Lawsuit

2013: The Year in Review

The year 2013 will be remembered for its political turmoil, local and nationwide. A former county supervisor went to jail and the spotlight subsequently landed on his political buddy, a San Jose councilman. The Supreme Court ruled that same-sex couples have the right to get married, and the president lied to the nation about domestic spying. San Jose Inside runs down the list of stories that caught our attention this year.

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Reed Offers Cover to Measure B with State Pension Reform Measure

Mayor Chuck Reed is a good lawyer. That’s why his pension reform proposal for the city of San Jose made no sense. And that’s also why he’s moving forward with a statewide petition to change the state Constitution. It is the biggest admission we have to date that Reed understands the legal flaws to San Jose’s pension reform initiative, which voters passed last year.

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San Jose’s Lawsuit against Major League Baseball Takes a Hit

A federal judge on Friday dismissed most of San Jose’s lawsuit against Major League Baseball, which accused the league of flouting antitrust laws by delaying a proposed move of the Oakland A’s to the South Bay. U.S District Judge Ronald M. Whyte said San Jose could go ahead with claims that MLB got in the way of an option agreement between the city and the A’s over property for a new stadium. That means the city could still pursue billions of dollars in damages, but has to back down on a court order to allow the A’s to move to San Jose.

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Council Considers Historic Landmark Designation for Ken Ying Low

A nearly 100-year-old Chinese restaurant may get a historic designation, protecting it from new development. The City Council on Tuesday will vote whether to make Ken Ying Low an official historic landmark. Located at 625 N. Sixth St. in Japantown, the building is the last vestige of what was once a Chinese neighborhood. Other items on the council agenda include a $154,000 contract for a company to count trees in San Jose and stricter requirements for healthy options in city-owned vending machines.

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San Jose Officials Blame Bud Selig for Antitrust Lawsuit

More than four years have passed since Major League Baseball Commissioner Bud Selig formed a committee to study the best places for the Oakland A’s to play ball. But what’s the point of studying something if that knowledge is never put to the test? On Tuesday, the city of San Jose called time and filed a federal lawsuit challenging MLB’s antitrust exemption, part of which prevents teams from relocating without approval of the league and other team owners.

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Sam Liccardo: Why San Jose Sued Major League Baseball

Original Joe’s has become a San Jose institution by serving the best eggplant parmesan in the Bay Area for over 50 years. It has thrived in Downtown San Jose because their owners, the Rocca family, like so many other San Jose businesspeople, know what it takes to compete. As they compete for the loyalty of their patrons, Original Joe’s has helped to support the college tuitions and mortgages of generations of cooks and wait staff.

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‘Patient Dumping’ Victim Files Lawsuit with Help of ACLU

A schizophrenic man bused with a one-way ticket, no cash and a few-days-supply of meds from Las Vegas to Sacramento earlier this year has filed a federal class action lawsuit against the state agencies he says abandoned him and at least 1,500 other mentally ill patients. Those patients were bused to nearly every state in the nation, many to major cities like San Francisco, Los Angeles and San Jose.

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Gaming Cop Breaks Silence on Casino M8trix Dispute

San Jose’s top casino cop has had enough. In his first interview since Casino M8trix filed lawsuits in February against the city of San Jose, Richard Teng, the San Jose Police Department’s gaming administrator, called accusations against him “a political nightmare.” There is history in this dispute.

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Lawsuit ‘Victory’ a Double-Edged Sword

The “victory” claimed by certain union members by suing the city over the word “reform”—as in “pension reform,” known as Measure B for the June ballot measure—may have actually jeopardized a future tax increase to fund their own jobs. The removal of the wording, “essential city services including neighborhood police patrols, fire stations, libraries, community centers, streets and parks,” was included in the ruling and cannot be used as a way for the city to lure residents into supporting higher taxation.

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New Court Complaint over Measure B

UPDATE: The California Superior Court set a hearing for Monday, April 2, to rule on competing lawsuits regarding Measure B.—Editor

Councilmember Pete Constant and Ballot Measure B’s campaign treasurer, Ben Roth, plan to file their own complaint in California Superior Court on Friday morning. Their petition claims opponents of the pension and benefits reform ballot measure used false and misleading statements in their arguments. The filing comes almost a week after labor unions filed their own lawsuit over ballot language. A judge could rule on both the unions’ lawsuit and the more recent petition ahead of the scheduled April 3 hearing.

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Unions File Lawsuit over Ballot Language

A judge ruled in favor of attorneys representing city workers Monday to hold an expedited hearing on April 3 about the language of Measure B, the pension and benefits reform ballot measure. The ruling comes on the heels of a lawsuit filed Friday in California Superior Court that claims the ballot question violates the Election Code because it does not contain impartial and non-argumentative language, as the law requires.

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