PLAINTIFF LAWYER DOES IT AGAIN

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Laws/Cases

Apple to Pay $8 Million for Patent Violations

Apple Inc. has been ordered to pay $8 million by a Texas jury for patent infringement violations. The jury found Apple violated two patents held by Personal Audio LLC for downloadable playlists. The patented technology covered "an audio player that can receive navigable playlists and can skip forward or backward through the downloaded list," Bloomberg reported.  Susan Decker, Bloomberg  07/08/2011

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Student Files Suit over Border Search and Seizure

A graduate student has filed a lawsuit against the U.S. Department of Homeland Security after his laptop was seized as he crossed into the U.S. from Canada. Border officials say they took the computer because it contained pictures of rallies by Hamas and Hezbollah. In his lawsuit, the student claims the pictures were part of his doctoral research into Shiites in Lebanon. The search and seizure, he says, "violated the constitutional rights to free speech and to protection against improper searches."  Tiffany Kary, Bloomberg  07/11/2011

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Suit: Woman Fired for Not Dyeing Her Gray Hair

A Houston woman has filed a lawsuit against her former employer, Capital Title of Texas, claiming she was fired because of her gray hair. According to the lawsuit, in August of 2009 the plaintiff was asked to dye her hair to fit a more "upscale office image." She refused, and said she was fired just a few days later and replaced by a woman 10 years younger than her.  L.M. Sixel, Houston Chronicle  07/07/2011

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Country Club to Pay $1 Million for Role in DWI Crash

A Texas family has been awarded $1 million in a lawsuit filed against the Southern Oaks Country Club in Burleson, Texas over a fatal DWI car crash in 2008. The lawsuit claimed that the man who caused the accident had been served too much alcohol at the country club before getting into his car. Witnesses at the club said the man was visibly intoxicated when he arrived at the club, but was continually served drinks.  Gordon Dickson, Ft. Worth Star Telegram  07/11/2011

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Suit: Bowling Alley Manager Assaulted Young Boys

A fourth lawsuit has been filed against AMF Bowling Centers Inc., claiming the manager of one of their bowling alleys in the 1970s and 1980s sexually abused young boys. The lawsuit claims the manager sexually abused the plaintiff countless times between 1978 and 1982 in the backrooms of the bowling alley. AMF, which owned the bowling alley at the time, has been accused of negligence and failure to investigate claims against the manager.  Alaine Griffin, The Hartford Courant  07/08/2011

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Products

Cottage Cheese Recalled due to Spoil Risk

Old Home Foods has issued a recall of all their cottage cheese products with an expiration date of Aug. 1, 2011. The company said this batch of cottage cheese can spoil prior to the expected day. Customers are encouraged to return product back to retailers for a full refund.  Staff Report, PR Newswire  07/06/2011

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Laws/Cases

Judge Tosses Suit Against Proposed NYC Mosque

A New York judge has tossed out a lawsuit filed by a local firefighter in an attempt to prevent an Islamic center from being built near the World Trade Center site. The suit sought a ruling overturning the decision by the New York City Landmarks Preservation Commission to allow a 150-year-old building to be demolished where the center will be built. The judge said that while the firefighter had "a strong interest in preservation of the building," he did not have legal standing to influence its fate.  Colin Moynihan, The New York Times  07/10/2011

Read Article: The New York Times     

Suit: Woman Paid Less than Male Predecessors

A former city of Detroit employee has filed a lawsuit against city claiming she was paid less than the male predecessors in her position. The plaintiff, the former head of the Detroit Water and Sewerage Department, alleges in her suit that her salary was almost $100,000 less per year than men who had come before her. She resigned in September after her complaints went unanswered.  Staff Report, Detroit Free Press  07/12/2011

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Employee Union Files Lawsuit Against Illinois

The largest employee union in Illinois has filed a lawsuit against the state over pay increases that were supposed to go into effect July 1. Gov. Pat Quinn said the raises were not paid because the state "did not set aside enough money to cover the increases." The suit claims Quinn is violating the contract the state has with the union, as well as state and federal equal protection laws.  Monique Garcia, Chicago Tribune  07/08/2011

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Ford Hit with Patent Violation Lawsuit

Ford Motor Co. has been hit with a patent infringement lawsuit over Sync, its in-car communication system. The suit, filed by Eagle Harbor Holdings, claims the automaker used patented voice command recognition technology in various aspects of the Sync system and other in-car features. Lawyers for the plaintiff have estimated that compensation from the suit could be in the millions.  Chris Woodyard, USA Today  07/12/2011

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Student Accused of ****, Suit Against School Heads to Trial

