News Archives | Page 65 of 92

Archive for News – Page 65

Oil Companies Move to Squash New York City Lawsuit

Posted by David Brown

· May 8, 2018

In a response to a lawsuit brought by the City of New York, five of the world’s largest oil companies have jointly responded with a request that U.S. District Judge John F. Keenan reject the suit.

New York’s suit, which names BP, Chevron, ConocoPhillips, ExxonMobil and Royal Dutch Shell as defendants, states that the oil companies are knowingly responsible for climate change and that the damages from emissions include but are not limited to sea level rise, extreme storms, and heat waves.

According to the suit, these ongoing conditions are causing severe economic difficulties and personal suffering. In the complaint, filed January 9, 2018, in New York City, states:

“This lawsuit is based upon the fundamental principle that a corporation that makes a product causing severe harm when used exactly as intended should shoulder the costs of abating that harm. Defendants here produced, marketed, and sold massive quantities of fossil fuels […]despite knowing that the combustion and use of fossil fuels emit greenhouse gases […]”

New York v. BP P.L.C., 18-cv-182, U.S. District Court, Southern District of New York

The five oil companies named in the suit, three of whom were served on January 30th, counter that a District Court is not an appropriate venue for such a case. In a motion to dismiss, filed on February 5th, the companies jointly state:

“The Complaint puts squarely at issue federal statutory, regulatory, and constitutional issues; aims to upset bedrock federal-state divisions of responsibility; and has profound implications for the global economy, international relations, and America’s national security […] cases asserting nearly identical claims […] have been universally rejected by U.S. courts.”

Ad[d]ressing Common Grounds in Support of Their Motions to Dismiss Case No. 18 Civ. 182 (JFK)

The move to dismiss cites over 50 legal precedents, 23 statutes and 7 regulations which are provided as evidence of legal precedence for the dismissal of such cases.

Similar cases are being brought against oil companies, notably in California. The California case, which was initiated earlier in 2017, has recently been answered with a similar motion to dismiss. This motion will be considered on May 24th.

As per the New York City Case, Judge John F. Keenan will consider arguments in a hearing scheduled for June 13th, 2018.

Categories : News

Tags : climate change lawsuit, motion for dismissal

A Popular Ex-San Jose Cop Gets Fired For Filing a Lawsuit for Sexually Harassed Women

Posted by David Brown

· May 3, 2018

San Jose tech firm was sued recently after one of its security managers, harassed his female colleague. It all started when he talked about his genitalia at a company party. Due to fear of retaliation, his female workmates didn’t report him to the human resource manager despite being uncomfortable with his utterances.

Robert Lobach, a security contractor at the firm and an ex-San Jose policeman, urged the aggrieved employees to file their complaints with the HR. However, they hesitated, a move that prompted Robert to file the complaint on their behalf. According to the lawsuit, the workers gave Robert the green light which eventually got him fired.

Before approaching the Xilinx HR department, Robert personally met with each employee to get explicit details of what transpired in December 2017. Chris Ward, who heads the firm’s security operations, was in attendance.

The court heard that during the celebration, Ward narrated a story concerning a man who intended to cut off his private parts. He further praised his genitalia and declared his intense desire to protect his organs from assailants.

Many women, near Ward at that moment, were contractors from Allied Universal Security Services. The company provides vital services to Xilinx. When Ward noticed that his colleagues were uncomfortable with his utterances, he said he had the right to opine. After all, he was the client.

Xilinx disputed Robert’s claim that he got fired. Through their lawyer, the company said that Allied Services had re-hired him after he filed the complaint. One of its spokespersons said that the firm doesn’t want to harbor harassment of employees at their workplace. Furthermore, the company stated that their Code of Conduct explicitly discourages such behaviors.

The spokesperson claimed that the firm is committed to creating a comfortable workplace for all its workers and contractors. It also takes any violation concerns seriously. Also, Xilinx gives strict punishment to those found culpable of sexual harassment.

At the time the court issued the new lawsuit, #MeToo movement had established a foundation in Silicon Valley. It fights against sexual harassment of women employees in venture capital and tech firms.

A week after the party, Robert approached the firm’s HR and explained female contractors’ concerns. Consequentially, the company fired him the following day. Robert filed his case on Tuesday at the Santa Clara County court where he is asking for unspecified damages.

