Monday, February 21, 2005
Oakland settles lawsuit over teen's beating
The city of Oakland has agreed to pay $150,000 to settle a lawsuit filed by a teenager who was beaten during a scuffle with four police officers.
Michael Muscadine, now 18, said he was beaten unconscious after he refused to cooperate with officers who responded to a family dispute at his home in February of 2001.
The officers said in their reports that they had been dispatched to a fight shortly after midnight and arrived to find Muscadine's father sitting on him. They said the teenager was belligerent, smelled of alcohol and yelled profanities at them.
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The city of Oakland has agreed to pay $150,000 to settle a lawsuit filed by a teenager who was beaten during a scuffle with four police officers.
Michael Muscadine, now 18, said he was beaten unconscious after he refused to cooperate with officers who responded to a family dispute at his home in February of 2001.
The officers said in their reports that they had been dispatched to a fight shortly after midnight and arrived to find Muscadine's father sitting on him. They said the teenager was belligerent, smelled of alcohol and yelled profanities at them.
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Lawsuit claims Blockbuster's new late fee policy is deceptive
The nation's largest video rental chain is in trouble for its new "no late fees" policy.
On Friday, New Jersey Attorney General Peter Harvey filed a lawsuit against Blockbuster claiming the company has been misleading customers by charging other fees hidden in the fine print.
Blockbuster rolled out its new "no late fee" policy last month, spending $50 million to put the new plan into practice.
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The nation's largest video rental chain is in trouble for its new "no late fees" policy.
On Friday, New Jersey Attorney General Peter Harvey filed a lawsuit against Blockbuster claiming the company has been misleading customers by charging other fees hidden in the fine print.
Blockbuster rolled out its new "no late fee" policy last month, spending $50 million to put the new plan into practice.
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Lawsuit against Apple Class-action status sought over firm's business practices
A lawsuit seeking class-action status was filed in San Francisco charging Apple Computer Inc. with selling used computers as new, setting warranties to expire prematurely and engaging in unfair business practices against its authorized resellers.
The 26-page complaint was hurriedly submitted late Thursday to Superior Court after Congress passed a bill that would curb future class-action lawsuits, David Franklin, one of the three attorneys who filed the case, said Friday.
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A lawsuit seeking class-action status was filed in San Francisco charging Apple Computer Inc. with selling used computers as new, setting warranties to expire prematurely and engaging in unfair business practices against its authorized resellers.
The 26-page complaint was hurriedly submitted late Thursday to Superior Court after Congress passed a bill that would curb future class-action lawsuits, David Franklin, one of the three attorneys who filed the case, said Friday.
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MCI shareholder sues to block Verizon deal-lawsuit
An MCI Inc. (MCIP.O: Quote, Profile, Research) shareholder sued to block the long-distance telephone company's $6.6 billion takeover by Verizon Communications Inc.(VZ.N: Quote, Profile, Research) , saying the price was too low.
The lawsuit, which was filed on Friday in Delaware, said MCI and its board of directors breached their fiduciary duties "by depriving MCI's public stockholders of maximum value to which they are entitled."
A copy of the lawsuit, which seeks class-action status on behalf of MCI shareholders, was obtained by Reuters on Saturday.
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An MCI Inc. (MCIP.O: Quote, Profile, Research) shareholder sued to block the long-distance telephone company's $6.6 billion takeover by Verizon Communications Inc.(VZ.N: Quote, Profile, Research) , saying the price was too low.
The lawsuit, which was filed on Friday in Delaware, said MCI and its board of directors breached their fiduciary duties "by depriving MCI's public stockholders of maximum value to which they are entitled."
A copy of the lawsuit, which seeks class-action status on behalf of MCI shareholders, was obtained by Reuters on Saturday.
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Judge tosses Catawba lawsuit
A federal judge has dismissed the Catawba Indian Nation's lawsuit seeking to affirm its right to offer video gambling on its York County reservation, The (Rock Hill) Herald reported Saturday.
The Catawbas had filed the lawsuit as a way to pressure state and local officials to let the tribe open a 24-hour, high-stakes bingo hall off Interstate 95 in Santee.
"We're assessing what avenues to take," said the tribe's attorney, Jay Bender, whose clients in other matters have included The T&D.
"With the General Assembly back in session, a legislative option is a possibility. Litigation also is a possibility," Bender said.
