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Archive for News – Page 63

Pierce County Judge Sanctions Backpage.com after CEO’s Guilty Plea in a Lawsuit

Posted by David Brown 
· July 12, 2018 

A Judge in Pierce County has ordered the sanctioning of Backpage.com in an ongoing lawsuit involving two teen girls who were allegedly sold for sex on the mentioned website.

The girls maintained that the plea agreement in which the former Backpage.com entered, in a separate criminal case, conflicted the assertions of the defendants in the lawsuit.

Ferrer acknowledged that he and Backpage.com executives and owners had known that most of the website’s escort ads were for prostitution. Further, he confessed that they had edited out the explicit references to prostitution so the ads would become a little less apparent to give the company deniability.

In light of that, the attorneys, Michael Pfau, Vincent Nappo and Jason Amala, representing the girls asserted that the group was dishonest about that in the lawsuit.

The motion filed by the girls’ attorneys stated that Ferrer’s admissions indicate the defendants of Backpage.com have deliberately and continually made misrepresentations in discovery, depositions, and pleadings to the court with the intention of obstructing the civil justice system and to needlessly inflate the costs of litigation to the victims of minor trafficking.

Judge Helen G. Whitener, the superior court judge, concurred and on Thursday ordered Backpage.com, Ferrer and its owners to pay the girls $200,000 in compensation, reported the girls’ attorneys.

Besides, Whitener said the defendants had willfully and unjustifiably failed to produce the 1.2 million documents sought by the girls as part of the lawsuit. And that if they failed to produce the records within 60 days, they would have to pay up to $1.2 million.

In the lawsuit, the two teens were identified as R.O. and K.M, and they said they were victims of sex trafficking in 2014 and 2015 aged about 14 and 16.

Backpage.com participated in the abuse by editing the online ads to make them less conspicuous, they were for sex, alleged the teens in the lawsuit filed last year.

They argue that Ferrer’s plea is a clear indication their allegations are true. Ferrer pleaded guilty in Arizona, California, and Texas to committing federal states crimes, the conspiracy to facilitate prostitution and money laundering included.

In April 2018, the FBI and other U.S. law enforcement agencies seized and shut down the website.

 

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Legal Organizations Sue the U.S. Department of Health and Human Services for Mistreating Detained Minors

Posted by David Brown 
· July 10, 2018 

A judge in California instructed the American border authorities to reunite all separated families within one month. The order has given hope to children who have been separated from their parents and relatives for long.

Mistreatment Lawsuit

Recently, several legal organizations sued the U.S. Department of Health and Human Services for mistreating minors detained in custody. The organizations accused the state of forcing children to take various psychotropic drugs without seeking their parents, relatives or custodian consent. This prevented children from reuniting with their families.

A few days ago, a Californian judge ordered the state to stop separating family members. The state had established a “zero tolerance” policy which prompted separation of families. Further, the judge ordered the federal government to reunite over 2,000 children with their families. Similarly, another lawsuit filed in April accused state-owned facilities of giving children an overdose to manage trauma arising from being separated from their relatives.

The Centre for Human Rights & Constitutional Law

One of the organizations which filed last Friday’s lawsuit, the Centre for Human Rights & Constitutional Law initiated the famous 1997 Flores settlement that explains how the state should treat detained children.

On the other hand, the Trump-led team is requesting a California court to change the settlement. It intends to detain children for long together with their families. Carlos Holguin, the center’s general counsel, said that the Department of Health and Human Services has been mistreating minors for long. His group has been challenging the federal government for over 30 years.

Carlos stated that the government has persistently tried to scrap the legal rights which protect underage children separated from their parents at the border. Currently, over 8,000 minors remain in custody. The legal organizations mainly focus on protecting the rights of all juveniles in the country. The Department of Health and Human Services didn’t comment on the litigation.

The Lawsuit Complainants

Last Friday’s lawsuit includes five children accusing contractors in charge of Health and Human Services, Office of Refugee Resettlement of mistreatment. In one case, a 12-year-old Guatemalan boy detained since February was given psychotropic medication to treat depression.

He developed depression while in custody. The complainant stated that the minor refused to continue with medication since it affected him negatively. The shelter’s officials decided to transfer the boy to Texas-based Shiloh Residential Treatment Centre. The officials of the Centre said that they’ll release the minor once he is psychologically stable.

