PLAINTIFF LAWYER DOES IT AGAIN

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Laws/Cases

Kia to Pay $40 Million in Wrongful Death Suit

An Alabama jury has awarded $40 million to the family of a 16-year-old girl who died in a 2004 car wreck when her seat belt came unlatched and she was ejected from her vehicle. Kia, the manufacturers of her vehicle, had known for years that certain model lines of their vehicles had defective seat belts, the lawsuit stated. In December 2002, Kia recalled numerous vehicles from their 1995-1998 lines with defective seat belts, but failed to recall vehicles from their 1999-2000 lines. The girl was driving a 1999 Kia Sephia.  Staff Report, PR Newswire  06/27/2011

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Government Can't Restrict Video Games, Court Rules

The U.S. Supreme Court recently issued a ruling that the government does not have the authority to "restrict the ideas to which children may be exposed" in this case regarding violent video games. The ruling shot down a potential California law that would have prevented children under 18 from buying or renting games that allow "killing, maiming, dismembering or sexually assaulting an image of a human being."  Staff Report, Ft. Worth Star Telegram  06/28/2011

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Lawsuit Filed Against Frat over Hazing Death

A New York woman has filed a lawsuit against the Cornell University chapter of the Sigma Alpha Epsilon fraternity after her son died of alcohol poisoning at the fraternity house. The lawsuit claims the student was kidnapped by fraternity members, had his hands and feet bound and was forced to drink alcohol until he passed out. An autopsy revealed the boy's blood-alcohol-content was .409, more than five times the legal limit to drive in New York.  Anahad O'Connor, The New York Times  06/27/2011

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Suit: Woman Fired for Wearing Islamic Head Scarf

A California woman has filed a lawsuit against Abercrombie & Fitch, claiming she was fired from a Hollister store after refusing to remove her headscarf, which she wears as a member of the Islamic faith. According to the lawsuit, managers at her store allowed the plaintiff, who worked in the stock room, to wear the hijab as long as it was in Hollister colors. A visiting manager, however, demanded she remove the scarf and fired her when she refused, the suit says. The plaintiff is seeking unspecified damages.  Tim Feran, Columbus Dispatch  06/28/2011

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Products

Purina Issues Recall of Dry Cat Food

Nestle Purina PetCare Company has issued a recall of 870 bags of dry cat food due to the risk of salmonella contamination. The affected products come in 6.3 lb., 3.15 lb. and 16 lb. bags, and were distributed in error this February, the company said. The bags were distributed to Colorado, Idaho and Oregon.  Staff Report, PR Newswire  06/27/2011

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Medications with Wrong Labels Recalled

Qualitest Pharmaceuticals has issued a recall of Butalbital, Acetaminophen, and Caffeine tablets that were incorrectly labeled. The bottles were found to be labeled as Hydrocodone Bitartrate and Acetaminophen tablets. Taking Butalbital unintentionally could result in adverse side effects. The bottles were distributed between November 2009 and April 2010 to wholesale and retail pharmacies nationwide.  Staff Report, Kansas City Info Zine  06/27/2011

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Laws/Cases

Ohio Power Company Ordered to Pay $5.671 Million

An Ohio jury has awarded $5.671 million to a local man who was injured in an explosion at an AEP plant in January 2008. The explosion was caused by dangerous conditions on one of the plant's hydrogen tanks, and the jury ruled the company "acted with a deliberate intent to cause harm" to the plaintiff after it was discovered that a similar explosion happened at another plant 15 months earlier. The lawsuit claimed the company took no actions after the first explosion to increase safety at its other plants.  Kyla Asbury, West Virginia Record (C of C Publication)  06/27/2011

Read Article: West Virginia Record (C of C Publication)     

