PLAINTIFF LAWYER DOES IT AGAIN

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Laws/Cases

Man Loses Leg in Grain Bin, Awarded $1.6 Million

A Pennsylvania jury has awarded $1.6 million to a local man who lost his leg in an accident while working in a grain bin in Kansas. The plaintiff slipped and fell while working in the bin, getting his leg caught by the drag chain in the conveyor system. The lawsuit contented that the makers of the conveyor system failed to provide adequate protection for workers in the grain bins and did not warn them of the risks of injury.  Staff Report, PR Newswire  05/31/2011

Read Article: PR Newswire     

Suit: Man's Arm Trapped in Subway Train Door

A New York man has filed a lawsuit against the Metropolitan Transportation Authority after his arm got caught in the door of a subway train in Brooklyn last August. The man claims he was forced to rip his arm out from the door - breaking it - before he was smashed into the platform wall. The plaintiff suffered multiple fractures in his left arm as well as bumps and bruises. The suit is seeking unspecified damages.  Oren Yaniv , New York Daily News  05/30/2011

Read Article: New York Daily News     

Man Files Suit After Being Tased by Patrol Officer

A Salt Lake City man has filed a lawsuit against a state trooper, claiming he was wrongfully Tased by the officer while he was sitting in his car during a traffic stop. The plaintiff claims the officer told him to step out of the car to take a sobriety test, but the man said he wished to speak to a lawyer before taking any tests. At this, the officer Tased the man, the lawsuit states. The officer used "excessive force" and violated the man's constitutional rights, the suit says.  Erin Alberty, The Salt Lake Tribune  05/30/2011

Read Article: The Salt Lake Tribune     

Wal-Mart Employees File Suit over Firings

Six former employees of Wal-Mart stores in Utah have filed a lawsuit against the retail giant, claiming they were unjustly fired for defending themselves at work. Three of the employees were involved in an incident where a shoplifter pulled a gun on them and they were forced to disarm him, the suit says. Wal-Mart policy says employees may not use force on shoplifters, but the lawsuit says this policy is out of date and does not provide workers and customers with any sense of security while shopping.  Roxana Orellana, The Salt Lake Tribune  05/28/2011

Read Article: The Salt Lake Tribune     

Products

Hewlett-Packard Recalls Additional Laptop Batteries

Hewlett-Packard has announced a recall of 162,600 Lithium-ion batteries used in laptops due to a risk of overheating and injury. The company said that since a similar recall was issued in May of last year, there have been 40 reports of batteries that have overheated and ruptured, in some cases causing severe burns. In total, HP has recalled 286,600 laptop batteries since May 2009.  Dwight Silverman, Houston Chronicle  05/31/2011

Read Article: Houston Chronicle     

Boston Scientific Corp. Recalls Imaging Catheters 

The Boston Scientific Corporation has announced a recall of its iCross Coronary Imaging Catheters after it was discovered that the catheter tips can detach during use. The catheters are used in intravascular ultrasound (IVUS) imaging. If detachment occurs, patients are at risk of "vessel wall injury, thrombotic events, retained foreign body, foreign body embolization, myocardial infarction and death."  Staff Report, PR Newswire  05/27/2011

Read Article: PR Newswire     

[smazza]

Laws/Cases

Suit: Cadet Assaulted by Soul Singer's Bodyguards

A cadet at the West Point Academy has filed a lawsuit against soul singer Patti LaBelle and members of her entourage after the cadet was allegedly assaulted by one of the bodyguards while at Bush Intercontinental Airport in Houston. The lawsuit claims the plaintiff was talking on his cell phone outside the airport near LaBelle's limousine when three of her bodyguards assaulted him. On Thursday, lawyers for the plaintiff produced security video from the airport showing the body guards pushing and punching the cadet. He was taken to the hospital for head injuries, the Houston Chronicle reported.  Allan Turner, Houston Chronicle  06/03/2011

