PLAINTIFF LAWYER DOES IT AGAIN

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Laws/Cases

Baltimore Councilwoman Files Libel Lawsuit

A Baltimore city councilwoman has filed a libel and defamation lawsuit against the Washington Examiner and one of the staff writers. The lawsuit was filed over a column that claims the woman lives in a different city than the one she represents. The plaintiff says in her suit that the claims have caused her emotional distress and she is seeking $21 million in damages.  Staff Report, Baltimore Sun  05/10/2011

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Man's Passport Refused at Chipotle, Lawsuit Filed

A Hispanic man has filed a lawsuit against Chipotle after he attempted to purchase a beer from a Chipotle in Minnesota using a Mexican passport but was denied. The man, who was 37 at the time, claimed he was humiliated over the event, as he was repeatedly told that only an American passport could serve as identification. Minnesota law, however, allows a foreign national's passport as proof of age when buying an alcoholic beverage.  Jonathan Stempel, Reuters  05/11/2011

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Man on Death Row Insane, Lawsuit Claims 

Attorneys for a man on Ohio death row have filed a lawsuit attempting to halt his execution. According to the lawsuit, the man is mentally retarded and suffers from dementia, making him unable to understand why he is about to be executed. If the claims are true, executing the man would be unconstitutional. The plaintiff was sentenced to death in 1984 for committing two murders.  Kimball Perry, The Cincinnati Enquirer  05/09/2011

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Products

FDA Warns Against Oysters from Florida

The U.S. Food and Drug Administration has announced that consumers should avoid eating or purchasing oysters from Area 1642 in Apalachicola Bay, Fla. The agency said the products from this area may be contaminated with toxigenic Vibrio cholerae. There have been nine reports of people contracting the illness.  Staff Report, PR Newswire  05/10/2011

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Federal Officials Investigating F-150 Trucks

The National Highway Traffic Safety Administration has begun investigating potential fuel tank problems in Ford F-150 trucks that could affect more than 2.7 million vehicles. The agency said "the steel straps holding up the truck's gas tank can rust and break, possibly causing a fuel spill and fire." Ford has received 243 reports of tanks falling from the trucks and two fires starting as a result.  Wire Report, San Francisco Chronicle  05/09/2011

Read Article: San Francisco Chronicle     

300,000 Sheet Sanders Recalled

The Consumer Product Safety Commission has announced a recall of 300,000 Ryobi 1/4 sheet sanders due to laceration hazards. The agency said pieces of the fan can break off from the fan assembly and be ejected from the product. Ryobi has received two reports of pieces of the fan causing minor cuts to users.  Staff Report , Kansas City Info Zine  05/07/2011

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Laws/Cases

Blackberry Tablet Recalled over Faulty Software

Research In Motion Ltd. (RIM) has announced a recall of 1,000 Blackberry tablets due to a glitch in the product's software. The company announced today that the glitch may cause the tablet's software to load incorrectly. The company said most of the affected products have not been sold to customers, but those with malfunctioning tablets should contact RIM.  Hugo Miller, Bloomberg  05/16/2011

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Death of Detainee Prompts Lawsuit

A lawsuit has been filed over the death of an immigrant detainee in a Suffolk County jail. The man died in 2009 from a heart attack caused by a sepsis infection which the lawsuit claims went ignored and untreated by jail officials. The lawsuit states "Suffolk officials waited too long to take [the plaintiff] to the hospital, allowing the infection to spread." The suit is seeking unspecified damages.  Maria Sacchetti, Boston Globe  05/16/2011

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Judge Rules for Kodak in Infringement Suit

The International Trade Commission judge ruled in favor of Kodak last week in a patent infringement lawsuit filed by Apple against the camera company. Apple's lawsuit claimed Kodak had copied the company's "patented technology for digital cameras." The full commission will decide whether to uphold or reject the judge's ruling by Sept. 9.  Staff Report, Reuters  05/12/2011

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Former College Baseball Player Files Lawsuit