DOJ Files Employee Discrimination Lawsuit

The U.S. Justice Department has filed a lawsuit against Kansas City-based Farmland Foods Inc. over alleged discriminatory practices in hiring employees. The lawsuit claims the company requires non-U.S. citizens to provide more work documentation than mandated by federal law. Under the Immigration and Nationality Act, employers are required by law to "treat all authorized workers in the same manner during the hiring process."  Diane Stafford, Kansas City Star  06/28/2011

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Suit Filed over Amtrak Crash that Killed Six

A 38-year-old Amtrak attendant has filed a lawsuit against a trucking company after one of its truck crashed into an Amtrak train in Nevada, killing six people. The plaintiff claims in her lawsuit that the driver of the truck "negligently and carelessly failed to heed railroad warning signs" before crashing into the train. Safety investigators said skid marks at the scene show the driver slammed on his breaks about 100 yards before the railroad crossing, but they say it is unclear as to why he did not slow down earlier.  Timothy Pratt, Reuters  06/28/2011

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Products

Musty Odor Prompts Tylenol Caplet Recall

Johnson and Johnson has issued a recall of 60,912 bottles of Extra-Strength Tylenol caplets due to a "musty, moldy odor" coming from the bottles. The company reported the odor could be caused by a preservative used to treat the wood pallets that transport the products. The chemical is not toxic but it can cause gastrointestinal irritation.  Katherine Hobson, WSJ Blogs  06/28/2011

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Seafood Salads Recalled for Undeclared Allergen

Risvold's Salads Inc. has issued a recall of its seafood salad and seafood pasta salad products due to an undeclared allergen. The company issued a recall when it was discovered the products may contain undeclared milk, sunflower, sesame and soy. While no illnesses have been reported as of yet, the company did recommend customers with allergies or sensitivities to those ingredients to avoid the recalled products.  Staff Report, PR Newswire  06/28/2011

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Dresses Recalled after Failed Flammability Tests

The Consumer Product Safety Commission has announced a recall of 2,100 dresses imported by Topson Downs of California due to failed flammability standards. The products, sold at Macy's department stores across the country from March to May of this year, "fail to meet the federal flammability standard for wearing apparel," the agency reported. There have been no injuries reported in association with the recalled products.  Staff Report, PR Newswire  06/28/2011

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[Jihme]

i'm still waiting for some dope to drop hot coffee on me so i can retire....

[smazza]

Laws/Cases

BART Pays $1.3 Million in Fatal Shooting

The San Francisco Bay Area Rapid Transit (BART) has agreed to pay $1.3 million to a local woman whose son was shot and killed by an officer more than two years ago. The man was traveling home on a rail car when a fight broke out, the lawsuit stated. He was lying face down on a rail platform unarmed when an officer fatally shot him. The Los Angeles Times reported the officer believed he was drawing his Taser and not his pistol.  Maria L. La Ganga, LA Times  06/29/2011

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Kansas City Settles Discrimination Lawsuit

Kansas City has agreed to settle a $2.8 million lawsuit with two former city budget analysts who had accused the city of discrimination. The plaintiffs, both female, claimed they were treated differently because of their gender and were let go because of this fact. The city, however, claimed the plaintiffs' dismissals came during a tough economic time, when the city had to lay off 75 employees.  Lynn Horsley, Kansas City Star  06/29/2011

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Suit: Osteoporosis Drug Causes Brittle Bones

A Hawaiian woman has filed a lawsuit against drugmaker Merck & Co. over the drug Fosamax, claiming long-term use of the drug contributed to the breaking of her thigh bone. Fosamax, which is used to treat osteoporosis, makes bones more brittle after long-term use, the lawsuit claims. The plaintiff had been taking Fosamax since 2001.  Kristen Consillio , Honolulu Advertiser  06/30/2011

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Products

Children's Play Sets Recalled Due to Wood Rot

The Consumer Product Safety Commission has announced a recall of children's wooden play sets sold at retailers across the country. The products, sold under various brand names including Bellevue, Bellevue II, Belmont and Durango, have wooden posts that can become weak due to rotting, posing fall hazards. The play sets were sold at Walmart, Toys R Us and other major retailers.  Lesley Mitchell, The Salt Lake Tribune  06/29/2011