Read Article: Houston Chronicle     

KPMG Discriminates Against Women, Suit Says

A former female employee at the accounting firm KPMG has filed a $350 million class-action lawsuit against the company, claiming the firm discriminates against women. According to the lawsuit, while women comprise nearly 50 percent of the company, only 18 percent of all KPMG partners are female. The suit also claims KPMG cut the plaintiff's salary by $20,000 without justification when she took maternity leave.  Terry Baynes, Reuters  06/03/2011

Read Article: Reuters     

New Georgia Immigration Law Challenged by Lawsuit

A new immigration law in Georgia, similar to the one in Arizona, has brought opposition from local civil rights groups in the form of a class-action lawsuit. The suit claims the new law, which is to take effect July 1, "endangers public safety [and] invites the racial profiling of Latinos, Asians and others who appear foreign to an officer." While the suit questions the constitutionality of the Georgia law, it does not target the portion of the bill requiring employers to use E-Verify to determine if potential employees can legally work in the U.S.  David Beasley, Reuters  06/02/2011

Read Article: Reuters     

Suit Against Gay Softball League Allowed to Continue

A federal judge has declined to toss out a lawsuit filed by three bisexual men who claim their softball team was disqualified from the 2008 Gay Softball World Series because they weren't "gay enough." The organization sponsoring the event has a rule allowing only two bisexual or heterosexual people to a team. The judge said the organization can keep its rule under the First Amendment, but he also stated that because the organization operated as a "public accommodation," it must comply with state anti-discrimination laws. The Seattle Times reported that as a result of the lawsuit, the association "changed its rules to include bisexual and transgender people."  Mike Carter, Seattle Times  06/02/2011

Read Article: Seattle Times     

Suit Filed over Fake Photos Posted on the Internet

A female Memphis news reported has filed a lawsuit against the website Thedirty.com for allegedly publishing fake provocative and nude photos of her. The lawsuit claims the site juxtaposed images of the plaintiff with those of a naked woman that was not the plaintiff. The $50 million lawsuit accuses the site of defamation, saying the plaintiff has a highly regarded reputation that was damaged by the photos.  Nina Mandell , New York Daily News  06/02/2011

Read Article: New York Daily News     

Products

Recall Issued of Gripper Shaker Musical Instruments

The Consumer Product Safety Commission has announced a recall of about 9,400 Gripper Shaker musical instruments due to potential laceration hazards. The agency reported that the handle can detach from the shaker, "exposing a rough edge and posing a laceration hazard." There has been one report of detachment occurring, but there were no injuries.  Staff Report, PR Newswire  06/02/2011

Read Article: PR Newswire 

[smazza]

CAALA Eclips

• CAALA Home • Search Litigation Bank • About  June 06, 2011

-  County Pays $1 Million to Settle Inmate Death Suit

-  Diabetic Files Suit over Coffee with Real Sugar

-  Michaels Hit with Two Lawsuits over Customer Info

-  SimplyThick Products Recalled

-  Beeni Baby Hats Recalled

-  Toyota Recalls 52,000 Priuses in the U.S. 

   

This Service Sponsored Exclusively by

The James Street Group A Member Service of

Consumer Attorneys Association of Los Angeles

 

Announcements

Judicial Roundtable & Reception

Tuesday, June 21, 2011

You’re invited to an informalreception with CAALA Members and all invited LASC judges. Reception to befollowed by a program featuring a roundtable discussion with judges discussingvarious topics such as handling tentatives, oral arguments, voir dire, movingyour case forward and answering questions from the audience.

» Register Online 

Webinar: Lumbosacral Anatomy - Appreciating the Value of a Bad Lower Back

Tuesday, June 28, 2011

Today's personal injury trial lawyers must be proficient in basic anatomy and physiology – at least insofar as their clients' injuries are concerned. Many claims involve low back injuries, and before you can facilitate a resolution, you must understand the root cause of harm and its consequences.