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A federal judge has dismissed the Catawba Indian Nation's lawsuit seeking to affirm its right to offer video gambling on its York County reservation, The (Rock Hill) Herald reported Saturday.
The Catawbas had filed the lawsuit as a way to pressure state and local officials to let the tribe open a 24-hour, high-stakes bingo hall off Interstate 95 in Santee.
"We're assessing what avenues to take," said the tribe's attorney, Jay Bender, whose clients in other matters have included The T&D.
"With the General Assembly back in session, a legislative option is a possibility. Litigation also is a possibility," Bender said.
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Florida House settles computer lawsuit for $3.75 million
The Florida House of Representatives has agreed to pay $3.75 million in a settlement with a computer company that claimed a former House speaker allowed political friends to muscle the firm out of a government software contract.
House leaders announced the settlement Saturday with Hayes E-Government Resources, a Tallahassee computer firm hired in 2002 to create a Web-based computer system to draft and track House bills. Under the deal, the House is entitled to about a 5 percent commission on future sales of the computer system.
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The Florida House of Representatives has agreed to pay $3.75 million in a settlement with a computer company that claimed a former House speaker allowed political friends to muscle the firm out of a government software contract.
House leaders announced the settlement Saturday with Hayes E-Government Resources, a Tallahassee computer firm hired in 2002 to create a Web-based computer system to draft and track House bills. Under the deal, the House is entitled to about a 5 percent commission on future sales of the computer system.
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Include Avalanche in any conspiracy lawsuit
What Todd Bertuzzi did to Steve Moore was wrong. But he has already paid in many ways for his mistake.
Now Moore's lawyers are taking Bertuzzi to an American court, after Bertuzzi was charged and pleaded guilty in a Canadian court.
I don't condone what Bertuzzi did. But why was Moore on the ice in a runaway Avalanche victory, especially considering his history with Markus Naslund?
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What Todd Bertuzzi did to Steve Moore was wrong. But he has already paid in many ways for his mistake.
Now Moore's lawyers are taking Bertuzzi to an American court, after Bertuzzi was charged and pleaded guilty in a Canadian court.
I don't condone what Bertuzzi did. But why was Moore on the ice in a runaway Avalanche victory, especially considering his history with Markus Naslund?
Read More...
Sunday, February 20, 2005
Lawyer has opponents afraid, very afraid
WHEN it comes to asbestos litigation, Steven Kazan is one of the most feared men in corporate America - because he doesn't bluff, and he usually wins.
Kazan heads an Oakland, California, plaintiff law practice that not only deals in nothing but asbestos disease litigation, but is further specialised to handle almost exclusively the most appalling asbestos disease, the cancer mesothelioma, which crushes the lungs.
Many garden-variety plaintiff lawyers in the US take speculative punts, to the point of conducting mass screenings of working-class people in the hope of finding the slightest spot on the lung, to beat up into what may be a phoney case.
By contrast, Kazan deals only with the real thing.
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WHEN it comes to asbestos litigation, Steven Kazan is one of the most feared men in corporate America - because he doesn't bluff, and he usually wins.
Kazan heads an Oakland, California, plaintiff law practice that not only deals in nothing but asbestos disease litigation, but is further specialised to handle almost exclusively the most appalling asbestos disease, the cancer mesothelioma, which crushes the lungs.
Many garden-variety plaintiff lawyers in the US take speculative punts, to the point of conducting mass screenings of working-class people in the hope of finding the slightest spot on the lung, to beat up into what may be a phoney case.
By contrast, Kazan deals only with the real thing.
Read More...
Sheriff settles Taser lawsuit
An Orlando man who was struck with a Taser and then arrested for cursing after a traffic accident in early 2003 has settled a civil lawsuit against the Orange County Sheriff's Office for $32,500.
The settlement comes as the Sheriff's Office awaits recommendations from a local Taser task force, which is looking at how and when the stun guns should be used.
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An Orlando man who was struck with a Taser and then arrested for cursing after a traffic accident in early 2003 has settled a civil lawsuit against the Orange County Sheriff's Office for $32,500.
The settlement comes as the Sheriff's Office awaits recommendations from a local Taser task force, which is looking at how and when the stun guns should be used.
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Wal-Mart files trade-secrets lawsuit
Wal-Mart Stores Inc. sued a former computer worker Friday, alleging the man stole trade secrets shortly before resigning to work out of state for another company.
