Author Archive for Jen Petersen – Page 4

Class Action Suit Filed Due to Numerous Refrigerator Fires

Numerous owners of the gas absorption refrigerators filed a class action suit on June 24, 2016. These individuals filed class-action claims against Dometic Corporation, the company responsible for manufacturing these refrigerators. In the class-action claims, the owners stated that the refrigerators leak flammable gas. Allegedly, this leaked flammable gas has been the cause of many fires.

refigerator-firesIn the class action suit, the owners allege that the Dometic Corporation knew about the defective gas absorption refrigerators. These refrigerators are usually found on RVs and boats and they have caused more than 3,000 fires in the past two decades. Since 1997, these defective gas absorption refrigerators have allegedly caused $100 million in personal injuries and property damage. Despite the lengthy history of these defective refrigerators, the Dometic Corporation failed to address the issue and warn consumers about the risks.

However, it is important to note that not all named plaintiffs for the class action suit have actually experienced a fire due to the defective refrigerators. Some of the named plaintiffs claim that they suffered economic damages due to the Dometic Corporation’s failure to address the issue or provide adequate warning. The plaintiffs claim they paid far more for the boats and RVs than they would have if they knew about the defective refrigerators.

Zimmerman Reed, a law firm, claims that the plaintiffs should not be required to wait until they have experienced a refrigerator fire to seek compensation for the issue. According to the law firm, forgoing preventative action could cost the plaintiffs heavily. This is especially true if the plaintiffs were to experience a refrigerator fire in the future.

This is not the first time the Dometic Corporation has had issues with their manufacturer products. In 2006, the Dometic Corporation recalled refrigerators to replace the cooling units. The Dometic Corporation did so once more in 2008. However, the plaintiffs argue that this is irrelevant because the two recalls did nothing to address the defects of their refrigerators. According to the class action suit, the refrigerators have defective cooling unit boiler tubes, which can corrode and leak flammable gas.

Zimmerman Reed learned about the defective refrigerators of the Dometic Corporation during a three-year class action suit against Norcold, a competitor of the Dometic Corporation. This class action suit settled for $36 million early this year.

 

Advocates for the Disabled Taking Aim at Texas

A damning report released by the Statesman aimed at the leadership of Texas government reminds us all just how important human rights are, and why advocacy for the less fortunate is so vital. The article , uses language and terms such as the disabled being “warehoused in nursing homes,” or working under “slavery conditions” while citing several specific examples of individuals whose situations and experiences illuminate these accusations.

Advocates for many of these claimants argue that not only are the basic principles of the Americans with Disabilities Act (ADA) being violated, but that offenses from being paid less than fifty cents an hour to even the occurrence of death for mishandled situations have resulted from the poor at best, efforts to provide for and protect disabled citizens.

The EEOC (Equal Employment Opportunity Commission) levied charges against a Texas based turkey company, that are referred to in the Statesman report, in 2011. Yes, those alleged charges are from five years ago, which is one of the reasons why this story is so curious – these charges are still pending litigation.

In response, the State of Texas denies any wrong doing. It is presumably the failure to govern and police company practices that has the State of Texas under the spotlight at the moment. From the initial appearances, it seems somewhat apparent that the State did not with any particular malice put individuals in abusive or unfair positions. This is shaping up to be more of a case of neglect on the part of Texas, to ensure that the most needful of citizens are being taken care of in a manner that is both respectful and fair.

If these accusations and facts hold up, then it is unquestionably cruel and abusive treatment of the less fortunate. The hope is that perhaps this is a situation where policy and practices weren’t connected to people and lives. Sometimes the bottom line is seen without faces attached. It is almost evil to imagine people would intentionally hurt others in such a fashion. The level of abuse, the time it has taken to handle and litigate these charges in addition to who the alleged victims are will likely keep this issue from disappearing again.

This should result in answers, making right whatever it is that has been wrong and when the dust has settled, those neighbors, friends and loved ones will be treated as we all should be – with love, respect and dignity – for starters.

 

Discrimination in the Modern Age: 3 Black Teachers Take a Stand

Many would believe, given the long history of discrimination in the United States, individuals would do their diligence to honor the legacy and memory of those who fought for equal opportunity. However, that is not the case. It’s 2016 and Americans, citizens of the United States, still face discrimination. But the real question is why. Why do some people believe they can treat others unfairly because of such arbitrary differences like skin color or ethnic origins? Unfortunately, there is no simple answer. Just like the long battle to equality, the complexities behind the systems that support this mindset are ingrained foundationally in the many who hold positions of power and authority.