A trial is scheduled for a lawsuit filed against the University of the South in Sewanee, Tennessee by a former student who was accused of raping another student in 2008. The plaintiff claims in his suit that the school failed to follow its own policy regarding sexual assault cases and due process, and that the accusations "damaged" his reputation. According to the suit, the school forced the plaintiff to withdraw for a year, a breach of the university contract.  Todd South, Chattanooga Times Free Press  07/12/2011

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Products

Macy's Fined $750,000 for Drawstring Clothing

Macy's Inc. will pay $750,000 in fines to the Consumer Product Safety Commission after it was discovered that the store was selling children's clothing with drawstrings at the neck. The agency claimed Macy's violated federal law by selling the products, which can present strangulation hazards.  Staff Report, Reuters  07/11/2011

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Laws/Cases

Inmates in Georgia File Suit Against Guards

Four inmates at Hays State Prison in Georgia have filed a lawsuit against 12 prison guards, claiming they were attacked and beaten for no reason. According to the suit, guards swarmed into one of the dormitories last August and began picking out inmates and beating them violently. Two of the plaintiffs suffered possible neurological damage and another had to have surgery to repair a broken jaw. The lawsuit is seeking unspecified damages.  Rhonda Cook , Atlanta Journal-Constitution  07/12/2011

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Dairy Farmers Win Class Action Settlement 

Dean Foods Co. will pay $140 million to settle a class-action lawsuit filed against the company by dairy farmers in the Southeastern U.S. The company will make an initial payment of $60 million, and then four annual payments of $20 million, as per the settlement.  A. Ananthalakshmi, Reuters  07/12/2011

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Suit Filed to Stop Cuts to In-Home Care in Tennessee

Thirty-nine disabled Tennessee residents have filed a lawsuit against the state in an attempt to stop legislators from cutting funding to in-home medical assistance. In the suit, the plaintiffs claim that the cuts in funding will force them to move out of their homes and into institutional settings, away from their families. This "segregation," as the lawsuit calls it, would be a violation of the Americans with Disabilities Act.  Brian Haas, Tennessean  07/13/2011

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Fatal Police Shooting in Utah Prompts Lawsuit

A Utah family has filed a lawsuit against a West Valley City, Utah, police officer who shot and killed a 21-year-old man in December. The family members claim in the suit that the officer, who was responding to a domestic violence call, mistakenly thought the man was carrying a gun and shot him twice in the chest and once in the back. The suit also accuses the police department of withholding information from the family about the victim's status shortly after the shooting. The suit is seeking unspecified damages.  Dennis Romboy, The Deseret News  07/12/2011

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Products

Oscillating Ceramic Heaters Recalled

The Consumer Product Safety Commission has announced a recall of 13 million oscillating ceramic heaters imported by Meijer Inc. The agency reported that the oscillating mechanism inside the heater can short out, posing a fire risk. There have been two reports of fires that caused property damage, but no injuries have occurred.  Staff Report, PR Newswire  07/13/2011

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Climbing Lanyards Recalled over Missing Stitch

The Consumer Product Safety Commission has announced a recall of 375,000 shock-absorbing climbing lanyards due to a defect in the product that can present a fall risk to users. Imported by Petzl America Inc., the agency reported that a safety stitch is missing from some of the lanyards, which could cause them to disconnect from the climbing harness during use. There have been no reported injuries in the U.S., but customers are encouraged to contact the manufacturer for replacement products.  Staff Report , PR Newswire  07/12/2011

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Laws/Cases

Suit: Governor Shouldn't Be Involved in Prayer Day

An atheist group has filed a lawsuit against Texas Gov. Rick Perry in an attempt to stop Perry from promoting a Christian prayer rally scheduled in Houston. The suit claims Perry's involvement with the rally violates separation of church and state. The suit is seeking an injunction "barring Perry's official involvement" in any aspect of the ceremony.  Mike Tolson, Houston Chronicle  07/14/2011

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Suit Over Starbucks Tips Dismissed in New York

A New York court has dismissed a lawsuit filed by five former assistant store managers at Starbucks who claimed the company was violating state labor laws. The plaintiffs claimed they had a right to a portion of the tips made in the store because they performed many of the same duties as the baristas. The judge, however, ruled that the state labor law "does not give assistant managers the right to share in tip pools."  Cynthia Hsu, Reuters  07/13/2011

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Doctors Challenge Florida Privacy Law Regarding Guns

A Florida judge will decide this summer if a new state law banning doctors from talking about gun ownership with patients is too restricting. Doctors claim in their complaint that they have to censor themselves when talking to patients - in this case, about gun safety and the risks of owning a gun - for fear of punishment from the state. State officials, however, say the law aims only to ensure that doctors talk about guns with patients only when it is "relevant" and a true safety issue. Currently, the state medical board has the authority to issue a $10,000 fine and revoke a physician’s license for any violation of the law.  Jay Weaver, Miami Herald  07/13/2011

