Author Archive for Jen Petersen – Page 11

Baltimore School System Funding Targeted by Charter Schools

Alleging the Baltimore School District uses a funding formula that violates the laws of Maryland, a group of charter schools has brought suit in Circuit Court. Moreover, the lawsuit as filed claims the district’s actions negatively impact the schools’ ability to serve thousands of their students.

state-funding-lawsDainique Dolly, a principal of one of the charter schools, stated, “We were hoping it would not come to this, but we’ve reached a point where we have to stand up for our children and families.” There are a total of eight charter schools listed in the lawsuit. These schools serve collectively at least 3,600 of the 13,700 students who are enrolled in charter schools in the district. This group also includes some of the schools considered as the highest-performing among all schools in the city.

According to the charter funding complaint, a proposed new funding formula would significantly hurt the economic survivability of the schools. The group claims the change is a violation of the contractual obligations of the city and would leave them unable to pay for teachers, books and other expenses.

City school leadership expressed dismay over the filing of the lawsuit, indicating they had hoped for additional discussion on the matter. Although they had not reviewed the documents the officials said they saw the new proposal as a way to “refine a model that ensures continuation of commensurate funding for all students and schools — charters and non-charters.”

Dolly responded that her group viewed the anticipated action from another perspective. She opined that the school district was “backsliding from a more transparent system, where funds follow children to the classroom, to the old ways of controlling dollars and centralized decisions.”

The controversy arises over the interpretation of the intent and literal meaning of state funding laws and formulas. According to the numbers, the district now spends about $15,000 per student per year. This includes direct allocations (totaling $9,387 in 2014) and services provided by the district. The literal interpretation of the funding formula would have the district providing approximately $13,000 to the charter schools for each student. The district contends this amount is neither practical nor sustainable.

It now appears that repeated failures at efforts at mediate the issue will now require the courts to sort it out.

Occupy Wall Street Arrest: Judge Rejects Wrongful Arrest Lawsuit

A mother who sued New York alleging wrongful arrest during the Occupation Wall Street movement found a deaf ear in a Manhattan Federal Court recently. After deliberating for only 40 minutes the jury rejected the claim of Stacey Hessler that she was treated roughly during an arrest by officers of the NYPD in 2011.

Occupy-suit-juryKessler had come to New York specifically to participate in the movement that originated near the financial center of the city. She claimed that she was protesting properly and following the instructions of the officers involved. However, she says she was arrested without cause, with one officer pulling her by her hair.

The jury had the advantage of being able to view a video of the arrest, which the city’s legal team claims showed a different story. According to those attorneys, Kessler was blocking traffic and interfering with the officers involved. They contended that the woman was properly arrested and had, in fact, resisted a lawful arrest.

Representing the city as one of its attorneys, Andrew Lucas pointed out the many decisions officers were required to make during those demonstrations. He indicated, “Officers were faced with balancing the rights of protesters with the rights of people who live and work in the neighborhood. The jury’s quick deliberation showed that they understood and agreed with what the officers did that day.”

The finding of the jury left Kessler with no financial award for her troubles. She had claimed a long list of negative consequences from her alleged brutal illegal arrest. Included in these were “panic attacks, mental anguish and unwarranted severe anger bouts.” Additionally, Kessler had problems at home after she returned from New York, blaming the arrest for a severe strain that caused breakdowns in her personal relationships in and out of her home.

This case had a different conclusion than that of six other Occupy protestors settled recently.  These six received a total of $332,500 in a settlement that ended their litigation. According to Law Department spokesperson Nicolas Paolucci, “Settling was in the city’s best interest.”

High School Football Hazing Assault Results in School District Lawsuit

A six-month investigation into the suicide of a 17-year-old high school student from Milton High School that led to the conviction of five football players on various charges has now led to a lawsuit against the school district as well as several administrators.

HighSchool-hazing-deathLawsuit Overview

Milton High School, the Milton School District, Superintendent John Barone and Principal Anne Blake are all named as defendants in the lawsuit filed by the young man’s family. The lawsuit claims that the defendants failed to prevent the hazing and bullying of Jordan Preavy, who was a member of the Milton High School football team at the time.

Legal documents indicate that Jordan Preavy was the target of an assault by several of the other members of the football team, and that assault eventually lead to his death. The victim’s family has filed this lawsuit holding the school district and the named defendants responsible for not upholding their bullying and hazing policies to prevent the assault and the resulting hostile educational environment.