The lawsuit, filed in Benton County Circuit Court, alleges that Daniel A. Doffermyre worked for the company for more than four years as a systems programmer and had access to confidential information on a UNIX-based operating system the company uses to support various software applications.
Before submitting his resignation Feb. 15, Doffermyre sent 10 e-mails, apparently to his home e-mail address, that contained 13.3 megabytes of Wal-Mart data, the lawsuit said.
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Wal-Mart Stores Inc. sued a former computer worker Friday, alleging the man stole trade secrets shortly before resigning to work out of state for another company.
The lawsuit, filed in Benton County Circuit Court, alleges that Daniel A. Doffermyre worked for the company for more than four years as a systems programmer and had access to confidential information on a UNIX-based operating system the company uses to support various software applications.
Before submitting his resignation Feb. 15, Doffermyre sent 10 e-mails, apparently to his home e-mail address, that contained 13.3 megabytes of Wal-Mart data, the lawsuit said.
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Bush Signs Lawsuit Reform
President Bush has signed into law new rules changing how Americans can sue corporations for fraud or negligence.
President Bush's first legislative victory of his second term delivers on a campaign promise to end what he calls junk lawsuits that are driving up the cost of doing business.
"The bill will ease the needless burden of litigation on every American worker, business, and family," he said. "By beginning the important work of legal reform, we are meeting our duty to solve problems now and not to pass them on to future generations."
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President Bush has signed into law new rules changing how Americans can sue corporations for fraud or negligence.
President Bush's first legislative victory of his second term delivers on a campaign promise to end what he calls junk lawsuits that are driving up the cost of doing business.
"The bill will ease the needless burden of litigation on every American worker, business, and family," he said. "By beginning the important work of legal reform, we are meeting our duty to solve problems now and not to pass them on to future generations."
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Quotes could haunt Canucks in lawsuit
An on-ice collision between Colorado Avalanche forward Steve Moore and Canucks star Markus Naslund triggered ''an unlawful plan'' last year among Vancouver players Todd Bertuzzi, Brad May and others to assault and injure Moore later, a lawsuit filed by Moore alleges.
The stunning allegation is contained in a 12-page complaint filed by Moore in the District Court in Denver, home of the Avalanche, as part of a lawsuit that names as defendants, Bertuzzi, May, Canucks coach Marc Crawford, former GM Brian Burke and Orca Bay Ltd., owner of the Canucks.
In December, Bertuzzi entered a guilty plea in provincial court in Vancouver to assault causing bodily harm and was given a conditional sentence, a sentence that could carry no criminal record.
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An on-ice collision between Colorado Avalanche forward Steve Moore and Canucks star Markus Naslund triggered ''an unlawful plan'' last year among Vancouver players Todd Bertuzzi, Brad May and others to assault and injure Moore later, a lawsuit filed by Moore alleges.
The stunning allegation is contained in a 12-page complaint filed by Moore in the District Court in Denver, home of the Avalanche, as part of a lawsuit that names as defendants, Bertuzzi, May, Canucks coach Marc Crawford, former GM Brian Burke and Orca Bay Ltd., owner of the Canucks.
In December, Bertuzzi entered a guilty plea in provincial court in Vancouver to assault causing bodily harm and was given a conditional sentence, a sentence that could carry no criminal record.
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Rwanda lawsuit for French troops
Six Rwandan citizens have filed a lawsuit in France accusing French soldiers of complicity in genocide.
The Paris army tribunal - the only court that can try French troops for crimes committed abroad - will decide whether to take up the complaint.
The suit was filed against unnamed defendants by lawyers of the six, who survived the 1994 massacres.
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Six Rwandan citizens have filed a lawsuit in France accusing French soldiers of complicity in genocide.
The Paris army tribunal - the only court that can try French troops for crimes committed abroad - will decide whether to take up the complaint.
The suit was filed against unnamed defendants by lawyers of the six, who survived the 1994 massacres.
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EFF Joins Fight Against Apple Lawsuit
The BBC is carrying a story on the legal battle between Apple and free press advocates. The Electronic Frontier Foundation has joined in the fight to protect journalists from revealing their sources. Which carries more weight: the right of Apple to protect their trade secrets or the rights of journalists to protect their sources?
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The BBC is carrying a story on the legal battle between Apple and free press advocates. The Electronic Frontier Foundation has joined in the fight to protect journalists from revealing their sources. Which carries more weight: the right of Apple to protect their trade secrets or the rights of journalists to protect their sources?
Read more...
