum wage and overtime wage rates.  Plaintiff Linney Warren sued Marc Jacobs alleging that she often worked 70-hour weeks in May, fetching coffee, moving raw materials between studios, sorting fabrics, fixing patterns, and sewing. Other companies recently hit with similar lawsuits include Fox Entertainment, Lions Gate Entertainment, Coach, and more.

Twin Cities Fair Wage Attorneys

Altogether failing to pay interns who are not receiving legitimate academic or vocational training is an unfair wage practice.  Similarly, failing to give paid interns appropriate minimum wage rates and overtime wage rates violates the Fair Labor Standards Act and comparable state legislation.  In addition to exposing employers to liability, these practices take advantage of young people who don’t fully understand wage and hour law and who are working hard in the infancy of their careers.

 

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Today, the United States Supreme Court denied to review opinions issued by three appellate courts that declared bans on same-sex marriage unconstitutional. The practical effect of the order denying review is that, after the dust settles, 11 additional states will have marriage equality — bringing the total to 30 within the next few months.

For couples living in states without marriage equality, today’s announcement is bittersweet. While the Supreme Court’s inaction is a positive in that it expands the number of states where discrimination in marriage based on sexual orientation is not legal, it means more waiting for those who live in other states.

KMSP-TV

Many of the states without marriage equality also lack legislation that protects gay people from discrimination (for example, in housing and employment). Similarly, many of those states do not provide make it a hate crime to violently target a gay person for no other reason than that person’s sexuality.

Until the Supreme Court (or, alternatively, every appellate court in the country) declares marriage equality to be the law of the land, litigation will continue.

Madia Law is proud to represent thirteen same-sex couples in historic challenges to marriage equality bans in both South Dakota and North Dakota. For those couples, today’s events are a source of optimism about the eventual outcome of their cases. Madia Law will continue to fight on behalf of them and all gay and lesbians who are denied their rights and equal protection under the laws.

KFGO: Attorney Joshua Newville on Supreme Court’s Decision on Same Sex Marriage

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The False Claims Act exists to incentivize whistleblowing in areas such as Medicare fraud. Qui tam whistleblowers (known as “relators”) who bring the government’s attention to fraudulent practices of their employers or other institutions, are rewarded with a percentage of the recovery ranging from 15-30%. Proving the extent of a fraudulent practice can prove difficult, especially when employers go to great lengths to hide those practices.

Yesterday, in a win for whistleblowers and the U.S. government, a federal judge in Tennessee declared that government can extrapolate from a small sample of billing statements to show a significant amount of Medicare fraud.

The decision was especially important because there is relatively little case law on the question of whether extrapolation is an appropriate practice pursuant to the False Claims Act.  The judge ruled that, “[t]he purpose of the FCA, as well as the development and expansion of government programs as to which it may be employed, support the use of statistical sampling in complex FCA actions where a claim-by-claim review is impracticable,” and added, “[i]f Congress intended to preclude statistical sampling from being used in this context, it has had ample opportunity to have that intention reflected in the language of the FCA.” [click to continue…]

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In an alarming video posted to YouTube this week, two St. Paul police officers violently arrested and tazed a black man who was simply waiting in the skyway to pickup his children from New Horizon’s Academy. The CityPages reports that the man is Chris Lollie; his mugshot is posted below.

Officers. M. Johnson and Bruce Schmidt filed a report that indicated Lollie had refused to leave the area; paradoxically, the report made no mention of why Lollie wasn’t allowed in the skyway. The officers inexplicably  charged Lollie with three crimes, all of which were dismissed. Based on the video and the available information, a lawsuit against the officers seems highly likely.

Madia Law, who does not represent Lollie, prosecutes lawsuits against police officers in Minnesota and Wisconsin who violate the 4th Amendment of the U.S. Constitution by performing unreasonable searches and seizures, unlawful arrests, or using excessive force.  Additionally, Madia Law holds government officials accountable for racism, sexism, sexual orientation discrimination, and more, by bringing suit for violations of the 14th Amendment.