In a different scenario, a 16-year-old Honduras girl has been treated with Abilify, Clonidine, Prozac, and Seroquel. Despite being partially deaf, border authorities didn’t provide her with hearing aids.

The federal government has many options to control illegal immigration but mistreating children in custody isn’t one of them.

 

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Judge Dismisses Sexual Harassment Lawsuit Against Haddon Township Police Chief

Posted by David Brown 
· July 5, 2018 

A 2-year statute of limitation has caused the judge to dismiss the sexual harassment lawsuit filed by four senior, male police officers against Haddon township police chief Mark Cavallo. Out of four counts, three were dismissed because though the officers claimed to be victims of sexual harassment since 2008, they cited no incidents since March 2016.

The senior officers had accused their superior of making inappropriate comments to and about them that were sexual in nature, including unwanted verbal solicitations. They stated that he touched them on the upper, inner thigh, and claimed to have witnessed Cavallo doing the same to other police officers.

The township had an attorney investigate the complaints, which the township mayor Randall Teague claimed were submitted after Cavallo had expressed intentions to retire and then changed his mind. Teague mentioned that the allegations were made at a time when police department promotions were being discussed and advertised.

Jeffrey Caccese, the attorney representing the four officers, emphasized that their decision to come forward with their concerns was difficult and not taken lightly. He also emphasized that no action was taken by the township to remedy the troubling situation.

The one remaining complaint in the lawsuit is for a claim of retaliation made after March 2016. This claim was made when Cavallo demanded that the officers had broken the chain of command by criticizing the promotion process.

A fifth officer had filed a lawsuit shortly after being let go in 2015 due to an eye condition that hindered his ability to work. While he had originally claimed to have received inappropriate communications from Cavallo, including sexually charged texts and images, he settled for $175,000 in exchange for agreeing he had no inappropriate communication from him.

The complaints filed by the four officers remain nothing more than allegations after being dismissed, and Cavallo continues to serve as police chief. At 59 years of age, Cavallo has been police chief since 2009 and served on the Haddon Township police force for 34 years.

Meanwhile, the four officers continue to serve under Cavallo, with one accuser—Captain Scott Bishop—serving as the second-highest ranking officer in the department.

 

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Joe DiMatteo’s Family Sues West Penn Hospital for His Death

Posted by David Brown 
· July 3, 2018 

A family in Allegheny sued West Penn Hospital and four doctors for the death of Joe DiMatteo. They claimed that the medical personnel’s malpractice led to the death of their loved one.

Joe DiMatteo Health Condition

Joe DiMatteo, a resident of Allegheny County, suffered from acid reflux for a long time. DiMatteo ran health care podcast for hour-long sessions. When his condition deteriorated, he conducted thorough research on viable treatment options.

Joe chose a device that prevents acid from reaching an individual’s esophagus hoping it would allow him to continue with the podcast as he monitored his family’s pharmacies in Pittsburgh.

On March 21, 2017, Joe underwent minor surgery in West Penn hospital. The surgery involved implanting the medical device. Over the next few months, certified doctors in the hospital did gross malpractice which led to Joe’s demise on June 15, 2017, at the age of 61.

Compensation Lawsuit

In the lawsuit, Mary DiMatteo, Joe’s daughter asked for compensation for her father’s death. Mary was the executor of Joe DiMatteo’s property and the lead plaintiff in the case. Nevertheless, Dan Laurent, West Penn hospital’s spokesman stated that the hospital had no comment to make on the matter.

In the hearing, Mary explained how Joe struggled to eat after the surgery. As a precautionary measure, he avoided food which exacerbated his condition including pasta sauce. With time, the acid reflux adversely affected his voice. He was concerned about his clarity during the podcast.

He visited West Penn Hospital in 2017 and consulted doctors on the best medical treatment options available. Occasionally, he met with Blair Jobe, AHN’s Esophageal and Lung Institute’s director, surgeon Yoshihiro Komatsu, Dr. Fahim Habib, and Dr. Kevi Christopher. They were defendants in the lawsuit.

According to the lawsuit, Joe DiMatteo instructed Dr. Christopher and Dr. Komatsu to insert the LINX Reflux Management System to prevent acid from further damaging his esophagus. The LINX system, a little bracelet of magnets is a useful technique in treating acid reflux. The device closes the sphincter area of a patient by adjusting its titanium beads.