A former Mississippi State University baseball player has filed a lawsuit against MSU baseball coach John Cohen, alleging he was forced to play and practice while injured and that the coach knowingly broke NCAA rules. The plaintiff claims Cohen forced him to pitch during practice and games while injured, forcing him to need surgery on his shoulder. The lawsuit also alleges Cohen forced his team to practice more during the week that what was allowed by NCAA regulations.  Brandon Marcello, The Jackson Clarion-Ledger  05/14/2011

Read Article: The Jackson Clarion-Ledger     

Suit Settled over Groping at Epcot Center

Disney has settled a lawsuit filed over alleged inappropriate conduct by an employee dressed as Donald Duck at Florida's Epcot Center. The lawsuit claimed the employee "groped" a woman at the park and caused her "physical injuries and emotional trauma." The amount of the settlement was undisclosed.  Staff Report, United Press International  05/14/2011

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Information Act Suit Filed Seeking Bin Laden Pictures

The public interest group Judicial Watch has filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Defense seeking the release of images and videos surrounding the death of Osama bin Laden. The interest group stated that the "American people have a right to know, by law, basic information about the killing of Osama bin Laden." Under the FOIA, the government has 20 days to respond to the request, but the Defense Department instead issued a statement, saying, "At this time, we are unable to make a release determination on your request within the 20-day statutory time period."  Wire Report, The Sacramento Bee  05/13/2011

Read Article: The Sacramento Bee 

[Jihme]

wow.  the types of things people can get away with is ridiculous...

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Issues

FDA to Discuss Dosage Labels on Fever-Reducers

Two advisory committees for the U.S. Food and Drug Administration will meet today to discuss potentially fine-tuning the dosing instructions on the labels of medicines containing acetaminophen to protect young children. Medications containing acetaminophen, including fever-reducers, can be toxic to a young child's liver if taken in high doses. In 2010, there were 270,000 reported overdoses of acetaminophen, according to the American Association of Poison Control Centers. Currently the label on these medications only says "ask a doctor" in the recommended dosage area.  Jenifer Goodwin, US News and World Report  05/17/2011

Read Article: US News and World Report     

Laws/Cases

Dilliard's Settles Age Discrimination Lawsuit

Department store giant Dillard's has settled a $50,000 lawsuit in which a former employee accused the company of age discrimination. According to the lawsuit, the plaintiff was fired at the age of 61 from her area sales manager job in 2008 and replaced with a 24-year-old employee who only had four months of experience. The woman had been at her job for four years and had received positive reviews during her previous evaluations, the suit said.  Sue Stock, News & Observer  05/17/2011

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Student Wrongfully Forced Out of College, Suit Says

A former student at the Community College of Allegheny County in Pennsylvania has filed a lawsuit against the school, claiming she was forced to withdraw from the radiology program because of a conversation that was mentioned on Facebook. According to the lawsuit, details of a private conversation between the plaintiff and her sister regarding a radiologist technician at a local hospital whom she was shadowing were discussed on Facebook by third parties. Department officials at the school saw the postings and declared the plaintiff had violated school policies, forcing her to withdraw or receive an “F†grade. The suit cites violation of due process and breach of contract and is seeking unspecified damages.  Rich Lord, Pittsburgh Post-Gazette  05/16/2011

Read Article: Pittsburgh Post-Gazette     

$7 Million Malpractice Settlement Approved

A $7 million settlement in a malpractice suit between four medical professionals at a Worcester, Mass., hospital and the mother of a disabled child has been approved. The suit alleged doctors and officials at the hospital failed to tell the mother of tests that could have been done to test her child for genetic disorders before she was born. The tests could have prompted the plaintiff to have an abortion "rather than carry her now-disabled child to term," her lawyer told the Boston Globe.  Travis Andersen, Boston Globe  05/06/2011

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Products

Meat Distributer Recalls Pastrami

Meat supplier Rose & Shore have issued a recall of their pastrami meat product after finding one of the lots to be contaminated with Listeria Monocytogenes. Much of the pastrami was distributed to a chain of sandwich restaurants based out of northern California, Togo's Sandwiches. There have been no reports of illnesses associated with the recalled meat.  Staff Report, Business Wire  05/14/2011

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GM Recalls Trucks to Fix Wipers