Sunken Barges Lawsuit
A U.S. Coast Guard spokesman says it may be awhile before details of a January 6 barge accident on the Ohio River are released.
Lt. Chris Vargo says the investigation is ongoing, but has been delayed pending accurate damage estimates to the Belleville Lock and Dam, the towboat and the barges.
Three barges slammed into the dam after breaking loose from their towboat. The barges twisted around concrete piers that control water control gates.
Because the gates couldn't close, water in a 42-mile stretch of the Ohio River fell too low to allow barge traffic.
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A U.S. Coast Guard spokesman says it may be awhile before details of a January 6 barge accident on the Ohio River are released.
Lt. Chris Vargo says the investigation is ongoing, but has been delayed pending accurate damage estimates to the Belleville Lock and Dam, the towboat and the barges.
Three barges slammed into the dam after breaking loose from their towboat. The barges twisted around concrete piers that control water control gates.
Because the gates couldn't close, water in a 42-mile stretch of the Ohio River fell too low to allow barge traffic.
Read More...
Jail contractor pushes religion, lawsuit charges
The hiring of a contractor that allegedly mixes religion with the vocational training it provides to inmates at a northern Pennsylvania jail violates the state and federal constitutions, two national civil-liberties groups charged Thursday in a lawsuit filed in federal court.
The groups - Americans United for Separation of Church and State, and the American Civil Liberties Union - are seeking a court order barring The Firm Foundation of Bradford County from including religious activities in the program it has operated for the Bradford County Correctional Facility since 2002.
The civil suit, filed in U.S. District Court in Scranton on behalf of a half-dozen local citizens, alleges that the company's employees proselytize inmates in the work-release program and pressure them to pray.
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The hiring of a contractor that allegedly mixes religion with the vocational training it provides to inmates at a northern Pennsylvania jail violates the state and federal constitutions, two national civil-liberties groups charged Thursday in a lawsuit filed in federal court.
The groups - Americans United for Separation of Church and State, and the American Civil Liberties Union - are seeking a court order barring The Firm Foundation of Bradford County from including religious activities in the program it has operated for the Bradford County Correctional Facility since 2002.
The civil suit, filed in U.S. District Court in Scranton on behalf of a half-dozen local citizens, alleges that the company's employees proselytize inmates in the work-release program and pressure them to pray.
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Grand Theft Auto firm faces 'murder training' lawsuit
Take Two, the publisher of the Grand Theft Auto game series, is once again facing a lawsuit that alleges its software was complicit in murder.
The legal action was filed on behalf of the families of police force staff shot dead in Fayette, Alabama in 2003, allegedly by one Devin Thompson.
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Thompson was apprehended on suspicion of driving a stolen car. He is claimed by state prosecutors to have snatched a policeman's gun and shot officers Arnold Strickland and James Crump, and a dispatcher, Leslie Mealer.
The lawsuit maintains that Thompson's actions that day were inspired by the GTA series, games he is claimed to have played obsessively. The games amount to "training" for the alleged killings, the families' lawyer told local paper the Tuscaloosa News.
Thompson is now 18 years old, but at the time of the shootings he was 16. As such, the lawsuit claims, he should not have been sold GTA III and GTA: Vice City, which carry an M rating - for 'mature audience only', ie. anyone 17 years old or more. On that basis, the plaintiffs requested that the book also be thrown at retailers Wal-Mart and Gamestop for allegedly allowing Thompson to buy the games.
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Take Two, the publisher of the Grand Theft Auto game series, is once again facing a lawsuit that alleges its software was complicit in murder.
The legal action was filed on behalf of the families of police force staff shot dead in Fayette, Alabama in 2003, allegedly by one Devin Thompson.
Click Here
Thompson was apprehended on suspicion of driving a stolen car. He is claimed by state prosecutors to have snatched a policeman's gun and shot officers Arnold Strickland and James Crump, and a dispatcher, Leslie Mealer.
The lawsuit maintains that Thompson's actions that day were inspired by the GTA series, games he is claimed to have played obsessively. The games amount to "training" for the alleged killings, the families' lawyer told local paper the Tuscaloosa News.
Thompson is now 18 years old, but at the time of the shootings he was 16. As such, the lawsuit claims, he should not have been sold GTA III and GTA: Vice City, which carry an M rating - for 'mature audience only', ie. anyone 17 years old or more. On that basis, the plaintiffs requested that the book also be thrown at retailers Wal-Mart and Gamestop for allegedly allowing Thompson to buy the games.
