PLAINTIFF LAWYER DOES IT AGAIN

[smazza]

Laws/Cases

Suit: Man Punished for Not Shaving Beard in Prison

A lawsuit has been filed against the state of California on behalf of an inmate who claims he was disciplined after refusing to shave his beard for religious reasons. According to the suit, the man was confined to his bunk and forced to perform extra prison duties because he refused to comply with prison facial hair rules. In doing so, the state violated the federal Religious Land Use and Institutionalized Persons Act, the lawsuit states.  Wire Report, San Jose Mercury News  03/16/2011

Read Article: San Jose Mercury News     

Wrongful Death Suit Filed Against Penn. Police

A lawsuit has been filed against the Pennsylvania State Police over the death of a gasoline-soaked man who burst into flames when shocked with a Taser by police. The suit states the police came to his girlfriend's home in March 2009 to investigate possible domestic violence. During the encounter, police Tased the plaintiff, causing him to ignite and suffer burns over 98 percent of his body. The suit claims the man was not armed and was posing no threat to the officers, and therefore should not have been Tased.  Staff Report, Pittsburgh Post-Gazette  03/16/2011

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Fatal Crash on Utah Tour Prompts Lawsuit

A Japanese family has filed a lawsuit against two Utah tour companies over the death of their son in 2010 while on a local tour. The suit claims the driver "tried to mask fatigue with energy drinks and caffeine gum before falling asleep" and causing the van to roll and crash. The suit is seeking unspecified damages.  Aaron Falk, The Salt Lake Tribune  03/15/2011

Read Article: The Salt Lake Tribune     

Products

Girl's Dresses Recalled Due to Choking Hazard

The Consumer Product Safety Commission has announced a recall of 1,500 girl's sundresses imported by Matilda Jane LLC. The company said the buttons on the dress can come off, presenting a choking hazard for small children. There has been one report of buttons coming off a dress, but no injuries occurred.  Staff Report, PR Newswire  03/15/2011

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Sodium Chloride Injections Recalled

American Regent has issued a recall of its concentrated sodium chloride injection due to visible particles in some of the vials. The company said the particles may disrupt blood flow within smaller areas of the body. If administered to patients, the injections could have adverse affects within the body.  Staff Report, PR Newswire  03/15/2011

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Suzuki Recalls ATVs Due to Crash Risk

The Consumer Product Safety Commission has announced a recall of 1,350 Suzuki QuadSport ATVs due to electronic defects in the vehicles that could cause crashes during use. The agency said the "regulator/rectifier circuit board can fail and cause the engine to stall during riding due to an insufficient battery charge, increasing the risk of a crash." The company has received 11 reports of circuit board failure but no injuries reported.  Staff Report, PR Newswire  03/15/2011

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[smazza]

Laws/Cases

Suit Filed Against Arizona Day of Prayer

A group of Arizona residents have filed a lawsuit against the governor over her proclamations supporting a state-wide day of prayer. The plaintiffs, who say they are not against people's right to pray whenever they want, claim in their suit that the governor's actions are unconstitutional due to the separation of church and state. The prayer day in Arizona coincides with the National Day of Prayer, of which a similar lawsuit is also pending against.  Ginger Rough, Arizona Republic  03/16/2011

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Suit Filed Against Woman Who Got Teacher Fired

A Philadelphia physics teacher who was fired for having an alleged relationship with a female student has filed a lawsuit against his accuser, claiming slander and libel. According to the lawsuit, the female student lied about when their relationship began, saying she began "dating" the teacher eight years ago while a senior at his high school. The plaintiff, however, states in the suit that the relationship began at least a year later and that the woman recently accused him, and got him fired, because she was jealous he was seeing another woman.  Stephanie Farr, Philadelphia Inquirer  03/17/2011

Read Article: Philadelphia Inquirer     

Oakland Settles Suit with Fan over Broken Arm

The city of Oakland has agreed to a $412,500 settlement in a lawsuit filed against the city by a man whose arm was broken during a police crackdown at an Oakland Raiders game. According to the suit, a fight broke out in the stands during a Raiders-49ers game in 2008 a few rows from the plaintiff. One of the police officers who responded tackled the plaintiff, bending his arm back and snapping his elbow, even though he was not involved in the fight.  Wire Report, San Jose Mercury News  03/16/2011

Read Article: San Jose Mercury News     

Products

Pogo Sticks Recalled Due to Injury Risk

The Consumer Product Safety Commission has announced a recall of 169,000 pogo sticks distributed by Bravo Sports due to defects on the bottom of the product. The agency reported the "bottom of the pogo stick's frame tube can break or come apart and a pin holding the spring in place can break, posing laceration and fall hazards to consumers." The company has received more than 100 reports of incidents involving the pogo sticks, including nine injuries.  Staff Report, PR Newswire  03/16/2011