Roberts’ name might be familiar to most readers of the Mercury News. Back in 2015, while working as Branham high school’s security guard, some assailants stabbed him in the back. He was dispersing individuals drinking alcohol and smoking bang. The knife’s blade hit his spine protecting him from serious injury.

Categories : News

Tags : sexual harassment, workplace misconduct

A Split Pa. Court Voids a $35m Damage Award

Posted by David Brown

· May 1, 2018

Two years ago, Allegheny County court gave Eugene Straw’s family a $35m damage award for the death of their six years old son in a fatal road accident. The court found 41 years old, Kirk Fair responsible for the crash.

Recently, a Split Pa. court voided the award and sent the lawsuit to Allegheny court for another trial. The court stated that Senior Judge Paul F. Lutty Jr erroneously freed some defendants like Straw’s father, Thomas, from the suit. Judge Judith Ference summarized the court’s majority opinion.

The accident occurred after the Straw’s family vehicle’s hood opened while cruising in Allegheny County on Route 28. Upon noticing, Thomas Straw quickly stopped the automobile in the middle of the highway’s lane. He lit his flashers to alert oncoming motorists.

Kirk Fair, from North Buffalo, was driving a pickup on the same highway at the same time. The truck belonged to Golon Masonry Restoration Inc. investigators discovered that Fair leaned to collect some folders which had drooped to the vehicle’s floor. He bumped into Thomas Straw’s car cruising at 17mph.

During his prosecution, Fair pleaded guilty to homicide charges. He also admitted having endangering lives by driving recklessly and over speeding. In 2014, the county court sentenced him to 23 months imprisonment.

In 2015, the court heard Thomas Straw’s lawsuit against Golon and Fair. By then, judge Lutty had removed some co-defendants who Kirk and Golon wanted to be included in the trial. They included two service stations and an auto parts shop that repaired Straw’s car. Kirk and Golon accused Thomas Straw of driving an automobile with a faulty hood latch. However, Lutty dismissed the defendant’s claim.

While ordering a new trial, Judge Olson deemed it appropriate for the second jury to determine whether the parts store, Thomas Straw, and the two service stations should be held responsible for the grisly accident. Judge Victor Stabile had a dissenting opinion. He opposed granting the case a new trial. He stated that Fair’s negligence was overwhelming rendering the actions of other defendants irrelevant.

Stabile noted that the accident occurred at around 7:30 pm. Besides, it was on a bright day, and the particular road has a 55mph maximum speed limit. He noted that apart from over speeding, Kirk wasn’t attentive. He delayed applying his emergency brakes hitting Eugene and killing him instantly.

Judge Stabile wrote that if Fair were prudent while driving, he would have seen Thomas Straw’s vehicle. He had clear visibility of over 2,000 feet and would have avoided the collision.

Categories : News

Tags : damage award, negligence

Family of Golfer Killed by Tree Branch Sues Resort for Wrongful Death

Posted by David Brown

· April 26, 2018

Golf is a passion for many and a great way to get exercise in a relaxed atmosphere. While it is possible to get injured while playing, this usually consists of a pulled muscle from overswinging or being struck by a ball when someone fails to yell “Fore!”

But there are many hazards on a golf course that few people think about. Unfortunately, a 71-year-old golfer in Palm Springs, CA, found this out the hard way, and his family is suing the golf course for wrongful death.

On March 30, 2017, David Hamaker had finished most of a round of golf at the luxury Tahquitz Creek Golf Resort in Palm Springs. While relaxing in his golf cart near the 17th hole, he was struck by a falling tree branch. The Black Butte Ranch, Oregon resident was rushed to nearby Desert Regional Medical Center, where he was diagnosed with a severe fracture dislocation of the cervical spine. Although he underwent surgery to repair the injury, he passed away a week after the incident occurred, on April 7th. The cause of death, as stated on his death certificate, was “sequelae (damage or trauma caused to the site of a previous injury or condition) of blunt impact injury of the neck.”

The family of Mr. Hamaker is suing Tahquitz Creek Golf Resort for unspecified damages, alleging negligence on the part of the course’s owners. The suit declares that the owner’s inattention to the upkeep of trees on the property allowed them to fall into a state of disrepair. Citing recent windy weather, which may have exacerbated the situation, the suit further alleges that the owners abdicated their duty to warn golfers of the peril caused by the damaged trees. The suit seeks to remove the concept of “An Act of God” from the proceedings by placing the blame squarely on the owners of the course. The Hamaker family is also suing the City of Palm Springs for unspecified damages. The specifics of the suit against the city are unknown at this time.