» Register Online 

Laws/Cases

County Pays $1 Million to Settle Inmate Death Suit

Oklahoma County agreed to a $1 million settlement last month in a lawsuit filed by the estate of an inmate who died in jail in 2007 after a struggle with prison guards. The man appeared to have a seizure while in his cell, but the medical examine determined he died from blunt forced trauma to the head, presumably caused by one of the guards, the suit claimed. One of the guards associated with the incident was sentenced to six months in prison for using "excessive force" on the inmate.  Nolan Clay, NewsOK.com  06/06/2011

Read Article: NewsOK.com     

Diabetic Files Suit over Coffee with Real Sugar

A Pennsylvania woman has filed a lawsuit against a local Dunkin' Donuts shop, claiming they put real sugar in her coffee instead of artificial sweetener, sending her into diabetic shock. The plaintiff claims she unknowingly drank the coffee, immediately became ill and was forced to go to the hospital. Her lawsuit is seeking unspecified damages.  Dave Warner, Reuters  06/03/2011

Read Article: Reuters     

Michaels Hit with Two Lawsuits over Customer Info

Two lawsuits have been filed against the retail chain Michaels Stores Inc. claiming the stores failed to protect customers credit card information and pin numbers. Store officials recently announced that Illinois store checkout-line PIN pads had been tampered with. The lawsuits are seeking class-action status and claim that the tampering potentially allowed third parties to access and use customer information and bank accounts.  Becky Yerak, Chicago Tribune  05/31/2011

Read Article: Chicago Tribune     

Products

SimplyThick Products Recalled

Simply Thick, LLC has announced a recall of all thickening gel products manufactured at its Georgia plant since June 2009. The recall was issued after officials with the Food and Drug Administration advised the company that they failed to file a proper scheduling process. The FDA issued a warning last month telling parents not to give SimplyThick® brand thickener to infants born before 37 weeks gestation.  Staff Report, PR Newswire  06/04/2011

Read Article: PR Newswire     

Beeni Baby Hats Recalled

Minnesota company Kahn Enterprises has issued a recall of 35 Beeni Baby hats with pacifier straps due to the risk of asphyxiation associated with the products. The hats have straps that hold the pacifier in the baby's mouth, and can cause the baby to choke upon vomiting. The hats were sold on the Beeni Baby website January 2009 through May 2011.  Staff Report, United Press International  06/03/2011

Read Article: United Press International     

Toyota Recalls 52,000 Priuses in the U.S. 

Toyota has issued a global recall of their Prius model, years 2001-2003, including 52,000 vehicles recalled in the U.S. The company announced the recall after it was discovered that, over time, drivers may notice a loss of steering power when making left turns. Toyota officials have said they have received one unconfirmed report of a minor accident that may be related to the recall.  Christopher Jensen, The New York Times  06/01/2011

Read Article: The New York Times   

[Guest nybullsfan]

Diabetic Files Suit over Coffee with Real Sugar

A Pennsylvania woman has filed a lawsuit against a local Dunkin' Donuts shop, claiming they put real sugar in her coffee instead of artificial sweetener, sending her into diabetic shock. The plaintiff claims she unknowingly drank the coffee, immediately became ill and was forced to go to the hospital. Her lawsuit is seeking unspecified damages.  Dave Warner, Reuters  06/03/2011

This is why we need tort reform.

Hey lady, if you know you're that much at risk, WTF are you doing allowing ANYONE to mix your coffee for you?!?!?!?!

Be responsible and mix your own **** coffee, FFS!

[smazza]

TORT deform

why would dd serve coffee with anything in it but COFFEE???? SOUNDS LIKE A WINNER

[smazza]

Laws/Cases

Shareholder Suit Filed Against Sachs Ex-Director

A shareholder has filed a lawsuit against former Goldman Sachs Director Rajat Gupta over insider trades Gupta made with the founder of the Galleon hedge fund. The lawsuit claims Gupta failed to disclose "the details of his conduct and relationship" with the hedge fund owner and demands Gupta "disgorge all profits from those trades to issuer Goldman Sachs." The hedge fund owner was convicted of securities fraud and insider trading last month.  Grant McCool, Reuters  06/06/2011