Shortly after installation, the device seemed to operate well. However, after a few days, Joe started having trouble swallowing. A month later, he went back to West Penn hospital for an X-ray which revealed that the bracelet had shifted upwards from its initial position.

Joe DiMatteo’s Demise

On April 25, 2017, Joe went to West Penn to undergo surgery to remove LINX device. Dr. Habib and Dr. Komatsu implanted another device. During the surgery, doctors damaged his lymphatic system, causing chyle leak.

He made routine check-up visits at the hospital until June 12, 2017, when he underwent another surgery. Unfortunately, during the operation, Dr. Komatsu cut Joe’s descending aorta. According to the lawsuit, stopping the bleeding was an uphill task since he had been on coagulants.

DiMatteo was placed on life support when his situation worsened. He died three days later after his family agreed to remove him from life support.
Since their father died, the DiMatteos have carried on the pharmacies and podcasts by running Joe’s old shows. Sadly, their mother passed on five months later.

Today, Joe Jr. heads the company and is the lead pharmacist. The company has branches in Oakmont and Penn Hills. Dante also works with the company after graduating with a degree in Pharmacy while Mary handles accounting duties.

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New York State Threatens to File A Lawsuit Against Trump’s Policy on Immigration

Posted by David Brown 
· June 28, 2018 

Governor Andrew Cuomo of New York has threatened to file a lawsuit against the federal government over its ‘Zero Tolerance’ policy which has resulted in the separation of families of undocumented immigrants. More than 2000 children have been separated from their parents after the families were caught trying to enter the United States illegally. According to Cuomo, the administration’s decision to separate children from their parents and guardians is a violation of the due process.

 

Violation of Constitutional Rights

 

The New York governor, a Democrat, is a known Trump critic and at some point, referred to Trump as ‘ugly.’ Mr. Cuomo said that the lawsuit will be filed in the next two days and will involve three different state agencies. Among the violations that the governor stated is the federal constitutional rights, and he went further to say that the lawsuit will incorporate three different sections of the law. According to the governor and the state of New York, there are at least 70 children being housed in 10 different facilities downstate, including the Bronx, Lincolndale, Yonkers, and Kingston.

 

The Trump administration insists on enforcing federal laws by prosecuting immigrants who cross the border illegally, and since the government can’t hold children in federal jails, they are sent to detention camps. The US Congress is on the process of revising immigration laws to come up with a comprehensive set of legislation to make permanent changes on immigration. State lawmakers in Albany joined the rest of the nation in the condemnation of Trump’s new immigration policy.

 

‘Inhumane’ Policy

 

Gov. Cuomo referred to the administration’s policy on immigration as ‘inhumane,’ saying that separating children from their parents would have a lasting negative effect. State agencies in New York have made several attempts to reach out to the facilities where the children are being held with no avail. The state of New York was trying to offer health and social services for the children. However, this isn’t the first time the governor of New York is threatening to sue the federal government. In January, Andrew Cuomo threatened to sue the federal government over the tax law but didn’t follow through.

 

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A 12 Year Old Who Was Forced To Hug Bullies at School Commits Suicide

Posted by David Brown 
· June 26, 2018 

According to her parents, Mallory Grossman was bullied at school by classmates through text messages, Snapchat messages, and Instagram posts. Unfortunately, she could not handle it and she committed suicide on June 21, 2017. A year later, Grossman’s parents have decided to sue the Board of Education together with the township itself. Allegedly, Copeland Middle School never took significant action despite the parents’ repeated complaints.

Messages of the lawsuit were left for Superintendent Greg McGann together with the school district’s offices but were not returned immediately. Attorney John Laciofano of Rockaway’s township told the NJ Advance Media that a complaint had not yet been served to them. Laciofano pointed out that the matter would be passed on to Rockaway’s insurance carrier.

Attorney Bruce Nagel of Nagel Rice is representing Grossman’s parents, Dianne and Seth Grossman. He is famous for securing huge settlements and jury awards that amount to millions of dollars. According to him, this lawsuit was the first to be filed in New Jersey in relations to cyber-bullying suicide. Nagel said that they have not yet sued the families of the children who bullied Mallory. However, they have been notified of the possibility of a legal action. Nagel said that they still don’t know the status of the investigation despite it being investigated by the prosecutor’s office.

