(360) 733-3773 Bellingham, WA

SHEPARD_ALLEN2

Archive for News – Page 79

iPhone 6 Touchscreen Problem Sparks Lawsuit

Posted by Jen Petersen 
· September 6, 2016 

The iPhone has had different problems in every generation, but the iPhone 6 seems to have had more than its fair share of that criticism due to its battery, charging site and overall functionality. Now, owners are suing the company because they say that the design of the iPhone has a defect that causes them to become unusable.

Plaintiffs Claim Apple Was Aware

The class-action lawsuit was brought upon by people from across the US (California, Delaware and Pennsylvania), and alleges that Apple did know about the problem, but decided to do nothing about it. The progression of the issue is such that users will get a grey bar at the top of their screen, and then shortly after the screen will cease to respond to touch. The iPhone 5 had a type of shield on the screen that was meant to protect this from happening to people, but plaintiffs state Apple chose not to include this on their latest versions.

Consumer Protection Laws

Those who filed the lawsuit state the phones cannot do what they were designed to do, based on the fact that the touchscreen is the heart and soul of the operation. It also poses safety issues should a screen malfunction in the middle of an emergency. They did not state exactly what they wanted in damages, but they are claiming that Apple committed fraud and filing under the California consumer protection laws. So far Apple has not responded on record. iFixit, a company that sells repair parts for Apple iPhones and laptops, has already run an article on this problem. This company has analyzed Apple products from an objective light in the past, noting what they do well and how they can improve. They’ve nicknamed this problem with the iPhone 6 Touch Disease.

A Formidable Opponent

Apple is known for being extremely tight with the amount of money they give out, but it’s unclear if this lawsuit will be worth it to them to fight. The company has already made $108.5 billion dollars just this year alone. It seems unlikely that they will admit they made a mistake based on their continued sales of this iPhone, if only do discourage people from bringing about similar lawsuits.

 

Categories : News
Tags : ,

Skyslide’s Operators Not Responsible for Broken Ankle or Lack of Sex, According to Ruling

Posted by Jen Petersen 
· September 1, 2016 

It didn’t take long before L.A.’s latest attraction claimed its first injury, but according to a recently rejected lawsuit, the operators and managers of the U.S. Bank building’s Skyslide may be off the hook for now. According to recently filed legal papers, the Los Angeles Superior Court threw out a lawsuit against the Skyslide’s operator, Legends Hospitality LLC. and the building’s landlord, OUE Skyspace LLC., for damages stemming from a broken ankle, among other injuries.

Gayle Yashar, 57, filed suit against both companies on July 13. According to the lawsuit, Yashar suffered a broken ankle while riding the Skyslide on July 3, just eight days after the attraction opened to the public. The 1-1/4 inch slide, suspended nearly 1,000 feet above downtown Los Angeles, is designed to take riders from the 70th floor of the U.S. Bank to the 69th floor. There are also a set of stacked mats at the end of the slide to help cushion riders as they exit the slide.
Skyslide-plaintiff-quote
In the lawsuit, Yashar alleged that not only did the owners fail to warn riders of the risks involved, but that the stacked mats created a gap that was capable of trapping riders’ feet, increasing their risk of serious injury. According to Yashar, this risk was well beyond what unsuspecting riders would assume.

However, a broken ankle wasn’t the only injury included in the lawsuit. Yashar’s husband and co-plaintiff, Morty Yashar, also alleges a “loss of consortium” due to the incident. According to the Cornell University Law School’s Legal Information Institute, this means “deprivation of the benefits of a family relationship, including affection and,” in Morty Yashar’s case, “sexual relations.”

Unfortunately, for the Yashars, there were several reasons the courts found in favor of the defendants. For starters, the defense stated that neither OUE Skyspace nor Legends Hospitality had control of the area where Yashar suffered her injuries and that both were unaware of any dangerous conditions, leaving them with no time to correct the problem before the accident occurred.

The defense also pointed out that Yashar released both OUE Skyspace and Legends Hospitality from any liability for injury prior to getting on the ride. As for the “loss of consortium” claim, the defense argued that they were unaware of the plaintiff’s “peculiar susceptibility” to emotional distress.

