Archive for News – Page 91

Class-Action Lawsuit Draws Attention to an Ever Present Danger

Motorists of keyless ignition vehicles and their families face a life-threatening danger that is gaining attention in the courts after a class-action lawsuit has been filed recently. The lawsuit which has been brought against ten car manufacturers, (Toyota, Nissan, Kia, Bentley, Mercedes-Benz, Ford, Hyundai, Honda, BMW and Volkswagen), hinges on a plea for the auto giants to add an automatic shut-off mechanism to the keyless ignition vehicles. This legal action is groundbreaking since the previous lawsuits regarding this issue were brought by individuals. It is estimated that this class-action lawsuit places the over 5 million owners of vehicles with keyless ignition systems as plaintiff.

keyless-class-action-suitWhile keyless ignition systems has not become standard, it is a coveted feature that is being offered and found on many vehicles today, regardless of class or price. The technology is simple. Instead of using a car key, you press a button to start your vehicle. A key fob component sends a computerized signal to the ignition omitting the need for an actual key. The inherent hazard is that the car can remain on though the key fob is not present and may be far away.

As it stands many of the older versions of these vehicles do not have an automatic shut-off and though the driver has taken the key fob with them they may accidentally leave the car running. Unfortunately, this scenario has tragically played out in several instances wherein the automobile was mistakenly left running in a garage or other confined space and deadly carbon monoxide was able to seep into the living spaces of the dwelling, claiming lives in its wake. There has been a reported 13 lives lost.

Some newer year models featuring the keyless ignition mechanism have been tailored with the relatively inexpensive automatic shut-off feature while the millions of owners of the older cars remain unaware of the safety defect. It is hoped that the lawsuit will prompt the automobile manufacturers to recall the vehicles so that the automatic shut-off feature can be installed onto the vehicles who do not currently have it.

 

Hacked! $578M Ashley Madison Lawsuit

Ashley-Madison-law-suitRecently, hackers made waves online when they managed to obtain and publish the private information of thousands of accounts on AshleyMadison.com, a Toronto-based website that purports to assist users in having an affair. Though many have since expressed a view of the hack as the well-deserved punishment of errant partners, Two Canadian law firms have a slightly different take. Charney Lawyers and Sutts, Strosberg LLP have filed a class-action lawsuit on behalf of Canadian Ashley Madison customers whose information was released, arguing that the hack was a breach of not just data, but intensely personal and sensitive information that could damage thousands of reputations and businesses.

The lawsuit itself charges that Ashley Madison’s parent companies, Avid Dating Life, Inc. and Avid Life Media, Inc. should have been able to properly protect customers’ information against the hacking group, reportedly called “The Impact Team.” Not only were users’ names, email addresses, credit card numbers, and other personal information released to the public, but in many cases the exposed users had paid additional fees to have their information deleted from the site–something that exposed users quickly found out didn’t happen. In the interests of the outed victims of the breach, the two law firms are suing Ashley Madison’s parent companies for a hefty total of $578 Million.

Of course, in order to take part in the class action suit, affected individuals would need to come forward and admit to having been on the list of exposed users. This, some experts say, could stop the entire lawsuit in its tracks. Even so, with over 30 million members worldwide, even a fraction of brave users could mean big trouble for the site. Although this is the first suit brought against Avid Dating Life, Inc. and Avid Life Media, Inc. in their own country, similar suits have already been brought by plaintiffs from the United States.

Facing both the ire of the site’s detractors and now mounting legal issues, only time will tell what will become of Ashley Madison in the long term.

Planet Fitness transgender locker room policy lawsuit

As the march for LGBT rights has blazed through marriage equality and into new territories, businesses around the country have found themselves in hot water over transgender-related policies. Earlier this year, Planet Fitness in Midland, MI ran into some such trouble when a member was horrified by the presence of a transgender woman in the women’s locker room.

Planet-Fitness-quoteThe member, 48-year-old Yvette Cormier, noticed a transgender woman in the Midland Planet Fitness locker room in late February, and began to warn other gym members that “a man” was using the women’s locker room. When Cormier took her concerns to the front desk, she was told that the individual identifies as a woman. Unsatisfied, Cormier escalated her concerns to the corporate level, only to be met with one of the company’s regular slogans: Planet Fitness is a “no judgment zone.” Yvette Cormier says she then cancelled her membership and sought legal action. Cormier and her lawyer filed a complaint, charging that the Planet Fitness policy regarding transgender individuals puts women and children at risk, and encourages “possible criminal activity, including potential indecent exposure, disturbing the peace, and child abuse criminal actions.”