See also: April 2012: Madia Law Wins Jury Trial in Federal Court for Excessive Force By St. Paul Police

See also: June 2014: Madia Law Jury Trial Verdict: Officer Violated 4th Amendment 

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Since the police shooting death of an unarmed 18-year-old black male in Ferguson, Missouri last week, the town of 21,000 people has become a focal point in the country’s discussion of excessive force and police misconduct. Within days of the shooting, lawyers announced that they were looking at civil rights claims related to the shooting death. Then, reports of clashes between police and protestors demanding answers began flooding social media.

Midwest Civil Rights Attorneys

Attempts to cover the story by news outlets have proven difficult. Yesterday, two reporters were arrested for allegedly trespassing in a McDonald’s restaurant. They were subsequently released without being charged after the police chief learned that they were from the media. Police fired tear gas at reporters stationed at a roadside with camera and lighting equipment. New Yorker reporter Jelani Cobb provides a detailed account of her observations.

Imminent civil rights lawsuits are almost certain. Based on the reports, it appears likely that Ferguson Police may be subject to litigation in cases alleging violations of the First, Fourth, Fifth, and Fourteenth Amendments, including allegations of excessive force, unreasonable search and seizure,  unlawful arrest, and deprivation of free speech and the freedom of the press.

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Madia Law filed a motion for summary judgment Tuesday in the historic lawsuit challenging North Dakota’s ban on same-sex marriage. From the Guardian Newspaper:

A lawyer filed a motion late Tuesday calling on a judge to rule on the legality of gay marriage in North Dakota, the last US state to face a challenge to its constitutional ban on same-sex unions.

Attorney Joshua Newville, representing seven couples in the state, filed the motion for dismissal in the US district court in Fargo in a move that has been successfully used in other states wrestling with same-sex marriage bans. Other bans are currently being challenged in states including Colorado and Georgia.

Newville’s original suit, filed in June, argues that the ban subjects same-sex couples seeking to marry to “an irreparable denial of their constitutional rights” and the state “will incur little to no burden in allowing same-sex couples to marry and in recognizing the lawful marriages of same-sex couples from other jurisdictions on the same terms as different-sex couples”.

Earlier this month North Dakota solicitor general Doug Bahr called for Newville’s case to be dismissed arguing that states have the right to define and regulate marriage.

Newville, a lawyer with the Minneapolis-based firm Madia Law, said: “We are seeking an order from a district judge that declares marriage equality the law of the land in North Dakota.”

North Dakota is the final state to face a challenge to a same-sex marriage ban. The legal case comes after a series of local victories for marriage equality proponents across the US that is putting pressure on the US supreme court to rule once more on gay marriage.

“We all agree that North Dakota denies loving, committed same-sex couples recognition of their marriages. That is not in dispute,” said Newville. “This is a constitutional issue and North Dakota is in violation of the constitution by refusing to marry couples and to recognise marriages from other states and jurisdictions.”

Celeste Carlson Allebach who, with her wife Amber, is one of the plaintiffs in the case said: “We’re very excited with this filing. We’re optimistic and hope to get a ruling before the birth of our coming child so that our family will be recognized as equal under the eyes of North Dakota law and both of us can be listed as parents on our child’s birth certificate.”

Last June the highest US court ruled that married same-sex couples were entitled to federal benefits and effectively ended a ban on gay marriage in California that had been overturned by a lower court. In the wake of those decisions courts in more than a dozen states have invalidated bans on same-sex marriage while others have partially invalidated their rules to recognise marriages from outside the state.

Carl Tobias, Williams professor of law at the University of Richmond said it now looked inevitable that the supreme court would have to revisit same-sex marriage.

“Since the supreme court decision we have had a stream of rulings that have favoured plaintiffs and I think we are likely to see the same in North Dakota,” said Tobias.

