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Has the Me Too Movement Spread To China?

Posted by David Brown 
· March 21, 2023 

During the past few years, there has been a remarkable increase in the number of women who are speaking out about the harassment they have suffered. Some women have been harassed by their family members, and others have been harassed in the workplace. This includes not only sexual abuse but also emotional abuse, physical abuse, and verbal abuse. This has been dubbed the “Me Too” movement, and it has been concentrated in the United States and in Europe. Now, it appears that it might be spreading to China, but it doesn’t necessarily have the results that many people expect.

The power structure in China is very different, and it takes a lot for a woman to speak out and file a harassment lawsuit in a Chinese court. Unfortunately, the numbers indicate that when a woman files a harassment lawsuit in China, she has a chance of being hit with a defamation suit herself.

Between the years 2010 and 2017, according to the New York Times, only 34 lawsuits were filed in China related to sexual harassment in the workplace. Of note, China has a population that is five times out of the United States. Of those 34 lawsuits, 19 of them were filed by the accused, claiming defamation. There are even some cases where the women who file their harassment lawsuits are ordered to compensate the people they accused for the harm they have done or their legal fees.

The result could be catastrophic. Multiple sources in China have indicated that victims are often pressured to stay silent and resolve issues outside of the court system. Furthermore, China may have a slightly different definition of what constitutes harassment, and a greater burden of proof often falls on the person making the accusation, which means that the case is much harder to win.

While the “Me Too” movement has definitely had an impact on Chinese culture, spurring a number of investigations into teachers, bosses, and coworkers, it is obvious that China still has a long way to go to ensure women who speak out have the protection they deserve. Perhaps the increased attention paid to this matter is going to lead to further reforms that protect vulnerable parties in the future.

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The U.S. Women’s Soccer Team’s Gender Pay Gap Lawsuit Prevails

Posted by David Brown 
· March 16, 2023 

In 2016, five U.S. women’s national soccer team (USWNT) members began a series of legal actions requesting equal treatment and compensation from the United States Soccer Federation (USSF). The women’s soccer player’s lawsuit claimed that the USSF’s actions violated Title VII and the Equal Pay Act – by systematically underpaying professional women soccer players (compared to male soccer players).

The above-noted legal maneuvers began with a complaint to the Equal Employment Opportunity Commission. Soon after, Carli Lloyd published a New York Times essay emphasizing and demonstrating how the women’s team in the country, despite its consistently lower salaries, actually generated more revenue for the USSF than the men’s team.

The lawsuit, which, unfortunately, is not the first of its kind, reignited the conversation about gender pay disparities across workplace sectors. The fight for equal pay by the five women soccer players garnered tremendous support across the board. Senator Manchin introduced a bill in 2019 in support, while soccer fans showed their encouragement by chanting Equal Pay – Equal Pay during the FIFA 2019 Women’s World Cup.

Other legal actions included an attempt to void the players association’s required collective bargaining agreement. In 2019, the national team’s roster of players filed a lawsuit asserting gender discrimination by the USSF. The suit detailed the claims of wage discrimination in a variety of ways. In response, the US Soccer Federation issued a statement detailing its plans to support and promote the women’s soccer league.

In February 2022, the U.S. Women’s National Soccer team settled their landmark class action equal-pay suit with the U.S. Soccer Federation for $24 million. This settlement is to be distributed in a manner recommended by the USWNT players and further approved by the District Court. Part of the total settlement ($2 million) will go into an account that benefits USWNT players’ charitable efforts and post-career objectives or goals. Each player has the potential to apply for a maximum of $50,000 from this established fund.

Note – in the 2019 film LFG, Sean Fine and Andrea Nix Fine document the U.S. women’s national soccer team’s uphill battle for equal pay.

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Washington State Attorney General Issues Statement On Controversial Merger Case

Posted by David Brown 
· March 14, 2023 

Washington State Attorney General Bob Ferguson released a statement on Monday regarding the Washington State Supreme Court’s decision to decline review of the Albertson’s merger case. The case, which was filed by the Attorney General’s office in an effort to block the merger between Albertson’s and Kroger Co., had previously been dismissed by a lower court.

What is going on?

In his statement published during the third week of January, Attorney General Ferguson expressed disappointment in the court’s decision, stating that the merger would have an adverse effect on working-class Washingtonians that need access to affordable groceries during the current economic downturn. The proposed merger, which was announced in February of this year, would create a company with more than 4,900 stores and $83 billion in annual revenue. If the merger were to go through, Albertson’s shareholders would receive $1.83 billion in cash and $2.17 billion in stock in the new company.

Why is it so important?

