Tag Archives: 7th circuit court of appeals

Wisconsin Act 10 (Budget bill) Upheld

Do you remember the Governor Walker’s Wisconsin anti-union bill?  Well, the 7th Circuit Court of Appeals just upheld it.

As background, Governor Walker signed Act 10 which made its strongest impact on collective bargaining, compensation, retiring, health insurance, and sick leave of public sector employees.

The most-talked about change was to collective bargaining rights.  The bill limited collective bargaining to wages.  As you may know, unions often bargain on a plethora of topics – such as sick leave, vacation, pension, health insurance, funeral leave, discipline, training, retirement, lay offs, and so on.  Further, the bill out-right prohibited employers from collecting union dues and bargaining units would not be required to pay union dues.  However, some units were exempted: local law enforcement, state troopers, and inspectors.

In Wisconsin Educational Council v. Walker, ____F.3d___ (7th Cir. Jan. 18, 2013), the main challenge was based on equal protection.  The bill basically created 2 classifications of public employees: (1) public safety employees, and (2) general employees.  According to the bill, as stated previously, the limitations of collective bargaining rights were applied only to the general employees.

In the 74-page decision, the 7th Circuit Court held that the bill was constitutional.  The court held that the bill did not create view-point discrimination. The court explained that the different treatment was justified on the greater consequences of public safety worker strikes.

 

via Adjunct Law Prof Blog: Breaking News! 7th Upholds The Constitutionality of Wisconsin Budget Repair Bill.

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Filed under Appellate, employment, labor, legal decision, union, wage

Lawyer’s misconduct did not prevent class action certification

In a class action, lawyers’ conduct when contacting (or trying to contact) possible putative class members, is regulated by the court or federal statute.

In this case, the 7th Circuit Court of Appeals determined  that class counsel’s faxing of unsolicited advertisement was misconduct.  The decision rested on the question of whether the law firm bribed a third-party in order to obtain a list of the possible putative class members.  Due to a lack of evidence that the payment of $5,000 was a bribe, the court allowed the class to be certified.

I raise this case because it raises the issue of attorney misconduct.  First of all, there are across-the-states ethics rules that govern attorneys’ conduct.  You can access ethics rules governing attorneys by going to the state court’s website and looking for the Board of Professional Responsibility or ethics rules.

As the 7th Circuit Court of Appeals highlighted multiple times, the law firm’s misconduct could possibly warrant disciplinary action.  The Court of Appeals commented that litigants and attorneys should report to the relevant bar authority (the Board of Professional Responsibility) instances of attorney misconduct.  Otherwise, the court warned, unpunished and inappropriate attorney conduct will continue.

In fact, there are ethical rules that discuss the reporting of misconduct.  In Minnesota, Rule 8.3 discusses the reporting of professional misconduct.  Rule 8.3 states, in relevant part,

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

Secondly, in a class action, the class representatives through their class counsel must show that the class counsel can appropriately represent the class.  In other words, the court must decide that the law firm can properly represent the entire class (which may in the hundredths).

So, if a law firm possibly engaged in misconduct, i.e. shows a lack of integrity – is the law firm’s representation proper?  The court did state that unethical conduct (regardless of whether it is prejudicial) raises “serious doubt” as to counsel’s ability to adequately represent the class.

via Courthouse News Service.

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Filed under Appellate, attorneys, courts, legal decision, Minnesota, rules, sanctions, Supreme Court