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Toyota Recalls Hybrid SUVs 

Toyota Motor Corp. has issued a recall of about 82,200 hybrid sport-utility vehicles to correct an electrical problem in the vehicles. The recall covers 2006 Highlander Hybrid and Lexus RX 400h models. The company reported that certain transistors in the vehicles can overheat and blow, causing the vehicle to lose power or stop running.  Jonathan Welsh, WSJ Blogs  06/29/2011

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48,000 Roman Shade Kits Recalled 

The Consumer Product Safety Commission has announced a recall of 48,000 Roman shade make-it-yourself kits made by Wm. Wright Co. The company said that a small child may become entangled in the blinds and could choke to death. The kits were sold at Walmart, Jo-Ann Stores and other specialty textile and variety retail shops between December 2007 and June 2011. There have been no injuries reported in association with this particular recall.  Staff Report, PR Newswire  06/30/2011

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Laws/Cases

Former Cheerleading Coach Files Lawsuit 

The former cheerleading coach at the University of Alabama has filed a lawsuit against the school, claiming she was discriminated against because of her gender and does not know why she was fired. According to the suit, she was fired "without just cause and without due process" and was denied wages she had earned from working summer camps in 2008. The plaintiff is asking for her job back as well as "back and forward pay plus interest."  Kevin Scarbinsky, The Birmingham News  07/01/2011

Read Article: The Birmingham News     

UCF to Pay $10 Million for Football Player's Death

A jury has ordered the University of Central Florida Athletic Association to pay $10 million to the parents of a former football player who died during a pre-practice conditioning workout in 2008. The lawsuit cited the intensity of the workouts as contributing to the young man's death, saying that at certain points other players had to help him up. Experts for the plaintiffs also testified that there was no evidence that sickle cell trait contributed to the player's death.  Eric Crawford, Louisville Courier Journal  07/01/2011

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Utah AG Looking to File Lawsuit Against BCS

The Utah Attorney General has announced he is looking for a legal team to help him file a lawsuit against college football’s Bowl Championship Series, claiming it is an illegal monopoly. "There are serious antitrust violations in the BCS system that are robbing taxpayers of hundreds of millions of dollars," the Attorney General said Wednesday. He has also publicly petitioned for other states to join him in the lawsuit.  Melinda Rogers, The Salt Lake Tribune  06/29/2011

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Men Turned Away at Denny's File Lawsuit

Five African-American men in Dayton, Ohio, have filed a lawsuit against a local Denny's, claiming they were denied entrance into the restaurant because of their race. According to the suit, the men were turned away at the door of the Denny's early one morning in May, being told the restaurant was "closed." Minutes later, however, the men say they witnessed white customers entering the restaurant and being served food. Officials for the restaurant admit the men were turned away and should not have been, but claim it was a misunderstanding, not a racial issue.  Lou Grieco, Dayton Daily News  06/19/2011

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Falling Glass Panels Prompts Lawsuit Against Hotel

Two Austin, Texas, residents have filed a lawsuit against the W Hotel and its operator after panels of glass fell 20 stories into the pool area, injuring the plaintiffs. The plaintiffs claim that weeks later they are "still removing glass from their bodies." According to the lawsuit, the hotel was aware of potential problems with the glass before the incident, but had done nothing to ensure safety of its guests.  Gary Dinges, Austin American Statesman  06/28/2011

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Products

300,000 Toasters Recalled 

The Consumer Product Safety Commission has announced a recall of 300,000 toasters due to a fire hazard. Imported by Hamilton Beach Brands Inc., the chrome 2-slice toasters "can remain energized indefinitely when an item is placed in the toaster which may ignite the contents." The company has received 15 reports of toasters that did not pop back up, three of which caused damage to kitchen cabinets.  Staff Report, PR Newswire  06/30/2011

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Lead Paint Levels Prompt Animal Drum Recall

