Archive for News

The Danger of The Baseball Rule And The Risks Involved

60-year-old John ‘Jay’ Loos filed a lawsuit for negligence against the Cubs after he got a blind left eye in August after being injured by a flying ball as he sat down near the outfield of Wrigley Field. He told reporters “When you are sitting behind the home plate, you can’t tell the speed of the ball or where it’s going until it’s on you.”

Similarly, in 2009 Juanita DeJesus broke some bones in her face leading to blindness in her left eye after she was struck by the ball. The Indiana Supreme Court dismissed her lawsuit.

In children the injuries can be catastrophic; in 2008 the Tribune reported that a Seven-year-old fan present at his first Cubs baseball game in Wrigley field got a head injury by a line drive that left him with swelling in his brain and a cracked skull. There is no evidence of any lawsuit filed by the family.

While seated behind the Cubs home plate, a fourth grader, Delbert Yates Jr., sustained an injury to his right eye by a ball from Leon Durham in 1983. The family won a $67,500 jury verdict after his attorneys presented evidence that proved the protective screen that was behind the base was not enough. The verdict was upheld in 1992 by a states appeal court.

Oakland U.S. District Judge Yvonne Gonzalez Rogers while ruling on a group-action lawsuit asked why the Major League Baseball had not done enough to mitigate danger especially to its young fans, “It’s a mystery why the league fails to highlight the danger to parents, particularly knowing the risky exposure to children.”

The more than century-old baseball rule frees the stadium owners from any liability in regards to injuries as long as the protective netting shields substantial seats in the home plate area. The rule also assumes fans seated in other areas are aware of the danger of injuries from a flying ball or a broken bat. A study conducted in 2003 found that 35 fans, per one million visits to the league stadiums, were injured by foul balls.

Plenty of lawsuits in regards to baseball injuries have been thrown out by judges across the country; Illinois, in particular, has enshrined the Baseball rule into law. The League, in 2015, recommended that any seats at the field level within seventy feet of the home plates should be behind netting; this was to be applied in all ballparks.

Tragedy As Preeclampsia Claims Lesniak Staff Chief’s Wife

Marlenes, a classically trained pianist and a vice principal in the Elizabeth Public Schools, came to the US from Cuba at the age of 19. Sadly on June 25th, she became another statistic in the 830 women who die every day, according to World Health Organization, from preventable pregnancy and childbirth-related causes.

Marlenes and her husband Antonio Teixeira checked into Trinitas Regional Medical Center at 3:30 PM on 2nd of February for the birth of their twin boys via cesarean Section. Tony and Teo were born three hours later.

Marlenes, however, had developed a frontal headache and severely elevated high blood pressure, her condition persisted until 11:00 PM when she became verbally unresponsive and lost all feeling on the left side of her body. Minutes later she began seizing, and a CAT scan revealed she had suffered a brain hemorrhage which prompted her to be transferred to St. Barnabas Medical Center where she died four months later, never having regained consciousness.

Though grateful for the gifts of the two boys, Antonio Teixeira has filed a lawsuit against the management and staff of Trinitas Regional Medical Center for the death of Marlenes due to alleged negligent treatment in the immediate hours following her delivery. As per the lawsuit, the Chief of Staff for State Sen. Raymond Lesniak further alleges the medical staffs were unable to detect and correctly treat his wife’s hypertensive disorder, in this case, Preeclampsia.

Preeclampsia is defined as a disorder that commonly affects women in their last and final pregnancy trimester and some cases during postpartum and is characterized by persistent headaches, sudden high blood pressure, and other nervous system disorders. Without a proper care to manage the seizures and the high blood pressure it could potentially lead to postpartum stroke. “The death of such a young mother and wife at a tender age regardless of the circumstance is tragic especially when with proper treatment and management it was easily preventable,” said Ernest Fronzuto, Teixeira’s lawyer. “It is disheartening that Marlenes held her twins for a few countable hours and was affected by a stroke that left her in a coma simply because her care following the childbirth was grossly underestimated and mismanaged”.