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Products

Sexual Enhancement Supplement Recalled

Global Wellness, LLC has issued a recall of a single lot of the company's male enhancement dietary supplement. The recall was issued after it was discovered that the product may contain chemicals not marketed for human consumption. The company, however, said it is not aware of any serious affects of consuming the products and there have been no illnesses reported by consumers.  Staff Report, PR Newswire  07/14/2011

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Child Booster Seats Recalled from Target

The Consumer Product Safety Commission has announced a recall of children's booster seats sold at Target. The agency reported the restraints on the seat can open at unexpected times, allowing the child to fall out of the seat. The products were sold between January 2005 and June 2009 for $15.  Staff Report , The Salt Lake Tribune  07/13/2011

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Chrysler Recalls 250,000 Dodge Rams

Chrysler has issued a recall of 250,000 Ram trucks due to problems in the steering system. Federal officials said "a part near the left front wheel can fracture and potentially cause crashes." The recall covers Rams model years 2008 to 2011.  Staff Report, Kansas City Star  07/13/2011

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Class Action

Class-Action Wage Suit Filed Against Starbucks

A class-action lawsuit has been filed against Starbucks over violations of California wage laws. The suit contends that Starbucks "systematically failed to record and pay [barista's] for minimum wages, wages for all hours worked and overtime wages." Specifically, the lawsuit points at training hours in which plaintiffs should have been compensated but were not.  Staff Report, San Francisco Chronicle  07/14/2011

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Issues

CPSC Lowers Lead Paint Limits in Children's Goods

The U.S. Consumer Product Safety Commission has lowered the limit for the amount of lead that may be present in children's goods. The 3-2 vote will lower the acceptable ceiling from 300 parts per million to 100 parts per million. The dissenters in the vote claimed that the new regulations will "add costs to businesses without a commensurate safety benefit." The change was prompted by a discovery of high levels of lead paint in toys from China.  Staff Report, San Francisco Chronicle  07/15/2011

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Laws/Cases

Former Death Row Inmate's Suit Filed Too Late

An appeals court has tossed a lawsuit filed by a former death row inmate against a former Oklahoma City police chemist and former police chief because the suit was filed "five months too late." The court said the two-year statute of limitations had passed since he was freed by an Oklahoma Criminal Court of Appeals. The man was released after it was discovered that the chemist "had intentionally destroyed evidence potentially favorable to [the plaintiff]."  Robert Boczkiewicz, NewsOK.com  07/15/2011

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Suit Over Fatal Boat Capsizing Can Proceed

A New York appeals court has ruled that a lawsuit against the state over a capsized tour boat that killed 20 passengers in 2005 can proceed. The suit, filed by the survivors and family members of victims, claims that officials with the Office of Parks, Recreation and Historic Preservation determined the boat could hold 48 people, when in fact is should not have held more than 14. The court ruled that the state could not seek sovereign immunity "because its employees showed no discretion during its annual inspections."  Robert Gavin, Albany Times Union  07/15/2011

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Tenn. District to Curb Religious Practices in Schools

The Sumner County Board of Education in Tennessee has announced it will alter some of its policies after a group of students filed a lawsuit against the board accusing it of promoting Christianity in schools. The changes will include no longer allowing Bibles to be distributed by students and halting a teacher-lead prayer group during lunch that included students. Despite the changes, a jury trial for the lawsuit is still scheduled for some time in 2012.  Jennifer Easton , Tennessean  07/15/2011

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Class-Action Suit Against Union Bank to Proceed

A U.S. District Judge in Florida has ruled that UnionBanCal Corp. customers may proceed in their class-action lawsuit against Union Bank over allegedly excessive overdraft fees. The ruling may affect hundreds of thousands of customers of the California-based bank. In all, 30 banks will be named as defendants in the class-action suit, Bloomberg reports.  Laurence Viele Davidson and Susannah Nesmith, Bloomberg  07/14/2011

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Trial Begins in Florida Medical Malpractice Suit 

A Florida veteran was in court this week as the plaintiff in a $30 million medical malpractice lawsuit filed against the Miami Veterans’ Administration hospital. In the lawsuit, the plaintiff claims he contracted hepatits C from an unclean medical device used in a 2007 colonoscopy. The Miami Herald reported that this could be the first of a dozen trials filed by veterans with similar issues.  Fred Tasker, Miami Herald  07/10/2011

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Laws/Cases

Right-To-Sell-Cigarettes Lawsuit Dismissed

A federal judge in California has dismissed a lawsuit filed by Safeway over the right to sell cigarettes in the company's San Francisco stores. The suit stemmed from a 2008 city ban on the sale of tobacco in stores that also contain pharmacies. Safeway officials claimed that their stores kept cigarettes far enough away from the pharmacy, but the judge sided with the city, upholding the ban.  Dan Schreiber , San Francisco Examiner  07/18/2011