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Pfizer Recalls Painkiller Embeda

Pfizer Inc. has announced a recall of the painkiller Embeda due to a "stability defect found in the extended-release product during routine testing." During testing, the company found that one of the chemicals in the drug had degraded to unacceptable levels. The drug would not pose any additional risk to consumers if taken, however, Pfizer announced.  Ransdell Pierson, Reuters  03/16/2011

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Toddler Jeans Recalled over Choking Hazard

The Consumer Product Safety Commission has announced a recall of 1,600 girl's toddler jeans imported by Parigi Group, Ltd. The agency reported that decorative rhinestones and sequins on the jeans can pose a choking hazard to young children. There have been no injuries reported involving the product.  Staff Report, PR Newswire  03/16/2011

Read Article: PR Newswire

[smazza]

Laws/Cases

Arizona Prison Run Poorly, Lawsuit Claims

An Oklahoma family filed a lawsuit against the state of Arizona and a prison-operating company over the August 2010 murder of an elderly couple by a group of escaped convicts from an Arizona prison. The $40 million lawsuit accuses the state and the company of gross negligence for "security flaws that piled up over a period of years and directly contributed to the escape." The suit claims the prison was being run "like a daycare" and lacked proper equipment and training for officers.  J.J. Hensley, Arizona Republic  03/18/2011

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Plane Crash Destroys Home, Suit Blames Pilot, Others

A South Carolina homeowner has filed a lawsuit after a small plane crashed into his home last July, destroying it and killing the three passengers. The suit alleges the pilot was not qualified or approved to fly the plane and accuses the plane leasing company of "failing to ensure the pilot was properly certified and for not grounding the plane when they knew [the pilot] would operate it past the time stipulated to when he leased the plane." The suit is seeking $43,985 in damages to the home and loss of rental income, punitive damages to be determined by the court, and reimbursement for attorney and court fees.  Tonya Root, The Myrtle Beach Sun News  03/17/2011

Read Article: The Myrtle Beach Sun News     

Suit: U.S. Government Infected People with Syphilis

A group of Guatemalan nationals have filed a lawsuit against top U.S. public health officials of alleged 1940s experiments in which hundreds of Guatemalans were infected with syphilis to be studied. The suit claims many of the people were infected without their consent in "an unlawful, unethical and tragic regimen of human experimentation." It is believed that around 700 people were used during the experiments.  Cheryl Wetzstein, Washington Times  03/14/2011

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Products

Gas-Powered Backpack Blowers Recalled

The Consumer Product Safety Commission has announced a recall of 18,000 gasoline-powered backpack blowers and mister dusters imported by Maruyama U.S. Inc. The agency said the gas tank can split and leak, posing a fire risk to users. Maruyama has received 25 reports of leaking tanks, but no injuries associated with the product.  Staff Report, PR Newswire  03/17/2011

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Alcohol Prep Pads Recalled over Contamination

The Triad Group has announced they will recall alcohol prep pads contained in the black starter kits for Forteo due to possible Bacillus cereus contamination. If exposed to the bacteria, patients could suffer life-threatening infections. The kits were distributed by Eli Lilly and Company between March 2008 and June 2009.  Staff Report, PR Newswire  03/17/2011

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Honda, Jaguar Issue Leak-Related Recalls

Auto makers Honda and Jaguar have issued recent recalls to fix problems connected to fluid leaks that could cause vehicle fires. Honda is recalling 18,000 2011 Civic models over valve problems that could cause fuel leaks after a crash. Jaguar is recalling 6,000 2010 XK and XF models to fix fuel leaks in the engine due to corrosion.  Jonathan Welsh, WSJ Blogs  03/18/2011

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[smazza]

FDA Declines to Ban Menthol Cigarettes

A Food and Drug Administration (FDA) panel has stopped short of recommending a ban on menthol cigarettes despite evidence that the cigarettes are a factor in the rise of smoking among youth. The panel instead recommended further study of the issue, and many experts believe the FDA will eventually take more modest action against the products. Even anti-smoking groups aren't clamoring for a ban. The president of the Campaign for Tobacco Free Kid said "the FDA should impose changes in marketing or formulation to curb youth smoking."  Andrew Zajac, Chicago Tribune  03/20/2011