The Grossman family claims that the school failed to adhere to the state’s anti-bullying statute. They claim that the school officials suggested Mallory should avoid her bullies by having lunch in a guidance room instead of the lunchroom. In an attempt at reconciliation, she was then forced to hug her harassers.

Since the tragic loss of her daughter, Dianne Grossman has been an anti-bullying advocate through the Mallory’s Army group. She has expressed how impossible it has been to recover from Mallory’s death but is grateful for the community’s support.

Following the controversies surrounding Mallory’s death, McGann announced he would resign on 1st July. At some point, the Grossmans’ claims were called categorically false by the township’s Board of Education.

In the lawsuit, the complaints want the court to determine punitive damages and an unspecified compensatory.

 

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4 Employees Sue UCLA over Workplace Sexual Harassment

Posted by David Brown 
· June 21, 2018 

Four former female UCLA employees, namely, Krystal Eda, Marya Miguel, Amber Rose Palega, and Jackie Rodriguez have filed a lawsuit against the University of California and Board of Regents for failing to handle abuse complaints appropriately. The case was filed in Los Angeles County Superior Court, and the plaintiffs claim that their supervisor, Martha Mansoor harassed them sexually by slapping their buttocks, caressing their thighs, and making uncouth sexual remarks about their bodies. The plaintiffs feel that their allegations were ignored as they were ‘female-to-female.’

These claims fall under the FEHA (Fair Employment and Housing Act) rights that are meant to protect employees against workplace harassment and discrimination. The plaintiffs allege that the harassment began in 2016 and that the defendant retained her post even after one of the women informed another supervisor of the harassment. Instead, the supervisors retaliated by adding on to the plaintiffs’ workload, thus ensuring that they had no time to seek legal help, claims Darren Richie, the plaintiffs’ lawyer. Retaliation is also covered under FEHA.

The plaintiffs also claim that the complaint process at UCLA is long, confusing and ineffective. They cite a perfect example of the defendant continuing to work with and supervising the plaintiffs even after being alerted to the complaints against her. In spite of the harassment complaints having been submitted earlier in the year, the lawsuit indicates that the school terminated Mansoor in July of 2017. Moreover, UCLA’s internal complaint system showed that only one of the four women was the complainant while the rest were witnesses.

While UCLA did not respond immediately, they later issued a statement claiming that “these allegations are inconsistent with the standards of conduct expected of UCLA staff, faculty and students and we take them very seriously.” UCLA said they were reviewing the lawsuit’s details and would respond appropriately. The statement further encouraged the UCLA community to come forth with any concerns they could be having about the workplace environment.

The plaintiffs are seeking compensation for sexual harassment, failure of the institution to prevent such harassment, retaliation and discrimination, and deliberate and negligent infliction of emotional distress. Richie says that the four plaintiffs are pursuing more than 120 million dollars in compensation.

 

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High School Football Player Collapses and Dies After A Strenuous Training Session in Summer Heat

Posted by David Brown 
· June 19, 2018 

Lewis Simpkins, a 14-year old student at River Bluff High School collapsed and died after a two-hour and 15 minutes training session in 95-degree heat. This practice session was a punishment by the River Bluff High School football team for performing poorly in a match played the day before. The training session, ordered by the school’s football coaches, comprised of a series of sprints and other strenuous workouts with regular water breaks every 15-20 minutes.

 

Family Lawsuit

 

The parents, Willie and Shonda Simpkins, filed a lawsuit seeking unspecified damages for wrongful death. According to the Simpkins family lawsuit, the 6-foot-2, 270-pound defensive tackle collapsed in the high school’s locker rooms minutes after the training sessions. According to fellow teammates, Lewis was struggling throughout the training session and often had to stop and gasp for air. Just when the players thought that the strenuous training session was over, the coaches ordered the defensive players to perform ‘up-downs.’

 

It’s during this drill — where players assume a push-up position on the ground and then bring themselves up to their feet repeatedly — that Lewis’s body gave in to the pressure. After several up-downs, Simpkins leaned on one knee and could not get up. The coaches kept yelling constantly for the players to get up. Simpkins performed one more up-down but couldn’t find the strength to get up. He was moved to the training room where after answering a number of questions, became unresponsive.