The Consumer Product Safety Commission has announced a recall of 1,000 wooden animal drums due to higher-than-allowed levels of lead in the paint. Imported by Cost Plus Inc., the agency said that the paint exceeded the "maximum allowable level of 90 ppm." The drums were sold at Cost Plus World Market stores nationwide.  Staff Report, PR Newswire  06/30/2011

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Laws/Cases

Suit: NY Girl Dragged off Bus and Left at Wrong School

A New York mother has filed a lawsuit against the state's Department of Education and a matron on a local school bus who allegedly forced a young girl off the bus at a stop that wasn't hers. The suit claims the girl was "dragged off a special-education bus in the Bronx by an angry matron and left sobbing in the lobby of the wrong school." The lawsuit also names the bus company as a defendant, saying it has a history of child-safety infractions.  Kevin Deutsch , New York Daily News  07/05/2011

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Bayer to Pay $750 Million in Genetic Rice Lawsuit

Bayer CropScience has agreed to pay $750 million to farmers in five Midwestern states in a lawsuit over contaminated rice. The lawsuit claims that when LibertyLink genetically modified rice was discovered in the 2006 rice crop, it had not yet been approved for human consumption. As a result, foreign countries banned the importing of American rice, and rice futures plummeted. Under terms of the settlement, "farmers who planted at least 85 percent of the roughly 2.2 million acres of rice during [2006-2010] must sign up or Bayer can walk away from the deal."  Robert Patrick, St. Louis Post Dispatch  07/02/2011

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Judge: Suit Against JPMorgan to Go Forward

A U.S. District Judge has declined to dismiss a lawsuit against JPMorgan Chase & Co. that accused the company of "reducing or suspending home-equity lines of credit without a permissible reason." The judge, however, did dismiss fraud and "unjust enrichment" claims against the bank. The lawsuit, filed by a group of homeowners, claimed the company reduced the amount of money they could borrow against their homes.  Jochelle Mendonca and Abhishek Takle, Reuters  07/05/2011

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WaMu Settles Class-Action Investor Lawsuit 

Washington Mutual Inc. has agreed to a $208.5 million settlement in a class-action lawsuit filed by its investors. The lawsuit, a consolidation of more than 20 cases, claimed the company "secretly lowered lending standards, artificially inflated home-price appraisals and failed to disclose its deteriorating financial condition when the loans began to fail." The lead plaintiff in the case was the Ontario Teachers’ Pension Plan Board.  Edvard Pettersson, Bloomberg  07/01/2011

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No-Soliciting Ordinance Prompts Lawsuit

A non-profit group in Ohio has filed a lawsuit against the city of Englewood over an ordinance that bans door-to-door soliciting after 6 p.m. The lawsuit claims the ordinance is a free-speech violation, and would severely restrict all "nonprofits, political candidates, Girl Scouts and anybody who wants to enjoy freedom of speech in talking to their neighbors." As a result of the lawsuit, several other area city officials have said they are eagerly awaiting a ruling, as they may consider similar ordinances.  Drew Simon, Dayton Daily News  07/05/2011

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Products

Chevy, GMC Trucks Recalled 

General Motors has issued a recall of 6,800 2011 Chevrolet Colorado and GMC Canyon trucks due to "inaccurate shift-lever readings." According to the company, the transmission selector in the trucks may appear to be in park, but the vehicle could still roll away. The company said it is not clear if any accidents have been associated with the problem.  Christopher Jensen, The New York Times  07/01/2011

Read Article: The New York Times 

[theman123]

What kind of law do you practice smazza?