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Laws/Cases

Suit: Bristol Myers Co. Bribed California Doctors

The California Department of Insurance has joined a whistleblower lawsuit against Bristol Myers Squibb Co. that accuses the company of bribing doctors to try and raise sales in the state. The suit claims the company made "millions of dollars" as a direct result of illegal kickbacks paid to doctors state-wide. The department said it will seek hefty penalties as well as treble damages.  Edwin Chan, Reuters  03/18/2011

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3M Settles $12 Million Discrimination Lawsuit

3M Co. has agreed to a $12 million settlement in a discrimination lawsuit filed by company employees. The suit claims the company discriminated against older workers and believed they were "less able or willing to accept and apply new business methodologies adopted by the company." The class-action suit covers roughly 7,000 employees.  Beth Hawkins, Bloomberg  03/18/2011

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Jury Awards $15,000 in Golf Discrimination Suit

A Massachusetts woman has been awarded $15,000 in a lawsuit she filed against a local golf course after she was denied entrance into a men's amateur golf tournament. The woman claimed in her suit that she was trying to play in the same group as her father, but suffered "humiliation and embarrassment due to being ostracized from the links." The lawsuit originally sought $500,000 in damages.  Staff Report, United Press International  03/19/2011

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Products

Kashi Chicken Recalled for Undeclared Allergen

Giant Food has announced a recall of its Kashi Southwest Style Chicken due to an undeclared allergen. The company announced the product was incorrectly packaged and contains eggs not listed on the label. There have been no illnesses associated with the product, however.  Staff Report, PR Newswire  03/18/2011

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Hyundai Recalls Elantras over Air-Bag Problems

Hyundai has announced a recall of 285,000 Elantras due to sudden air-bag inflation problems. The recall is coming in two waves. The first wave covers 96,000 2007-2008 vehicles in which the driver-side air-bag could inflate with full force, regardless of how close the driver seat is to the steering wheel. The second wave covers 189,000 Elantras from 2007-2009 in which an electrical problem in the center console could cause the passenger-side air-bag to suddenly deploy.  Christopher Jensen, The New York Times  03/18/2011

Read Article: The New York Times     

[smazza]

Laws/Cases

Suit Filed after Man Murdered Outside of Bar

The family of a Cleveland man who was gunned down in 2009 during a robbery at a local bar have filed a lawsuit against the building owners and the security company. The suit claims local security officers did nothing to stop a group of men from attempting to rob Jeremy Pechanec and eventually executing him and a friend in a park across from the bar. None of the bar's security cameras were on, the suit claims, and bar tenders continued to serve the men even as they began to harass Pechanec. The wrongful death lawsuit is seeking more than $100,000 in damages.  Leila Atassi, Cleveland Plain Dealer  03/16/2011

Read Article: Cleveland Plain Dealer     

Suit: Counselor Forced Patient to Have Sex 

A Florida woman has filed a lawsuit against the Henderson Mental Health Center in Broward, Fla., claiming her counselor at the center forced her to have sex with him in order to avoid losing custody of her child. The woman, who has been diagnosed with mental health problems, claimed that the counselor made home visits and sexually assaulted her, but she felt helpless to report the crimes because of the threats to break up her family. The suit is seeking unspecified damages, and also claims this was not the first patient the counselor had assaulted.  Ihosvani Rodriguez , Palm Beach Post  03/23/2011

Read Article: Palm Beach Post     

Products

Box Fans Recalled Due to Fire Hazard

The Consumer Product Safety Commission has announced a recall of 4.8 million Lasko box fans due to a potential fire hazard associated with the product. The agency reported that an "electrical failure" in the motor could cause a fire. Lasko has received seven reports of fires associated with motor failures, including two house fires and one barn fire, resulting in extensive property damage, but no injuries.  Staff Report, PR Newswire  03/24/2011

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Laceration Risk Prompts Axe Recall

The Consumer Product Safety Commission has announced a recall of 103,000 Gerber combo axes due to a laceration risk to the user. The company reported that a knife stored in the handle can suddenly pop out during use, potentially seriously injuring the user. There have been five reports of injuries related to the product, all requiring stitches.  Wendell Marsh, Reuters  03/23/2011

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FDA Declines Alternate Uses for Prostate Drug

Drug maker GlaxoSmithKline P.L.C. has decided to cease attempting to market its enlarged-prostate treatment drug Avodart as a preventive for common prostate cancer after the Food and Drug Administration (FDA) told the company it would not support the drug as a cancer-fighter. A clinical study published in the New England Journal of Medicine found "patients who had used the drug against tumors developed dangerous forms of prostate cancer within four years." The FDA declined to support a similar drug by the company's competitor, Merck, showing the agency's renewed commitment to reviewing expanded drug uses.  Joseph N. DiStefano , Philadelphia Inquirer  03/24/2011

Read Article: Philadelphia Inquirer     

[smazza]

Class Action

Kentucky Farmers File Suit Against Tobacco Co. 