General Motors has issued a recall of 4,500 Chevrolet Colorado and GMC Canyon pickups after it was discovered that nuts in the windshield wipers may not have been tightened sufficiently. The company said because of this, the wiper arm may not work if snow or ice were to build up on the windshield. The trucks affected are all 2011 model-year vehicles.  Deepa Seetharaman, Reuters  05/11/2011

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Laws/Cases

Volvo Settles Class-Action Suit over Heath Benefits

Volvo AB has agreed to a $525 million settlement in a class-action lawsuit filed by more than 9,300 retirees against the company's Mack Truck Inc. unit. The suit claimed the company "illegally reduced [the retirees] lifetime health benefits." The $525 million settlement will be paid to a trust to fund a new health care plan in five annual payments, Reuters reported.  Jonathan Stempel, Reuters  05/17/2011

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Las Vegas News Anchor Alleges Racial Bias

A Las Vegas television news anchor has filed a racial discrimination lawsuit against her employer, KSNV-TV. In her lawsuit, the plaintiff, a 20-plus year veteran at the station, claims her contract has not been renewed because of the racial, ethnic and gender bias of the news director. Recent hires have all been young, white males, the lawsuit claims.  Carri Geer Thevenot, Las Vegas Review Journal  05/17/2011

Read Article: Las Vegas Review Journal     

Another Suit Filed over Pipeline Explosion

Another lawsuit has been filed against Pacific Gas & Electric Co. over a deadly pipeline explosion in San Bruno last year. The suit was filed by a representative of one of the men killed in the blast, and claims that "poor maintenance and construction resulted in an 'inevitable explosion' of the gas line." The suit is seeking unspecified damages. The blast occurred on Sept. 9, killing eight people.  Wire Report, San Francisco Chronicle  05/16/2011

Read Article: San Francisco Chronicle     

Suit: San Diego School Stifled Student Free Speech

A lawsuit has been filed against La Jolla High School in San Diego, claiming school officials "illegally blotted out political messages painted by Iranian-American students on 'senior benches' that have long served as an open forum on campus." Several Iranian students painted messages on the benches supporting freedom in Iran in February, but the messages were covered up because they were not "positive messages of school spirit," school officials said. The lawsuit claims the officials used vague requirements to stifle the students' freedom of speech.  Maureen Magee, San Diego Union Tribune  05/16/2011

Read Article: San Diego Union Tribune     

Death of Ole Miss Football Player Prompts Lawsuit

The death of a walk-on football player at Ole Miss has prompted a lawsuit from the family against the school and a host of other defendants. The lawsuit alleges the school did not make Bennie Abram aware that he had sickle cell trait after his initial blood tests; an autopsy after Abram's death found that sickle cell contributed to the boy's death. The suit also claims the Feb. 19 workout at which the boy died was "careless and recklessly excessive." The suit is seeking unspecified damages.  Kyle Veazey, The Jackson Clarion-Ledger  05/17/2011

Read Article: The Jackson Clarion-Ledger     

Products

Dog Treats Recalled Due to Salmonella Risk

Boss Pet Products, Inc. has announced a recall of five different package sizes of Diggers Natural Treat Pig Ear pet treats due to the potential contamination with salmonella. The potentially affected products were shipped by the company between Nov. 2010 and April 2011 to 19 states, including Texas, New York and Illinois. The recall is a result of a reported illness to one dog in Missouri.  Staff Report, PR Newswire  05/17/2011

Read Article: PR Newswire     

More Tea Lights Recalled over Burn, Fire Risk

The Consumer Product Safety Committee has announced a recall of 7,600 Katie Brown 12-piece tea light candle sets due to a burn and fire hazard associated with their use. Imported by Meijer Inc., the agency said the clear plastic candle holder can ignite and potentially burn the user or start a larger fire. There has been one report of the holder igniting, but no injuries occurred.  Staff Report, PR Newswire  05/18/2011

Read Article: PR Newswire     

[Rizman]