Now, representatives for both the Planet Fitness parent company and the Midland location are seeking dismissal for the case, arguing that Cormier’s complaint contains no allegation of legitimate criminal offense, or of any activity that may have created a hostile or sexually inappropriate environment. In their response, lawyers for the defendants cite a variety of cases, both open and closed, that concern transgender use of bathrooms, locker rooms, etc.–many of which have ruled in favor of transgender rights. They also point out that Cormier’s concerns are targeted toward existing non-discriminatory policies, and that to reverse it could invite a deluge of new lawsuits by transgender individuals charging Planet Fitness with discrimination. Ultimately, their response says, Cormier’s claims are “factually and/or legally deficient, and must be dismissed.”

Cormier’s representative, lawyer Dave Kallman, remains unfazed. Regardless of the motion for dismisssal, Kallman appears confident in the strength of the original complaint, and is ready for a judge to rule. A hearing is currently scheduled for September 25th, 2015.

Black Nurse’s Lawsuit against Mary Free Bed Dismissed

On August 6, 2015, a judge dismissed a black nurse’s discrimination lawsuit against the Mary Free Bed Rehabilitation Hospital. The black nurse filed the lawsuit because she was prohibited from caring for a white patient. The nurse also made the allegation that she was passed over for a promotion due to her race. Foster was the second nurse to sue Mary Free Bed Rehabilitation Hospital in response to a racial discrimination claim. Foster worked at the hospital for a total 12 years, ranging from 2001 to 2013. In May 2013, she left the position for a nursing job in Phoenix.

discrimination-claimAccording to Foster, on December 3rd, 2010, a nursing supervisor prohibited her from going into a room because they “[didn’t] want any black people in there.” The patient, who had suffered a traumatic head injury, had been hospitalized for about a week. Foster called a supervisor to complain because she had not been allowed to treat the patient, even though she had worked for about four nights while the patient was hospitalized. In response to the demands of the nursing supervisor, Foster did not enter the patient’s room.

According to MLive, Foster reported that the experience led her to feel both devalued and humiliated. Due to her education and hard work, Foster believed she should be permitted to care for any patient the hospital receives, regardless of requests by a patient’s family.

According to the U.S. District Judge Janet Neff, the lawsuit against the hospital was dismissed because she could not prove that she suffered adverse employment action to support her claim of racial discrimination. In an opinion publicized on Thursday, August 6th, Foster suffered no materially adverse change in any aspect of her employment that is significant. Also, according to the hospital’s records, black workers had cared for the patient during his one-week stay at the hospital. The judge also agreed with the hospital when it came to Foster’s claim of adverse employment action. The white woman who was hired over Foster showed more leadership and experience, according to the hospital.

 

Justice Department Issues Statement on Homeless Civil Rights Lawsuit

illegal-public-sleepOn Aug. 6, 2015, the Department of Justice Civil Rights Division issued a statement on the civil rights lawsuit filed in 2009 by several homeless people in Boise. The department is asking a federal judge to block a city law on sleeping in public from being enforced. The law makes it illegal to sleep in a public area instead of a homeless shelter, as long as the shelter has space available.

The department criticized the law for unfairly punishing the homeless for not having a place to stay. Those in favor of the law argue that there is usually enough room in the shelters to accommodate Boise’s homeless population, making it unnecessary for them to sleep in public places. They also point out that the City Council voted in 2014 to amend the law so that homeless people will not be ticketed for sleeping in public when the shelters are full. For those who support enforcing the law, public safety is cited as the main issue.

Those who oppose the law argue that the city’s homeless population is larger than the amount of space available overall in Boise’s homeless shelters. Attorney Howard Belodoff, who represents the plaintiffs involved in the 2009 civil rights lawsuit, also stated that many of Boise’s homeless people have disabilities that prevent them from being able to stay in shelters.

Seven homeless people filed the lawsuit in question, Bell v. City of Boise, after being convicted for breaking the law by sleeping in public. At the time, the law allowed police to ticket homeless people regardless of whether or not there was enough space in homeless shelters. The 2014 amendment to the law prohibits police from ticketing the homeless if there is no space available in shelters.

The Department of Justice’s statement claims that the Boise law is in violation of the Eighth Amendment since it criminalizes an activity that is necessary and unavoidable. The department argues that the homeless should not be punished by the law for sleeping, regardless of where that activity occurs. A U.S. District Court judge is expected to issue an official ruling on the lawsuit in late 2015 or early 2016.

 

Dairy Lawsuit Settled with $50 Million Payout

Farmer-paymerntAccording to the Burlington Free Press, on August 5th, Dairy Farmers of America agreed to pay a sum of $50 million to about 9,000 Northeastern dairy farmers. The farmers filed a lawsuit against Dairy Marketing Services, accusing the marketing cooperative of working with Dean Foods to drive down the price of milk and monopolize the raw milk market. Each farmer would receive a payment of about $4,000. Some Northeastern dairy farmers are opposed to the deal. A judge, who had rejected a previous settlement proposed in March, still needs to approve the settlement.