Representatives for Tahquitz Creek Golf Resort and the City of Palm Springs have yet to respond to the lawsuit.

Categories : News

Tags : golf course, trauma, wrongful death

Former Employee Files Lawsuit Against Rio Arriba County School Official for Assaulting a 12-Year-Old Girl

Posted by David Brown

· April 24, 2018

Deana Gallegos, a former employee of a small school in Espanola, New Mexico, is accusing an education official of Rio Arriba County for sexually assaulting a 12-year-old girl. The alleged incident happened last August, and she claims that she was fired because they wanted to retaliate against her for making the complaint. Vernon Jaramillo has been working with the County for a long time, and he’s one of the school’s top administrators. Jaramillo serves as the chancellor for the Carinos Charter School, and he was the superintendent of the Mesa Vista School District. He has also denied the allegations that have been made against him.

The lawsuit was filed last week, making him and Principal Bernice Life the defendants. The eighth-grade girl told Gallegos that he made sexual advances toward her last August. Her teacher reported it to the New Mexico Children, Youth and Families Department as well as the local police department. Aside from making sexual comments, she claims that Jaramillo hugged and kissed her (along with grabbing her buttocks) and that she was meeting with him in his office alone.

A complaint was also filed with the New Mexico Human Rights Bureau, and the spokeswoman for the Education Department confirmed that an email was sent to the agency regarding the complaint. A detective for the Espanola Police Department “decided not to pursue the case or send it to the First Judicial District Attorney’s Office.” He stated that the alleged victim didn’t give a consistent account of what happened, but the allegations came in the middle of some management changes that resulted in some confusion at the police department. Jaramillo claims that he has not been placed on leave. But according to the suit, he hasn’t been working at the school for a couple of weeks.

The detective who decided not to pursue the investigation was fired in March by the mayor who had just been elected, and it was because of a series of lawsuits that had been filed under his watch – one of which was the case in question. It claims that Romero tried to stop the investigation, and there was a video that showed evidence of misconduct by other officers. The principal and the other administrators at the school became hostile toward Gallegos after she made the complaint, and they started giving her more job responsibilities. She received a termination letter from the school last September. She’s looking for lost wages, attorney’s fees, court costs, and punitive damages.

Categories : News

Tags : assult, sexual contact with minor, wrongful termination

Boy Decapitated on Water Slide

Posted by David Brown

· April 19, 2018

In an effort to get the record for having the world’s largest waterslide, the Schlitterbahn Waterpark in Kansas City rushed through the building of a ride that was as structurally complex as it was dangerous. They ignored all the “red flags” with regard to safety, and they used crude methods instead of performing proper calculations. This act of negligence resulted in the death of a 10-year-old boy and more than a dozen injuries. The boy was decapitated while riding the 170-foot-tall slide. A year and a half after his death, the Attorney General’s Office for the State of Kansas has announced the filing of criminal charges against the company and one of its employees.

Both Schlitterbahn and Tyler Austin Miles (the former director of operations) are facing charges of involuntary manslaughter as well as several counts of battery, child endangerment, and interference with law enforcement. They claim that the company knew the slide wasn’t safe as there had been several injuries that had been reported before the boy’s death. The spokeswoman for Schlitterbahn denied that the company and Miles withheld any information or evidence. She said the boy’s death was the result of an accident – not a crime.

The 47-page indictment has detailed evidence that has been gathered from emails, memos, blueprints, videos, photos, and accounts from witnesses. It paints a different picture than what she and the company described. It proves that the company took little to no consideration for people’s safety, and they were only concerned about breaking a world record. The ride is a cross between a roller-coaster and a waterslide, and it was a spur-of-the-moment proposal that was meant to impress the producers of Travel Channel’s Extreme Waterparks series. Since the ride was opened in July of 2014, and before the boy’s death approximately two years later, 13 people have been injured because a raft went airborne and hit both the net and the suspended hoops. The boy was decapitated when the raft hit one of the hoops.