Supreme Court Ruling Leads to the Reversal of a $72 Million Jury Award

Johnson & Johnson has been facing a series of lawsuits. This stems from the fact that people have complained of the cancer-related cases emerging from the use of the talc-based products offered by the company, one such product is the Johnson’s Baby Powder. In fact, J&J admits that it faces about 4,800 such cases nationally.

A recent ruling by the Supreme Court set a limit on the jurisdiction of a state court on injury lawsuits. According to the ruling, state courts have no jurisdiction over injuries that did not occur in the state and also when the defendant is not based in the particular state. The Supreme Court made this ruling in a case which involved Bristol Myers Squibb.

The Supreme Court ruling affected several rulings made earlier by state courts. One of these rulings was the one made by St. Louis’ state court. 65 plaintiffs had filed a case against Johnson & Johnson due to injuries that resulted from the use of the company’s talc-based products.

One of the plaintiffs was the family of a woman, Jacqueline Fox, who had died of ovarian cancer in 2015. She allegedly had developed the condition as a result of using Johnson & Johnson’s Shower to Shower and Baby Powder for 35 years. However, the firm had sold out Shower to bathe to the pharmaceutical company Valeant in 2012.

The state court of St. Louis found the cosmetic products’ company guilty of not providing adequate information to its consumers on the risks of using its products. As a result, the users were exposed to cancer-causing agents without their knowledge as was in Fox’s case.

After the proof of liability, the jury awarded a total of $72 million in favor of Fox’s family. $62 million of the sum was for punitive damages and $10 million for compensatory damages. The verdict was followed by three other awards by the court against the firm that totaled to $235 million.

Reversal of ruling

Following the Supreme Court’s ruling, Johnson & Johnson filed an appeal at the Missouri Court of Appeal seeking the reversal of the ruling given Jacqueline was a resident of Alabama. The Missouri court in their ruling pointed out that it was out of order for the case to be filed, heard and determined in St. Louis. Besides, only two of the 65 plaintiffs are residents of Missouri. It consequently reversed the $72 million award.

Judge Lisa van Amburg pointed out in her ruling that the Supreme Court’s decision is applicable even if the plaintiff received the same injuries as other resident plaintiffs.

J&J is currently facing similar lawsuits from about 4800 plaintiffs. The lawyers of the company and the plaintiff were not available immediately for comments.

Firms’ Negligence Allegedly to Blame in Royal Palm Beach Teen’s Death

Royal Palm Beach — On the night of January 25, 2016, at 8:13 p.m.,16-year-old Yessica Angel-Moreno was riding her bicycle home from her first night of English language class at Royal Palm Beach High School, near Okeechobee Boulevard. At the same time, 36-year-old Jorge Manuel Pires was in his 2005 BMW 330I, driving through a shopping center on the same road.

As Angel-Moreno rode her bicycle onto the driveway of the shopping center, Mr. Pires drove onto it in his vehicle. Striking his driver’s side door, she suffered devastating injuries requiring emergency airlifting to St. Mary’s Medical Center. Six days later, she died.

On October 13, 2017, the attorney of Angel-Moreno’s mother, Jason Cornell, filed a lawsuit in Palm Beach County Circuit Court against two firms: Timothy J. Messler Inc., the civil engineering firm responsible for Okeechobee Boulevard’s lane expansion, and Royal Arnav, LLC, the company that owns Village Shoppes Plaza.

The suit claims the Jupiter, Florida-based firms’ negligence is to blame for the teen’s death and seeks an unspecified amount in damages.

Mr. Cornell alleges that on the night of January 25, 2016, Mr. Pires could not possibly have seen Angel-Moreno riding past him on her bicycle because of the shopping center driveway’s design. He asserts Royal Arnav should have been aware that the driveway, constructed in 1983 when Okeechobee Boulevard was a two-lane road, was intended only for temporary access to the shopping center and further use was not permitted.

