mohawk industries

mohawk industries: Page 1

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Sotomayor uses "undocumented immigrant" in Supreme Court opinion; never happened before - 12/09/09

From this:

In an otherwise dry opinion, Justice Sotomayor did introduce one new and politically charged term into the Supreme Court lexicon.

Justice Sotomayor’s opinion in the case, Mohawk Industries v. Carpenter, No. 08-678, marked the first use of the term "undocumented immigrant," according to a legal database. The term "illegal immigrant" has appeared in a dozen decisions.

This is a relatively minor issue, but expect things to get worse and maybe even much worse. At this point in time, it's worth looking back at those who basically took a fall after she was nominated; that will be covered in a future post.

Note that while the case in question concerns illegal aliens, this was a procedural issue; see this and this.

"Mohawk Industries accused of witness tampering" - 04/07/07

From this:
An emergency hearing has been requested to determine if Mohawk Industries tampered with potential witnesses in a federal lawsuit.

The Calhoun-based carpet manufacturer is accused of "widespread employment of illegal workers" in order to drive down wages and workers compensation claims at their Northwest Georgia plants. former employee and one current employee have stepped forward saying they have been subject to intimidation and threats aimed at stopping them from testifying in the case.

Presiding judge Harold L. Murphy is expected to decide Monday if an emergency hearing is needed to address the claims, according to court officials.
Mohawk Carpet RICO class action suit can proceed
Businesses worried about being sued for hiring illegal aliens
Are you a lawyer who likes money?
"Forging a New Use for Civil RICO"

Mohawk Carpet RICO class action suit can proceed - 10/04/06

As previously discussed, several American workers are suing Mohawk Carpet under RICO (the Racketeer Influenced and Corrupt Organizations Act), claiming that that major carpet manufacturer conspired to replace them with illegal aliens.

The U.S. Eleventh Circuit Court of Appeals recently ruled in the plaintiff's favor regarding a technical matter, so the case can proceed.

Legal details here, non-technical overview here:

Former and current workers at Dalton-based Mohawk Industries claim they received lower wages than workers at other companies in the Dalton area, which is known as the ``Carpet Capital of the World'' and home to carpet plants for Shaw Industries, Interface and other companies.

Businesses worried about being sued for hiring illegal aliens - 02/15/06

From this:
Employers who hire illegal immigrants to depress wages have something new to fear: Employees who use racketeering laws to take them to court.

A law originally conceived to hammer the Mafia – the Racketeer Influenced and Corrupt Organizations statute – is now being swung against employers at chicken-plucking plants, apple orchards and janitorial firms.

In April, the U.S. Supreme Court is expected to hear a Georgia racketeering case involving carpet giant Mohawk Industries Inc., its employment practices and allegations that it used labor recruiters in Brownsville.

The case is being closely watched by many employment law specialists – particularly in areas such as North Texas with large illegal immigrant populations – because it could trigger a rash of costly suits against businesses that depend on illegal labor.

A handful of similar suits have already been filed under RICO, and last month a judge approved a $1.3 million settlement in one of them...

Because so many of the RICO suits are brought in areas that hire large numbers of Hispanics, [Mohawk attorney Juan Morillo] said the issue should be of concern to the Hispanic community as a whole...

...The U.S. Chamber of Commerce filed a brief in support of Mohawk. So did Associated Builders & Contractors, a powerful trade group.

"This case is about RICO, which was initially used to go after the mob, and now it is being expanded by smart plaintiff lawyers to go after employers who have nothing to do with the mob," said Amar Sarwal, general counsel of the National Chamber Litigation Center, the public policy law firm of the U.S. Chamber...

Are you a lawyer who likes money? - 06/14/05

Tired of PI? Want to make a difference? Maybe even start a political career?

Please take a look at "11th Circuit OKs RICO Suit Involving Illegal Aliens". Mohawk Industries Inc., a very large manufacturer of carpets and flooring, is accused of working with employment agencies to hire illegal aliens with the intent of depressing the wages of their American workers. They're being sued using RICO, the Racketeer Influenced and Corrupt Organizations Act.

"Forging a New Use for Civil RICO" - 09/09/04

Lawyer? Like money? Look here:

Despite a string of defeats before federal trial judges, Howard W. Foster has doggedly pressed on with a type of litigation he pioneered: using RICO to target companies that allegedly hire undocumented workers for the purpose of driving down wages...

[He's brought] five Racketeer Influenced and Corrupt Organizations Act suits since 1999, usually on behalf of employees with valid work authorization. Four were dismissed at an early stage by trial judges. But in three of those cases, Foster has persuaded federal appellate courts to reinstate his suits.

Last month, for instance, the 6th U.S. Circuit Court of Appeals gave the green light to Foster's lawsuit against poultry giant Tyson Foods Inc. of Springdale, Ark. Trollinger v. Tyson Foods Inc., No. 02-6020.

In April, Foster won his first victory in a district court. Judge Harold Murphy of the Northern District of Georgia denied a motion to dismiss brought by Mohawk Industries Inc., a Calhoun, Ga., maker of rugs and carpets. Williams v. Mohawk Industries Inc., No. 04-CV-0003...

There are more legal links here and here.