A group of Kentucky farmers have filed a lawsuit against Universal Leaf North America (ULNA) claiming the company "failed to honor contracts to purchase burley tobacco from them at the end of the 2010 crop year." The suit claims the tobacco crop was rejected by ULNA without inspection, a violation of contracts the company held with local farmers. The suit says hundreds of Kentucky farmers have lost millions of dollars.  Shawntaye Hopkins, Lexington Herald-Leader  03/28/2011

Read Article: Lexington Herald-Leader     

Laws/Cases

Suit Against Open Meetings Act Ruled Against

A federal judge in Texas ruled last week against a group of city officials from across the state who had filed a lawsuit against the Texas Open Meetings Act. The judge said the act "does not violate the free speech rights of politicians" but instead merely guarantees a citizen’s right to open government. Open meetings, the judge said, “enable public discussion and discourage government secrecy and fraud."  Chuck Lindell, Austin American Statesman  03/28/2011

Read Article: Austin American Statesman     

McDonald's Employee Exposure Suit Settled

A settlement has been reached in a suit filed against a Florida McDonald's after an employee exposed himself to a young female customer inside the restaurant. The lawsuit claimed proper hiring supervision rules were not in place, allowing the restaurant to hire a sex offender with an extensive criminal history. The suit claimed the incident caused the young girl to have anxiety attacks and an inability to main normal relationships with males. The terms of the settlement were undisclosed.  Amy Pavuk, Orlando Sentinel  03/26/2011

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Justice Department Files Suit Against California Landlord 

The U.S. Justice Department has filed a lawsuit against a Bakersfield, Calif., landlord accusing him of sexual harassment and retaliating against those who refused his advances. According to the lawsuit, over the last nine years, the landlord made sexual advances and inappropriate comments, among other things, to many of his female tenants and evicted some of the women who refused his sexual advances. The suit is representing an unnamed amount of plaintiffs and is seeking monetary damages for each.  Wire Report, San Jose Mercury News  03/25/2011

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Products

Candy Seller Recalls Gum with High Lead Level

Circle City Marketing and Distributing, also known as Candy Dynamics, has issued a recall of a single lot of Toxic Waste® Short Circuitsâ„¢ Bubble Gum. The recall came after tests by the Food and Drug Administration showed elevated levels of lead present in the products. There have been no illnesses reported in relation to the product.  Staff Report, PR Newswire  03/25/2011

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Supplement Recalled for Unapproved Ingredient

USA Far Ocean Group Inc. has issued a voluntary recall of a supplement named "U-Prosta Natural support for prostate health." The recall was issued after the Food and Drug Administration found an ingredient present in the supplement that qualified it as an unapproved drug. There have been no illnesses reported in connection with the product.  Staff Report, Kansas City Info Zine  03/24/2011

Read Article: Kansas City Info Zine     

[smazza]

Laws/Cases

Settlement in Works in Fraternity Lawsuit

A settlement is reportedly in the works over a lawsuit filed against a University of Kansas fraternity after a pledge's death in 2009. The boy was found dead in his bed one morning in March 2009 and autopsy reports showed he had alcohol poisoning. The boy had allegedly been drinking all night with fraternity brothers.  Staff and Wire Report, Kansas City Star  03/29/2011

Read Article: Kansas City Star     

Suit Filed Against Former Chicago PD Unit

A new lawsuit has been filed against a disbanded Chicago police unit, the Special Operations Section, that alleges illegal searches and instilling terror into local residents. According to the lawsuit, members of the unit, which disbanded in 2007, "pocketed thousands of dollars in nearly a dozen illegal searches, burglaries and kidnappings, often targeting narcotics dealers for their shakedowns." The suit also accuses the officers of harassing people and harshly detaining innocent civilians for no reason.  Annie Sweeney, Chicago Tribune  03/28/2011

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Low-Sodium Soup Not So Low-Sodium, Suit Says

Four New Jersey women have filed a lawsuit against Campbell Soup Co., claiming the company's "Low Sodium Tomato Soup" is misleading. The suit claims the low sodium soup has the same sodium level - 480 milligrams - as its regular tomato soup. Campbell argued in a statement that federal regulations do not require it to "specify how one soup compares with other products," but a U.S. District judge ruled that customers can reasonably expect the low-sodium soups to compare with the regular product.  P.J. Huffstutter, LA Times  03/29/2011