Furthermore, Mr. Cornell alleges Timothy Messler, Inc. should have corrected safety issues with the driveway when it expanded Okeechobee Boulevard from two to six lanes, in 2013. He notes how a sign, trees, and shrubs obstruct motorists’ view of the sidewalk. The civil engineering firm was not available for comment.

Avani Patel, the in-house attorney for Village Shoppes Plaza owner Royal Arnav LLC, said Mr. Cornell is mistaken about the crash site — that it occurred in another shopping center nearby, not in front of Village Shoppes Plaza. “It seems it’s the wrong plaza,” Mrs. Patel said.

Keep Them Coming: Doctor in N.J. Charged with Forcing Poisonous Painkillers on Patients

A New Jersey doctor landed a profitable job to speak for a prominent drug maker. Not many weeks after he started, he had to be absent and informed the saleswoman for the drug manufacturer that he would miss one already scheduled training session but, reportedly, claimed he would make it up to them. This is the kind of relationship some other doctors share with drug makers. They end up prescribing a certain drug to a ton of their patients as a favor. Authorities have concluded this doctor was working with the drug maker to aid an increasing drug addiction in New Jersey and both parties got rich off it. The doctor denied these allegations but concurred to a provisional license suspension for the inappropriate subscription.

Further measures

Authorities are pressing to permanently suspend the doctor’s license after a lawsuit has been filed against the drug maker. The lawsuit claims a sales representative of the drug company asked the doctor to keep prescriptions coming, but the company has not replied any messages. The doctor and his lawyer are ready to defend the case in court claiming he has had a clean record for over 25 years.

New regulations are being put in place to curb such relationships between doctors and drug makers in the future. The drug manufacturer has faced many similar lawsuits, and this doctor was better compensated than usual. Alleged evidence shows the company made millions off the transaction while the doctor got free trips and bonuses.

A terrible situation

Authorities claim the drugs the doctor kept pushing was potentially harmful to patients and such was only the kind of drug trafficking a street corner drug pusher will engage in, not a certified health worker. It is reported the doctor kept prescribing this drug to a female patient even though it conflicted with her other medication and could generate problems in breathing. Even with the risks and clear warnings, he continued the practice. He also kept prescribing the same drug to another male patient even though the patient did not fit the profile and whose medical condition did not merit the subscription. The new rules will also prohibit doctors from collecting gifts, cash and other entertaining items for services to drug manufacturers. Their annual service will have a $10,000 cap, and allowances will be reduced to stop such practices from continuing in New Jersey.

6 Forms Of Housing Discrimination You Should Know

Theoretically, housing discrimination should be a thing of the past. However, enactment of the Federal Fair Housing Act, few reports have indicated that the vice is still present. Recently, a report in the Daily News exposed a landlord who made it difficult for families with small children to get housing. According to the report, Parkoff Organization denied African American a place in one of its Brooklyn apartments.
Where to Report Housing Discrimination
If you are facing housing discrimination, there are various places that you can launch a complaint. Fair Housing Justice Center is one of the areas. The center is responsible for building the case that was reported on the Daily Nation after carrying out investigations.
Discriminatory Practices
There are various forms of housing discrimination that you should know. Some are obvious, while others are a bit technical. Irrespective of its classification, you need to seek legal actions against any form of discrimination because the law is loud and clear about it.
Deliberate Discriminatory Refusal
If a landlord refuses to rent or sell a house based on your race, religion and such unlawful forms of discrimination, it is illegal.
Intentionally Unavailing A House
Like in the case reported, the landlord made a house for rent unavailable because the prospective clients had small kids and were found to be misconduct.
Unequal Terms or conditions
Some landlords make different terms of house renting in a way to discriminate or prevent a specific group of people from accessing housing. Such actions are not only unlawful but offensive. On the investigated report, this offense was spotted where the landlord was charging different amount of rent for the same apartment. It was found that the landlord was charging more than $100 for black testers as compared to the white.
Discriminatory Adverts
This is less common as compared to past years. If you find out that a landlord has printed information barring others from renting or buying property then you know it is unlawful and should be addressed through a legal process.
Intimidation
This can be difficult to identify as it can come in various hidden forms. Some landlords or realtors may harass or threaten you from getting a house. Coercion is another form of intimidation as well as sexual harassment.
It is a profound insult to treat someone differently in as far as housing is concerned. House being a basic need should be free for all to access. Housing practices should be legal, free and fair to all. Heads of Parkoff Organization refused to comment.