 

Pre-Existing Heart Conditions

 

According to Margaret Fisher, the Lexington County Coroner, Lewis Simpkins succumbed to pre-existing heart conditions which were worsened by the extreme heat and humidity during the training session. The lawsuit filed by the family says that the River Bluff High School students were pushed too far in the training sessions without the necessary equipment to protect them from the extreme summer heat. In the lawsuit, the Simpkins family accuses S.C. Board of Education, S.C. High School League, Lexington County, and the Lexington 1 School District for failing in the adoption and enforcement of policies meant to protect the players in extreme weather conditions.

 

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Lawsuit Claims Justin Bieber Used Racial Phrases during Downtown Cleveland Brawl

Posted by David Brown 
· June 14, 2018 

A new lawsuit has been filed against Justin Bieber regarding a fight he had in downtown Cleveland. In 2016, Bieber allegedly attacked a man at a downtown Cleveland Hotel, and now that man is saying that the famous singer used “racial epithets” during the fight against him. There is a new lawsuit that was recently filed by Rodney Cannon, who said that during the fight, there was a lot of threatening communication that included the racial phrases and was in front of a number of people. The racial slur that Cannon is referring to is the N-word.

In addition to the racial epithets, the lawsuit also alleges that the brawl caused both physical and emotional harm to Cannon and that he had to miss several days from work. It was reported that Cannon did lose consciousness during the fight and suffered injuries to both his head and back.

The incident took place in June 2016 after an NBA Finals game, but Cannon didn’t file a Cleveland police report until February 2017. In the police report, Cannon said that he met Bieber after the game while walking into the hotel. After sharing a drink at the bar, Bieber allegedly took Cannon’s sunglasses as they were leaving. After Cannon took a picture of Beiber, Bieber became upset. If Bieber gave back the sunglasses, Cannon would then delete the photo. The fight broke out after Bieber did not return the sunglasses and instead grabbed Cannon’s phone and started deleting pictures off of it. During the fight, Bieber punched Cannon in the face several times. Cannon did not engage in the fight.

Sources for Bieber say that no racial epithets were said during the brawl. His manager, Scooter Braun, posted a statement online coming to the defense of Beiber, saying that this claim is false and that this man has pushed for money for the last several years. The statement acknowledges that Bieber has done a lot of stupid things in the past and has apologized for his actions.

Cannon’s attorneys say that the lawsuit is not a publicity stunt, and if it was, it would have been filed at the time of the incident.

TMZ released footage of the fight after it occurred, but Bieber hasn’t been criminally charged in connection with the incident.

 

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North Dakota Construction Firm Ordered to Pay for Sexual Harassment Suit

Posted by David Brown 
· June 12, 2018 

In order to settle a sexual harassment lawsuit that was filed by the U.S. Equal Employment Opportunity Commission (EEOC), a North Dakota civil construction company has been ordered to pay $59,000.

The lawsuit alleged Keller Paving Landscaping Inc., operating in Minot, was creating a hostile work environment for a female employee that included numerous incidents of sexual harassment. Based on the tough working conditions, she was forced to resign.

The company employed Jennifer Gerard, from June to October 2013, as a truck driver. During the short time she was employed, she was sexually harassed by several male coworkers. Some of the harassment included telling Gerard that she should be at home taking care of her kids instead of at the workplace. One incident alleges that a male coworker touched her on the shoulder and leg. Another incident included a male coworker asking Gerard to perform oral sex on him.

Even after complaining to both owners and her site manager, the harassment continued. When the conditions became too intolerable, Gerard quit.

The allegations Gerard had against the company are a violation of Title VII of the Civil Rights Act of 1964. This act helps protects employees facing discrimination based on their sex, color, religion, race, or national origin, and it also includes protection against sexual harassment.

When a pre-litigation settlement could not be reached, the lawsuit was filed in the U.S. District Court for the District of North Dakota, and on June 4, 2018, a U.S. District Judge signed the order. The $59,000 includes monetary relief to Gerard. As part of the settlement, Keller also has to revise its policies and include in the company handbook a way to complain about sexual harassment. In addition to having complaint procedures that are clearly outlined in the employee handbook, there will be required training. The company will need to train its management on Title VII. The training will include prohibitions against sexual harassment. Non-management employees will be trained on their rights under Title VII, which include being able to file discrimination charges with the EEOC. The company must report on any complaints of sexual harassment during a two-year period in order to comply with the EEOC.

 

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