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Laws/Cases

Largest California False Claims Lawsuit Settled

Medical lab services provider Quest Diagnostics Inc. has agreed to a $241 million settlement in a whistle-blower lawsuit filed against the company over fraudulent Medi-Cal charges. The settlement was the largest in the state's history under the California False Claims Act. On top of the fraudulent charges, the lawsuit also alleges Quest "paid illegal kickbacks to doctors, hospitals and clinics that sent patients their way."  Marc Lifsher, LA Times  05/20/2011

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Suit: Girl Raped by Buffalo YMCA Counselor 

The family of a New York girl has filed a lawsuit against the Buffalo YMCA, alleging a camp counselor raped the girl during camp last July. The girl became pregnant and contracted a sexually transmitted disease as a result, the lawsuit claims. The suit accuses the YMCA of negligence and says that while it fired the employee when the **** was discovered, the company failed to notify the police. The lawsuit is seeking unspecified damages.  Aliyah Shahid , New York Daily News  05/21/2011

Read Article: New York Daily News     

Motrin Injuries Cost Johnson & Johnson $10 Million

A Pennsylvania jury has ordered Johnson & Johnson to pay $10 million to the family of a teenage girl who suffered injuries after taking Children’s Motrin. According to the lawsuit, taking the medication in 2000 as a toddler resulted in blindness in one eye and burns over 84 percent of the girl’s body. The jury ruled the company was "negligent for not providing a proper warning about Children’s Motrin’s risks."  Jef Feeley and Christopher Yasiejko, Bloomberg  05/20/2011

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LAPD Officer Awarded $1.16 Million in Suit

A California jury awarded a Los Angeles police sergeant $1.16 million in a bias lawsuit he filed against the department. The plaintiff claimed in the suit he was transferred to another department after complaining about how his boss was treating him in light of the fact that he is gay. The transfer left the plaintiff "without a chance for significant promotions and pay increases," the suit alleged.  City News Service, San Jose Mercury News  05/19/2011

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Products

Philips Healthcare Recalls CO2 Sampling Lines

Philips Healthcare has issued a recall of infant and neonatal-sized Philips FilterLine H Set and VitaLine H Set Microstream carbon dioxide (CO2) sampling lines due to bits of plastic that may become lodged in the tubes. The devices are used to measure the amount of carbon dioxide exhaled by infants during ventilation. The company said that when in use, the bits of plastic may be inhaled by the infant. The affected products were shipped to healthcare providers between November 2010 and March 2011.  Staff Report, PR Newswire  05/20/2011

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Honda Civics Recalled for Potential Fuel Leak

Automaker Honda has issued a recall of 1,156 Civics due to a problem with the vehicle's gas line that can pose a fire hazard. The National Highway Traffic Safety Administration said in a statement that a misalignment with the car's O-ring may lead to a fuel leak. The recall affects 2012 model year two-door and four-door Civics.  Staff Report, United Press International  05/23/2011

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Issues

FDA Issues Warning About SimplyThick 

The U.S. Food and Drug Administration announced last week that parents should not feed milk or formula mixed with SimplyThick to premature babies. The agency said it has received reports that 15 infants who had been given the product developed a "life-threatening intestinal condition." The FDA releases a statement saying it is investigating reasons why SimplyThick made the children sick, and strongly recommends not giving the product to babies who are younger then 37 weeks old.  Marissa Cevallos, LA Times  05/23/2011

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Laws/Cases

Child's Death at Staples Center Prompts Lawsuit

A Los Angeles family has filed a lawsuit against Anschutz Entertainment Group and L.A. Arena Co. after their 2-year-old son fell to his death from a Staples Center luxury box at the end of a Lakers game last year. The suit claims the defendants failed to warn users about the "dangerous design" of the skyboxes and that the barriers are not tall enough. The lawsuit is seeking unspecified monetary damages and an injunction "requiring the installation of taller barriers in front of the boxes."  Chuck Schilken, LA Times  05/25/2011

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Wrongful Death Suit Filed over Police Shooting

The fatal shooting of a Grand Junction, Colo., man by a state trooper has prompted a wrongful death lawsuit against the department and the trooper responsible. The lawsuit, filed by the man's family, claims the officer "acted illegally" in shooting them man while investigating a potential drunk driving case. The Denver Post reported that the victim was unarmed at the time of the shooting.  Staff Report, Denver Post  05/25/2011