Photo Credit: hiconsumption.com

Categories : News
Tags : ,

Birth Defects Research Center Sues to Keep Employee Names Private

Posted by Jen Petersen 
· August 30, 2016 

Employees at the University of Washington’s Birth Defects Research Center filed a federal class-action lawsuit to prevent release of their names. The employees fear harassment and violence from anti-abortion activists because the Center uses fetal tissue in its research.

The Center’s workers seek an injunction to prevent the sharing of their names with an anti-abortion group, Center for Medical Progress, that filed a public disclosure request. The PDR also covers home addresses and home phone numbers of the employees. According to the lawsuit, the plaintiffs would willingly release laboratory documents and invoices, but with employee names removed.

After the release last summer of edited videos purportedly of Planned Parenthood representatives selling fetal tissue, the Center’s workers concern for their safety increased. Since 1964, the federally funded Center has collected and distributed donated fetal tissues for research conducted by academic and non-profit research facilities. Its tissue collection includes donations from miscarriages, stillbirths and abortions. Some of its tissue donations come from a Washington state Planned Parenthood clinic.

According to the Seattle Times, during 2014, the Center collected 596 fetal samples from two local hospitals and seven clinics. These were donations by consent of the women who had carried the fetuses. Of the 3,000 abortions performed at the Washington state Planned Parenthood clinic that donates to the Center, 20 women donated tissue. The Center does not purchase or sell tissue. In 2014, it distributed 1,109 fetal tissues to more than 60 researchers. Its funding, $700,000 per year, comes from the National Institutes of Health.

The plaintiffs number about 150, including employees of the Center, and its affiliates, Evergreen Hospital Medical Center, Planned Parenthood of Greater Washington and Idaho, the Planned Parenthood Federation of America, and the Cedar River Clinics. The lawsuit cites prior violent actions by abortion activists as reason to withhold the employees’ personally identifiable information. It specifically cites the November 2015 Colorado Springs shooting at a Planned Parenthood office that resulted in three deaths and wounded nine as an example.

The lawsuit names as defendants the University of Washington, and David Daleiden and Zachary Freeman of the Family Policy Institute of Washington. U.S. District Judge James Robart serves as presiding judge, but has not yet scheduled a hearing.

Categories : News
Tags : ,

Jury Sends Message to Healthcare Industry with $16 Million Award

Posted by Jen Petersen 
· August 25, 2016 

After a two-week trial, held before Jefferson County Circuit Judge Joseph Boohaker, and ten hours of deliberation, a Jefferson County jury awarded the Malatesta family $16 million in a medical negligence and reckless fraud lawsuit against Brookwood Women’s Medical Center and its parent company, Tenet Healthcare Corporation.

The jury awarded Caroline Malatesta $10 million in compensatory damages for the pudendal neuralgia nerve injury she suffered during childbirth. Her husband was awarded $1 million for loss of consortium.  The award included $5 million in punitive damages for medical negligence and reckless fraud linked to the hospital’s 2012 natural birth advertising campaign.

In 2011, Caroline Malatesta, pregnant with her fourth child, became interested in natural childbirth after seeing a television ad.  According to the lawsuit, the marketing campaign, including the ad in question, was not reviewed by medical staff and did not undergo an internal fraud review process before being aired.

Caroline and J.T. Malatesta were represented by Birmingham attorneys David Marsh and Rip Andrews.  In response to the verdict, Marsh said that “While the verdict is large, it is consistent with the costs and future costs for Mrs. Malatesta’s care and treatment for chronic debilitating pelvic pain caused by the birthing procedure.”

According to a blog post on the law firm’s website, “The Brookwood ads emphasized a mother’s choice, individual birthing plans, freedom of movement and even mentioned water births. Caroline met with her newly chosen doctor at Brookwood and asked lots of questions before finally committing to a delivery at Brookwood…Caroline had no freedom of movement; instead, she was restrained, sometimes forcibly”.

While the baby was not injured during the delivery, according to attorney Rip Andrews, the jury concluded that her permanent nerve injury was a direct result of the actions of medical staff to delay delivery for 6 minutes until her doctor arrived.  In response to the verdict, he said “I’ve never seen a jury more committed to doing the right thing.”

If the verdict stands after post-trial review by the judge, the hospital could file an appeal with the Alabama Supreme Court. The lawsuit, filed in 2014, was one of several filed in recent years against Tenet, which has also been under federal investigation for charges of healthcare fraud.