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Dress Code Suit Settled with Kansas Nightclub

A settlement has been reached in a lawsuit between a Kansas City nightclub and seven African-American family members who claimed they were discriminated against. The suit alleged they were denied admittance to the nightclub because of their attire, but saw similarly-dressed Caucasian customers being allowed entry. The terms of the settlement were undisclosed.  Lynn Horsley, Kansas City Star  03/28/2011

Read Article: Kansas City Star     

Alabama HIV Inmate Policy Discriminatory, Suit Says

A group of HIV-positive Alabama inmates have filed a lawsuit against the state claiming policies regarding HIV-positive inmates are discriminatory. The suit claims state prisons segregate inmates with HIV and make it impossible to keep their illness private. HIV-positive prisoners are limited to certain prisons, the suit also claims, keeping them from seeking transfers to prisons with certain work programs.  Kent Faulk, The Birmingham News  03/28/2011

Read Article: The Birmingham News     

Suit Over Digital Music May Increase Income for Older Artists

The Supreme Court has sided with a lower court's ruling in a lawsuit over the worth of music sold on iTunes, saying that digital music should be treated as a license, not a sale, which could potentially entitle artists to higher royalties. Experts say this decision will have a huge affect on older artists whose contracts pre-dated digital sales. For decades, artists have been getting 10-15 percent in royalty rates off sales; however, the licensing of music usually entitles an artist to a 50 percent share, because there is no packaging to be done by the record label.  Ben Sisario, The New York Times  03/27/2011

Read Article: The New York Times     

[smazza]

Laws/Cases

Two Suits Against Denver PD Allege Racial Bias

A pair of lawsuits have been filed in Colorado against the Denver Police Department alleging racial bias. The first suit claims officers arrested and jailed a legal Mexican immigrant, accusing him of being an illegal despite his legitimate identification. In the other suit, two African-American men claimed to have been pulled over by police and forced to sit out in freezing weather while officers taunted them. Charges in both cases were quickly dismissed. The lawsuits are seeking unspecified damages.  John Ingold , Denver Post  03/31/2011

Read Article: Denver Post     

Suit Tossed Against Bank of America, Merrill Lynch

A U.S. District judge has thrown out a lawsuit filed against Bank of America Corp. and Merrill Lynch & Co. that accused them of "devising a [racially] discriminatory retention bonus plan after the bank announced a proposal to buy the securities firm in 2008." The judge ruled it not "plausible" that knowledge of past or present discrimination by the defendants meant the pension plan itself was discriminatory. The lawsuit was the second race-related suit filed against Merrill Lynch.  Andrew Harris, Bloomberg  03/30/2011

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Suit Settled over Inmate Suicide in Miami Prison

The Florida Department of Corrections has agreed to a $500,000 settlement in a lawsuit filed against them over the suicide of a female inmate in 2006. The suit, filed by the woman's family, claimed she was kept in solitary confinement for weeks despite her well-known history of mental illness. The suit also alleges prison officials knew she had previously attempted suicide, but they failed to adequately supervise her.  Wire Report, Miami Herald  03/31/2011

Read Article: Miami Herald     

Products

Mowers with Faulty Switches Recalled

The Consumer Product Safety Commission has announced a recall of 3,700 ZRT mowers manufactured by Toro Co. The agency said a faulty switch on the machine may activate the mower "as the user vacates the seat," posing an increased risk of injury. The mowers were sold from September 2005 through January 2011.  Staff Report, United Press International  03/30/2011

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Contaminated Supplement Kills Nine in Alabama

Nine patients at six Alabama hospitals died and 10 others were sickened after being injected with the intravenous nutritional supplement Total Parenteral Nutrition. Federal officials believe the supplement may have been contaminated with the bacteria Serratia marcescens, which could have contributed to the patients' deaths. The supplements were mixed at the Meds IV Pharmacy in Birmingham, Ala.  Kevin Sack and Timothy Willaims, The New York Times  03/31/2011

Read Article: The New York Times     

Supermarket Chain Recalls Potato Salad

Price Chopper supermarkets have issued a recall of Regular Homestyle Potato Salad sold in stores due to potential listeria contamination. The product was sold in stores by the pound between March 19 and March 28. The company said there have been no illnesses reported associated with the product.  Eric Anderson, Alabany Times Union  03/29/2011

Read Article: Alabany Times Union     

[Bovine_fan]

I have a lot of catching up to do in this thread, but I am gonna love reading it.

Great idea.

[smazza]

bovine,

you will find some interesting cases here