Archive for News – Page 79

Congress Paves the Way For Americans to Sue Foreign Governments

On September 28th, 2016, the House of Representatives overrode President Obama’s veto of a bill that allows people to sue foreign governments accused of directly aiding terrorists who commit acts on American soil. The House vote followed an override by the Senate, marking the first time Congress overrode an Obama veto.

What Does This New Law Mean?

The Justice Against Sponsors of Terrorism Act, or JASTA, opens the door to Americans suing other countries for damages caused by terrorism. It does not limit which countries can be sued, but the immediate impact is thought to be felt by families of 9/11 victims suing Saudi Arabia. The legal waters get murky when it comes to how these cases get through the justice system. JASTA lets the Secretary of State put cases on indefinite hold, so in theory any number of cases might never get off the ground. The bill also contains no provision for how money will be secured if a judge rules in the plaintiff’s favor and awards damages against a foreign nation.

president-obama-jasta-quoteArguments For JASTA

Lawmakers who participated in the override of the president’s veto say they are working on behalf of victims, who they believe should have the right to find justice after acts of terrorism. These members of Congress see diplomatic problems that may arise from the bill as the responsibility of the executive branch, while their own job is to pass laws based on what the people want.

Arguments Against JASTA

President Obama and several advisors argued that the law represents a diplomatic nightmare that hurts our relationships with countries such as Saudi Arabia, which long claimed to have no part in the 9/11 attacks. Secretary of Defense Ash Carter also warned Congress that JASTA opens the door to other countries passing reciprocal bills that leave the United States open to lawsuits.

The Future of JASTA

Several members of Congress have already expressed a desire to narrow the law, for example by limiting it to just the acts committed on 9/11. Others are taking a wait and see attitude, and would consider changes should we see negative consequences from JASTA.

 

 

Lawsuit Alleges Chicken Producers Colluded to Raise Prices

According to a recent piece published in the Denver Post, a group of food distribution companies is filing an anti-trust suit against a number of chicken producers alleging collusion to drive up prices. Some of the actions that have been alleged include slaughtering chickens before they were grown enough to be sold, selling or breaking eggs before they could hatch, and even buying one another’s product. The chicken producers, which include such companies such as Pilgrim’s Pride and Tyson, have even been accused of keeping their breeding stock low to limit supplies and therefore keep prices inflated for the foreseeable future.

The alleged collusion may have exacted a 50 percent premium in chicken prices at the grocery store. As the Huffington Post reported in 2014, chicken has become more popular than beef in the United States, due to higher beef prices and health-conscious consumers, so many were affected,

maplevale-farms-quoteThe chicken producers deny any collusion. National Chicken Council President Mike Brown suggested in an October 2014 article that the underlying reason for higher chicken prices has been an increase in the price of feed caused by the diversion of corn to produce ethanol. An article in the Financial Times reports that the price of corn spiked in both 2008 and 2012, ascribed to drought effects, but corn had declined in price so that it is currently at levels last seen before the ethanol mandate was enacted in 2007.

The litigants, led by New York food distributor Maplevale Farms, believe that they have connected the dots to indicate price collusion in the chicken-producing industry. Lawyers for the plaintiffs believe that they can show communication between various chicken producers that led to cutbacks in production throughout the sector in 2007 and 2008, leading to price spikes starting in 2009.

However, prices began to fall again in 2010 and 2011. The suit alleges that the chicken producers colluded again, even going so far as selling eggs to Mexico rather than building up stock. Currently, with the avian flu export ban lifted and feed prices declining, profit margins are rising for chicken producers.

Now the task for the litigants is to prove collusion by inference, which may be easier said than done.