Categories : News
Tags : ,

Property Owners Sue Pokémon Go Players in Federal Court

Posted by Jen Petersen 
· August 23, 2016 

A lawsuit against Niantic Inc. and Nintendo Co., the makers of  “Pokémon Go,” was filed in federal court on Friday in California. In an effort to keep “Pokemon Go” players away from his property, Jeffrey Marder, a California resident from West Orange, New Jersey, claims that users of the smartphone app known as Pokémon Go have been loitering on his property since the release of the game in July 2016. According to the suit, at least five people, whom he identified as complete strangers, have knocked on the front door of his private residence requesting access to the backyard of his home to catch a Pokémon placed there virtually by the game. The defendants “have shown a flagrant disregard for the foreseeable consequences of populating the real world with virtual Pokémon without seeking the permission of property owners.”  The suit is currently seeking class action status to include others with Pokemon “stops” and “gyms” located on their private property.

Pokestops-safty-concern-child-care-center-quoteDesignated locations within the game called “Pokestops,” require that players visit each of one the sites to receive rewards, and it appears that even more sensitive locations, such as the U.S. Holocaust Memorial Museum haven’t been spared the intrusion. Holocaust Memorial spokesman Andrew Hollinger said that the museum has been subsequently removed from the game per its wishes. Hiroshima Peace Memorial Park in Japan, as well as the Arlington National Cemetery in Washington, D.C., have also requested removal from the “Pokémon Go” location maps.

“Pokestops” became a serious safety concern when a large number of strangers were sighted walking about the grounds and parking lot of the Little Blessings Child Care Center. The Portsmouth Herald reported that daycare director Diane Lewis sent letters to parents and its two dozen employees alerting them of the potential danger. The daycare has since taken action to be removed from the game. Another complaint to the “Pokemon Go” company came from a daycare center in New Hampshire and was reportedly removed from the game after repeated incidences of strangers lurking about the property.

Spokespersons for Niantic Inc. and Nintendo Co. were not immediately available for comment. However, Pokémon Company Marketing director J.C. Smith stated in an interview this week that updates are currently being made to the game.

Categories : News
Tags : ,

Lawsuit Claims Arizona Denies Medicaid Benefits to Eligible Immigrants

Posted by Jen Petersen 
· August 18, 2016 

A recently filed lawsuit alleges that the State of Arizona denies Medicaid benefits to immigrants that are eligible for the Medicaid benefits that Arizona denies them. The lawsuit, filed on behalf of eligible immigrants who claim that they suffered denial of full Medicaid benefits, alleges that eligible immigrants also received a downgraded status.

In 2012, the office of Arizona Governor Jan Brewer reacted to a federal ruling that determined “Arizona must deny ‘dreamers’ Medicaid.” AzCentral reported that the ruling addressed “Illegal immigrants who receive temporary reprieves from deportation.” The ruling did not seek to deny Medicaid to legal immigrants who met requirements for Medicaid benefits.

Dulce Matuz, who came to the U.S. as a teen said at the time, “What Governor Brewer is trying to do is attack defenseless young children and youth just to gain some political points.”

The most recent action taken by Arizona resulted in the lawsuit. The lawsuit, filed by the William E. Morris Institute for Justice and the National Health Law Program alleges that thousands of eligible immigrants lost their eligibility and received downgraded status making them eligible for emergency-only Medicaid benefits. The suit also claims that the Arizona Health Care Cost Containment System (AHCCCS) admitted to errors discovered in October 2015, yet downgraded immigrants again, denying eligible immigrants the same full Medicaid benefits that other eligible recipients receive. The lawsuit also claims that Centers-for-Medicare-Medicaid-Services-quotethe immigrants did not receive proper notification regarding why the AHCCCS denied their renewal of Medicaid benefits.

The Centers for Medicare & Medicaid Services states, “Immigrants who are ‘qualified non-citizens’ are generally eligible for coverage through Medicaid and the Children’s Health Insurance Program (CHIP), if they meet their state’s income and residency rules.” However, Centers for Medicare & Medicaid Services also explains, “Refugees, asylees, or LPRs who used to be refugees or asylees don’t have to wait 5 years.”

The Albuquerque Journal published information from the Associated Press, which states that the deputy director of the AHCCS said she could not comment on the pending litigation.