The Federal Trade Commission (FTC) has also raised concerns about the merger, stating that it would “significantly reduce competition in numerous local markets.” The FTC is currently reviewing the merger to determine whether it would violate antitrust laws. This is a serious issue in antitrust enforcement and could set the precedent for other major conglomerates to combine forces and weaken the overall buying power of working-class consumers all over the country. The pharmacy industry has already seen similar occurrences and the rise of major grocery store conglomerates would only serve to weaken the buying power of individuals in the state that much more.

Despite the Supreme Court’s decision to decline review of the case, Attorney General Ferguson affirmed that his office remains committed to protecting Washington consumers from anti-competitive business practices. He stated, “We will continue to fight to keep prices low and protect competition for Washington families.”

Conclusion

The Albertson’s-Krogermerger remains under review by the Federal Trade Commission. The outcome of the review and the future of the merger remains uncertain at this time. The case highlights the ongoing debate about the impact of mergers and acquisitions on competition and consumer prices and may set a precedent on what organizations may be able to get away with in the future.

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Natural Disasters And Your Business: Why You Need To Protect Yourself

Posted by David Brown 
· March 9, 2023 

As the world continues to grapple with the impacts of climate change, companies are facing increasing risks from natural disasters like hurricanes and typhoons. The Philippines, for example, is one of the most disaster-prone countries in the world, with an average of 20 typhoons hitting the country each year. These natural disasters can cause significant damage to businesses and their operations, not just in terms of physical damage but also in terms of reputational damage, financial losses, and disruptions to supply chains. For companies operating in or doing business with the Philippines, it’s important to have a plan in place to protect against these risks. One important step is to work with a lawyer who can help navigate the legal complexities of dealing with natural disasters.

Organizational responsibilities

A lawyer can help a company understand its legal obligations and rights in the event of a disaster, such as the responsibilities of insurance providers and the rights of employees. They can also assist in negotiating with suppliers, vendors, and other partners to minimize disruptions to operations. In addition, a lawyer can help a company navigate the legal challenges of rebuilding after a disaster and can provide guidance on how to access government assistance.

Contract specifications

Another way a lawyer can help a company protect itself is by reviewing and updating their contracts to include force majeure clauses, which protect the parties from losses due to events beyond its control. This can include natural disasters such as typhoons and hurricanes. Additionally, a lawyer that is informed about the laws and regulations related to natural disasters in the Philippines can help a company stay up-to-date on any contractual changes and make sure the company is in compliance.

Organizations must protect themselves from the financial, operational, and reputational risks associated with natural disasters. It’s important for companies to take proactive steps now to prepare for the future, rather than waiting for a disaster to strike before taking action. The Philippines is prone to natural disasters, and companies operating in or doing business with the Philippines need to have a plan in place to protect themselves.

If you find yourself in a situation where you need to deal with certain environmental issues as a result of your inherent business practices, call a lawyer.

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3M Finally Ends PFAS Production, But Legal Action Could Continue

Posted by David Brown 
· March 7, 2023 

3M is one of the most well-known and respected pharmaceutical companies in the world; however, it has had its fair share of legal troubles over the years, including mounting lawsuits related to its manufacture of polyfluoroalkyl substances (PFAS), which were found to lead to a variety of medical complications. Recently, 3M announced that it will stop producing the toxic chemicals by 2025, but it means that the company will still face significant legal liability related to environmental damage and health impacts of PFAS, which are “forever chemicals.”

Research has shown that these chemicals can build up in the environment and the human body, leading to a host of issues. There are a variety of reasons why the company is moving away from PFAS, and one of the biggest issues is the mounting legal issues that the company continues to face. For example, 3M is responsible for paying out a variety of lawsuits related to water contamination stemming from PFAS. Furthermore, research has shown that exposure to PFAS can lead to cancer and ulcerative colitis, meaning that 3M is responsible for people’s medical bills all over the world. Even though there are a variety of lawsuits the company is facing in the United States, other countries are taking action against PFAS as well.

Traditionally, PFAS was used to resist the build-up of oil, grease, and water. It has been used since the 1940s, and they have been used to make pizza boxes and non-stick pans recently. Unfortunately, PFAS can also be very dangerous. For example, the company was sued by firefighters who believe that PFAS in the foam led to a number of cancers. Furthermore, PFAS have also been used to make equipment that soldiers use when they fight overseas, causing them to develop complications as well.

Right now, 3M has already announced that it is working hard to transition its products away from PFAS, including those that have already been produced and are sitting on shelves. Sadly, that is going to be very difficult to do, as PFAS are “forever chemicals,” which means that they don’t break down that easily. It will be interesting to see what other steps 3M takes to mitigate the damage of PFAS and what other lawsuits could be filed.