Read More...
Tootoo lawsuit pulled
The family of a promising Inuk hockey player who killed himself after being released from police custody has settled a lawsuit filed after his death against five officers. Terence Tootoo, 22, shot himself in 2002 hours after he was arrested for drunk driving.
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The family of a promising Inuk hockey player who killed himself after being released from police custody has settled a lawsuit filed after his death against five officers. Terence Tootoo, 22, shot himself in 2002 hours after he was arrested for drunk driving.
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US Congress passes anti-lawsuit legislation
Landmark legislation long sought by business to curb class-action lawsuits was approved by the US Congress on Thursday and now goes to US President George W Bush, who is expected to swiftly sign it into law.
The measure, which passed the US House of Representatives in a 279-149 vote, would shift most class-action lawsuits from state to federal courts which historically have been less friendly to such cases.
Class-action cases allow plaintiffs to combine claims into one suit against a common defendant. Bush has sought to restrain class-action suits as part of his drive to overhaul the civil justice system.
Backers say the changes are needed to stop aggressive trial lawyers from seeking out friendly state courts willing to approve large settlements against out-of-state businesses.
Similar legislation passed the House several times in recent years but until last week, the Senate always blocked it. This time the bill's path was cleared by a larger Republican majority in the Senate and a pledge by House Republicans to accept the bipartisan Senate version.
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Landmark legislation long sought by business to curb class-action lawsuits was approved by the US Congress on Thursday and now goes to US President George W Bush, who is expected to swiftly sign it into law.
The measure, which passed the US House of Representatives in a 279-149 vote, would shift most class-action lawsuits from state to federal courts which historically have been less friendly to such cases.
Class-action cases allow plaintiffs to combine claims into one suit against a common defendant. Bush has sought to restrain class-action suits as part of his drive to overhaul the civil justice system.
Backers say the changes are needed to stop aggressive trial lawyers from seeking out friendly state courts willing to approve large settlements against out-of-state businesses.
Similar legislation passed the House several times in recent years but until last week, the Senate always blocked it. This time the bill's path was cleared by a larger Republican majority in the Senate and a pledge by House Republicans to accept the bipartisan Senate version.
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Wednesday, February 16, 2005
NYCLU Education Disappointed With Outcome of Education Funding Lawsuit
The New York Civil Liberties Union is greatly disappointed in today's Court of Appeals decision on our lawsuit seeking more resources for failing schools throughout the state and outside New York City.
This ruling is a huge tragedy for the tens of thousands of students in these abysmally failing schools for whom the constitutional promise of a sound, basic education continues to be a dream deferred. The Court ruled that in order to seek remedy, failure must be shown district-wide and many of the schools represented in the NYCLU lawsuit are in fact part of failing districts. For those students, the NYCLU will look into pursuing legal remedies.
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The New York Civil Liberties Union is greatly disappointed in today's Court of Appeals decision on our lawsuit seeking more resources for failing schools throughout the state and outside New York City.
This ruling is a huge tragedy for the tens of thousands of students in these abysmally failing schools for whom the constitutional promise of a sound, basic education continues to be a dream deferred. The Court ruled that in order to seek remedy, failure must be shown district-wide and many of the schools represented in the NYCLU lawsuit are in fact part of failing districts. For those students, the NYCLU will look into pursuing legal remedies.
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Hollywood allies sue DVD jukebox maker
A Hollywood-backed technology group is suing a high-end home theater system company, contending that its home DVD jukebox technology is illegal.
The DVD Copy Control Association, the group that owns the copy-protection technology contained on DVDs, said a company called Kaleidescape is offering products that illegally make copies of DVDs. The company, which has won several recent consumer electronics awards, said it has worked closely with the DVD CCA for more than a year, and will fight the suit, filed Tuesday.
Kaleidescape creates expensive consumer electronics networks that upload the full contents of as many as 500 DVDs to a home server, and allow the owner to browse through the movies without later using the DVDs themselves. That's exactly what the copy-protection technology on DVDs, called Content Scramble System (CSS) was meant to prevent, the Hollywood-backed group said.
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A Hollywood-backed technology group is suing a high-end home theater system company, contending that its home DVD jukebox technology is illegal.
The DVD Copy Control Association, the group that owns the copy-protection technology contained on DVDs, said a company called Kaleidescape is offering products that illegally make copies of DVDs. The company, which has won several recent consumer electronics awards, said it has worked closely with the DVD CCA for more than a year, and will fight the suit, filed Tuesday.
