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Archive for News – Page 75

3 Key Legal Provisions regarding Domestic Abuse

Posted by David Brown 
· May 16, 2017 

Domestic violence has been rampant in many countries hence there is a need for enforcement of  laws governing family disputes. The legal channels are made to assist in solving conflicts in your family,and also to ensure laws are adhered to  accordingly. The primary importance of law enforcement is to make sure you get justice. Below are some national provisions governing families.

Violence Against Women Act

This regulation curbs women from mistreatment and domestic abuse.If you are a woman the act is meant for you,since it was set to reduce chances of domestic violence against women. The likelihood of ill-treatment against women became minor as the law came in to assist in the matter. This act supports  a woman who falls victim to ensure they are secured, and an immediate action is taken against an individual mistreating you as a woman. The legal regulation protect abused spouses where there is a clear prove that there was an act of violence. The abuser is eligible for criminal charges and may be requested to provide monetary assistance in hospitalizing you incase you are injured.

Child Custody and Domestic Violence Act

When child abuse occurs in your family, an immediate action should be taken to provide safety for your child. The court deprives a spouse who falls  victim the right of parenting the child. The law awards the other spouse full custody of the child. Although in many scenarios a mother is considered more caring, there is a possibility of the father being the most appropriate candidate.If your partner molest your child,take legal action against him or her.

Divorce Proceedings Act

A family disagreement may result in separation due to many reasons. Abuse of a spouse or unfaithfulness by your partner  may prompt you  to take a divorce case to  court of law. The court requires a clear evidence of the cause for the divorce.  There must be involvement of a lawyer in the divorce proceedings, and the court’s judge gives the final say regarding the divorce.If you were initiating the divorce,you must involve a witness, marks left, or photographic to help in the judgment.

The laws governing domestic violence are helpful in securing every family member. Every country has laws defending all citizens even in the families. This ensures justice prevails in every sector. The law protects every of the family member bringing peace and harmony to the family.

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Texas Borderland Owners Block Trump’s Wall

Posted by David Brown 
· May 11, 2017 

Los Ebanos, Texas. — One obstacle to President Trump’s pledged border wall is a little park in Los Ebanos. Aleida Garcia and her husband have converted part of their 30-acre property into the small park, which features a panoramic vista over the Rio Grande Valley. About ten years ago, the Department of Homeland Security (DHS), under George W. Bush’s 2008 Secure Fence Act, attempted to seize that part of the Garcia’s land to build a border wall. The family fought the government in court, and DHS finally dropped the case just this year.

But, Mrs. Garcia has reportedly acknowledged to the New York Times (NYT) that President Trump’s plans might once again put her family’s property in jeopardy. “We’re just waiting…”, she reported told the NYT reporter. The Garcias are braced to resist all renewed federal attempts to take the property through eminent domain actions. And, they’ve got help. In at least ninety lawsuits, landowners have been battling government attempts to seize of their properties in in southern Texas since 2008.

Numerous Texas politicians support the private litigants. After all, in Texas, private ownership of land is held as a rather sacred right. State Representative Henry Cuellar reportedly stated to the NYT, “Here in Texas, we take the concept of private property very seriously,” And, he asserted, “Texans stand up for ourselves when the federal government tries to take what is ours.” This widespread local legal opposition to the border wall could frustrate construction plans for years as lawsuits grind through the courts.

But, both President Trump and Homeland Security Secretary, John Kelly have asserted that the wall can be built within 24 months. However, the recently passed Congressional spending bill does not include any allocation of funds for the wall construction. Now, newly surfacing legal disputes, along with the existing cases, and the absence of funding, all together make the president’s projected timeframe improbable—especially since the Texas landowners’ mission is to block construction by staying in court until Trump is out of office.

The Texan property owners are sharply aware that their region is a passage for drug smugglers. Some residents have even been crime victims. Yet, their group presents one of the president’s strongest challenges to building a border wall. They maintain that there is already heavy border security, in the form of patrolling by federal and local authorities and drones. They argue that the wall would be of little added security value. Their position is that their land would be lost for a wall that would be of merely symbolic effect.