The lawsuit claims that the defendants had sufficient previous knowledge of the hazing traditions, which were long-standing among the football team. It goes on to assert that, despite this knowledge, no effort was made to protect the football players who were typically targets of this type of behavior.

Restitution Requested

According to the court records, the lawsuit doesn’t name a specific dollar amount that the family is seeking, but does ask that the courts order financial restitution for pain and suffering. It also asks the courts to take into consideration the emotional distress caused by the incident and the loss of dignity on the part of the victim after the assault. The family claims that the assault and hazing interfered with the victim’s ability to obtain an equal education because of the hostility of the environment after the trauma.

The School District Response

The report also indicates that the school’s now-retired athletic director and teacher-coach both attempted to report the incident, but did so directly to the principal and superintendent, who failed to act on the complaint. The superintendent is currently on paid leave pending the trial outcome with an interim superintendent being hired to fill the vacancy.

CTA Settles Wrongful-Death Suit with $4.3 Million Payment

In a tragic series of events in October 2009, a woman was killed after being struck in an intersection–but a conflict in the details led grieving family members to file a lawsuit against the Chicago Transit Authority. According to the CTA, the woman, Martha Gonzalez was first struck by a hit-and-run driver and then struck again accidentally by a Chicago Transit Authority (CTA) bus. Her family, however argued in their suit that there was no hit-and-run car, as it was not visible in any of the footage from the bus itself. Whatever the truth is, as of Wednesday September 9th, 2015, the CTA board has approved a payment in the amount of $4.3 million to the woman’s estate, settling the suit.

Martha-Gonzalez-PlaceThe CTA describes the hit-and-run vehicle as a blue sedan operated by a male driver, though no suspects for the hit-and-run have been identified since the accident. The CTA bus driver who was said to be following the blue sedan at the time, Frankie Myles, was not charged with any criminal offenses or given a traffic ticket, but retired a few short years after the incident. Although the CTA holds firm to its assertion that Gonzalez was struck accidentally following the initial fatal hit-and-run, CTA president Dorval Carter Jr. has explained that the board feels that making the large settlement payment is the best option to not only avoid the unknowns and higher judgments of proceeding to court, but also to simply and swiftly put to rest a legal issue that is emotionally difficult and potentially stressful for all parties affected by the tragedy.

Since the accident, the intersection where the woman was killed has been renamed Honorary Martha Gonzalez Place. The pedestrian walk signal there now also has an additional safety feature: it activates a full four seconds before the change of the traffic light, hopefully giving pedestrians more time to cross before unscrupulous drivers attempt to cut them off. With dozens of deaths in Chicago each year attributable to accidents involving pedestrians, it may be only a matter of time before similar pedestrian walk signals are required at every intersection.

Moving in with Toxic Molds

A female resident files a lawsuit against her Landlord for moving in with Toxic Molds. She discovered later after moving into her new apartment that several symptoms were appearing in her body. The symptoms she noticed included; localized skin irritation, facial tingling, ear pain, fatigue, and skin infections. After all this signs, the tenant decided to file a lawsuit against her landlord for negligence. In her suit, she cited the cause of her symptoms were toxic molds arguing that these molds were allowed to infest the property without any attempt to settle the problem before she could rent. Furthermore, the landlord never gave any information about toxic molds in the apartment in the recent past. ABC7 eyewitness news video here.

In his defense, the landlord denied all the allegations. He argued that the property was well treated to remove all the molds and any toxins. He added that this was done before the plaintiff moved into the house. In the defense of the landlord, the presentation was that the tenant had complete awareness of the house history before actually moving in.

It was also revealed that the previous tenant was evicted because he failed to pay a study fee. He allegedly reported to the landlord about water damage in the apartment. This seemed to be facilitating the growth of molds in the house. In responding to his complaints, the landlord hired an Air Quality Company to do a study on the possible growth. It was their fee that the old tenant could not raise that saw his eviction.

The jury found that on all the accounts, the case was presented in favor of the landlord.

Based on the above suit, it is, therefore, important to learn how to avoid lawsuits from tenants. Below are useful reminders and significant tips on how to keep tenants happy and in turning your rental property intact.