[smazza]

Laws/Cases

Carolina Football Player Files Suit Against NCAA

A former football player at The University of North Carolina has filed a lawsuit against the school and the NCAA in an effort to regain eligibility to play his senior season. Michael McAdoo was ruled permanently ineligible last year by the NCAA for academic misconduct. The lawsuit, however, cites a ruling from the school's Honor Court that said the school was confident the plaintiff was not aware that tutoring he received was improper and he was to be reinstated this fall. The suit says the NCAA decision to permanently suspend McAdoo was unwarranted, and is seeking an injunction that would allow him to play football this fall.  Edward G. Robinson III , Boston Herald  07/06/2011

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Hospital Settles Claustrophobia Suit with Employee

The University Medical Center in Las Vegas has agreed to pay $150,000 to settle a lawsuit with an employee who suffered severe claustrophobia while at work. In her lawsuit, the plaintiff claims she informed managers at the hospital that she could not work in the small cubicle she was assigned due to her medically-diagnosed claustrophobia. The Las Vegas Review-Journal reported the plaintiff had documented proof from multiple doctors of her condition, which, if documented, is covered under the Americans With Disabilities Act.  Scott Wyland, Las Vegas Review Journal  07/06/2011

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Products

Glass Candle Holders Recalled by Dollar Tree

The Consumer Product Safety Commission has announced a recall of 117,000 candle holders sold at Dollar Tree stores across the country. The agency said the glass holders have a tendency to shatter while in use, posing a laceration hazard to consumers. There have been no injuries reported associated with the recalled products.  Staff Report, PR Newswire  07/05/2011

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Viking Range Corp. to Pay Fine for Not Reporting Product Defect 

The Viking Range Corporation has agreed to pay $450,000 in civil penalties for failing to report defects in one of its refrigerator lines that led to consumer injuries. The company recalled the products in June 2009, but an investigation discovered that injuries had been reported to Viking several years before the recall was issued. Federal law requires manufacturers, distributors and retailers to report information supporting potential injury risks within 24 hours.  Staff Report, PR Newswire  07/06/2011

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Laws/Cases

State Farm to Pay $14.5 Million to Indiana Man

An Indiana jury awarded $14.5 million to a local man and his restoration company in a lawsuit involving State Farm Insurance. Joseph Radcliff claimed that after a 2006 hailstorm in Indianapolis, State Farm "made unfounded claims of fraud against Radcliff and instigated the filing of felony charges against him." The charges were dropped, but Radcliff claimed his business was destroyed as a result. The jury agreed, ruling State Farm defamed Radcliff and his business.  Staff Report, PR Web  07/01/2011

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Verizon to Pay $20 Million in Discrimination Suit

Verizon Communications has agreed to pay $20 million to settle a discrimination lawsuit filed by hundreds of workers who were allegedly fired after missing work for various disabilities. The lawsuit claimed the company had a policy that after a certain number of absences, regardless of the reason, an employee would be terminated. The suit claimed that the policy was a violation of the Americans with Disabilities Act.  Lorraine Mirabella, Baltimore Sun  07/06/2011

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Suit: Chicago Police used Violent, Unnecessary Tactics

A Chicago man has filed a lawsuit against several Chicago police officers who allegedly assaulted him while on the scene of another arrest. According to the lawsuit, police arrived at a home in West Pullman to arrest three individuals. While there, the plaintiff said officers used unnecessary force and then "cold-cocked" him in the face when he protested against their violence. Lawyers for the plaintiff announced the suit today in a press conference where they also released video footage of the incident. The lawsuit is seeking unspecified damages.  Deanese Williams-Harris, Chicago Tribune  07/06/2011

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$1 Million Awarded in Police Cruiser Crash

An Ohio jury has awarded a local man $1 million after suffering mild traumatic brain injury in a 2006 car collision with a police cruiser. According to the lawsuit, the accident occurred when the police officer made an illegal left turn while responding to a "non-emergency" call. The plaintiff claims the injuries he sustained during the crash left him with "changes in his memory and personality."  James F. McCarty, Cleveland Plain Dealer  07/07/2011

