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New prosecutor joins team trying Alec Baldwin case

SANTA FE, N.M. — An attorney has been added to the special prosecution team that is pursuing an involuntary manslaughter charge against actor Alec Baldwin in the fatal shooting of a cinematographer on the set of the Western movie "Rust," court officials confirmed Thursday. The district attorney for Santa Fe has appointed Erlinda Johnson as special prosecutor to the Baldwin case, which is scheduled for trail in July. She was sworn in Tuesday. Baldwin has pleaded not guilty to an involuntary manslaughter charge in the shooting of Halyna Hutchins during an October 2021 rehearsal at a movie-set ranch on the outskirts of Santa Fe. Baldwin, the lead actor and co-producer for "Rust," was pointing a gun at Hutchins during rehearsal when the revolver went off, killing Hutchins and wounding director Joel Souza. Johnson's experience as a criminal defense and personal injury attorney include representing former New Mexico secretary of state Dianna Duran, who resigned from elected office in 2015 amid revelations she used campaign funds to fuel a gambling addiction. Duran received a 30-day jail sentence after pleading guilty to embezzlement and money laundering charges. Johnson previously worked as a federal prosecutor on drug enforcement and organized crime investigations after serving as assistant district attorney in the Albuquerque area. Prosecutors are turning their full attention to Baldwin after a judge on Monday sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum 18 months in prison at a state penitentiary on an involuntary manslaughter conviction in the death of Hutchins. Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of "Rust," where it was expressly prohibited, and for failing to follow basic gun safety protocols. She was convicted in March at a jury trial. Defense attorneys for Baldwin are urging the judge to dismiss a grand jury indictment against their client, accusing prosecutors of "unfairly stacking the deck" in grand jury proceedings that diverted attention away from exculpatory evidence and witnesses. Special prosecutors deny those accusations and accuse Baldwin of "shameless" attempts to escape culpability, highlighting contradictions in Baldwin's statements to law enforcement, workplace safety regulators and the public in a televised interview.

EEOC hits Sheetz with discrimination lawsuit

A convenience store chain where President Joe Biden stopped for snacks this week while campaigning in Pennsylvania has been hit with a lawsuit by federal officials who allege the company discriminated against minority job applicants. Sheetz Inc. which operates more than 700 stores in six states, discriminated against Black, Native American and multiracial job seekers by automatically weeding out applicants whom the company deemed to have failed a criminal background check, according to U.S. officials. The Equal Employment Opportunity Commission filed suit in Baltimore against Altoona, Pennsylvania-based Sheetz and two subsidary companies, alleging the chain's longstanding hiring practices have a disproportionate impact on minority applicants and thus run afoul of federal civil rights law. Sheetz said Thursday it "does not tolerate discrimination of any kind." "Diversity and inclusion are essential parts of who we are. We take these allegations seriously. We have attempted to work with the EEOC for nearly eight years to find common ground and resolve this dispute," company spokesman Nick Ruffner said in a statement. The privately held, family run company has more than 23,000 employees and operates convenience stores and gas stations in Pennsylvania, West Virginia, Virginia, Maryland, Ohio and North Carolina. The lawsuit was filed in federal court Wednesday, the day Biden stopped at a Sheetz store on a western Pennsylvania campaign swing, buying snacks, posing for photos and chatting up patrons and employees. Federal officials said they do not allege Sheetz was motivated by racial animus but take issue with the way the chain uses criminal background checks to screen job seekers. The company was sued under Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination on the basis of race, sex, religion and national origin. "Federal law mandates that employment practices causing a disparate impact because of race or other protected classifications must be shown by the employer to be necessary to ensure the safe and efficient performance of the particular jobs at issue," EEOC attorney Debra M. Lawrence said in a statement. "Even when such necessity is proven, the practice remains unlawful if there is an alternative practice available that is comparably effective in achieving the employer's goals but causes less discriminatory effect," Lawrence said. It wasn't immediately clear how many job applicants have been affected, but the agency said Sheetz's unlawful hiring practices date to at least 2015. The EEOC, an independent agency that enforces federal laws against workplace discrimination, is seeking to force Sheetz to offer jobs to applicants who were unlawfully denied employment and to provide back pay, retroactive seniority and other benefits. The EEOC began its probe of the convenience store chain after two job applicants filed complaints alleging employment discrimination. The agency found that Black job applicants were deemed to have failed the company's criminal history screening and were denied employment at a rate of 14.5%, while multiracial job seekers were turned away 13.5% of the time and Native Americans were denied at a rate of 13%. By contrast, fewer than 8% of white applicants were refused employment because of a failed criminal background check, the EEOC's lawsuit said. The EEOC notified Sheetz in 2022 that it was likely violating civil rights law, but the agency said its efforts to mediate a settlement failed, prompting this week's lawsuit.

