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•  Legal Marketing - Legal News


A company that owns 10 Jimmy John's sandwich shops in the Twin Cities was within its rights to fire six union workers who circulated posters critical of the company's sick-leave policy, a federal appeals court ruled Monday.

The full 8th U.S. Circuit Court of Appeals reversed a three-judge appeals panel, which had affirmed a National Labor Relations Board ruling in favor of the workers, who were part of a unionization drive by the Industrial Workers of the World at shops owned by MikLin Enterprises.

The full appeals court concluded that the poster attack was "so disloyal" that it wasn't protected by federal labor law.

The posters were timed to the flu season in early 2011. They protested the company's policy against workers calling in sick without finding replacements to take their shifts, and accused the company of putting the health of its customers at risk. The poster features two identical photos of Jimmy John's sandwiches but said one was made by a healthy worker and one was made by a sick worker.

"Can't tell the difference?" the poster read. "That's too bad because Jimmy John's workers don't get paid sick days. Shoot, we can't even call in sick. We hope your immune system is ready because you're about to take the sandwich test."

The poster and a press release were distributed to more than 100 local and national news organizations, and the IWW threatened wider distribution if its demands were not met.

The NLRB concluded that MikLin violated protections for employee communications to the public that are part of an ongoing labor dispute. The three-judge appeals panel agreed. But the full appeals court said the board misapplied a controlling precedent set in a 1953 U.S. Supreme Court case that permits firings for disloyalty when the quality of a company's product is attacked, as opposed to communications targeting the employer's labor practices.



The Ohio Supreme Court wants to see unredacted autopsy reports from eight slayings in one family as justices consider media lawsuits seeking access to those full reports from the year-old, unsolved case.

The court on Wednesday ordered the Pike County coroner in southern Ohio to submit the reports within two weeks for justices to review outside of public view.

The case involves seven adults and a teenage boy from the Rhoden family who were found shot to death at four homes near Piketon last April.

The Columbus Dispatch and The Cincinnati Enquirer separately sued for access to the full autopsies.

Authorities want to shield information, arguing that its release could compromise the investigation. The coroner also says victims' relatives raised concerns about sharing details of how their loved ones died.



heyday of the reality courtroom show, died Sunday at age 97.

Son David Wapner told The Associated Press that his father died at home in his sleep. Joseph Wapner was hospitalized a week ago with breathing problems and had been under home hospice care.

"The People's Court," on which Wapner decided real small-claims from 1981 to 1993, was one of the granddaddies of the syndicated reality shows of today. His affable, no-nonsense approach attracted many fans, putting "The People's Court" in the top five in syndication at its peak.

Before auditioning for the show, Wapner had spent more than 20 years on the bench in Los Angeles, first in Municipal Court and then in Superior Court. At one time he was presiding judge of the Los Angeles Superior Court, the largest court in the United States. He retired as judge in November 1979, the day after his 60th birthday.

"Everything on the show is real," Wapner told the AP in a 1986 interview. "There's no script, no rehearsal, no retakes. Everything from beginning to end is like a real courtroom, and I personally consider each case as a trial."

"Sometimes I don't even deliberate," he added. "I just decide from the bench, it's so obvious. The beautiful part is that I have carte blanche."

"The People's Court" cases were tried without lawyers by the rules of Small Claims Court, which has a damage limit of $1,500. Researchers for the producer, Ralph Edwards Productions, checked claims filed in Southern California for interesting cases.

The plaintiff and defendant had to agree to have the case settled on the show and sign a binding arbitration agreement; the show paid for the settlements.

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