Individuals who face such discrimination do have some hope, however. The federal government in recent years has played an integral role in holding individuals accountable for discrimination. One such case in seen with a lawsuit filed against the New York Education Department that is being accused of a pattern of discrimination and in this case against three black teachers who worked at Pan American International High School in Queens.

Black-Teachers-Discrimination-case-quoteThe government believes that the school’s principal, Minerva Zanca, targeted the three black teachers and plotted to against the to lose their jobs. Several witnesses in the case claimed that she made clear and intentional efforts to ensure this plan through. Furthermore, anyone who challenged or questioned her was met with harsh retaliation. The school’s assistant principal, Anthony Riccardo, was one such individual that claims she called school security to have him removed from the building. He reported that she planned to give two of the plaintiffs unsatisfactory evaluations on lessons she did not witness. He also said she would not meet with another to try and help her to improve on a subject she once taught.

The teachers filing the claim all express similar sentiments of discrimination, racial intolerance, and social unacceptance from Zanca. The teachers involved, John Flanagan, Heather Hightower and Lisa-Erika James, also filed complaints with the United States Equal Opportunity Commission that found there was reasonable cause to believe this was truly a case of discrimination.

Zanca claims these allegations are unbased and completely outside of her character. However, evidence from all other parties involved proved otherwise.

This is only one hundred of casing seeking justice for hardworking Americans who face discrimination. The hope is that the justice system will continue to work hard to foster lasting change.

 

 

Lichtenegger Victim’s Family: Church Knew History of Sexual Violence; Allowed Access to Children Anyway

The family of SM East student Kessler Lichtenegger’s latest victims have filed a lawsuit against the Westside Family Church in Lenexa this week, claiming that although church leaders were aware of his prior sexual misconduct and history of sexual violence, it did not deter them from allowing him unsupervised access to minors.

While a lawyer for the church states that Westside Family Church officials deny the allegation, the civil petition filed by lawyers Antwaun Smith and Rebecca Randles claims that Lichtenegger, who lived in Prairie Village, had an extensive history of sexual abuse which had previously resulted in the church requiring his father’s accompaniment as a condition of his presence at the church. Filed in Johnson County District Court Wednesday afternoon, the lawsuit alleges that the church didn’t even follow its own guidelines, allowing Lichtenegger to supervise and interact with young children.

Lichtenegger previously pleaded guilty to attempted electronic solicitation and attempted rape last year, in charges related to having a sexual interaction on church property with one of the defendants while a children’s church service was in progress. At the time, Lichtenegger was 17, and a volunteer at the church’s vacation Bible school during the summer of 2014 and the victim, identified in the lawsuit as Jane Doe 31, was 13. Lichtenegger, has had past convictions as a juvenile, and is now serving a 17-year sentence for the crimes against the two plaintiffs. While past conviction records are closed, the lawsuit claims the defendant pleaded guilty to an earlier sexual felony as well as pleaded guilty to the assault of a 15-year-old developmentally disabled girl in 2012.

The lawsuit alleges that while the plaintiff’s parents trusted the church and thought their children were safe church while in attendance, the church knew of Lichtenegger’s previous extensive past crimes of sexual misconduct with kids, but nevertheless allowed him dangerous and unsupervised access to children in the congregation.

While the lawsuit alleges that “All key church leaders admitted to law enforcement officers that the church did not enforce its own protocols meant to prevent Lichtenegger from gaining access to children,” Brad Russell, an attorney for the church said, “Nothing specific was communicated to the church that suggested he had been adjudicated as a sexual predator or was a sexual threat to young people”, though he admits that even though church protocol previously had dictated that Lichtenegger was to be in his father’s supervision at the church, his father was not there and he was not supervised on the day of the assault. Police were originally contacted by church officials after discovering the existence of a “sexting incident” between the defendant and Jane Doe 32, and learned about Jane Westside-family-church-parents-quoteDoe 31’s sexual assault during that investigation.

One of the parents of victim Jane Doe 33 released a statement Thursday, saying: “We are hoping this lawsuit will bring awareness of the need for better sexual predator policies to be put into place and firmly administered at Westside as well as other organizations and venues where parents have a right to expect their children are safe.”