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Case of the Unicorn Frappuccino: Cafe Sues Starbucks Over Trademark

Posted by David Brown 
· May 9, 2017 

With pink and blue rainbow swirls, it was playfully eye-catching. And Starbucks staffers had a field day promoting the Unicorn Frappuccino over social media.

But a cafe known as The End Brooklyn was not amused.

The End serves up healthful drinks in coffee cups to customers in New York City’s trendy Williamsburg area. And it filed a lawsuit that accuses Starbucks of grabbing its own Unicorn Latte idea.

The End hasn’t trademarked its Unicorn Latte, so a trademark infringement challenge is a long shot. Yet The End’s parent company, Montauk Juice Factory, has had an application for “Unicorn Latte” pending since January with the U.S. Patent and Trademark Office.

A Unicorn Latte at The End contains dates, vanilla bean, ginger, lemon juice, cashews, and maca root. The End applies natural colors to the whipped cuppa, delighting customers with artistic flourishes. Starbucks, in turn, whipped up a drink concept with similar pastel hues, and sold it under the name Unicorn Frappuccino. Or, in the branding language of Starbucks, Unicorn Frappuccino® Blended Crème.

The End sees Starbucks as usurping the idea’s appeal, as customers now associate unicorn cafe drinks with the bigger chain.

Starbucks has fired back at the smaller company. It credits social media users’ excitement over “fun, spirited and colorful unicorn-themed” products for inspiration. Starbucks is well known for marketing to young adults by showing off its Frappuccino lines on social media. And Starbucks points out that its swirly pink and blue model has already finished its limited run, which played out in April.

But Montauk Juice Factory wants compensation and an apology, claiming that Starbucks took an unfair competitive advantage. It insists that the social media buzz for unicorn-themed cafe drinks was its own handiwork — and Starbucks pounced on it.

While the two companies face off over their rights to their pink and blue concoctions, they’re certainly not the only food and drink industry players to seize upon the popularity of unicorns. Indeed, Bangkok is home to the Unicorn Cafe, which attracts international swoons with its all-things-unicorn theme.

In any case, Starbucks likely regards the whole trademark argument as a tempest in a teacup. It’s now selling Dragon Frappuccino.

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Lawsuit against Officials Who Oppose Controversial Law on Sanctuary Cities

Posted by David Brown 
· May 4, 2017 

he Texas attorney general made an announcement that the state intended to sue all local officials who oppose the ban on sanctuary cities. This is a law that intends to punish sheriffs and police chiefs who do not cooperate with federal immigration agents. The law requires that law enforcement agencies find out the immigration status during routine stops.
 
Officers who do not comply with the requirements will face possible fines and jail time. Those who oppose the law have said that it is unconstitutional, with various advocacy groups making the promise to challenge the law. Other parties have expressed fears that police officers may take advantage to engage in racial profiling.
 
Some of those mentioned in the lawsuit openly refused to comply with federal orders that they detain people based on their immigration status. Others have gone to court to seek legal interpretation of the role of local police in keeping communities safe. They have claimed that a legal process is better placed to resolve the issue as compared to a political one.
 
A good number of local officials have made their position clear, claiming that the law is not in the best interest of public said. One official said that although he was opposed to the law, he had always followed the law and would do the same with this particular one.
 
The lawsuit by the state seeks to have a District Court declare that the law is not in violation of the right to protection against unreasonable searches and seizures or the right to equal protection. It also wants the court to rule that federal law does not preempt the law.
 
With some politicians arguing that state authorities have the duty to hold undocumented immigrants and detain suspected criminal aliens, officials have begun to revise the relevant policies.

 
Some police officers have also argued that this law would potentially discourage immigrants from interacting with law enforcement officers or reporting cases of crime. While Republicans are in support of the law, local sheriffs and police chiefs, as well as the Mexican government, have strongly expressed their opposition.