Kaleidescape creates expensive consumer electronics networks that upload the full contents of as many as 500 DVDs to a home server, and allow the owner to browse through the movies without later using the DVDs themselves. That's exactly what the copy-protection technology on DVDs, called Content Scramble System (CSS) was meant to prevent, the Hollywood-backed group said.
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Wal-Mart Seeks to Seal Documents in Lawsuit
Lawyers for Wal-Mart Stores Inc., the world's largest retailer, asked a judge in Oakland to expand the number of documents it can classify as trade secrets in a lawsuit over whether employees were denied meal and rest breaks.
Superior Court Judge Ronald Sabraw had tentatively ruled last week that Wal-Mart's procedures for auditing whether store staffing and schedules adhere to company policy and state laws were trade secrets. Wal-Mart attorneys said the audit reports themselves reveal the procedures and should also be kept confidential.
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Lawyers for Wal-Mart Stores Inc., the world's largest retailer, asked a judge in Oakland to expand the number of documents it can classify as trade secrets in a lawsuit over whether employees were denied meal and rest breaks.
Superior Court Judge Ronald Sabraw had tentatively ruled last week that Wal-Mart's procedures for auditing whether store staffing and schedules adhere to company policy and state laws were trade secrets. Wal-Mart attorneys said the audit reports themselves reveal the procedures and should also be kept confidential.
Read more...
Lawsuit filed over Calif. Delta water plan:
A lawsuit was filed Tuesday in an ongoing controversy over shipping larger volumes of water from Northern California to farmers in the San Joaquin Valley.
A coalition of conservation groups said in a statement the suit challenges the conclusions of federal wildlife officials that increasing water exports from the San Francisco Bay Delta would not harm the protected delta smelt.
The suit alleges the Fish and Wildlife Service ignored evidence that pumping millions of gallons of water into the valley through massive water project pumps would threaten the small fish's already problematic survival as a species.
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A lawsuit was filed Tuesday in an ongoing controversy over shipping larger volumes of water from Northern California to farmers in the San Joaquin Valley.
A coalition of conservation groups said in a statement the suit challenges the conclusions of federal wildlife officials that increasing water exports from the San Francisco Bay Delta would not harm the protected delta smelt.
The suit alleges the Fish and Wildlife Service ignored evidence that pumping millions of gallons of water into the valley through massive water project pumps would threaten the small fish's already problematic survival as a species.
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State's highest court rejects challenge to education funding
The state's highest court gave a resounding endorsement on Tuesday to the state's ongoing efforts at education reform, rejecting a lawsuit from students in low-income districts that claimed Massachusetts was shortchanging their schooling.
For months, the governor and lawmakers had been bracing for a decision that would force the Legislature to come up with millions of dollars more to fund court-mandated reforms. But the Supreme Judicial Court ruled that the state, which has funneled $30 billion into its schools since 1993, already is moving in the right direction.
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The state's highest court gave a resounding endorsement on Tuesday to the state's ongoing efforts at education reform, rejecting a lawsuit from students in low-income districts that claimed Massachusetts was shortchanging their schooling.
For months, the governor and lawmakers had been bracing for a decision that would force the Legislature to come up with millions of dollars more to fund court-mandated reforms. But the Supreme Judicial Court ruled that the state, which has funneled $30 billion into its schools since 1993, already is moving in the right direction.
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TV station settles sexual harassment lawsuit
A Spanish-language television station has settled a lawsuit after a former news editor was accused of sexually harassing female employees.
Entravision Communications Corp. agreed last week to pay remedial relief and $185,000 in damages to three women who said they were sexually harassed by their supervisor at KSMS Channel 67.
Santa Monica, Calif.-based Entravision, the largest affiliate of programming produced by telecommunications giant Univision Communications Inc., also agreed to draft anti-harassment policies and distribute them to all employees in English and Spanish. To comply with California law, all current Entravision employees will receive at least two hours of anti-harassment training, according to the settlement with the U.S. Equal Employment Opportunity Commission.
Entravision spokeswoman Kim Holt confirmed on Tuesday that the company settled the lawsuit and added, "As part of the settlement, the company admitted no liability."
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A Spanish-language television station has settled a lawsuit after a former news editor was accused of sexually harassing female employees.