  •  A Good lease agreement.
  •  All Fire alarms should be working
  •  Good communication with tenants
  •  Good routine maintenance
  •  Compliance with Insurance companies in the region
  •  Joining landlord association in your region

Massachusetts Case to Decide if Wi-Fi Signal Disrupts the Classroom Learning Environment

A Massachusetts school faces charges of impeding a student’s ability to learn because its WI-FI signal is so strong as to be distracting, states a federal court complaint.

mass-wifi-caseThe Supreme Court has affirmed a right to educational access in Brown vs, Board of Education (1954). Students with disabilities also have rights grounded in the Americans with Disabilities Act (ADA). Well, these issues, and others, are coming into play in a Massachusetts case involving high technology. A student at the Fay School in Southboro complains that the signal emissions from the institution’s Wi-Fi system cause severe irritation. As such, he and his parents have filed a federal lawsuit claiming that the school is in violation of the ADA. The federal court plans to hear preliminary motions on September 4, five days prior to the start of classes.

At the heart of the matter is whether Electromagnetic Hypersensitivity Syndrome (EHS), in which a person feels aggravated by electromagnetic radiation, is a real medical condition, deserving of ADA protection. The school apparently sent the 12-year old boy to its recommend doctor, who summarily dismissed the claim. Meanwhile, the parents have had the boy diagnosed with EHS, by another physician, saying he suffers from headaches and nausea when near high-frequency electromagnetic emissions.

The lawsuit seeks these things:

  • an injunction requiring either use of Ethernet cable Internet or reduction of the Wi-Fi signal.
  • $250,000 in damages.

The World Health Organization (WHO) recognizes EHS. Others find its presence less than compelling. The boy’s parents believe the schools should err, if needed, on the side of helping students learn. Their son, they say, is in a 9-year plan to attend Fay and wants to remain. The Wi-Fi emissions are adversely affecting his learning; yet, the boy wants to stay at the school, as is his right, states the family.

It is very unclear just how the federal judge will rule. Also, one has to wonder if he will be able to make an appropriate decision in time to get the boy situated in school for the first day of classes.

School administrators and the family remain at loggerheads. Educators believe the Wi-Fi signal is well within federal standards. The boy’s parents, in contrast, believe the emissions above those in the average household.

Separation of Church and State in Public Education

The separation between church and state is a principle that is at the core of the U.S. constitution and the constitutions of individual states. It is a hot topic when it comes to school voucher systems and the schools that students can attend, especially in Nevada.

church-state-public-educationThe pursuit of a quality education is not without restriction, especially when it comes to the separation between church and state. This fundamental principle is a part of the Nevada and U.S. constitutions and has stirred controversy since the inception of the United States. Case-in-point, the American Civil Liberties Union challenged Nevada’s education voucher system in mid-2015, taking issue with public funds being used for education at religious schools.

The ACLU argues the separation of church and state principle applies to schools and voucher systems, where students use public funds to cover tuition and related education expenses. This point has been debated among Nevada lawmakers, but the ACLU is not satisfied with the state’s rationale regarding the schools that students can attend.

Students and parents are in a tough position at this point, both in the state of Nevada and in other states. Many students are only seeking a quality education, and often-times their best options lie at religious schools that are in close proximity to their family homes. Those students already using public funds to attend religious schools are in a more awkward position, because if they’re forced to stop their education or change schools, it can impact their ability to learn and their social groups.

However, the ACLU is only trying to uphold the principles that that Nevada constitution contains. It is a subject that is often hard to apply to everyday life, making it difficult for lawmakers to create legislation that is 100 percent effective. Groups such as the ACLU help the public scrutinize the effectiveness of legislation, making the laws of Nevada and the U.S. more effective.

The separation between church and state is a fundamental principle outlined in Nevada’s constitution, as well as the U.S. constitution. Church and state issues related to education are contentious topics among lawmakers, parents and concerned citizens.

Class-Action Lawsuit Draws Attention to an Ever Present Danger

Motorists of keyless ignition vehicles and their families face a life-threatening danger that is gaining attention in the courts after a class-action lawsuit has been filed recently. The lawsuit which has been brought against ten car manufacturers, (Toyota, Nissan, Kia, Bentley, Mercedes-Benz, Ford, Hyundai, Honda, BMW and Volkswagen), hinges on a plea for the auto giants to add an automatic shut-off mechanism to the keyless ignition vehicles. This legal action is groundbreaking since the previous lawsuits regarding this issue were brought by individuals. It is estimated that this class-action lawsuit places the over 5 million owners of vehicles with keyless ignition systems as plaintiff.

keyless-class-action-suitWhile keyless ignition systems has not become standard, it is a coveted feature that is being offered and found on many vehicles today, regardless of class or price. The technology is simple. Instead of using a car key, you press a button to start your vehicle. A key fob component sends a computerized signal to the ignition omitting the need for an actual key. The inherent hazard is that the car can remain on though the key fob is not present and may be far away.