The indictment suggests that the company was aware of the dangers, and they knew that the ride could possibly kill people. Yet, despite the warnings, they rushed for a faster completion date. Investigations also revealed that the company hired an engineering firm to perform tests on the ride a week before it was officially opened, but they decided to ignore the results (which showed that a raft carrying 400-500 pounds of weight could go airborne).

Categories : News

Tags : water slide, wrongful death, wrongful death lawsuit

Oklahoma Teachers Rally at Capitol for More Funds

Posted by David Brown

· April 17, 2018

For a second day, public school teachers rallied at the State Capitol Building in Oklahoma City. Citing the need for higher pay and better funding for schools, the large crowd entered the capitol rotunda seeking an audience with lawmakers to support a tax bill that would provide an additional $200 million for Oklahoma Schools.

In addition to the protest at the capitol, some 30,000 other teachers left their jobs on Monday and Tuesday. These walkouts interrupted school in 70 school districts, suspending classes for 500,000 students in a state with a student population of 700,000. However, many students, parents, and teachers around the state organized events to support the striking teachers.

The Oklahoma teachers are following the pattern set in a by a successful teacher strike in West Virginia and another taking place in Kentucky. Like those states, Oklahoma does provide schools with funding well below the national average. Oklahoma ranks 47^th in the U.S. in terms of dollars spent per student, and 48^th in the nation in teacher salary average, according to data collected in 2016 by the National Educational Association. This works out to a mean annual average salary of $42,460, with new teachers starting at a wage of $31,600 minimum.

Oklahoma lawmakers tried to diffuse the strike before it happened by passing a $450 million tax bill, which included an average increase of $6,100 to teacher salaries. However, the focus of the package would have forced some school districts to cut back to just four school days a week. Teachers saw this as unacceptable and have requested that the spending bill is revoked and replaced by a package that would provide better funding for both teachers and school districts.

Governor Mary Fallin (R) has shown little sympathy for the striking teachers, suggesting they are acting like teenagers who want better cars. She also implied that the strike was not a product of local frustrated teachers but being led by outside groups, such as the anti-fascist movement, ANTIFA. Claims at which teachers and the local media both scoffed.

With both sides unwilling to budge, it seems a lengthy strike may be in order.

Categories : News

Tags : Oklahoma teachers strike

SoCal Edison Sued for Deadly Wildfire, Mudslides

Posted by David Brown

· April 12, 2018

Southern California Edison (SoCal), the City of Ventura, and the regions’ Casitas and Montecito Municipal Water Districts are alleged to blame for one of Southern California’s largest wildfires, and its aftermath – deadly mudslides in Montecito. This is according to two class-action lawsuits brought on behalf of multiple victims, who lost homes, were unable to work, and whose loved ones died.

George Lewis vs. Southern California Edison Company filed December 15, 2017, in Ventura County Superior Court, alleges that during their construction activities in Santa Paula, Calif., SoCal employees failed to “ensure that surrounding trees and vegetation were trimmed and kept at a safe distance.” This negligence, the complaint states, caused the area’s dry vegetation to ignite. Plaintiffs’ attorneys also claim that the electricity provided by the City of Ventura and Casitas Municipal Water District was not adequate to power water pumping stations and fire hydrants.

As a result, the 8,500 firefighters battling what turned out to be the fifth largest fire in California history, were not able to contain the blaze early on. Nearly 100,000 residents in a 17-mile area were forced to evacuate.

The subsequent lawsuit, filed January 12, 2018, In Superior Court of Santa Barbara County, blames SoCal and The Montecito Water District for the Montecito mudslides that buried and closed Highway 101 in much of Santa Barbara County. According to the complaint, the Thomas Fire made the area vulnerable to runoff excesses, as well as erosion debris and mud flows during heavy rains.

The Thomas Fire claimed two lives and destroyed 281,000 acres and 1,000 properties. The Montecito mudslides were far deadlier, killing at least 20 people, destroying 1,000 homes, and damaging thousands more. Cost estimates of the dual disaster, in firefighting efforts, and land and property damage, well exceed $100 million.

Westlake Village Attorneys Robinson & Associates filed both lawsuits, joined for the second by attorney Joseph Liebman, and the law firm of Foley, Bezek, Behle & Curtis, LLP, both of Santa Barbara.

According to Southern California Edison, the California Dept. of Forestry and Fire Protection (Cal Fire), additional fire agencies, and the California Public Utilities Commission are investigating. The fire’s official cause has yet to be determined.