 

Sexting Case has Huge Implications for Iowa Teen

Everyone would agree that spreading child pornography or exploiting minors is wrong, morally and legally. It is likely that most of us would vehemently and aggressively seek to punish those who participate in such activities. But what if the victim was actually the perpetrator? That one probably has you scratching your head. Consider the case of an Iowa teenager who used the mobile app Snapchat to send semi-nude photos of herself to a friend. The high school freshman posed in front of a mirror, snapped a few photos of herself and forwarded them to a friend. Little did she realize that she was breaking an Iowa law.

teen-snapchat-lawsuit-quoteIowa law stipulates that anyone who spreads obscene materials to minors has committed a crime known as sexual exploitation. Although in this case, and others like it in Iowa, the minor shared the photos, it is still considered to be either a Class C or Class D felony offense. The teenaged girl and her family assert that this is perhaps bad judgment but certainly not criminal. They have filed a lawsuit to prevent the Marion County Attorney from charging the girl with sexual exploitation.

The Journal of American Academy of Psychiatry and the Law Online cites research that 4-25 percent of minors 12-17 have admitted sending or sharing nude photos. A 2013 study of 378 prosecutors found that 62 percent had worked juvenile sexting cases; 36 percent had filled charges; and 21 percent had filed felony charges. The most serious charges included production of child pornography. 20 states have passed sexting laws as of July 2015.

The implications of this case for the teen are far reaching. County Attorney Ed Bull has stated that if found guilty, the girl may have to register as a sex offender. The American Civil Liberties Union of Iowa has weighed in on First Amendment protection since the images shared by the teenager are not nude photos. The girl is wearing boy shorts and a sports bra in one picture, and topless in the other. Her hair is covering her breasts in the second photo. Lawyers for the family argue that her First Amendment rights will be violated if the prosecutor moves forward with criminal charges.

Teenagers are receiving cell phones in increasing numbers. If the research holds true, 4-25 percent of the nation’s minors could become registered sex offenders before they are old enough to vote. While most states’ attorneys agrees that sexual exploitation laws were not intentionally created to apply to youth, the legal implications for the teen in this case remain to be seen.

 

 

$100 Million in Fines Sought From Exxon by Conservation Group Lawsuit

With so much recent attention on global warming, pollution in the water supply, and other environmental threats in the United States, conservationists and environmental groups are taking a bigger stand against major energy giants. One of the more recent actions taken is by the Boston-based Conservation Law Foundation (CLF), which is pressing for $100 million or more in civil penalties against ExxonMobil by using the guidelines set forth by the federal Clean Water Act. On September 29th, the group filed a massive lawsuit in district court, claiming Exxon is responsible for decades of contaminating pollution of Mystic River. The lawsuit filed also claims ExxonMobil blatantly disregarded the predicted threats of climate change, even though some of their own scientists researched enough to connect the dots between carbon dioxide emissions, fossil fuels, and climate change.

The lawsuit points out one of Exxon’s own terminals in an area prone to sea-level rise.

Even one of ExxonMobil’s own terminals, Everett Terminal in Massachusetts, is located in an area where storm surge and rising sea level due to climate change is a major threat, according to some of the claims in the lawsuit documentation. This specific terminal is responsible for the storage and transportation of diesel, gasoline, and even oil. If the terminal is damaged by rising sea water, and even bigger pollution issue could come into play with the Mystic River and its conjoining tributaries. CLF has claimed flood maps show this terminal could be at risk with even moderate rainfall amounts. Yet, Exxon has refused to relocate or re-engineer the facility to protect against such an impending threat.

Exxon is rebutting the claims in the lawsuit through media statements.

exxon-argument-quoteExxon is claiming they will fight these claims in the lawsuit and the company spokesperson, Todd Spitler even goes as far as saying the suit is merely an attempt to draw attention to a political agenda. Their primary argument comes along with a rebuttal based on the premise that the lawsuit suggests Exxon had knowledge about climate science at an advanced level even when this research was only in its infant stages. Exxon is also suggesting discredibility of the lawsuit because of the fact that Exxon has a prior history of working with the UN Intergovernmental Panel on Climate Change and the Department of Energy in support of research into the matter.