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Products

Mold Prompts Recall of Mizuno Baseball Gloves

The Consumer Product Safety Commission has announced a recall of 131,000 Mizuno baseball and softball gloves. The voluntary recall was made after some of the gloves were discovered to contain a type of mold that could cause infections in individuals with chronic health problems. The recalled gloves are leather with a sewn-in white label on the heel. Mizuno USA is offering customers a full refund.  Staff Report, Fort Wayne Journal-Gazette  07/07/2011

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GE Recalls Air Conditioners, Heaters

General Electric has issued a recall of its GE Zoneline Air Conditioners and Heaters due to a problem with an electrical component within the machine. The company said an electrical component with the equipment can fail, leading to the potential risk of fire. The air conditioners and heaters were sold between March 2010 and March 2011 at distributors nationwide.  Staff Report, The Salt Lake Tribune  07/06/2011

Read Article: The Salt Lake Tribune   

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Laws/Cases

UCLA Employees Caught Viewing Medical Records

The UCLA Health System has agreed to pay $865,500 after hospital employees allegedly accessed celebrity patient records without their permission. Complaints came over a five-year period from 2005 to 2009 during which "hospital employees were repeatedly caught and fired for peeping at the medical records of dozens of celebrities." One unnamed employee allegedly sold information from patient records to the news media. As part of the settlement with federal investigators, UCLA will be required to create a plan detailing ways to curb future breaches.  Molly Hennessy-Fiske, LA Times  07/07/2011

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Daytona Beach Shores Settles Illegal Search Suit

Six female employees at gentlemen's club in south Florida will receive $195,000 as part of a settlement in a lawsuit they filed against the city of Daytona Beach Shores and police officers who conducted illegal strip searches. The lawsuit claimed that police officers used an illegal search warrant to raid the club in 2009 and search every club member, including the plaintiffs, who were not named in the arrest affidavits. The suit also claimed the women were forced to strip in front of male officers, which is against the law.  Gary Taylor, Orlando Sentinel  07/07/2011

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Connecticut Hospital Settles $5.25 Million Lawsuit

New Milford Hospital in Connecticut has agreed to a $5.25 million settlement in a lawsuit filed by a woman whose leg had to be amputated after complications from a 2005 spinal surgery. The lawsuit claimed the hospital staff failed to treat various complications she suffered after the surgery, resulting in an amputation of her leg above the knee. The doctor who performed her surgery had a prior malpractice accusation on his record and is now retired.  Susan Tuz, Danbury News-Times  07/08/2011

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Woman Raped in Juvenile Center, Suit Settled

The state of Washington has agreed to a $375,000 settlement in a lawsuit filed by a young woman at a state juvenile-detention center. In her lawsuit, the woman claimed she was raped in her cell by one of the center's security guards. The suit claimed the guard was not qualified for the position and had a history of inappropriate conduct with female employees.  Jeff Hodson, Seattle Times  07/07/2011

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Products

Children's Building Sets Recalled

The Consumer Product Safety Commission (CPSC) has announced a recall of 18,000 Mini Stars building sets for children. Distributed by Edushape Ltd., the recall reports that the small plastic knobs in the center of the stars can break off, posing choking risks for small children. There have been two reports of the knobs breaking off, but no injuries occurred. CPSC is actively looking for customer injury or incident reports related to this product.  Staff Report, PR Newswire  07/07/2011

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20,000 Log Splitters Recalled

The Consumer Product Safety Commission has announced a recall of almost 20,000 log splitters, manufactured by the Changzhou Globe Tool Group in China. Sold exclusively at Lowe's stores nationwide, the product has a hydraulic arm that rotates during use, posing a laceration hazard to users. There have been two reported injuries, one of which resulted in a fingertip amputation.  Staff Report, The Sacramento Bee  07/07/2011

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Chanel Recalls Flammable Silk Garments 

Federal authorities have announced that Chanel is recalling a small number of silk scarves and garments that failed flammability standards. The scarves, dresses, skirts and blouses were sold at Chanel Boutiques, Neiman Marcus and Maxfield stores nationwide. Customers are able to return the items for a full refund.  Staff Report, United Press International  07/07/2011

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