Read Article: Reuters     

Suit Against Seattle Archdiocese to Proceed

A Washington appeals court has ruled that a lawsuit against the Seattle archdiocese can proceed, overturning the decision of a lower court. The lawsuit, filed by a local woman, alleged an archdiocese priest arranged a situation in which the woman, a young girl at the time, would be sexually abused by a friend of the priest. The suit also claims the priest has a history of alcoholism and sexual misconduct.  Scott Sunde, Seattle Post-Intelligencer  06/06/2011

Read Article: Seattle Post-Intelligencer     

Denver City Council Approves Lawsuit Settlement

The Denver City Council has approved a $117,500 settlement in a lawsuit filed by a man who was allegedly beaten by police officers in 2008. The plaintiff alleged in his suit that he was beaten by either a flashlight or club by two local police officers. The settlement was approved 8-3 by the council.  Staff Report, Denver Post  06/07/2011

Read Article: Denver Post     

Products

American Regent Recalls Injection Vials

American Regent has issued a recall of one lot of Methyldopate HCL injections due to visible glass particles present in the vials. The medication is used to treat hypertension, but the company warned consumers that using the products can result in the disruption of blood flow in blood vessels and cause inflammation. There have been no reports of adverse affects associated with the product.  Staff Report, PR Newswire  06/06/2011

Read Article: PR Newswire     

Sewing Machines Recalled over Fire Risk

The Consumer Product Safety Commission has announced a recall of 600 Elna sewing machines imported by Janome America Inc. The agency said the wires in the machines can short circuit unexpectedly and a fire can potentially start. There has been one report of a sewing machine catching fire but no personal injuries or property damage was reported.  Staff Report, Fort Wayne Journal-Gazette  06/02/2011

Read Article: Fort Wayne Journal-Gazette     

Unnamed Drug Prompts Male Enhancement Recall

Global Wellness, LLC has announced a recall of their Via Xtreme Ultimate Sexual Enhancer Dietary Supplement due to the presence of an undeclared drug in the product. The product contains sildenafil, the active ingredient in a Food and Drug Administration-approved drug for erectile dysfunction. However, it is not listed on the product's label and can have adverse affects in users taking certain prescription medications. There have been no illnesses reported in association with the product.  Staff Report, PR Newswire  06/07/2011

Read Article: PR Newswire     

[smazza]

Laws/Cases

Two Railroad Companies Accused of Price Fixing

A lawsuit has been filed against two railroad companies accusing them of conspiring together to drive up the cost of shipping coal and other products. The suit, filed against Burlington Northern Santa Fe Railroad Co. and Union Pacific Railroad Co., claims the companies have been working together since 2003 to "fend off competition for freight services and increase transportation costs." The lawsuit states the companies violated federal antitrust laws and demands they pay triple damages for freight overcharges.  Karen Gullo, Bloomberg  06/07/2011

Read Article: Bloomberg     

Two California Cities Accused of Racial Bias

A lawsuit has been filed in California against the cities of Lancaster and Palmdale, claiming they have been forcing low-income Latinos and African-Americans out of the cities. Hundreds of families have lost federal housing assistance after officers executed surprise "compliance checks" of the programs. The suit claims these checks were racially motivated, as 85 percent of the people in the programs were minorities. The suit also says the raids happened with armed officers, creating an atmosphere of fear in minority areas.  Carol J. Williams and Ann M. Simmons, LA Times  06/08/2011

Read Article: LA Times     

San Diego Settles Suit over Motorcycle Death

The city of San Diego has agreed to a $1.8 million settlement with a local family over the death of a motorcyclist in April 2009. The lawsuit claimed the city could have prevented the accident by installing a traffic signal at the intersection where the incident occurred. Records show that a dozen accidents occurred at that intersection between 2006 and 2009.  Craig Gustafson, San Diego Union Tribune  06/07/2011

Read Article: San Diego Union Tribune     

Rough and Unwarranted Strip Search Prompts Suit

A lawsuit has been filed against employees at a Clay County, Ky. jail over an illegal strip search. The lawsuit claims the plaintiff was subject to a "rough, painful rectal and vaginal cavity search" that was completely unwarranted. The suit also claims the officers used racial slurs toward the plaintiff, and she claims her initial arrest was also unjust.  Bill Estep, Lexington Herald-Leader  06/08/2011