Lax Treadmill Safety Standards Exposed in Brain Injury Lawsuit

The Department of Health and Human Services recommends 30 minutes of physical activity every day. Doctors encourage exercise so enthusiastically because exercise improves mental, physical, and emotional health. Exercise is the key to a healthy, happier life, but what happens when exercise is the cause of pain or injury? In fact, USA Today reported that nearly 460,000 people suffered injuries from exercise equipment. In January 2011, Etelvina Jimenez experienced a traumatic brain injury while operating a treadmill. Her lawsuit against 24 Hour Fitness is igniting a national discussion about the safety of gym equipment – particularly treadmills – and the responsibility of gyms to reduce risk of injury to gym patrons.

Types of equipment-related injuries

  • Overuse
  • User error
  • Mechanical malfunction
  • Improper equipment spacing

Treadmill risks

Treadmills pose a particular risk because the machine moves whether or not the user is moving. For instance, consider an upright bike or an elliptical: as soon as the user stops moving, the machine slows and stops. Treadmill belts, however, run continuously until the user pushes the “stop” button or activates the emergency stop.

Etelvina Jimenez’s injury highlights the particular problem of treadmills. Brain scans revealed that Jimenez fainted (medically, she experienced a syncope) and fell backwards. Fainting and falling while using a treadmill is dangerous by itself, but Jimenez was thrown backwards and hit her head on the base of a leg machine, which was 3 feet and 10 inches behind her treadmill. The fall caused multiple fractures in her skull and required multiple surgeries.

Jimenez’s lawsuit highlights treadmill dangers

The most common treadmill-related injuries are pinched fingers or burned skin from a fall. However, more serious injuries occur with inadequate equipment spacing. If a treadmill is close to a back wall, a gym patron is potentially at risk for falling and becoming pinned between the wall and the rotating belt. ASTM International recommends a clearance of 6.5 feet behind each treadmill for this very reason. The spacing behind Jimenez’s treadmill was nowhere near the recommended 6.5 feet gap. However, there is no agency that conducts safety checks or enforces the recommend clearance. The closest thing to a safety check is the fire department which ensures that no fire exits are blocked.

If safety concerns can be addressed properly, perhaps injuries like Jimenez’s will become a thing of the past.

 

 

Class Action Suit Against Judge Allegedly Bankrolled by State Farm Approved

Class Action Lawsuit Can Be Brought Against State Farm

The lawsuit brought by a group of State Farm auto insurace customers was approved by a federal judge on September 16th. These plaintiffs allege that the company funded the campaign of an Illinois Supreme Court judge in return for the judge’s vote overturning a $1 billion settlement. The company also allegedly lied about the issue when previously questioned about it by consumers.

The judge in question, Lloyd Karmeier, ran for office in 2004. State Farm allegedly funded his campaign so that he could vote in their favor in their appeal of a $1 billion dollar settlement relating to State Farm’s use of generic auto parts when paying for the insured’s car repairs. These generic auto parts were successfully argued to be inferior to factory auto parts.

The Original Case

State Farm has been fighting these allegations for some time, and the approval of the class action lawsuit is the biggest blow so far to their efforts. The original case reached its $1 billion dollar verdict in 1999, it and its related cases have frequently been in the news for the last 17 years. It is one of the largest class action settlements in legal history.

The State Farm customers won a total judgment of $1.186 billion dollars for State Farm’s use of low-quality generic car parts in 1999, as previously mentioned. An appeal ruling reduced the amount of the settlement to $1.01 billion dollars.

Another appeal, in which Karmeier was involved, took place in 2005 and threw out the settlement entirely. This decisions was immediately contensious, and became even more so when State Farm was found to have backed Karmeier.

State Farm’s Response

A State Farm spokesperson said that the company plans to appeal the ruling allowing the class action suit. Their argument is that the plaintiffs have made these allegations for many years, and should not be allowed to do so any longer.

Justice Karmeier’s Response

Karmeier is not a co-defendant with State Farm. He is, unsurprisingly, the Illinois Chief Justice. While he is not in danger of paying a huge settlement, this suit could do great damage to his career if the allegations are found to be true. Karmeier did not return requests for comment.