Randles stressed the importance of not allowing people with a known history of sexual misconduct with children to have access to kids, stating, “Pedophiles flock to places where children congregate.” The church has recently added more lighting, cameras and other safeguards; new members are screened to ensure they aren’t on Kansas’ sex offender registry, and background checks for family ministry volunteers have been expanded. Additionally, according to Russell, the church has adopted a policy of excluding people with sexual misconduct histories from church membership.

 

Dual Lyft, Uber Lawsuits Could Derail On-Demand Economy

Lyft and Uber, the two largest ride-hailing services are accused of violating labor law by shutting down their taxi-alternative services in Austin last month. According to twin federal proposed class-action lawsuits filed Thursday, the ridesharing companies closed shop without giving their drivers a federally required notice. Drivers for the Austin, Texas operation allege that, under federal law, the company owes them 60 days of back pay as well as other benefits.

The tandem suits challenge Uber’s and Lyft’s insistence that, as independent contractors, drivers are not employees and therefore not entitled to job protections or standard benefits. The suits were filed in San Francisco federal court, near both companies’ headquarters, brought by ex-Lyft driver David Thorton (Thornton v. Lyft) and former Uber driver Todd Johnston (Johnston v. Uber ). The plaintiffs’ cases invoke the Worker Adjustment and Retraining Notification (WARN) Act of 1988, a federal law which requires most companies employing more than 100 workers to notify workers at least 60 days prior to any mass layoff. According to the lawsuits, their failure to do so entitles each driver back pay of up to 60 days as well as related health benefits.

Independent Contractor or Employee?

Lyft and Uber ceased their Austin operations on May 9, after they were unable to overturn city requirements that drivers submit to fingerprinting-based background checks, putting around 10,000 drivers out of work. The claim that the Austin Lyft and Uber drivers were “independent contractors”, and not regular employees is at the core of the companies’ defense. Classifying employees as independent contractors allows a company to avoid providing benefits such as job protections, providing healthcare and lyft-uber-lawsuitretirement benefits. The lawsuits allege that because the companies provided instruction videos, gave procedure manuals, controlled driver scheduling, set prices, and assigned riders to drivers, the drivers should be considered employees – the suit against Uber claims that “Uber and its (drivers) are not engaged in a distinct occupation or business, but instead, they “implement and are integral to Uber’s core business of providing ride-hailing services.”

Impact on On-Demand Service Providers

These two cases boil down to whether the drivers are actually considered standard employees or are only independent contractors. The cases are significant, as they relate to other on-demand services. If the court finds that the Austin drivers were not independent contractors, but were, in fact, employees, it would significantly impact Lyft’s and Uber’s bottom line by requiring them to provide health care and many other benefits to their drivers. It would also set precedence for other workers in similar on-demand environments to claim similar benefits, such as worker’s compensation, unemployment benefits, the right to unionize, as well as the right to seek tips and mileage cost reimbursements.

 

Teen Awarded Over A Million Dollars In Serious Sexual Abuse Case

Child sexual abuse is a serious problem that can devastate the life of a person before it even begins. A recent case showed a young boy being seriously abused at various foster homes before he was even three-years old. Thankfully, he was awarded over a million dollars in a civil suit to help fund his treatment.

The Facts Of The Case

The facts of this case are very disturbing. The young boy, who was abandoned by his mother at a very young age, was adopted by multiple people before the family that finally took him on for good. The adoptive agencies, Harvest of Hope and DYFS, did very little background checks on the people who adopted the boy, with the DYFS failing to to perform regular checks on him or to even search for family members who were willing to care for him.

As a result, he was placed in multiple homes where he received serious abuse, including physical and sexually degrading treatment. Thankfully, he was adopted at the age of about three by his current parents, but suffered from a series of psychological problems as a result.

sexual-abuse-lawsuitHow This Case Stacks Up Against Others

While this isn’t one of the largest amounts of money ever won in a child sex abuse case, it is one of the largest individual cases. Typically, most large sum payments are dolled out in group settlements. A 2011 case against the Society Of Jesus’ Pacific Northwest paid $166.1 million to 470 people abused by priests: this balanced out to just about $355,000 per person.