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Bank of America Agrees to Settlement in Fees Lawsuit

Bank of America has agreed to a $410 million settlement for their part in a broad class-action lawsuit filed by consumers against excessive overdraft fees. The lawsuit accuses many of the nation's banks of "manipulating debit transactions to maximize the fees they could charge customers who exceeded the balance in their accounts." Other defendants in the lawsuit include JPMorgan Chase, Wells Fargo, U.S. Bank, and Citibank  Andrew Martin, The New York Times  05/23/2011

Read Article: The New York Times     

Suit: Fat Content on Oscar Mayer Products Misleading

A lawsuit has been filed against Oscar Mayer Foods, claiming the company is misleading customers about the amount of fat in some of its lunch meats. The lawsuit states the company tricks customers by juxtaposing "the percentage of total 'fat free' content next to the number of calories per serving on product labels," misleading customers about the actual amount of fat in the products. The lawsuit believes Oscar Mayer and its parent company, Kraft Foods, to be liable for more $5 million.  Staff Report, Reuters  05/24/2011

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Products

STIHL Recalls 2.3 Million Yard Products

The Consumer Product Safety Commission has announced a recall of 2.3 million various gas powered STIHL yard trimming products due to burn and fire risks. The company reported that the level of ethanol can distort the fuel cap and allow for fuel to spill out, posing injury risks. The recall covers trimmers, brushcutters, KombiMotors, hedge trimmers, edgers, clearing saws, pole pruners, and backpack blowers.  Staff Report, PR Newswire  05/25/2011

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Slimming Capsules Recalled by Globe All Wellness

Globe All Wellness, LLC has issued a recall of bottles of Slim Xtremeâ„¢ Herbal Slimming Capsules after the U.S. Food and Drug Administration discovered an undeclared drug ingredient in the product. The drug, Sibutramine, has not been approved by the FDA. The agency said Sibutramine may present health risks for users with "a history of coronary artery disease, congestive heart failure, arrhythmias or stroke." There have been no illnesses reported associated with the product.  Staff Report, PR Newswire  05/25/2011

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Laws/Cases

Suit: Woman Raped by Chicago PD, City did Nothing

A Chicago woman has filed a lawsuit against the Chicago Police Department, claiming she was raped by two officers and the department did nothing to investigate the crime. The lawsuit alleges "Chicago police officers accused of sexual misconduct against citizens can be confident that the city will not investigate those accusations in earnest." The officers accused of **** in this lawsuit have been previously accused of similar crimes, the suit states.  Jason Meisner, Chicago Tribune  05/26/2011

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Suit Settled over Car Crash with Police Cruiser

A Seattle man has received $650,000 to settle a lawsuit he filed against the Seattle Police Department for a crash he was involved in with a police car in February 2009. The officer was traveling over a bridge in Seattle when he lost control of his vehicle on a patch of ice and struck the plaintiff's truck, the suit said. The man suffered injuries to his chest, neck, back and abdomen.  Jennifer Sullivan, Seattle Times  05/25/2011

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Man Hit and Killed by Muni Bus, Suit Says

A lawsuit has been filed over the death of a San Francisco man who was hit by a Muni bus in April of last year. According to the lawsuit, the man was crossing the street when the bus struck him, pinning him against another bus. The driver was unwrapping a candy bar when she saw the man and accidentally hit the accelerator instead of the brakes. The suit, filed by the man's husband, is seeking unspecified damages.  Will Reisman, San Francisco Examiner  05/24/2011

Read Article: San Francisco Examiner     

Products

255,000 Food Processors Recalled 

The Consumer Product Safety Commission has announced a recall of 255,000 General Electric food processors sold at Walmart. The agency said the safety lock that keeps the lid in place while in use can fail, posing laceration risks, and the product can also emit smoke or catch fire. There have been 58 total reports regarding the various defects, including 21 reports of injuries to fingertips.  Staff Report , Kansas City Info Zine  05/26/2011