Entravision Communications Corp. agreed last week to pay remedial relief and $185,000 in damages to three women who said they were sexually harassed by their supervisor at KSMS Channel 67.
Santa Monica, Calif.-based Entravision, the largest affiliate of programming produced by telecommunications giant Univision Communications Inc., also agreed to draft anti-harassment policies and distribute them to all employees in English and Spanish. To comply with California law, all current Entravision employees will receive at least two hours of anti-harassment training, according to the settlement with the U.S. Equal Employment Opportunity Commission.
Entravision spokeswoman Kim Holt confirmed on Tuesday that the company settled the lawsuit and added, "As part of the settlement, the company admitted no liability."
Read More...
Monday, February 14, 2005
Animal Lab Lawsuit Filed
A former UL-Lafayette employee says she lost her job after voicing concerns over how animals are treated at the university's research center. Now she's filed suit against the university.
According to the lawsuit, Narriman Fakier, was fired from her position at the UL-Lafayette New Iberia Research Center after she repeatedly told supervisors about instances of animal cruelty.
The lawsuit says the research center, which houses more than 6,000 primates, constantly violated the federal Animal Welfare Act, as well as state law.
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A former UL-Lafayette employee says she lost her job after voicing concerns over how animals are treated at the university's research center. Now she's filed suit against the university.
According to the lawsuit, Narriman Fakier, was fired from her position at the UL-Lafayette New Iberia Research Center after she repeatedly told supervisors about instances of animal cruelty.
The lawsuit says the research center, which houses more than 6,000 primates, constantly violated the federal Animal Welfare Act, as well as state law.
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Local Man Files Lawsuit Against Makers Of Vioxx
A Powhatan Point man has filed a class action lawsuit against the manufacturers of Vioxx.
In a complaint filed with the Belmont County Common Pleas, Thomas Bell alleges the drug may have led to a massive heart attack that killed his wife, Denise, last June. The lawsuit also claims Vioxx may have caused Bell to suffer a stroke that caused permanent physical injury.
The popular arthritis drug was pulled from the shelves when research showed the drug could cause an increased risk of heart attacks and strokes.
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A Powhatan Point man has filed a class action lawsuit against the manufacturers of Vioxx.
In a complaint filed with the Belmont County Common Pleas, Thomas Bell alleges the drug may have led to a massive heart attack that killed his wife, Denise, last June. The lawsuit also claims Vioxx may have caused Bell to suffer a stroke that caused permanent physical injury.
The popular arthritis drug was pulled from the shelves when research showed the drug could cause an increased risk of heart attacks and strokes.
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Baltimore Sun's Lawsuit Against Gov. Ehrlich Dismissed
A federal judge on Monday dismissed a lawsuit challenging Gov. Robert Ehrlich's order barring state employees from contact with two writers from the Baltimore Sun.
U.S. District Court Judge William Quarles ruled the newspaper was seeking more access to government officials than that accorded a private citizen.
"The right to publish news is expansive. However, the right does not carry with it the unrestrained right to gather information," said the judge in his order.
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A federal judge on Monday dismissed a lawsuit challenging Gov. Robert Ehrlich's order barring state employees from contact with two writers from the Baltimore Sun.
U.S. District Court Judge William Quarles ruled the newspaper was seeking more access to government officials than that accorded a private citizen.
"The right to publish news is expansive. However, the right does not carry with it the unrestrained right to gather information," said the judge in his order.
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Judge tosses skating suit
A judge found that the fledgling World Skating Federation was on thin ice in a lawsuit it brought to stop what it called monopolistic practices by the International Skating Union.
U.S. District Judge John Sprizzo last week tossed out the lawsuit, which accused the ISU of maintaining "a monopoly over the sport of international figure skating."
The judge said the New York courts were not a proper jurisdiction and suggested repeatedly the World Skating Federation was pushing the boundaries of civil law to breathe life into its claims
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A judge found that the fledgling World Skating Federation was on thin ice in a lawsuit it brought to stop what it called monopolistic practices by the International Skating Union.
U.S. District Judge John Sprizzo last week tossed out the lawsuit, which accused the ISU of maintaining "a monopoly over the sport of international figure skating."
The judge said the New York courts were not a proper jurisdiction and suggested repeatedly the World Skating Federation was pushing the boundaries of civil law to breathe life into its claims
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Key claim in lawsuit questioned
Internal county documents do not support a key claim in a lawsuit that county officials unfairly favored Affiliated Computer Services Inc., Solano's long-time information-technology firm.
