Advocates for Labor and Progressive Institutions

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D.C. Fire Fighters, Local 36, IAFF, Obtain TRO in Superior Court Prohibiting Mayor, Fire Chief from Implementing Unlawful Disciplinary Action

May 7, 2007

Finding that the Mayor and Fire Chief of the District of Columbia had acted “in clear contravention of their own regulations,” District of Columbia Superior Court Judge Robert Tignor issued a temporary restraining order on May 7, 2007 forbidding the city government from imposing penalties against two firefighters that were over and above the disciplinary action recommended by the Fire Department’s own internal hearing panel.

Maryland Appellate Court Upholds Arbitration Award Preserving Rank-Order Promotion Rights of Police Officers

January 2007

The firm, as labor counsel to Prince George’s County FOP Lodge 89, successfully defended the right of police officers in the County to rank-order promotions.

Argument in Lawsuit filed to enforce No Child Left Behind Act unfunded mandates (November 2006)

November 2007

The nation’s first lawsuit seeking to enforce the unfunded mandates provision of the No Child Left Behind Act was filed by Bredhoff & Kaiser, PLLC, in April of 2005 on behalf of a broad coalition including the NEA, nine of the NEA’s state affiliates, a local NEA affiliate, and nine school districts from Michigan, Texas and Vermont. 

Argument in Lawsuit filed to enforce No Child Left Behind Act unfunded mandates

2006

In cases brought by the firm, district courts in Idaho and Utah struck down provisions of those states’ laws that prohibit local government employers from allowing their employees to make political contributions through payroll deduction. The rulings are currently on appeal in the Ninth and Tenth Circuits.

Amicus Brief filed in Supreme Court defending academic freedom

2006

The Supreme Court ruled in Garetti v. Ceballis that the First Amendment generally does not protect a government employee from discipline based on speech made pursuant to the employee’s official duties; but the Court reserved the question whether a different analysis should apply to cases involving speech related to scholarship or teaching. Bredhoff & Kaiser, PLLC, filed an amicus brief on behalf of the NEA arguing that a teacher’s classroom speech is entitled to First Amendment protection.

Florida Supreme Court strikes down state educational voucher program

February 2006

Bredhoff & Kaiser, PLLC represents the National Education Association and its affiliates in a series of challenges, in state and federal courts, to the constitutionality of private-school voucher programs enacted by various state legislatures. Attorneys from the firm have argued these cases in the United States Supreme Court, Zelman v. Simmons-Harris, 536 U.S. 639 (2002), and in the Supreme Courts of at least six states. Most recently, the firm represented the Florida Education Association and its coalition partners before the Florida Supreme Court, which in January 2006 struck down Florida’s “Opportunity Scholarship Program” as contrary to the public education clause of the Florida Constitution. Bush v. Holmes, 919 So. 2d 392 (Fla. Jan. 5, 2006).

Jury verdict returned in favor of Plaintiffs in Section 1983 litigation

September 2005

A District of Columbia jury has returned a $997,160 verdict against Re-Direct (which provided half-way house services to the D.C. government) after finding that its negligence resulted in the death of Kenneth Muldrow, a minor child in Re-Direct’s care who was represented by the firm. 

Unions and individual officers and employees seek advice on DOL reporting requirements

Summer-Fall 2005

Various international unions and scores of individual officers and employees have retained the firm for advice made necessary by the U.S. Department of Labor’s recent decision to require the filing of extensive financial disclosure reports. The firm also prepared comments on behalf of the AFL-CIO regarding the Department of Labor’s proposal to issue rules regarding the fiduciary obligations of union representatives.

Amicus brief filed on behalf of entertainment unions in landmark Supreme Court file-sharing case

June 2005

The U.S. Supreme Court ruled in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913(2005), that distributors of peer to peer file-sharing computer software (e.g., distributors of Grokster, Morpheus and KaZaA) can be held liable for the resulting copyright infringement. Bredhoff & Kaiser, PLLC filed an amicus brief in support of that result, on behalf of the American Federation of Musicians, the American Federation of Radio & Television Artists, the Directors Guild of America, the Screen Actors’ Guild and the Writers’ Guild of America West.