The primary plaintiffs of the lawsuit, filed in U.S. District Court, are Aita Darjee, originally from Nepal and Alma Sanchez Haro. The lawsuit seeks class-action status.

 

 

 

 

 

Categories : News
Tags :

Cosby Drops Breach Of Contract Lawsuit Against Accuser

Posted by Jen Petersen 
· August 16, 2016 

Longtime comedian and actor, Bill Cosby has dropped the lawsuit filed back in February of this year against Andrea Constand.  The lawsuit stated that Andrea Constand breached the terms of an agreement made back in 2006. Constand and her lawyer Dolores Troiani willingly cooperated with the Montgomery County district attorney’s criminal investigation into sexual assault allegation against Cosby in 2004.  The agreement “expressly prohibited such cooperation, according to Cosby’s lawsuit.” He denies all charges.

The lawsuit was pursued to recover the money he gave in a confidential financial agreement to Constand. The dismissal was filled July 28th   in U.S. District Court for the Eastern District of Pennsylvania. Cosby’s lawyer said in a statement that he has “stepped away from that suit and will instead focus his efforts on defending himself against the claims that have been lodged against him.”

Cosby also included Constand’s second lawyer, Bebe H. Kivitz and Constand’s mother in the lawsuit.  He claimed that they also broke that confidentiality agreement.  A ruling made this month said that Cosby could not sue them based on the charges that they had cooperated with law enforcement in connection with Constand’s criminal accusations against him.

Cosby faces a trial with three counts of felony aggravated indecent assault from the 2004 case concerning Constand, who is an employee at Temple University, Cosby’s Alma mater. Troiani said “The dismissal of the lawsuit was a win for Constand and her mother, Gianna Constand and it is a victory for all of the victims.”

Additionally, Cosby’s lawsuit also involved American Media Inc. (owner of the National Enquirer) The comedian claimed American Media Inc. continued to publish several stories about Constand’s claims regarding Cosby, even though there were clear requirements in the agreement to not publish any stories relating to certain allegations made.

Cosby also claimed of another violation when Constand gave an interview to the National Enquirer. Vice president and chief content officer at American Media Inc., Dylan Howard, said “We were always confident that AMI had not breached any agreement with Mr. Cosby, and we are pleased that he has decided not to pursue the litigation further.”

Costand’s claims are the first to result in charges being filed, out of over 50 women who have accused Cosby of sexual misconduct.

Categories : News
Tags : ,

The New York MTA Will Sue City for East Harlem Fire That Wreaked Havoc for Metro-North Commuters

Posted by Jen Petersen 
· August 4, 2016 

A neighborhood plant nursery, a place to pick up soil for windowsill herb gardens or some potted plants to give as a housewarming gift, hardly seems the sort of place likely to house the materials capable of creating an explosive situation, but on May 17, the Urban Garden Center in East Harlem turned out to be combustible. Workers mistakenly poured gasoline onto a generator, causing the lot, which the garden center used to store materials that included flammable fertilizer and wood pallets, to be quickly engulfed in flames. The four alarm fire occurred directly underneath Metro-North train tracks, severely disrupting service to three lines: the Hudson, Harlem and New Haven, all of which run out of Grand Central Station to points north.

MTA-fire-lawsuit-NY-quoteWhile no one was injured, the fire left between 30,000-40,000 commuters stranded in Grand Central on that Tuesday evening, as the MTA worked through the night to try and make enough repairs to allow for limited service for the morning commute on the following Wednesday. In the end, serious structural damage led to major delays and disruptions for a few days for the tens of thousands of people who use those lines during each weekday commute. Now, the MTA has warned that they will file a lawsuit against the city of New York.

Last Wednesday they filed a notice of claim, stating that the fire was due to the city’s “carelessness, negligence and recklessness” in allowing the storage of flammable and explosive substances underneath the elevated railroad tracks. Soon after the accident, Urban Garden Center, was served with four summonses for its storage of gas and propane and an illegal generator. They have since renegotiated their lease and remain open on the same land, which is owned by the Economic Development Corporation of the city, which has also been specifically named in the suit. While the MTA has not commented on the exact amount of damages it will seek in its suit, it has said that it is looking to recoup the lost income from the period of time when the trains were not running, or running at diminished capacity, as well as the cost of repairs to the tracks from the fire.