In August the 6th circuit court of appeals will hear arguments from gay marriage cases in Ohio, Kentucky, Michigan and Tennessee. The 5th circuit court of appeals, one of the most conservative courts representing Louisiana, Mississippi and Texas, is also expected to start hearing same-sex marriage cases soon, although no date has been set.

“In all likelihood one of the courts could vote against same-sex marriage,” said Tobias. He said he had been surprised that so far decisions had been “so uniform and so fast. The decisions are building on one another and finding earlier arguments persuasive.”

But he said a vote supporting a gay marriage ban was likely and that such a vote would likely lead to another supreme court hearing.

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In just a few short weeks, an amendment to the Minnesota Human Rights Act (“MHRA”) that will provide a right to a jury trial for claims arising under that law will go into effect.

Minnesota Jury Trial Attorneys

 

The MHRA  prohibits discrimination and retaliation for opposing such discrimination in a variety of contexts, including public and private employment, housing, education, public accommodation, and more. Protected classes under the MHRA include race, color, creed, religion, national origin, sex, marital status, disability, status with regarding to public assistance, sexual orientation, and age. [click to continue…]

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On June 24, 2014, after a two-day trial, a federal jury found that officer Robert Thunder violated Madia Law Client Michael Flowers’ constitutional right to be free from unreasonable search and seizure. Madia Law Attorney Ashwin Madia represented Mr. Flowers at trial, which was presided over by Chief Judge Michael Davis of the United States District Court for the District of Minnesota.

MN Police Misconduct Lawyers

Mr. Flowers is a 51-year-old disabled black male who has Acquired Immune Deficiency Syndrome (“AIDS”), a serious and potentially deadly condition that has an extreme effect on daily life activity and enables him to receive “limited mobility” designation on his Minnesota drivers license. A designation of “limited mobility” allows for reduced fare with Metro Transit.  [click to continue…]

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On June 6, 2014, Attorney Joshua Newville of Madia Law filed a lawsuit on behalf of seven same-sex couples in North Dakota. The lawsuit, Ramsay, et al. v. Dalrymple, et al., 14-CV-57, was filed in United States District Court in Fargo, North Dakota.

Like Madia Law’s filing in South Dakota two weeks ago, the lawsuit against North Dakota officials is the first lawsuit in the state to challenge the state’s same-sex marriage ban. The lawsuit alleges the state’s ban on marrying same-sex couples and its refusal to recognize the marriages of other jurisdictions deprives gay and lesbians from their constitutionally-protected rights of equal protection, due process, and right to travel.

Advocacy group Freedom to Marry is tracking the progress of marriage equality litigation across the country.

 KFYRTV.COM – Bismarck, ND – News, Weather, Sports

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On May 22, 2014, on behalf of twelve South Dakota residents, Madia Law Attorney Joshua Newville filed a federal lawsuit in United States District Court in Sioux Falls, South Dakota.  The lawsuit challenges the constitutionality of South Dakota’s statutory and constitutional bans on same-sex marriage.

The lawsuit was filed on behalf of Plaintiffs Jennie and Nancy Rosenbrahn, Jeremy Coller and Clay Schweitzer, Lynn and Monica Serling-Swank, Krystal Cosby and Kaitlynn Hoerner, Barbara and Ashley Wright, and Greg Kniffen and Mark Church. Defendants include Governor Dennis Daugaard, Attorney General Marty Jackley, Secretary of Health Doneen Hollingsworth, Secretary of Public Safety Trevor Jones, Pennington County Register of Deeds Donna Mayer, and Brown County Register of Deeds Carol Sherman. United States District Court Judge Karen Schreier is overseeing the matter in the Southern Division of the District of South Dakota. The Court file number is 14-4081.  The allegations contained in the Complaint are below: [click to continue…]

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May 2014: Madia Law Files False Claims Act Suit in Wisconsin federal court