In another case, a school district in Los Angeles had to pay $88 million to about 30 different children and families due to serious sexual misconduct in two different elementary schools, or about $3 million per person.

The Way This Money Will Help Him

This boy, who will receive about $1,600 a month from an annuity fund for 40 years, will be able to use this money to help treat any problems that have occurred as a result of his abuse. Sexual abuse of this type often seriously impacts the mental health of people, causing high levels of depression, eating disorders, anxiety, repression, sexual misconduct, issues with relationships, and survivor guilt.

Treatment for these problems can last a lifetime, and with nearly $2,000 a month to spend on treatment, this young man has a real chance to get his life back on track and recover from the abuse he endured at such a young age.

 

Former La Vergne Police Officer Calls the City into Question With Substantial Allegations

According to a recent lawsuit filed, a former officer with the La Vergne Police Department has brought accusations against his former employer. He claims that he was forced out of his job after he raised concerns over inappropriate and criminal activity within the police force. He claims the work environment he, and other fellow employees, were regularly subjected to was intolerable and needed to be addressed.

The complaint was filed against the city of La Vergne on April 28th by former officer Michael Mullen. In the suit, Mullen claims that sexual misconduct and other criminal activity are commonplace in city offices. He states that the activity is carried out regularly by police officers for the city and is never discouraged or penalized. When he finally did make the decision to speak up against the lewd, offensive, and illegal activity he claims that he was forcibly La-Vergne-Police-Officer-Mullen-quoterequired to leave his employment.

Mullen is quoted in his suit against the city saying, “The La Vergne Police Department has systematically promoted an environment of lewd and sexual misconduct and rewarded officers who participated but took adverse action against the Plaintiff for not being like-minded.”

He goes on to elaborate on the offences that he witnessed during his fourteen years with the police department. He says that multiple officers were engaged in sexual relationships with minors, police informants, and other fellow officers. This activity highly influenced the day to day happenings within the police force and compromised effective police work.

The alleged offences go beyond inappropriate relationships as well. Mullen claims that between the years of 2001 ad 2015 he also witnessed evidence of illegal drug use and the inclusion of city officials in the activities. This then continued on to evidence being ignored and other cover up activity during investigations that involved city officials or police officers.

When Mullen made complaints to superiors, he claims he was investigated for making negative claims against fellow officers while those in question were never looked into. He says he was also denied deserved promotions because of his record of pointing out wrongdoing.

After being placed on administrative leave and then being denied reinstatement, Mullen sought employment at other agencies but was denied. He feels that La Vergne police department passed on false information to create a prejudice against him.

Attorneys for the case have not commented on the details of the case. The city of La Vergne has also remained silent.

 

Lawsuit Claims, Mentally Disabled Black Athlete from Dietrich High, Raped by Teammates in Idaho

DIETRICH, IDAHO–In this shocking story, a teen boy was violently sexually assaulted on October 22nd, 2015 by three high school football teammates. He was hospitalized from the injuries at that time. The victim’s identity is withheld to protect him as an underage sexual abuse victim. We do know that he is a 17 year old African-American high school student with some developmental problems. His adoptive parents are white and so is the town of Dietrich, predominately.

The assault happened in the football locker room at Dietrich High when a student lured the victim in by offering him a hug. There was one witness. As the boy opened his arms for an embrace, he was attacked by the three assailants who beat him before anally raping him with a coat hanger. During the attack, one youth kicked the coat hanger multiple time in a malicious and successful attempt to severely injure the boy. The witness reported in court that the students were laughing as they assaulted the victim.

Dietrich-high-idaho-insult-quotesThe attack happened after months of apparent abuse, not just from the three students, but from the entire school football team, in class, from teachers, and from coaches. Some of the abuse leading up to the sexual assault included name calling and violence. It is reported that the coach of the foot ball team forced the victim to wear boxing gloves to spar with with one of the offenders (weeks before the incident) in the center of a crowd of other students. In another instance, the boy was beat into unconsciousness while surrounded again by white onlookers, some adults present. In another instance, a violent wedgie was given, with well past the acceptable level of force. During these incidences, racial slurs were often shouted, such as the “N” word, and watermelon eater, as well as other racially motivated insults.