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John Askin Files Lawsuit Against the NCAA and Notre Dame Regarding Administered Pain Medications and Neurological Damage

Posted by David Brown 
· March 2, 2023 

Without a doubt, the NCAA has found itself in the line of fire a significant number of times during the past few years. It appears that the antediluvian organization is slow to adjust, desperate to hang on to power and its revenue stream. It appears that the floodgates are fully opened, particularly with NIL in full force. Now, a number of other negative issues are coming to light, as John Askin filed a lawsuit in the state of Kentucky.

In Kentucky, which is where he lives, he names Notre Dame and the NCAA as defendants. He claims that the NCAA and Notre Dame are guilty of negligence and concealment. He claims that he suffered a significant amount of neurological damage stemming from his football career, but he also says that he was illegally forced to take pain medications in an effort to keep him on the field.

According to J. Bruce Miller, he asserts that doctors and trainers affiliated with the university were illegally giving him medication that was only intended for use by veterinarians on animals. He specifically named the drug Supac, but he also says that he was injected with Marcain, a drug known to lead to multiple side effects. He also says that multiple parties were aware of what was happening, as well as the possible risks of suffering significant traumatic brain injuries, but that the football team and NCAA did nothing.

He states that many of his symptoms were caused by repeated blows to the head, but that the care he needs to receive has prevented him from maintaining employment. He has developed a host of neurological issues as a result of his football career, and he claims that many of these issues were made worse because of the negligence the NCAA and Notre Dame showed towards his medical issues.

It remains to be seen whether more lawsuits will be filed against the NCAA, but it is obvious that something has to be done to protect the civil rights of their student-athletes, particularly given that they are not compensated for the time they spend on the field despite the significant amount of money they generate for the NCAA. Many interested parties will track the lawsuit as it makes its way through the court system.

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What to Know About the Amerisource Bergen Corp. DOJ Lawsuit

Posted by David Brown 
· February 28, 2023 

The United States Department of Justice has filed a lawsuit against AmerisourceBergen Corp. and its subsidiaries, alleging that they engaged in illegal practices in the distribution of prescription drugs. The lawsuit, which was filed in the Eastern District of Pennsylvania, accuses the company of violating the False Claims Act by failing to report suspicious orders of controlled substances, as well as engaging in illegal kickback schemes.

According to the complaint, AmerisourceBergen and its subsidiaries, including Good Neighbor Pharmacy, engaged in a scheme to increase profits by:

  • Distributing large quantities of drugs that were not medically necessary
  • Failing to report suspicious orders of controlled substances to the Drug Enforcement Administration (DEA)

Kickbacks – a major problem

The company is also accused of using its Good Neighbor Pharmacy network to pay illegal kickbacks to long-term care pharmacy providers in exchange for their business. Pharmaceutical kickbacks have had a notorious history in recent years and have featured industry giants like Novartis and Purdue Pharma suspected of and guilty of committing the act.

Origins of the case

The Justice Department’s investigation into AmerisourceBergen began in 2016, and the lawsuit is the latest development in the department’s efforts to crack down on illegal activities in the pharmaceutical industry. AmerisourceBergen is one of the largest drug distributors in the United States and supplies drugs to thousands of pharmacies across the country.

The complaint also alleged that the company knowingly circumvented its own internal controls and distributed misbranded drugs, including pre-signed prescriptions and other controlled substances. Misbranding, in this situation, refers to a drug distributed with the intent to mislead or deceive the purchaser, which in this case is the government and the taxpayers.

Accountability for the people

The False Claims Act allows the government to seek triple damages and penalties for each false claim, so the potential liability for AmerisourceBergen and its subsidiaries could be significant if they are found guilty of the allegations.

The Department of Justice has made it clear that they will hold accountable those companies and individuals who engage in illegal activities in the pharmaceutical industry. The lawsuit against AmerisourceBergen is a reminder that the government is committed to protecting taxpayers and the American public from illegal and fraudulent activities in the healthcare sector.

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The Top Reasons Why Personal Injury Cases Usually Result In Favorable Verdicts

Posted by David Brown 
· February 23, 2023 

An accident can happen at any time, and it is important for everyone to make sure they hire a personal injury attorney who can fight for their rights and represent their best interests. There are a few reasons why personal injury cases tend to win in court, and a personal injury lawyer can help someone put their case in the best position possible to be successful.

One common reason why personal injury cases tend to result in favorable verdicts is that the injury was not the fault of the plaintiff. For example, someone may have slipped and fallen on a wet floor that was not properly marked. Or, they were hit by a car while crossing the street even though they were in the crosswalk and had looked both ways. If the injury is not the fault of the plaintiff, and they can show that it was not their fault, their case might succeed.