Categories : News

Tags : negligence lawsuit, property damage, wrongful deaths

Parole Officer’s Son Commits Suicide Using His Father’s Service Weapon

Posted by David Brown

· April 10, 2018

In the early morning hours of Valentine’s Day 2017, 18-year-old Marist High School senior William Han Manstrom-Greening committed suicide by using his father’s unsecured service weapon. William’s father Glenn Greening, along with Greening’s employer Lane County, have both been named as defendants by William’s estate in a wrongful death lawsuit filed just last week. According to the lawsuit. “On February 13, 2017, Lane County Parole and Probation Officer Glenn Greening left his Glock 19 duty weapon and ammunition readily accessible, loaded and unattended inside his home, and went to bed. His son, William Han Manstrom-Greening,” having gained easy access to the unsecured weapon then used the gun to kill himself.

The suit goes on to say that Lane County Parole and Probation, together with William’s father Glenn Greening, not only enhanced the dangerous circumstances surrounding the young man’s passing but in the end were the cause of William Han Manstrom-Greening’s wrongful death. “Lane County failed to ensure that Glenn Greening, an armed Lane County parole officer, properly stored his handgun.” Finally, the suit uncovers the previous history that Greening was suspended from carrying a gun in 2004 for threatening and harassing William’s mother. Despite this incident, the county re-authorized Greening to once again carry a gun in 2012.”

David Park, the attorney representing William’s estate says “law enforcement officers should be held to the highest standards of firearms safety. Doing so requires careful selection of the persons authorized to carry firearms as well as careful supervision of those persons, once selected.” Without access to his father’s gun, the wrongful death suit alleges that William would still be alive today.

Adopted at the age of just eleven months, William grew up In Eugene, Oregon as a well-liked scholar-athlete who ran cross country, played soccer, flag football, basketball, and baseball all while maintaining a 3.6-grade point average. William has been described an especially kind young man who was known to enjoy volunteering, traveling, playing a variety of board games and spending time with his family and friends. William’s future plans included attending Oregon State University with his fellow Marist High classmates following graduation this past spring.

Categories : News

Tags : negligence, wrongful death

Male Student in UCLA Mercilessly Stabs His Classmate During A Chemistry Lab Session

Posted by David Brown

· April 5, 2018

The news received from UCLA (University of California Los Angeles) got everyone in shock and deep agony. Katherine Rosen was a pre-med student at her junior level in this university. It was said that Katherine and her fellow classmates were undertaking a chemistry lab session when something insane occurred.

“As I knelt to place something inside my desk drawer, I sensed that someone was behind me. In a jiffy, my fellow classmate, Doman Thompson, stabbed me in the neck and chest.” Katherine Rosen said.

Lucky enough, Katherine survived the lethal injuries and soon she was back to school. She decided to sue the University of California Los Angeles. This was based on the facts that the school had practiced negligence. She also said that the school was well informed about the classmate’s perilous deeds but it did not take up the task of protecting her.

Nine years after this incidence the California Supreme Court gave Katherine’s case a go-ahead. During the court verdict, the court said that it was the duty of all public universities and colleges to protect their students from any sort of violence. This was either during their extra-curricular activities or classroom sessions. The judge went ahead and stated that any college would be in deep trouble if they failed to put strict measures in place to discipline the notorious students and protect other students.

Justice Carol A. Corrigan stated in the court that all students from all over the world are always depending on the colleges to offer a conducive learning environment.

Unfortunately, in the court report, it was discovered that the UCLA officials were fully aware that Doman Thompson (Katherine’s assailant) suffered from severe auditory hallucinations and paranoid thoughts. The school psychiatrist did a couple of tests on him and found out that he suffered from schizophrenia. Based on his past university life, he had been prevented from accessing the campus’s housing. This was after he pushed another student. During the court ruling, it was stated that one of the teaching staff assistants had been informed by Doman that Katherine and other students were mortifying him. Katherine’s lawyer denied the allegations.

Brain Panish who happens to be Rosen’s trial lawyer said that Rosen was undergoing emotional and physical scars from the terrifying incident.

Rosen who is a medical student, sent an email communicating that she hoped the ruling will enforce the fact that universities should have effective ways to protect their students.

Categories : News

Tags : assault, college negligence

Archive for News – Page 65

Latest News