Read Article: Kansas City Info Zine     

Potential Contamination Prompts Bean Paste Recall

Nielsen-Massey Vanillas, Inc. has issued a voluntary recall of a lot of its Bourbon Pure Vanilla Bean Paste due to the potential presence of Listeria monocytogenes. The company discovered the potential contamination during a routine test earlier this month. If consumed, Listeria can cause high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea.  Heather McPhearson, Orlando Sentinel  05/25/2011

Read Article: Orlando Sentinel     

Nissan to Recall Minivans in Japan and Hong Kong

Nissan Motor Co. has announced a recall of around 270,000 Serena minivans in Japan and Hong Kong. The recall was initiated after it was discovered that problems in the vehicle's fuel tank could cause an engine stall. A Nissan spokesperson said there have been no reports of injuries associated with the defects.  Chang-Ran Kim, Reuters  05/26/2011

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Issues

FDA Cracking Down on Tobacco Marketing

The U.S. Food and Drug Administration has issued 11 warnings to various online retailers over illegal practices of marketing tobacco products as able to "reduce harm or the risk of tobacco-related disease." Terms such as "Light," "Low," "Mild," "Less toxic," or "Safer" are violations of the Federal Food, Drug and Cosmetic Act and have not been proven in lab testing, the agency said. These false advertising words may lead to increased use in tobacco, which can do more harm to users.  Staff Report, The Sacramento Bee  05/25/2011

Read Article: The Sacramento Bee     

Laws/Cases

Atlanta Pastor Resolves Sex Coercion Lawsuit

Atlanta megachurch pastor Eddie Long has "resolved" a lawsuit filed against him by four male members of the congregation who claimed Long "coerced them into sexual relationships." The lawsuit was filed last September, and Long vehemently denied the charges. Neither side has discussed the details of the lawsuit resolution, sources said.  David Beasley, Chicago Tribune  05/26/2011

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Dialysis Company Settles Whistleblower Suit

Kidney dialysis provider Fresenius Medical Care AG has been ordered to pay $82.6 million to settle a whistleblower lawsuit accusing the company of overcharging Medicare. The lawsuit claimed Fresenius and two of its subsidiaries overbilled Medicare between 1999 and 2005 for home support dialysis supplies.  David Voreacos and Margaret Cronin Fisk, Bloomberg  05/26/2011

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Lawsuit Filed Against Chicago over Model's Death

The father of a model from Bosnia has filed a lawsuit against the city of Chicago over her drowning in the Chicago River. The model's car crashed through barricades on Blackhawk Street and into the river on May 12, the Chicago Tribune reported. The suit claims the city allowed the barricades to "fall into disrepair" and failed to warn drivers about the "dangerous condition" of the city-owned area. The suit is seeking unspecified damages.  William Lee, Chicago Tribune  05/26/2011

Read Article: Chicago Tribune     

Products

More than 1 Million Pool Drain Covers Recalled

The Consumer Product Safety Commission has announced a recall of about 1 million pool drain covers to check the accuracy of the flow rates. Drain covers are required on pools to prevent swimmers from being trapped under water by the drain suction. During an investigation, the agency discovered that many of the drain covers were certified using "faulty standards." CPSC officials recommend all private pool owners immediately contact their drain maker.  Gregory Korte, USA Today  05/27/2011

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Lot of Japanese Encephalitis Vaccine Recalled

Intercell has issued a recall of its Japanese encephalitis vaccine Ixiaro that was distributed throughout the European Union due to potential loss of potency. Company officials said only one lot of the 40 released will be affected by the recall, but recommends anyone traveling to regions of exposure be re-vaccinated. The company said as the vaccine reaches the end of its shelf-life, its potency can drop off suddenly.  Sylvia Westall and Ben Hirschler, Reuters  05/27/2011

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More Strollers Recalled Due to Choking Risk

The Consumer Product Safety Commission has announced a recall of 2,300 strollers distributed by Lan Enterprises due to strangulation risks. The company said the opening between the armrest bar/snack tray and seat bottom of the stroller is big enough for an infant to slide through and become trapped at the neck. There have been no injuries reported associated with the recall.  Staff Report, PR Newswire  05/27/2011

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