Both Driver and Night Club Found Liable After a Night of Heavy Drinking

Driving after a night of heavy drinking can be just as dangerous as driving home from the bar itself–a fact that was tragically highlighted by a recent accident in which a drunk driver caused a head-on collision the morning after a night of drinking that left the other car’s driver with a traumatic brain injury. Moreover, the legal liability for accidents such as these does not rest only with the drunk driver himself; bars and restaurants who serve such drivers open themselves up to lawsuits from accident victims, even if the accident did not occur on the driver’s way home.

Following the above-mentioned accident, the victim sued not only the driver himself but also the night club that had served the driver alcohol the night before. After the drunk driver failed to respond to the lawsuit, the court found in the victim’s favor in a default proof hearing. The court then determined the extent of the victim’s damages in a May 3, 2016 hearing. On August 3, the court entered a judgment against the drunk driver for $975,000, which was brought to $1.022 million with pre-judgement interest included.

dram-shop-lawsHowever, what is particularly notable about this case is that the accident victim settled her claim for $725,000 against the night club that had served the drunk driver. Many states have what are known as “dram shop laws”, which enable the victims of drunk drivers to sue the bar or restaurant that served the driver alcohol. Bartenders and alcohol vendors are typically held to the “obvious intoxication” standard; under this standard, an alcohol vendor can be found responsible for any damages caused by their patrons if they continue to serve alcohol past the point that they either knew or should have known that the customer was intoxicated to a degree that posed a threat to the customer himself or others on the road.

This case is unique because the night club settled with the victim even though the accident occurred many hours after the drunk driver left the establishment, potentially indicating a trend towards interpreting an alcohol vendor’s responsibility even more broadly.

 

Lawsuit Filed Against Chicago Cop Who Allegedly Beat Mentally Disabled Teen

Recently, a lawsuit was filed against a veteran Chicago police officer who allegedly beat a mentally disabled teen. The lawsuit accuses the police officer of sticking a gun in the teen’s mouth and then filing a fake police report to cover up the incident. Both the Cook County state’s attorney’s office and the Independent Police Review Authority are investigating the incident, which allegedly occurred in September 2015.

While heading home from school, Nathaniel Taylor crossed onto Jackson’s lawn. Jackson, the Chicago police officer and veteran of the force, became angry and beat the 18-year-old boy with his fists and stuck his revolver into the boy’s mouth. This attack caused a number richard-drovark-quoteof lacerations, according to the lawsuit.

Taylor, who possesses an IQ of 44, was sent to Mount Sinai Hospital for Treatment, and then arrested on charges of resisting arrest and assaulting a police officer. According to the lawsuit, Taylor experienced severe emotional trauma due to spending a week behind bars under electronic monitoring.

Richard Drovark, the attorney representing the legal guardian and aunt of Taylor, provided photographs that seem to depict Taylor’s blood splattered on the sidewalk outside Jackson’s home. There are also photographs of Taylor with a fat lip, a bloodied nose, and blood stains on his school uniform.

According to Dvorak, the severe mental impairment Taylor suffers makes Jackson’s actions even more traumatic and tragic. Dvorak said, “He’s not someone who should be subjected to this kind of treatement.” The attorney accuses Jackson of placing felony charges against Taylor to cover up his own actions.

In a police report, Jackson filed a police report claiming that Taylor had tried to enter his home at 1200 block of South Albany Avenue. Jackson claims he opened the door and informed Taylor that he was a police officer. The police officer claims that Taylor tried to run, but Jackson managed to catch him and a “struggle ensued.” Jackson accuses Taylor of trying to grab his gun, which is when the gun “made contact with the face and mouth area” of Taylor, allegedly.

In April, the aggravated battery charge against Taylor was dropped and Taylor pleaded guilty to a misdemeanor trespassing, according to court records.