As it stands many of the older versions of these vehicles do not have an automatic shut-off and though the driver has taken the key fob with them they may accidentally leave the car running. Unfortunately, this scenario has tragically played out in several instances wherein the automobile was mistakenly left running in a garage or other confined space and deadly carbon monoxide was able to seep into the living spaces of the dwelling, claiming lives in its wake. There has been a reported 13 lives lost.

Some newer year models featuring the keyless ignition mechanism have been tailored with the relatively inexpensive automatic shut-off feature while the millions of owners of the older cars remain unaware of the safety defect. It is hoped that the lawsuit will prompt the automobile manufacturers to recall the vehicles so that the automatic shut-off feature can be installed onto the vehicles who do not currently have it.

 

Hacked! $578M Ashley Madison Lawsuit

Ashley-Madison-law-suitRecently, hackers made waves online when they managed to obtain and publish the private information of thousands of accounts on AshleyMadison.com, a Toronto-based website that purports to assist users in having an affair. Though many have since expressed a view of the hack as the well-deserved punishment of errant partners, Two Canadian law firms have a slightly different take. Charney Lawyers and Sutts, Strosberg LLP have filed a class-action lawsuit on behalf of Canadian Ashley Madison customers whose information was released, arguing that the hack was a breach of not just data, but intensely personal and sensitive information that could damage thousands of reputations and businesses.

The lawsuit itself charges that Ashley Madison’s parent companies, Avid Dating Life, Inc. and Avid Life Media, Inc. should have been able to properly protect customers’ information against the hacking group, reportedly called “The Impact Team.” Not only were users’ names, email addresses, credit card numbers, and other personal information released to the public, but in many cases the exposed users had paid additional fees to have their information deleted from the site–something that exposed users quickly found out didn’t happen. In the interests of the outed victims of the breach, the two law firms are suing Ashley Madison’s parent companies for a hefty total of $578 Million.

Of course, in order to take part in the class action suit, affected individuals would need to come forward and admit to having been on the list of exposed users. This, some experts say, could stop the entire lawsuit in its tracks. Even so, with over 30 million members worldwide, even a fraction of brave users could mean big trouble for the site. Although this is the first suit brought against Avid Dating Life, Inc. and Avid Life Media, Inc. in their own country, similar suits have already been brought by plaintiffs from the United States.

Facing both the ire of the site’s detractors and now mounting legal issues, only time will tell what will become of Ashley Madison in the long term.

Planet Fitness transgender locker room policy lawsuit

As the march for LGBT rights has blazed through marriage equality and into new territories, businesses around the country have found themselves in hot water over transgender-related policies. Earlier this year, Planet Fitness in Midland, MI ran into some such trouble when a member was horrified by the presence of a transgender woman in the women’s locker room.

Planet-Fitness-quoteThe member, 48-year-old Yvette Cormier, noticed a transgender woman in the Midland Planet Fitness locker room in late February, and began to warn other gym members that “a man” was using the women’s locker room. When Cormier took her concerns to the front desk, she was told that the individual identifies as a woman. Unsatisfied, Cormier escalated her concerns to the corporate level, only to be met with one of the company’s regular slogans: Planet Fitness is a “no judgment zone.” Yvette Cormier says she then cancelled her membership and sought legal action. Cormier and her lawyer filed a complaint, charging that the Planet Fitness policy regarding transgender individuals puts women and children at risk, and encourages “possible criminal activity, including potential indecent exposure, disturbing the peace, and child abuse criminal actions.”

Now, representatives for both the Planet Fitness parent company and the Midland location are seeking dismissal for the case, arguing that Cormier’s complaint contains no allegation of legitimate criminal offense, or of any activity that may have created a hostile or sexually inappropriate environment. In their response, lawyers for the defendants cite a variety of cases, both open and closed, that concern transgender use of bathrooms, locker rooms, etc.–many of which have ruled in favor of transgender rights. They also point out that Cormier’s concerns are targeted toward existing non-discriminatory policies, and that to reverse it could invite a deluge of new lawsuits by transgender individuals charging Planet Fitness with discrimination. Ultimately, their response says, Cormier’s claims are “factually and/or legally deficient, and must be dismissed.”

Cormier’s representative, lawyer Dave Kallman, remains unfazed. Regardless of the motion for dismisssal, Kallman appears confident in the strength of the original complaint, and is ready for a judge to rule. A hearing is currently scheduled for September 25th, 2015.