Read Article: Lexington Herald-Leader     

Products

Air Exchangers Recalled Due to Fire Risk

The Consumer Product Safety Commission has announced the recall of 1,400 Venmar Ventilation Air Exchangers due to fire hazards. The agency announced this week that the motor in the air exchangers can overheat, posing a fire risk. There have been nine reports of fires and property damage as a result of overheating motors, but all occurred outside the U.S.  Staff Report, PR Newswire  06/07/2011

Read Article: PR Newswire     

Beads, Bracelet Kits Recalled over Lead Content

The Consumer Product Safety Commission has announced a recall of 75,000 beads and ribbon bracelet kits by American Girl Crafts. The agency reported that the surface coating on the products contains higher levels of lead than what is approved by federal law. There have been no injuries reported in association with the products.  Staff Report, PR Newswire  06/07/2011

Read Article: PR Newswire     

[smazza]

Laws/Cases

Suit Filed Against Texas CPS by Employees

A lawsuit has been filed against the Texas Department of Family and Protective Services by 800 current and former employees that claims the department forced them to work off the clock without overtime pay. The lawsuit claims the department owes the employees over $1 million in back wages. According to the suit, "supervisors instruct employees not to record all hours they work" and "payroll records are not kept."  L.M. Sixel, Houston Chronicle  06/08/2011

Read Article: Houston Chronicle     

Suit: Non-Working Stoplight Caused Fatal Crash

A Houston woman has filed a lawsuit against CenterPoint Energy, claiming the company and others are responsible for a two-car accident that killed her eight-month-old daughter in May. According to the lawsuit, the stoplight at the intersection where the accident occurred was not working due to maintenance by the company, which led to the accident. "The sole reason this accident happened was because they didn't advise anyone nor did they take steps to control the traffic once they turned out the lights," the plaintiff's lawyer told the Houston Chronicle. The suit is seeking unspecified damages.  Anita Hassan, Houston Chronicle  06/08/2011

Read Article: Houston Chronicle     

Wells Fargo Settles Gender Bias Lawsuit

Wells Fargo has agreed to a $32 million settlement in a class-action lawsuit filed by female employees against the bank's subsidiary, Wachovia Securities LLC. The lawsuit alleged Wachovia had "systemically denied equal employment opportunities to its female financial advisers, keeping women from moving into more 'prestigious roles' or management positions." Bloomberg reports that the average payout for each plaintiff will be around $18,000.  Tom Schoenberg, Bloomberg  06/08/2011

Read Article: Bloomberg     

Products

Bicycle Carrier Racks Recalled

The Consumer Product Safety Commission has announced a recall of about 100 carrier racks for mounting over front bicycle wheels. Imported by Quality Bicycle Products, the agency said that the mounting bracket can break, sending the rack into the front wheel and potential creating a fall hazard for the bike's rider. There has been one report of the rack breaking, resulting in minor cuts and injuries.  Staff Report, PR Newswire  06/08/2011

Read Article: PR Newswire     

Kashi Announces Frozen Pizza Recall

Natural foods company Kashi has announced a recall of select frozen pizzas after it was discovered that plastic fragments could have been baked into the crust. The recall encompasses 11,000 cases of frozen pizzas, including Mediterranean Thin Crust Pizza, Roasted Vegetable Thin Crust Pizza, and Mushroom Trio and Spinach Thin Crust Pizza styles. There have been no customer reports of injuries or illnesses associated with the recalled products.  Penni Crabtree, San Diego Union Tribune  06/08/2011

Read Article: San Diego Union Tribune     

Chicken-Feed Drug Pulled from U.S. 