Employees Assert Anti-LGBT Taunts, Threats and Racial Abuse in Tesla Lawsuit

Stories of anti-LGBT taunts, racial abuse and threats related to both have been recorded by employees of Tesla. One of such cases was a man who was repeatedly mocked and threatened because of his ‘gay tight’ dressing. Nothing was done about it when he reported, and he was penalized after complaining the second time. After continuous failure to stop the menace, he was fired without cause, and he filed a wrongful termination case for this.

Tesla has protected itself against these allegations by claiming an excellent track record. This does not tally with the many reports and lawsuits filed against the company including discrimination against race, gender, and anti-LGBT cases. Tesla always denies or refuses to address such claims saying they are unmeritorious.

An attempt to stand up

The man who was harassed because of his dressing claimed his supervisor began the series of taunts not long after he joined the company. After many threats, he feared for his safety and reported to a manager that he was facing reproach and threats because he was gay. Even though his assembly line was changed, he was still approached with similar problems. His second complaint had him transferred again, and according to him, this sent a retaliatory message from the company as he felt he was being punished. Shortly after, his manager sent him home without pay claiming he needed a doctors clearance to continue working because of an injury that dated back over two decades. He was fired even before he could see the doctor. Even though the doctor cleared him later on, Tesla’s actions were wrong and should be unacceptable.

For this, Tesla claimed they are regularly scrutinized in the public eye even though the company has an excellent track record. Company policy instructs that such cases be handled internally.

Unbearable racial discrimination

Another Tesla employee also filed a lawsuit hoping to defend other black workers from the abuse, racial discrimination and violent threats he and his son experienced at the company. This man reported severe racial sobriquets and drawings of derogatory cartoons of black people. He also witnessed his own son being abused like this in Tesla and felt powerless to help him.

Tesla replied with a defense as usual. They attacked the mans lawyer and tried to cover up the racist part when they did not even care enough to notice the reports before it was brought to public light.

Recalled Ikea Dresser Results in 8 Child Deaths

IKEA is known for its stylish, affordable furniture, but that affordability can come at a price. IKEA’s furniture needs to be assembled at home, and can actually be quite dangerous if not assembled properly. The latest example of this is the 2 year old California toddler who was recently crushed underneath IKEA’s Malm dresser while he napped.

This is the 8th such incident resulting from the Malm dresser line. IKEA says the accident was caused as a result of a failure to properly anchor the dresser to the wall. The family of the toddler claims they were not made aware of the danger of the Malm dresser, or the recall. This dresser has become known to be unstable if not properly anchored to the wall and has a great risk of tipping over, posing the greatest threat to young children. IKEA had already paid out $50 million to 3 families in 2014 and 2015.

Unfortunately, the lack of knowledge regarding the recall isn’t unique. IKEA sold as many as 65 million Malm dressers over the past 13 years. Only recently has the furniture company removed them from the website and stopped selling them altogether. The first public reports of child deaths associated with this dresser line occurred in 2014. When the problem became public, IKEA offered to replace the Malm dressers or provide replacement anchors to ensure their safety. As of now, IKEA is offering a full refund on the dresser or store credit depending on how old the unit is. If the customer would like to keep the dresser, IKEA is offering to send a repair team to anchor the dresser properly.

The biggest issue is getting the word out to owners of the Malm dressers. According to non-profit Kids In Danger, out of the 65 million Malm dressers that have been sold, it’s possible that only 3% have actually been repaired with IKEA’s repair kits or refunded altogether. That means there are potentially millions of households with this dresser still in them, posing a potentially life threatening risk to small children. This has led some to believe that IKEA has not done enough to get the word out regarding the Malm recall.