Both David Mayer, the MTA’s chief safety officer, and a spokesman for the mayor’s office have both stated that in the wake of the fire, an office has been set up to monitor and regulate safety measures regarding the property underneath the train tracks.

Categories : News
Tags : , ,

UNC School Of The Arts To Allow Graduate Student To Return After Legal Settlement

Posted by Jen Petersen 
· August 2, 2016 

The idea of giving special treatment to people with disabilities is somewhat controversial. The UNC School of the Arts has had to deal with this issue over the past two years while dealing with a lawsuit from Erin Dickinson, a former graduate student.

Dickinson, a Pennsylvania native, believes that the institution has discriminated against her due to her medical conditions. She suffers from poly-cystic ovary syndrome and migraine headaches, both of which conditions caused her a great deal of debilitating suffering while she attended the school and led to her missing classes. She alleged that the instructors and administration of the school discriminated against her by penalizing her for those absences. In her 26-page complaint, she said that the school played a role in a sequence of actions that led to her expulsion in 2011. The lawsuit was initially filed in the Forsyth Superior Court, but it was moved to the US District Court, as Dickinson claimed that the institution had violated her rights according to the federal American with Disabilities and Rehabilitation acts.

Dickinson had requested that a federal court order that the school clear her academic record and award her a master’s degree or set fair terms for her to complete one at this point.

UNC-teacher-Colavecchia-quoteOne of the defendants, Franco Colavecchia, is a now-retired set design teacher who gave Dickinson an incomplete grade in the spring of 2009. The registrar’s office changed his grade to an F in 2010 because she had not completed the requirements for that course within the academic year. The university has agreed now not to calculate this grade as a part of her GPA. Colavecchia does not agree with the outcome of this lawsuit and believes that the school is not abiding by its own rules. He stated during a telephone interview, “She failed — end of story.”

Dickinson can be readmitted to the school this fall to finish her master’s degree in fine arts and will not be required to live in Winston-Salem while pursuing this degree. The school has also agreed to give her $5,000 in scholarship funds for her thesis and to pay $35,000 of her attorney fees. However, other monetary damages are not included in this settlement.

Dickinson agreed on the settlement on June 24, which was 17 days before the trial was supposed to start in US District Court.

Categories : News
Tags : , , ,

Texas Bends to Pressure from Immigrants to Grant Birth Certificates

Posted by Jen Petersen 
· July 28, 2016 

Though many people take for granted that anyone born on United States soil is legally entitled to a birth certificate, this is not always the case. The 14th Amendment to the Constitution guarantees citizenship to anyone born in the country, but Texas has made it very difficult for undocumented immigrants to obtain birth certificates for their children born in the US.

In 2015, a large number of Mexican and Central American individuals sued the state of Texas for denying their children birth certificates. Texas officials responded by agreeing to make a longer list of documents acceptable for presentation when trying to obtain birth certificates.

As a result of not being able to obtain birth certificates, many of these children were denied medical services that they needed, and other families had difficulties registering for Section 8 Housing and Head Start.

Previously, parents who did not have forms of identification issued in the US had been denied birth certificates. However, the list of documents that qualify for these purposes has now been significantly expanded. Parents must present a form of secondary identification, such as national identification or a voter registration card from their home country, and two supporting documents. Acceptable supporting documents now include school transcripts, library cards, cell phone bill, auto insurance cards, leases, and recent utility bills, among many others.

However, registrars in Texas will still not be accepting matriculas, or consular identification cards that are often issued to foreign nationals, though many other states do accept them.

This new agreement, while not altering the state policies, makes it much easier for parents to obtain birth certificates for their US born children.

Opinions of this change in procedure are mixed. This is happening at a time when many conservatives, including Donald Trump, are expressing consternation over the number of individuals who are entering the country illegally. Jon Feere, legal policy analyst at the Center for Immigration Studies in Washington, States, “This is yet another example of how our institutions are being asked to accommodate foreigners who think they are above the law. This entire issue could be avoided if people entered our country lawfully.”

However, many support the recent legal changes. Juan Hinojosa, State Senator, believes that they represent “a step in the right direction.”

Categories : News
Tags :
« Previous Page
Next Page »

Bellingham Office:

2011 Young Street
Suite 202
Bellingham, WA  98225
(360) 733-3773 or 647-4567
(360) 647-9060 (facsimile)
info@saalawoffice.com

shepard_allen