The U.S. Food and Drug Administration has announced that the chicken-feed drug 3-Nitro will be discontinued in the U.S. due to high levels of arsenic found in chickens fed the chemical. During a study, the agency found that chickens given the drug had a higher level of "inorganic arsenic" in their livers than chickens not given the drug. However, the F.D.A. did stress that the amount poses no real threat to humans.  Marissa Cevallos, LA Times  06/09/2011

Read Article: LA Times     

[smazza]

Laws/Cases

Boy's Death in Massachusetts Mall Prompts Suit

A Massachusetts family has filed a lawsuit against the companies that installed and maintained an escalator at Auburn Mall over the death of the family's four-year-old boy. In March, the boy was pulled into a gap between the escalator and a plexiglass barrier, and he fell a story down to the ground below. The suit alleges the companies involved failed to install a small barrier to close the gap in 2009, despite it being called for in the plans and permits issued by the city. The lawsuit is seeking unspecified damages.  John R. Ellement and Martin Finucane, Boston Globe  06/09/2011

Read Article: Boston Globe     

Suit: Firefighters Sexually Assaulted Volunteer

A lawsuit has been filed against members of the Piermont, Ny., fire department that claims they sexually assaulted a 17-year-old boy during a hazing ritual last summer. According to the suit, the boy, a volunteer for the department, was "held against [his] will and forced to place [his] hand upon and fondle the genitals of other firefighters." The lawsuit is seeking unspecified damages.  Jane Lerner and James O'Rourke , Rochester Democrat & Chronicle  06/10/2011

Read Article: Rochester Democrat & Chronicle     

Fremont Police Targeted in Wrongful Death Lawsuit

A California family has filed a lawsuit against the Fremont police department and the city over a fatal shooting that left one of their family members dead. Police responded to a local apartment complex, believing the victim was going to harm his estranged wife, the suit claims. After busting into the home, police shot the man in the back and arms and in the chest with a shotgun, the lawsuit states, and "concocted" a story involving danger to cover up their unnecessary actions. The suit is seeking unspecified damages.  Henry K. Lee, San Francisco Chronicle  06/10/2011

Read Article: San Francisco Chronicle     

Largest Single-Victim Harassment Suit Settled

A woman in St. Louis has been awarded $95 million in a sexual harassment lawsuit against The Aaron's Inc., believed to be the largest harassment verdict for a single individual in the country. The lawsuit claimed the woman was subjected to increasingly violent and damaging forms of sexual assault by her supervisor over the year or so after she was hired in October 2005. The jury found Aaron's liable for "negligent supervision, sexual harassment and intentional infliction of emotional distress."  Robert Patrick , St. Louis Post Dispatch  06/10/2011

Read Article: St. Louis Post Dispatch     

Jury Awards $30 Million in Boating Accident

A California jury awarded $30 million to a local woman who was severely injured in a boating accident on Lake Oroville five years ago. The woman was thrown from the boat she was riding in and cut across the forehead by the propeller, fracturing her skull and ripping out her left eye. The jury determined that the boat manufacturer, MasterCraft Boat Co., was mostly responsible for the accident due to design flaws that caused the front of the boat to submerge during a turn.  Andy Furillo, The Sacramento Bee  06/08/2011

Read Article: The Sacramento Bee     

Products

GlaxoSmithKline Recalls Medication in Hong Kong

GlaxoSmithKline Plc has issued a recall of its pediatric antibiotic Augmentin in Hong Kong due to a high level of the chemical Diisodecyl phthalate (DIDP). While data regarding the consumption of DIDP and its affects in humans in unclear, animal studies suggest "long-term consumption of high levels of DIDP may affect the liver."  Staff Report, Reuters  06/09/2011

Read Article: Reuters     

Volvo Recalls Cars to Fix Fuel Pump Problem

Automaker Volvo has issued a recall of 7,558 S60 sport sedans to fix problems with the fuel pumps and fuel pump software. The company reported that "the fuel pump software may not be compatible with all the fuel pumps in some cars and may not deliver fuel properly." This may cause the engine to stall as if it had run out of gas.  Jonathan Welsh, WSJ Blogs  06/08/2011

Read Article: WSJ Blogs     

[BullFan98]

Smazza - I take it you are a PI attorney?  Where do you practice?