 
The new law requires law enforcement officers to establish the immigration status, even when they stop people for traffic offenses. Authorities who fail to comply with federal requests could be jailed for one year. Police departments in cities and counties could be fined up to $ 25,500 a day for violation of the same law. President Trump also threatened to strip federal funds to non-compliant cities, but a federal judge blocked this order in California.

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Toyota Announces 2016/17 Tacoma Pickup Truck Recall

Posted by David Brown 
· May 2, 2017 

Japanese automaker Toyota announced on Thursday it would be recalling 228,000 units of the 2016 and 2017 model-year Toyota Tacoma in the U.S. The recall applies to around 250,000 vehicles around the world. The pickup trucks are said to have a defect that could result in oil leakage, possibly increasing the crash risk. The Tacoma was recently redesigned, and the potential oil leakage could damage the rear differential. Toyota stated that the damage could “result in noise and reduced propulsion” and that there is the possibility the rear differential “could seize, resulting in a loss of control of the vehicle and increasing the risk of a crash.” Any safety defect that could result in the loss of control of a vehicle means the vehicle does not meet the standards of the National Highway Traffic Safety Administration (NHTSA), and a recall must be undertaken. Toyota spokesman Victor Vanov declined to comment as to whether the company had received complaints due to crashes or injuries resulting from the defect. Toyota will be checking vehicles for oil leakage in the rear differentials, replacing the carrier gaskets and fasteners as necessary. Even if leaking oil is not present, tightening of the fasteners will still be done in order to prevent damage. Toyota customers will be notified if the recall concerns them and if they eligible for free repairs starting mid-June. Affected truck owners are urged to bring in their vehicles into a dealer for inspection. Further information regarding recalls of Toyota, Scion, and Lexus vehicles can be found at Toyota.com/recall.

If your vehicle is recalled, you as the car owner are entitled to notification via mailed letter. This letter will provide you with important information about having your car repaired. Federal law mandates that consumers be entitled to recall remedies for free, without a lengthy wait time. For further information, the NHTSA provides consumers with a guide to vehicle defects and recalls, as well as a place to file complaints regarding safety defects in vehicles. Civil lawsuits can be filed against auto manufacturers in order to recoup damages from injuries that resulted from a crash due to a vehicle safety defect.

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Parents File $10 Million Lawsuit after the Death of Their Daughter

Posted by David Brown 
· April 27, 2017 

Almost six months after Jordin Taylor was found dead underneath a party bus, her parents have filed a multimillion dollar suit with the Hays County District Clerk. Jordin, a Texas State Student, met her death when she was dragged by a party bus after a fraternity party she had attended in Martindale. Her parents have filed the suit against the bus company, the multiple fraternities that had hosted events and a number of other entities involved in the event.

Freddie Joey Taylor filed the lawsuit on March 21, seeking $ 10 million in damages and compensation. The court documents allege that Skyline Party Bus Company, the management officer, Brandon Burleson, B&B Shuttles, the driver of the bus, Gabriela Wilson, SMTX Properties, VCD San Marcos River and four different national fraternities at Texas State University were negligent in their actions. The plaintiff claims that the death of his daughter was as a result of the said negligence.
Jordin Taylor was found on the morning of October 28, lying lifeless between the ground and the axle of a party bus. These events unfolded ate Cool River Ranch, a venue that had been used by Pi Kappa Alpha, Alpha Tau Omega, Kappa Alpha Order Epsilon Lota and Delta Tau Delta Zeta Delta to host events. These are some of the national fraternities at Texas State University. In the lawsuit, the plaintiff argues that Jordin was trapped underneath the bus after the vehicle had struck her during the party. It is a mechanic who found Jordin’s lifeless body the following day.