The next reason why personal injury cases tend to succeed is that the plaintiff is able to show who is responsible for their injuries. Even if the plaintiff is not at fault, they need to properly identify the defendant. For example, they might be able to identify who was driving the car that struck them. Or, they might be able to show who was supposed to clean up that wet floor and prevent someone from slipping.

Finally, the plaintiff might have a successful personal injury case if he or she can show that the defendant knew about the danger. If the plaintiff is hit by a falling object, they might be able to show that the defendant knew about the dangers of the falling object and did not do anything to repair the issue. Or, they might be able to show that the defendant knew about the wet floor and did not act in a timely manner or mark the area with a hazard sign.

Ultimately, every personal injury case is different, which is why it is important for people who have suffered a serious injury to work with a personal injury lawyer. Always seek the care of a doctor first. Then, reach out to an attorney who can review the case.

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Mall of America Settles Infamous Balcony Tragedy

Posted by David Brown 
· February 21, 2023 

Among nightmare stories, the 2019 tragedy of a five-year-old boy at the Mall of America ranks way up there. That boy, Landen, was arbitrarily picked up and thrown off one of the Mall’s internal balconies randomly. The culprit turned out to be an individual who had a long history of creating problems at the same shopping facility. Landen amazingly survived the attack, even falling almost 40 feet to the hard floor below. The guilty party, one Emmanuel Aranda, ended up with a 19-year prison sentence via a guilty plea to first-degree attempted murder.

As it turned out, Aranda was well-known to the Mall security team. He had already earned the shocking and unwanted title of being banned not once, but twice, from the Mall, yet he kept returning to cause more problems. Only the last time he decided to rage his anger of rejection from women on an innocent five-year-old who tragically caught Aranda’s attention at the wrong moment.

Landen’s family sued the Mall after the boy’s recovery, blaming the Mall management and security for failing to have stopped Aranda from entering again or at least not paying attention to him when present. Given the fact that Aranda’s record of behavior was no secret, any presence of the individual allowed by the Mall security made the Mall liable for whatever he did inside if allowed to enter, according to the lawsuit.

Given the ugly facts of the case, as well as the fact that the Mall could likely have defended itself extensively, both sides decided a settlement was the better direction to follow, with a mutual agreement to improve the facility’s policies about risks going forward.

Landen’s was not a full recovery. The boy experienced 15 different medical corrections, which included surgical removal of his spleen, resetting two broken arm bones as well as a leg, and multiple head fractures. One estimate pegged the medical care provided to the boy to be well over $1.7 million and climbing.

The settlement will include resources deemed sufficient enough to offset the expense of Landen’s recovery as well as sufficient operational changes so that a similar criminal risk doesn’t happen again.

 

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SpaceX Sued for $20 Million After a Delivery Accident Leads to Death of a Husband and Father

Posted by David Brown 
· February 16, 2023 

In June 2020, Carlos and Lucinne Venegas took their three children camping on the beach. Rising tides forced them to end their trip early and hit the road before the sun rose. Little did they know that an 18-wheeler stalled outside of SpaceX’s facility would change their lives forever.

The family vehicle crashed into the 18-wheeler, leading to spinal and leg injuries for Mrs. Venegas and all three children. Unfortunately, the blunt force trauma of the crash killed Mr. Venegas.

What exactly led to this crash, though? There is a difference of opinion on that matter. The Venegas family sought legal counsel that claims negligence of SpaceX’s part and filed a $20 million lawsuit.

SpaceX denies any responsibility and places all blame on the Venegas family. The company states that any driver using a reasonable amount of care could have avoided this crash.

The Venegas’s attorneys disagree. They say that Highway 4 – the location where the crash occurred – is a busy, dark, and narrow area, one that is not suitable for deliveries. Due to this, no amount of caution – especially when it’s dark or with people unfamiliar with the area – would be enough to stay safe.

The attorneys’ claim of negligence is based on the belief that the company should have practiced a reasonable amount of care itself. If SpaceX is going to have delivery vehicles stalled on the highway, they should make the necessary updates to that highway.

Those updates should include widening the area, posting warnings, and making sure it’s well-lit enough that drivers can safely navigate through the zone. And attorneys say that had they not rushed to build the facility, SpaceX might have taken the necessary steps to address these issues – or created a different delivery avenue into their facility.

SpaceX was eventually cleared of responsibility, however, as the crash didn’t occur on the company’s property but on a public highway. Additionally, the 18-wheeler in question was not a SpaceX vehicle – it was a third-party delivery driver and vehicle. The resigning judge stated that the company had no reason to think this driver would not safely perform his duties.

Regardless of who lies at fault, a father is dead, a mother and her children are injured, and their lives are forever changed. Hopefully, this story will be a reminder to everyone – families, companies, and drivers, alike – to be cautious and vigilant at all times.

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