In 2011, Dean Foods, a Dallas-based dairy processor, agreed to a $30 million lawsuit settlement payment. The money was paid to farmers in numerous states, including New Jersey, Pennsylvania, Maryland, Delaware, Rhode Island, and Connecticut.

The previous settlement was rejected by U.S. District Court Judge Christina Reiss on the grounds that some farmers opposed the deal. Based on the reasoning for the rejection of the previous deal, it is deemed likely by many that this settlement will be rejected as well.

The farmers opposing the deal argue that the $4,000 per farmer was insufficient financial compensation for the damages suffered. They also deemed the money not worth the possible retaliation they may face from both Dean Foods and Dairy Farmers of America. The farmers argued that the proposal’s injunctive relief left room to allow the two companies to continue trying to create a raw milk monopoly. For the farmers to agree to the deal, there would need to be a significant change in the way the defendants do business.

DFA-denies-wrongdoingIn the first lawsuit settlement proposal, the farmers’ attorneys requested $16.6 million plus expenses. The settlement payment amount remained $16.6 million plus expenses after negotiation. However, both sides agreed to address some of the concerns of the farmers by amending the settlement.

Kit Pierson, an attorney for the plaintiffs, stated that he believed the new settlement was in the best interest of the farmers. However, many farmers, including dairy farmer Jonathan Haar, continue to oppose the deal on the grounds that the primary beneficiaries were counsel.

When requested to comment, Dairy Farmers of America did not respond immediately. In a later statement, DFA denied any wrongdoing under the previous settlement’s terms. They argued that the cost to defend against the lawsuit had become too great, which is why they agreed to the second settlement.

 

Student’s Rape Lawsuit Settled by University of Oregon

In March 2014, a female student attending the University of Oregon accused three players on the university’s basketball team of rape. Due to the university’s transfer policies, the female student filed a lawsuit against the University of Oregon. On August 6th, 2015, the University of Oregon settled the lawsuit.

During a police investigation following the accusations of rape at an off-campus party, Dominic Artis, Brandon Austin, and Damyean Dotson were suspended. Two months later, the students were removed from the basketball team and suspended from the University of Oregon. However, according to the female student’s attorney, the three students were not criminally charged due to a lack of evidence. Coach Dana Altman was named as a co-defendant on the suit, but his name was later removed from the lawsuit.

The suit against the University of Oregon stated that Coach Altman and other staff recruited Brandon Austin, despite their knowledge that he had been suspended from Rhode Island’s Providence College due to accusations of sexual misconduct.

According to The Register Guard, a spokeswoman for the attorney of the plaintiff stated that the female student settled for lawsuit settlement payment of $800,000, paid tuition for all four years at the university, and a pledge from the University of Oregon to change the way in which the school evaluates transfer students. Attorneys representing “Jane Doe,” the female student, declined to comment further on the settled lawsuit.

When asked to make a statement on the settlement reached on August 6th, University of Oregon President Michael Schill noted that the rape allegations led to the prevalence of mistrust on the campus as well as a division of community. He expressed his hopes that the approval of the settlement would ease the tensions on campus, help students feel more secure against the possibility of experiencing sexual violence, and begin the healing process for all those involved in the case. Schill’s hopes appear to be somewhat realized, as the female student commented that she was pleased to have the case behind her so that she can focus on her education.

Officials representing the University of Oregon stated that the settlement in no way indicates that the university admits to wrongdoing. However, the university is currently hiring new staff and creating new policies and programs to prevent on-campus sexual assault and harassment, according to Schill.

 

Counts Dismissed in Michael Brown Wrongful Death Lawsuit

michael-brown-The highly publicized Michael Brown wrongful death lawsuit suffered a setback recently, as four counts were dismissed by a federal judge.  This piece sheds light on the details of this highly controversial dismissal. Four counts in the Michael Brown wrongful death lawsuit were dismissed by a federal judge. The highly publicized wrongful lawsuit was brought against the city of Ferguson, Missouri by the parents of Michael Brown. Brown, a black teenager, was shot to death by a white police officer, Darren Wilson, last year.

The shooting catalyzed nationwide demonstrations and an emotional dialog regarding the excessive use of force by white police officers against young urban minorities. While the country’s urban centers experienced a number of racially charged police attacks against minorities throughout the past two years, the shooting of Brown is considered to be especially egregious.

The Michael Brown wrongful death lawsuit was filed by Brown’s family against the city of Ferguson, Missouri back in April. The family filed the lawsuit in an attempt to obtain $75,000 in compensation as well as unknown punitive damages. The lawsuit even called for a specific court order that disallows the use of certain police techniques that Brown’s family alleges are meant to”…demean, disregard, or underserve [the city of Ferguson, Missorui’s] African-American population.”