May 18, 2014

On behalf of the United States and the State of Wisconsin, Madia Law has filed a federal qui tam action in the Eastern District of Wisconsin federal District Court.  The filing alleges Medicare fraud against the government by multiple corporate Defendants and medical doctors in eastern Wisconsin.  Pending potential intervention by the United States Attorney’s Office, the […]

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MHRA Amendment Secures Jury Trials for Minnesota Discrimination Victims

May 14, 2014

Yesterday, Minnesota Governor Mark Dayton signed into law an amendment to the Minnesota Human Rights Act that will ensure victims of discrimination and retaliation are entitled to a jury trial.  The bill, SF2322, was passed by the House and Senate in previous weeks and will go into effect on August 1, 2014. Previously, there was […]

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May 2014: Madia Law Files Class Action Pay Discrimination Lawsuit Against NeuroScience, Inc and Pharmasan Labs, Inc.

May 9, 2014

On Friday, May 2, Madia Law filed a federal lawsuit in the United States District Court for the Western District of Wisconsin. The lawsuit, filed against NeuroScience, Inc. and Pharmasan Labs, Inc., alleges pay discrimination on the basis of sex/gender. Defendants NeuroScience and Pharmasan Labs advertise themselves as being committed to delivering personalized health care […]

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May 2014: Newville to Speak on Employee Rights at “Argument of the Month Club”

April 29, 2014

The Argument of the Month Club describes itself as, “The Men’s Forum for Catholic Apologetics.”  Started 14 years ago, the wildly successful forum now attracts more than 500 men to its monthly discussions.  Tackling tough and wide-ranging topics, the group’s mission is to enlighten both Catholics and non-Catholics in order to better teach and defend the […]

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April 2014: Madia Law Retained to Challenge South Dakota Same-Sex Marriage Ban

April 24, 2014

–For Immediate Release– MAYOR HODGES TO MARRY SOUTH DAKOTA COUPLE WHO WILL CHALLENGE STATE’S SAME-SEX MARRIAGE BAN Minneapolis, April 24, 2014 – This Saturday, Minneapolis Mayor Betsy Hodges will welcome visitors Nancy Robrahn and Jennie Rosenkranz to The City of Lakes.  The Mayor will then marry the South Dakota couple, setting the stage for them […]

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Ashwin Madia Speaks on Rule of Law

April 2, 2014

On Friday, March 21, 2014, Ashwin Madia was invited to speak to students at St. Louis Park High School regarding the rule of law.  Madia is a former Marine JAG who served in Iraq and helped establish the rule of law in the war-torn country.  A full video of the speech is available below:

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Changes to Overtime Regulations Expand FLSA Coverage

March 18, 2014

Last week, in a move that will lead to millions more employees being eligible for overtime wage rates for hours worked over 40, President Obama signed an executive order modifying regulations contained in the Fair Labor Standards Act (“FLSA”). The FLSA requires that employees who are not classified as “exempt” must be paid overtime wage […]

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Madia Law Files 4th Amendment Lawsuit Against Bloomington Police Officer Jeff Thibert

February 21, 2014

On Monday, Madia Law filed suit in United States District Court on behalf of Plaintiff Tammy Liddle against Bloomington Police Officer Jeff Thibert.  Ms. Liddle’s federal lawsuit (14-CV-431-JNE/JSM) alleges unreasonable search and seizure, unlawful arrest, and excessive force.  Ms. Liddle is also in possession of squad cam video of the subject incident.   Below is […]

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Ashwin Madia: “Leading Outside Your Comfort Zone”

January 29, 2014

On January 15, 2014, Ashwin Madia spoke on Leading Outside Your Comfort Zone as part of the University of Minnesota Law School‘s Corporate Institute Leadership Foundations Program.  Below is a video and transcript of his talk:

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December 2013: Madia Law beats summary judgment and settles age discrimination case

January 10, 2014

Madia Law settled an age discrimination case on behalf of “Joan” after defeating her former employer’s motion for summary judgment. The terms are confidential pursuant to the parties’ settlement agreement.

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