Kenneth Phillips, former chief information officer for the county, claims in his suit against the county that he convinced an influential advisory committee in 2000 to put Solano's information technology services out to bid.
That decision was overridden by County Administrator Michael Johnson, who the suit charges enjoyed lavish golf outings courtesy of ACS to keep out the competition.
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Internal county documents do not support a key claim in a lawsuit that county officials unfairly favored Affiliated Computer Services Inc., Solano's long-time information-technology firm.
Kenneth Phillips, former chief information officer for the county, claims in his suit against the county that he convinced an influential advisory committee in 2000 to put Solano's information technology services out to bid.
That decision was overridden by County Administrator Michael Johnson, who the suit charges enjoyed lavish golf outings courtesy of ACS to keep out the competition.
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Lawsuit limits not just for doctors
When Republicans talk about the need for new limits on injury lawsuits, doctors typically are out front - literally and in their white coats, as well as rhetorically.
But some Democrats suggest the doctors are only a front - sympathetic faces that mask the true effect of the legislation.
What Republicans call "tort reform" would apply to more than medical malpractice cases. The proposed restrictions also would apply to such things as car accidents, slip-and-fall injuries, dog bites, property damage, defamation, wrongful death and product liability cases - be they against tobacco companies, pharmaceutical makers or local mom-and-pop retailers.
Read More...
When Republicans talk about the need for new limits on injury lawsuits, doctors typically are out front - literally and in their white coats, as well as rhetorically.
But some Democrats suggest the doctors are only a front - sympathetic faces that mask the true effect of the legislation.
What Republicans call "tort reform" would apply to more than medical malpractice cases. The proposed restrictions also would apply to such things as car accidents, slip-and-fall injuries, dog bites, property damage, defamation, wrongful death and product liability cases - be they against tobacco companies, pharmaceutical makers or local mom-and-pop retailers.
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Saturday, February 12, 2005
New York settles crash lawsuit
The New York State Thruway Authority has agreed to pay $5 million to a student who was paralyzed in a 1999 car crash that killed another student.
The settlement, which came during a November trial in the state Court of Claims, has since been approved by the Thruway Authority board of directors.
Under the settlement, the state will pay $5.15 million to Jessica Gordon, of Bucksport, Maine. The state also reached a $150,000 settlement with the family of Rachel Miller, of Lancaster, Pa., who was killed in the crash.
The settlement, which came during a November trial in the state Court of Claims, has since been approved by the Thruway Authority board of directors.
Under the settlement, the state will pay $5.15 million to Jessica Gordon, of Bucksport, Maine. The state also reached a $150,000 settlement with the family of Rachel Miller, of Lancaster, Pa., who was killed in the crash.
Appeals Court Dismisses Lawsuit Against Gun Makers
Late yesterday a San Francisco appellate court unanimously upheld a lower court's decision, dismissing a lawsuit against gun manufacturers.
Several California cities and counties, including Sacramento, alleged that gun manufacturers violated the state's unfair business practices law in the way they marketed, distributed, promoted and designed handguns. The plaintiffs claimed the gun makers sold the firearms in a manner "that facilitates the weapon to be used in violent crimes."
Several California cities and counties, including Sacramento, alleged that gun manufacturers violated the state's unfair business practices law in the way they marketed, distributed, promoted and designed handguns. The plaintiffs claimed the gun makers sold the firearms in a manner "that facilitates the weapon to be used in violent crimes."
McDonald's to pay $8.5 mil. in fat lawsuit
McDonald's Corp. will pay $8.5 million to settle a suit accusing the fast-food giant of failing to inform consumers of delays in a plan to reduce fat in the oil used for its french fries.
BanTransFats.com, a nonprofit, sued McDonald's in California state court in 2003, alleging the company did not effectively disclose that it had not switched to a more healthful oil.
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BanTransFats.com, a nonprofit, sued McDonald's in California state court in 2003, alleging the company did not effectively disclose that it had not switched to a more healthful oil.
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First friendly transaction in Executive Life lawsuit settled
The first significant friendly transaction in the civil lawsuit involving the illegal 1991 purchase of insurer Executive Life was signed Friday by Aurora, property of the holding of Francois Pinault Artemis, for 80 million dollars, a source close to the California Insurance Department said.
"They have settled yesterday with one of the American parties, with Aurora. The company has agreed to pay 80 million dollars," the source said.