 

4,000 Units Available to L.A. Residents with Disabilities Over Next Decade

In a landmark federal settlement, Los Angeles City Council officials agreed to spend $200 million over the next 10 years to ensure people with disabilities have access to apartments in public housing. A total of 4,000 units will become available to the disabled within the next decade via new construction and redesign of existing dwellings.

The ruling sends a message nationwide that accessible housing is needed for the disabled community. Los Angeles Mayor Eric Garcetti notes that the city stands for inclusiveness and access for all, and the settlement allows it to resolve a “long-standing legal issue with a predictable level of investment.” The settlement does not require the city to admit wrongdoing or concede violation of anti-discrimination statutes. The city must also pay $4.5 million to the nonprofits initiating the suit, as well as $1 million in court costs and up to $20 million in legal fees.

Under the terms of the settlement, Los Angeles must pay at least $20 million annually to ensure that 2,655 of the 4,000 units are wheelchair-accessible. The agreement also requires a larger percentage of affordable housing for the disabled than mandated under current law.

Officials are not certain how far short the city fell in providing housing for the disabled. That information will only come after an evaluation of every unit.

nonprofit-housing-organizations-quote-disabled-residentsIn 2012, three nonprofit housing organizations filed suit, alleging that the city flouted state and federal anti-discrimination laws regarding housing for the disabled. The suit claimed people with disabilities were shown supposedly accessible apartments with doorways too narrow for wheelchair accommodation and bathrooms and kitchens without sufficient space for wheelchair users. Under federal law, such apartments require features such as bathroom grab bars and lower counters in kitchens. In addition, the relatively few apartments designed for the disabled often had non-disabled residents residing in them. Although complaints were filed, the city and its redevelopment agency reportedly failed to take action.

City Administrative Officer Miguel Santana stated Los Angeles housing officials are taking steps to prevent such issues in the future. Because the settlement goes back into the community in terms of affordable housing units for the disabled, Santana says that Angelenos are “the biggest beneficiaries.”

Former College Football Players in Kentucky Join Concussion Class Action Lawsuits

Three more former college football players have joined an already ongoing collection of class-action lawsuits against the NCAA and their individual conferences this week, claiming that there exists within the organization a “reckless disregard for the health and safety” of its athletes. These allegations refer specifically to the organization’s failure to properly treat players who have sustained concussive head injuries during practice or games, leaving them with negative side effects that last long after their college football careers have ended.

The newest players to join the increasing series of lawsuits have disturbing tales to tell about the alleged disregard of serious head trauma that they experienced throughout their college years. Willie Johnson, the former linebacker for Louisville from 2003 to 2005, claims that he suffered several sub-concussive and concussive head injuries throughout his college career that went untreated, and was instructed to “shake off” the injuries after they occurred and return to the game. James Harrison, former Murray State fullback from 2000 to 2005, states that he sustained injuries during practice and gameplay which were significant enough that he completely lost consciousness a few times.

Athlete-DeMoreo-Ford-quoteMost unsettling are the claims made by former UK wide receiver DeMoreo Ford, who played from 2005 to 2009. Ford’s coach at this time, Rich Brooks, told reporters in 2008 that Ford had been advised by his doctors to end his career in football due to number of concussive injuries he had sustained at that point. Ford alleges that he was instructed to return to play on several occasions following serious concussive injuries during games and practices, including a 2007 game in which he sustained a concussion in the second quarter and was sent back into the game in the third quarter, in spite of the fact that he was vomiting during the halftime break between those quarters. Ford’s lawsuit states that he continues to suffer the residual effects of untreated head trauma, experiencing severe headaches, depression, mood swings and more.

These lawsuits are an addition to numerous similar suits that have already been filed in federal court by the Edelson PC law firm in Chicago. According to Edelson PC partner Christopher Dore, more lawsuits are on the way, which will continue to add wider coverage of accusation to schools across the nation. Dore stated that the wide reach of these lawsuits are meant to be a “demonstration that this is not a unique problem to just a small minority of schools”.