In the lawsuit, Mr. Taylor argues that the negligence of all the parties led to the failure to create a safe environment for the party. The lawsuit goes further to claim that the parties failed to ensure that there was enough security for a party whose attendance went beyond 2,000 people. According to the document, the venue had poor lighting, the organizers allowed underage drinking and that the reckless driving of the party bus driver amounted to negligence. All these actions put the safety of those entering and exiting the property at risk. In the lawsuit, the plaintiff demands that the case proceeds to a trial by a jury so that they can get fair compensation for the damages suffered.

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Class Action Suit Proposed Over Federal Student Aid

Posted by David Brown 
· April 25, 2017 

We can all agree that student loans can be expensive and unfair- on April 13, 2017, a group of students decided to do something about it. Students who were unhappy with the way their student loan payments were being handled filed a proposed class action lawsuit against three companies- Higher One Holdings, Inc., WEX Bank, and Customers Bancorp. Students believe that they were mislead and unfairly charged fees in conjunction with their student loans.

Shayla Edelman, the named plaintiff in the case, is claiming that these companies made unfair deals with higher education institutions. Edelman claims that these deals were beneficial to the loan companies and the colleges/ universities, but not so beneficial to the students taking out (and eventually repaying) the loans.

Basically, the complaint states that money that was awarded to students was often more than they needed, and those additional funds were difficult for students to access, even though the students should have had them easily accessible so that they could use them for books, room and board, and other typical college living expenses. Furthermore, the companies made it hard to get the money that the students were promised.

Some of the problems she mentioned included that students were required to use an ATM network that was difficult to access, and often were hit with high overdraft fees as a result, creating even more financial trouble for students who struggled to access the money they were promised in the first place. Students were also given debit cards that were branded with the logo of the school they attended, tricking students into believing they were in a financial relationship with a higher education institution that they trusted, instead of an unfair loan company.

The class action suit, if it moves forward, would benefit any students who had a Higher One account opened between December 20, 2013 and July 30, 2016 and were charged overdraft fees for using non-Higher One ATMS and engaging in transactions that required a PIN. Edelman is also seeking special restitution for Pennsylvania residents under Pennsylvania-specific laws.

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Wrongful Death Suit

Posted by David Brown 
· April 20, 2017 

The son of a man who died in the Uvalde bus crash has filed a lawsuit against the pickup driver he believes to have been responsible for the accident. The pickup driver, whom the plaintiff believes is liable for the death of his father, had told a witness that he had been texting using his phone when he hit the New Braunfels church bus. The collision between the two vehicles claimed a total of 13 lives.
The plaintiff, Ross Allen, is the son of one of the victims of the car accident, Howard B. Allen. Ross has filed a wrongful death suit against the pickup driver, Jack D. Young, as well as his father, Joseph B. Young. This is according to a copy of the lawsuit that was filed on Monday.

The collision, which occurred on March 29, killed 13 congregants of the New Braunfels church, all of whom were travelling in the church bus. The congregants had gone for a retreat in Uvalde and were on their way back when the crash happened. Of all the congregants in the church bus, only one survived the gruesome accident.
According to the Department of Public Safety in the state of Texas, no charges and citations have been issued in the crash. However, both the Department of Public Safety (DPS) and National Transport Safety Board are still conducting investigations on the crash.
In the lawsuit, Ross Allen alleges that Jack Young, the driver of the pickup, was intoxicated at the time of the crash. Through the lawsuit, Ross Allen goes further to state that the driver had taken marijuana as well as prescription medicine, drugs that impaired his sense of judgment. Jack Young would then drive the pickup on a public road, causing the crash which occurred on U.S 83.

In his arguments, Ross Allen claims that Young drove and operated the Chevrolet Truck while intoxicated, with his negligence leading to the crash that claimed 13 lives. He also alleges that Young’s father was negligent in allowing his son to use the truck, which he owned. For this reason, Ross has filed a claim seeking $ 1 million in damages and as compensation for lost companionship, lost wages and related expenses as a result of the death of his father.