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Wrongful Death Suit Filed over Missouri Car Accident

A wrongful death lawsuit has been filed over a fatal accident that occurred in June near Crocker, Mo. The accident occurred when a man's pickup collided with a flatbed trailer that was being pulled by a dump truck. The suit claims trailer, which had broken away from the dump truck, had not been properly secured and did not have air breaks on the back wheels or working lights. The suit is seeking unspecified damages.  James Hart, Kansas City Star  07/14/2011

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Death at Day Care Center Prompts Lawsuit

A wrongful death lawsuit has been filed against a Florida day care center after a 22-month-old boy was found dead at the center last week. While the cause of death is unknown, the Miami Herald reports that the boy may have died after being left in the day care center's van during the heat of the day. The suit accuses the center of negligence and claims it allowed an individual to drive the children who was not authorized to do so.  David C. Walter, Miami Herald  07/14/2011

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Suit: DuPont Herbicide Lethal to Certain Trees

A Michigan golf club has filed a lawsuit against DuPont, claiming the company's widely-used herbicide, Imprelis, kills trees. According to the suit, the herbicide is "lethal to mature landscape trees including Norway and Colorado spruce, white pines and other evergreens." The Environmental Protection Agency reports they have received numerous complaints from states about Imprelis and is in the early stages of an investigation.  Jonathan Stempel, Reuters  07/15/2011

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California Settles Suit Against State Medical Board

California has agreed to a $750,000 settlement in a lawsuit filed against a Sacramento investigative unit of the Medical Board of California. The suit, filed by two former members of the unit, claimed they were retaliated against after raising concerns about the racist and sexually inappropriate behavior of their supervisor. The plaintiffs said they were reassigned within their department after complaining and were "denied requests for transfers and promotions."  Torey Van Oot, The Sacramento Bee  07/17/2011

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Products

Diving Weight Systems Recalled 

The Consumer Product Safety Commission has announced a recall of about 1,400 diving weight and trim systems due to drowning hazards. Imported by Diving Unlimited International Inc, defects in the lanyards on the products may prevent them from detaching when the release handle is pulled. There have been no injuries reported in association with the recalled products.  Staff Report, The Sacramento Bee  07/12/2011

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Laws/Cases

Washington City Settles Sexual Harassment Suit

A former city employee in Mercer Island, Wash., will receive a $1 million payment to settle a sexual harassment lawsuit she filed against the city after her 2008 firing. In her lawsuit, the plaintiff claimed she was "a victim of sexual harassment and was fired in an act of retaliation."  Keith Ervin, Seattle Times  07/18/2011

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Lawsuit Filed over Cupcake Company Name

A judge on reality television show "Cupcake Wars" has filed a lawsuit against a Connecticut cupcake company. She claims in her lawsuit that the company, Pink Sprinkles, which dubs itself "Fairfield's first cupcake boutique," is violating her trademark. The plaintiff currently owns Sprinkles Cupcake, which opened four years before the defendant.  Roger Catlin, The Hartford Courant  07/18/2011

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NYC Pays $125,00 to Settle Suit Against Cop

A New York woman will receive $125,000 from the city of New York after she accused a New York City police officer of denying her insulin. According to the suit, the woman was arrested and jailed for 19 hours for smoking marijuana. While jailed, the officer refused to give the plaintiff her insulin, causing her blood sugar to reach dangerously high levels and nearly killing her.  Scott Shifrel, New York Daily News  07/19/2011

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Botched Circumcision Suit Settled in California

Medical device manufacturer Miltex Inc. will pay $4.6 million to a California family for its involvement in a botched circumcision in 2003. The lawsuit claimed the clamp made by Miltex used in the procedure was defective and caused the accident. The procedure on the week-old baby was preformed at a Los Angeles clinic by a doctor without malpractice insurance.  Debra Cassens Weiss, American Bar Association Journal  07/19/2011

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Products

American Regent Recalls Calcium Injections 

American Regent has issued a recall of one lot of 100mL Calcium Gluconate Injections due to visible particles in the vials. The company said the particles are silicone, and patients could experience adverse affects upon use of the injections. Calcium gluconate is used to treat conditions arising from calcium deficiencies.  Staff Report, PR Newswire  07/18/2011

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GlaxoSmithKline Recalls Antibiotic in Hong Kong

GlaxoSmithKline Plc was ordered by the Hong Kong government to issue a recall of its antibiotic Augmentin that contained detectable levels of plasticizers. Health officials have said the levels of plasticisers are unlikely to be harmful if the medication is taken in the proper dosage.  Xavier Ng, Reuters  07/19/2011