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Immigration
See other Immigration Articles

Title: Lawsuit Settled -
Source: Blog
URL Source: [None]
Published: Jan 3, 2006
Author: Don't know
Post Date: 2006-01-03 17:47:59 by eyeswideoopen
Keywords: Lawsuit, Settled
Views: 75
Comments: 1

We finally won one -

This is the best news I've had all day.... I especially like this:

"The result: blood in the water that will attract the attention of America's shark-like plaintiff bar to the employers of illegal aliens. The Zirkle case is small, but the precedent it sets is huge."

http://p220.ezboard.com/f631politicsfrm16.showMessage?topicID=1295.topic

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#1. To: eyeswideoopen (#0)

here's the story in the Yakima Herald:

http://www.yakima-herald.com/page/dis/329979269647027

Zirkle settles job suit By LEAH BETH WARD YAKIMA HERALD-REPUBLIC

William Zirkle has agreed to pay $1.3 million to settle a lawsuit accusing him and two other executives at the Selah-based fruit company of conspiring to hire thousands of illegal immigrants in order to keep wages low.

The executives admitted no wrongdoing in the settlement. The corporation, Zirkle Fruit, was not a defendant.

"Mr. Zirkle knows no one did anything wrong," Ryan Edgley, his lawyer, said Thursday. "Mr. Zirkle primarily wanted to put an end to the uncertainty."

The case was set for trial Jan. 9 before U.S. District Court Judge Fred Van Sickle.

Edgley said the defendants were concerned that even if they prevailed before a jury, the plaintiffs would appeal and the legal defense bills would continue to mount.

"Frankly my client's confidence in the system was shaken in this case," Edgley said.

Had Zirkle lost at trial, he and the other defendants, Gary Hudson and William Wangler, could have faced triple damages under the federal Racketeer Influenced and Corrupt Organizations Act (RICO).

The case obtained class-action status in 2004, which increased the number of legal workers potentially eligible for damages to 20,000,

Chicago lawyer Howard Foster filed the case in 2000 using RICO in a novel way. Although Van Sickle dismissed the case in 2001, Foster won at the 9th Circuit Court of Appeals in 2002.

Foster could not be reached for comment Thursday. But he told a local radio station that the settlement was unique among the types of immigration cases he has brought.

Foster, who writes occasionally for an anti-immigration Web journal called http://VDARE.com, is using RICO with mixed results. The U.S. Supreme Court could bring some certainty to the matter next year when it hears a case against Mohawk Industries. The Georgia carpet company is accused of hiring illegal workers and depressing the wages of legal workers.

Edgley said he wanted to go to trial and thinks the settlement will encourage Foster to sue more employers just to get them to settle.

"I was confident we were going to win," he said. "This only emboldens him to continue with what is really just a misuse of the system, in my opinion."

* Leah Beth Ward can be reached at 577-7626 or lward@yakimaherald.com.

********************

This is huge.. for so many companies are being forced to hire illegals in order to compete.. so now they have recourse ..

Zipporah  posted on  2006-01-03   17:54:42 ET  Reply   Trace   Private Reply  

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