$34.6 million verdict: Patent infringement case protects, rewards SC company

Action: Infringement Injuries alleged: Patent infringement with trade dress allegations Case name: GeigTech East Bay LLC v. Lutron Electronics Inc. Court/case no.: U.S. Southern District of New York / 18 civ 5290 Judge: Colleen McMahon Amount: $34.6 million Date: March 15, 2024 Most helpful expert: Douglas Kim, patent attorney, of Kim, Lahey & Killough, Greenville Attorneys: Gary Sorden of Cole Schotz, Dallas (for the plaintiff); Scott W. Breedlove of Carter Arnett, Dallas (for the defendant) GeigTech East Bay, a South Carolina company that makes modern window shades, obtained U.S. Patent No. 10,294,717, for a "shade bracket with concealed wiring" on May 21, 2019. The patent was originally filed by Richard J. McKenna of Foley & Lardner, Milwaukee, and obtained by Douglas Kim, a registered patent attorney, of Kim, Lahey & Killough, Greenville. GeigTech filed a federal patent infringement complaint with trade dress allegations against Lutron Electronics Co. Inc. One of the tactics Lutron used to try to invalidate the patent. However, the patent written by Kim withstood two challenges in the United States Patent Trial and Appeal Board and a jury trial. On March 12, the jury returned a verdict stating that Lutron had infringed on GeigTech’s patent and awarded $34.6 in damages. According to the jury verdict form, “Lutron opted to poach (GeigTech’s) patented designs and intellectual property to try and remain competitive in a segment of the market that (GeigTech) cornered.” As the finding of infringement was willful, GeigTech can ask the judge to triple the damages.

Defense verdict: Jury turns back lawsuit from pandemic-inspired claim

Action: Breach of contract and violation of South Carolina Unfair Trade Practices Act Injuries alleged: Breach of contract, unfair trade practice act, breach of warranty Case name: HHBC Inc. v. Jamis Bicycles Court/case no.: Beaufort County Common Pleas / 2021-CP-07-00143 Judge: Bobby Bonds Injuries alleged: $1.03 million (subject to tripling and addition of attorney’s fees to an estimated $4.5 million) Date: March 19, 2024 Most helpful expert: George Durant, CPA, Columbia Attorneys: Ashley Twombley and Thomas Iandoli of Twenge + Twombley, Beaufort (for the defendant); John Bowen of Laughlin & Bowen, Hilton Head (for the plaintiff) In 2021, plaintiff Hilton Head Bicycle Co. sued Jamis Bicycle Corp., alleging defendant breached a bicycle supply contract and caused plaintiff more than $1 million in damages. Plaintiff further alleged that the manner in which defendant breached the contract violated the South Carolina Unfair Trade Practices Act, allowing plaintiff to seek treble damages and attorney’s fees. The total exposure was estimated to be $4.5 million. A central issue at trial involved the unforeseen effects of COVID-19 pandemic on the supply chain, and whether these effects excused defendant from the alleged breach. This is one of the few known jury verdicts dealing with the unforeseen effects of COVID-19 and the South Carolina Uniform Commercial Code’s “commercial impracticably” provisions. Another central issue involved plaintiff's alleged damages, which were ultimately limited by the trial court judge before being presented to the jury. When plaintiff’s damages were presented to the jury, defendant alleged plaintiff’s damages claims were not supported by sufficient documentation (a calculation methodology, receipts, invoices, etc.) and amounted to little more than a homemade list of numbers set forth on a single sheet of paper. In closing arguments, plaintiff’s counsel Ashley Twombley argued, “My children have prepared Christmas list with more detail than this wish list prepared by .” After a six-day trial, the jury returned a unanimous verdict in favor of defendant, concluding it did not breach the contract, and that plaintiff was not entitled to any damages.