Federal judge, E. Richard Webber, is responsible for dismissing the four counts. He stated that two of the counts can stand for the time being though they may fall at a later point as certain claims cannot be made on behalf of Brown by his parents. Brown was considered to be an adult at the time of his death due to the fact that he was 18 years old michael-brown-3when officer Wilson shot him to death.

It is important to note that two of the four dismissed counts were not in dispute as they pertain to claims relating to state issued civil rights. The two counts relating to former police officer Wilson and Ferguson’s former Police Chief, Thomas Jackson, were dismissed after the judge determined that they were redundant.

Wal-Mart Lawsuit Alleges Discrimination Against Gay Employees

gay discrimination lawsuit has been filed in Boston federal court against Wal-Mart on the grounds that the walmart-lkawsuitcorporate monolith failed to extend health insurance to the spouses of homosexual employees. The Wal-Mart lawsuit is poised to pit the United States’ largest retailer against social justice warriors across the globe. The timing couldn’t be worse for Wal-Mart as same-sex marriage was legalized across the country less than a month ago.

The class-action complaint was filed by Wal-Mart employee Jacqueline Cote. She states the retailer refused to extend health coverage to her wife for a number of years. Cote, 52, believes that this alleged transgression is a clear violation of Massachusetts’ fair-employment law as well as a violation of the 1964 federal Civil Rights Act.

Although Wal-Mart did provide benefits to same-sex couples back in January of 2014, it was too late in Cote’s wife’s case. Her spouse, Diana Smithson, had accumulated medical bills of over $150,000 while combating ovarian cancer. Smithson paid all of her medical bills out of pocket as she was not provided with Cote’s healthcare insurance due to Wal-Mart’s previous policy that barred same-sex spouses from receiving coverage.

Cote argues that Wal-Mart should have immediately provided healthcare benefits to her spouse as the federal Defense of Marriage Act had been overturned in 2013 by the U.S. Supreme Court. The Act defined marriage as a unison of strictly heterosexual couples. However, it is worth noting that Wal-Mart did alter its healthcare insurance policy within two months of the high court’s ruling. By January of 2014, the retailer offered health coverage to same-sex spouses throughout the United States. Wal-Mart will argue that its benefit coverage prior to the 2014 update was compliant with the law.

Cote believes that she has a strong case as she previously took her argument before the U.S. Equal Employment walmart-lawsuit-2Opportunity Commission. This group issued a determination last January stating that the retailer’s treatment of Cote and her spouse amounted to illegal sex discrimination. Cote’s Wal-Mart lawsuit is important as it is is the first of its kind to be filed in the aftermath of the nationwide legalization of gay marriage. If she obtains a court order that legally requires Wal-Mart to provide benefits, it will set an important precedent that has the potential to impact thousands of other employers and same-sex couples.

 

Uber Resolves New Year’s Eve Death Case

Uber, a taxi service that offers customers access to drivers via mobile phone, settled a lawsuit from a child’s death that occurred because of one of their drivers in San Francisco. One of the company’s driver’s hit a six-year-old girl who was walking through a crosswalk. They formed an agreement with the plaintiff, which was the child’s family.

uber-settlementUber gave the family an undisclosed amount of money for the girl’s death. This results in the company being able to avoid a trial in regards to the responsibility Uber has on its drivers. Papers filed with the Superior Court requested that the settlement be kept classified. They don’t want the family to be subject to financial abuse due to the sum.

On New Year’s Eve 2013, Anthony Liu (five years old) and Sofia (six years old) were crossing with their mother, Huan Hua Kuang. A driver of an SUV from Uber didn’t yield, and the family was just crossing Polk Street near the Civic Center. In addition to the vehicular manslaughter, the mother was also injured. She was hospitalized for several weeks. She even had to undergo eye surgery.

The driver of the SUV was 57-year-old, Union City Resident, Syed Muzzafar. He’s a contractor who no longer has the privilege to drive for Uber. His court date concerning the misdemeanor charge of vehicular manslaughter is set for August 5th, as noted by his attorney John Hamasaki.

At the time of the accident, he was logged onto the company’s app, which goes by the name of the UberX app. He was waiting to receive a ride request at the time. When the incident occurred, he wasn’t providing services since he didn’t uber-3have any passengers in his vehicle at the time. The family’s attorneys disputed Uber not being responsible. They stated that Muzzafar’s conduct may have branched from dealing with the company’s phone-based interface. The company didn’t have insurance that covered the driver and the damage done.

The mother of Sofia stated that the death of her daughter forever changed their family and that they just want to move forward privately from this point on. Uber’s statement stated that their hearts go out to the Luis, and they hope the settlement will aid in them moving forward.