FAMILY MEDICINE CO. LLC V. IMPAX LABORATORIES, INC. – A CASE THAT REMAINS IN MOTION

In the case of law entitled Family Medicine Pharmacy LLC V. Impax Laboratories Inc., the aforementioned company brought a suit against Impax Laboratories Inc., claiming that it had breached 1991’s Telephone Consumer Protection Act (TCPA) by sending advertisements for its EpiPen via fax to thousands of pharmacies, including the Family Medicine Co, LLC.

Impax Laboratories has agreed to pay 4.8m in a bid to finalize the Class Action suit leveled against them. The Family Medicine Co. LLC asserts that Impax Laboratories has been illegally advertising their product, an epinephrine auto-injector, since 2013. The company Mylan introduced EpiPen into the market, which is a similar product, and the Impax auto-injector is the cheaper alternative to Mylan’s product.

The Class Action suit was heard in a courtroom in Southern Alabama. The final settlement of 4.8m US dollars will be broken down into an award of US $500 for each of the faxes received by approximately 48, 150 members of the Class Action suit.

The plaintiff in the suit, Family Medicine LLC, will receive remuneration of US $20,000 for their role as Class Action representative. This Class Action suit was placed on record for the first time in January 2017. On March 2017, Impax Laboratories filed a Motion to Dismiss the Class Action Complaint that had been filed by the Family Medicine Co LLC., earlier in the year. In response to the Motion to Dismiss the Family Medicine Co LLC., filed an Amended Class Action, which is now the case that is in motion before the court. The initial Class Action suit has been dismissed completely.

However, a number of issues arise from these actions, including the question of whether the Motion to Dismiss has any validity because the document against which the Motion to Dismiss was filed no longer has any legal force. Accordingly, the Motion to Dismiss may be deemed Moot and no longer applicable.

In the case where the Defendant wishes to renew the Motion to Dismiss, this party must wholly reproduce its initial arguments prior to the date of April 25, 2017. This is because the Defendant may not refer to arguments that may have been produced in the original documents.

https://www.leagle.com/decision/infdco20170412b11

Emma Fox “Regretful”: Faces Supreme Court 11 Months After DUI Death of Robby Schartner

Emma Fox is apparently feeling remorseful after a chain of decisions that landed her with a case in the state Supreme Court. The 25-year-old has been charged with second-degree vehicular manslaughter, reckless driving, speeding, and two counts of driving under the influence of alcohol. The charges come after she struck and killed 21-year-old college student and lacrosse player, Robby Schartner, who was traveling on foot. According to her lawyer, the tragic event is something she regrets every day.

On the early-morning of Oct. 9, 2016, Fox left alone after drinking and partying with friends at The Pub in Rye and La Quinta Inn & Suites in Armonk. Schartner was walking toward the Manhattanville campus after visiting a string of bars on Mamaroneck Avenue and getting separated from his friends. Fox proceeded to drive her 2012 Nissan Sentra in the same direction he was heading to the school. By record of local police, she hit Schartner near the White Plains overpass.

Fox continued driving about a quarter-mile before stopping to call police. She told the officers she was looking down at directions on her GPS when she hit an unknown object. After finding Schartner’s body near the overpass, White Plains Police arrested Fox. The charges came after they confirmed her breath test showed her BAC as 0.21 percent, 0.13 over the legal limit for driving under the influence. The charges were moved from first-degree to second after conflicting breath test results. The hospital’s test results from an hour and 45 minutes later showed her BAC to only be 0.09 percent.

Now 11 months later, Fox’s case has been transferred from White Plains City Court to state Supreme Court.

According to USA Today, Hall’s attorney stated she remains devastated over the death of her son. She also filed a wrongful death civil suit last month against Emma Fox and the bars that patronized her the night of Schartner’s death.

Meanwhile, the lacrosse team remembered their teammate and took steps to make a difference with the launch of their #TeamThree campaign. The initiative against drunk driving that honors his uniform number went viral, gaining the attention of several notable influencers. Odell Beckham, wide receiver for the New York Giants and the band Aerosmith took notice and helped push the cause.