Three students are officially being charged, including John R.K. Howard, 18, of Keller, Texas, and 17-year-old Tanner Ward who made there initial appearance in the Lincoln County Magistrate Court to be arraigned in May 2016. He and Ward are both charged as adults with felony forcible penetration by use of a foreign object. The third student is being tried as a juvenile so his records are sealed. The two older students could face life in prison, but this is no guarantee.

The lawsuit filed with the U.S. District Court in Idaho alleges that one of the attackers sports the Confederate flag frequently and that he forced the victim in yet another instance to recite a racist song used by the KKK. The lawsuit is not just directed at the Dietrich High School, it also names 11 employees who willfully encouraged racial hatred amongst the young adults, failing their jobs as teachers and mentors.

 

A Class Action Filed Against Theranos

McCuneWright-Lawfirm-quote-An Arizona resident is suing Theranos for blood testing services that the company offered. The lawsuit, filed in U.S District Court for the Northern District of California by the The plaintiff, M.P.B, bought the said test at a Walgreen’s store in Tempe last December. He says that if he had this knowledge about the Edison testing machines, he would not have bought the test.

 
Theranos, a California start-up offering cheaper blood testing services for STIs, high cholesterol levels, and celiac diseases is being sued for allegedly producing results that were later voided or corrected. This followed a report that was released by Theranos saying that they had voided or corrected some of the results from their Edison machines and those from other vendors between 2014 and 2015. The company also notified doctors and patients that it had voided some results.

 
The Wall Street Journal first ran the story on test results correction and voiding. This release was followed by a statement from Theranos saying they had taken “comprehensive corrective measures” to tackle issues raised by the Centers for Medicare and Medicaid Services.
The lawsuit states that “As a result, tens of thousands of patients may have been given incorrect blood-test results, been subject to unnecessary or potentially harmful treatments, and been denied the opportunity to seek treatment for a treatable condition,” Theranos are not taking this lightly. The company’s spokeswoman, Brooke Buchanan said that the allegations lack merit and that Theranos will “vigorously defend itself against these claims.”

 
Theranos has several testing centers in Metro Phoenix, in 40 Walgreen stores. The company lobbied for House Bill 2645, which allows consumers to access lab tests without a physician’s order. When signing the bill in April 2015 at a Theranos location in Scottsdale, Gov. Doug Ducey said it “expands freedoms for people across the state to get the lab tests they need.”

 
A study that appeared in the Journal of Clinical Investigation found that Theranos lab results were more likely to fall out of ranges when compared with two other laboratories.

Lead Exposure – Employees Sue Duluth-Superior Shipyard

Employees sue Superior Shipyard for lead poisoning

Among several other employees, James Holder, a welder and ship fabricator, is suing Fraser Shipyards for exposure to toxic levels of lead while working on the freighter Herbert C. Jackson earlier this year.

Matthew Sims, attorney for Holders, states that he anticipates multiple suits for cases of the same nature as Holders. Work was suspended on the 57 year old Jackson after the Occupational Safety and Health Administration responded to complaints from employees of the Fraser company.

Shipyard-quote“The defendants should had known about the dangers workers were exposed to from occupational related illnesses.” said the lawsuit. They also mentioned that the OSHA warned Fraser in 1993 of violations related to workers exposed to toxic agents. Later on, Holder was found to have lead poisoning. He suffered multiple health problems with pains that were akin to death pangs.

The lawsuit declares that during the earlier part of the year employees informed the defendants about the harsh conditions on the 125 year old shipping yard and the unusual illnesses contracted by workers on the Jackson. However, all complaints went unheard by both the defendants and the agents who also refused to investigate allegations about sickness and went at far as to falsely assure workers and the plaintiff that there was nothing to be concerned about.

When the Tribune News interviewed Interlake Steamship President Mark Barker about hiring Fraser Shipyards to complete re-powering work – a new project for Fraser after so many years – he stated, “It’s a risk going to a yard that hasn’t re-powered a boat in 30 years or more,” Barker said at the time. “But at the same time if you don’t put some of that risk out there and let them do it, how are they going to get better? It’s important for us as partners in the industry to grow and develop together. They’re doing a nice job, but there are definitely some learning curves.”

Recently, Fraser has been reduced to an outpost for maintenance and repair projects because of its age. Updated shipyards are presently chosen for high grade operations before it was selected for the Herbert C. Jackson project. The shipyard, and all other parties involved, have 21 days to answer to Holder’s lawsuit.