 

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Consolidation of Defective Hip Implant Lawsuits

Posted by David Brown 
· April 18, 2017 

A number of lawsuits relating to Stryker hip implants are set to be consolidated. This means that a single judge at the Massachusetts federal court will handle all the cases over the next several weeks. The decision was reached after about three dozen cases of alleged defects to a prosthetic hip replacement device from Stryker were reviewed. The US Judicial Panel on Multi-District Litigation (JPML) agreed to transfer all the cases to US District Judge Indira Talwani, a judge in the District of Massachusetts.

What is multidistrict litigation?
When the federal court system identifies several similar cases that follow a particular line of argument, multidistrict litigation (MDL) can be used to consolidate the cases to a single judge in the pre-trial stage.
A good number of the pending implant cases against Stryker are complaints about corrosion of the device, commonly known as LFIT V40. According to the transfer order, such corrosion can result in serious health complications, necessitating surgery to remove and replace the device.

The defendant’s argument
Stryker, the manufacturer of the implant and the defendant in these cases, has argued against the consolidation of the cases. The defendant claims that there are only a few actions when it comes to the device. The JPML has disagreed with this argument, stating that the order reveals a total of 33 pending Stryker hip replacement cases in 17 different districts.
In 2016, Stryker had received an unexpected high number of complaints of taper lock failure in their devices. This forced the company to voluntarily recall some of the hip implant devices in August of the same year. Most of the complaints focused on specific sizes of the devices that had been manufactured before 2011. With the current consolidated cases, Stryker had requested that the MDL be renamed so that the name “Stryker” is replaced with “HOC.” The manufacturer had also requested that the lawsuits be limited to the recalled hip implant devices that had experienced taper lock failure. The JPML has since disagreed with this request.

Reasons for turning down the request
The reasons given for turning down the request are that the Stryker brand name had been used to market the device. Based on the transfer order, the JPML also declined to restrict the scope of the lawsuit to the recalled devices. This is because, rather than complaints about taper lock issues, most plaintiffs had complained about corrosion and metal debris problems. This means that even devices that had not been recalled will be included in the MDL.

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Club Negligence Causes the Drowning of a 4-Year-Old Girl in Downers Grove

Posted by David Brown 
· April 13, 2017 

Last Father’s Day saw the near drowning of a 4-year-old girl who was later pronounced dead while receiving treatment in a hospital. The girl had accompanied her parents to a private club in Downers Grove where the incident occurred. Anna Trent of Downers Grove has now filed a suit in DuPage County court against the club for the wrongful death of their daughter.

A closer scrutiny of this case reveals imminent negligence on the side of the club. Evidence points that before Anna was found floating in the deeper area of the pool, her parents had left her playing in the shallow part in the presence of lifeguards. This clearly reveals that the lifeguards did not monitor the swimming properly, which from a broader perspective indicates a lack of proper training.

Even after the drowning victim was recovered from the swimming pool, the lifeguards could not perform Cardiopulmonary resuscitation (CPR), and the child’s aunt and father had to do it in a bid to save their girl’s life.

The club also lacked proper resuscitation equipment at the pool, which might have contributed to her death. Anna’s demise comes at a time when the drowning death toll for younger children is on the rise.

Based on federal government statistics, submersion injuries remain the second-leading cause of unintentional deaths among children between the age of 1 to 14 years. Further evidence reveals that children between the age of 1 to 4 years are at the greatest risk of accidental drowning and injury-related deaths. For every four children who are rushed to the hospital for drowning-related emergencies, another one child dies from the submersion injuries.

Although the case against the club is still hanging in the balance and we cannot predict what the final ruling will be, there are several things we can dissect from this case. To begin with,swimming pool deaths and injuries are subject to both federal and county laws. If everything goes well, the suing party, Ann’s parents, may be entitled to the following types of damages:

  • Loss of enjoyment of life,
  • Loss of love and companionship,
  • Mental anguish,
  • Medical expenses encountered while Ann was hospitalized, and
  • Pain and suffering.

Everything will depend on how well the family’s attorney proves the negligence case against the Downers Grove club.

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