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Another Lawsuit Filed Against Tesla Alleges Racial Discrimination in the Workplace

Posted by David Brown 
· February 24, 2022 

Tesla has been in the news a lot recently. Recent allegations of racism have been made against the popular electric vehicle manufacturer. In the lawsuit, Marc Cage, who is of African American descent, claims that he was fired for reporting widespread safety violations. Even though reporting widespread safety violations should be enough for some form of protection, he further alleged that he was fired due to issues relating to his race.

In the lawsuit, Cage claims that he reported these safety issues because he was concerned that the conditions of Tesla’s battery factory in Nevada left certain components at risk of exploding, placing countless people at serious risk of injury or death. Furthermore, the lawsuit alleges that there were systemic failures by the company to disclose major risks that led to on-the-job injuries.

The lawsuit also alleges that Tesla maintains commitments to unrealistic production goals. As a result, employees try to work as fast as they can but often lead to mistakes. These mistakes can lead to serious manufacturing concerns, injuries among its workers, and promises that have to be broken. He further alleges that other employees at Tesla, including managers of the company, harassed him on the basis of his race. He further alleges that leadership at Tesla did not do enough to protect him against this form of discrimination.

As an example, he claims that just about every restroom and the Tesla facility in Fremont contained racist slurs, swastikas, and even uses of the n-word. While Tesla has not yet commented on the lawsuit, the allegations made by Cage against the popular electric vehicle company are alarming.

Furthermore, it is not the first lawsuit to be filed against Tesla due to issues related to racism. Recently, a state agency in California filed a lawsuit against Tesla on behalf of African-American workers who claimed they were subjected to drawings and racist slurs at the very same facility. Even though Tesla has said that that lawsuit is misguided, there are other allegations of racism being made against Tesla as well. It will be interesting to see where this most recent lawsuit goes and if it forces Tesla to make any changes.

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Daycare Center Hit With Lawsuit Related to Injuries From Rope Swing

Posted by David Brown 
· February 22, 2022 

When parents send their children to preschool, they expect them to be properly protected. Unfortunately, children suffer injuries from time to time, but when these injuries stem from negligence, responsible parties need to be held accountable. That is the basis of a recent lawsuit filed against the Children’s Learning Center. Recently, a lawsuit was filed related to an incident that occurred in 2019. A child was playing at the Rafter J campus location when a rope swing, which was placed above a paved surface, led to injuries.

The executive director of the Children’s Learning Center simply stated that the center does everything it can to make sure every child remains safe but did not comment directly on the lawsuit. The parents of the child who suffered these injuries are seeking damages. The lawsuit states that the daycare center should have known that the child could have fallen off the rope swing and suffered serious injuries, particularly because the rope swing was hanging over a paved surface. The lawsuit further alleges that the center did not follow all reasonable Child Care safety standards.

In the lawsuit, the parents also claimed that they were not aware that the center allows their children to swing on a rope swing above a paved surface prior to enrolling their child at the daycare center.

On the date of the incident, the child was swinging on the rope swing under the supervision of teachers at the daycare center, according to the information in the lawsuit. Then, at some time while the child was swinging on the rope swing, he fell from the swing head first. As a result, he struck his head on the ground, suffering a fractured skull, a traumatic brain injury, numerous lacerations, and a fracture in the left wrist.

The parents are seeking damages to cover the cost of medical expenses, a loss of earning capacity related to the injuries, and potential compensation for future disabilities the child may develop as a result of the injuries.

It is important for children to be kept safe while they are at daycare. Only time will tell to see if the daycare center is held responsible for the injuries sustained by this child in the accident.

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How to Build a Strong Personal Injury Case

Posted by David Brown 
· February 17, 2022 

How to Build a Strong Personal Injury Case

You might be victimized in a car accident, while shopping in a grocery store, or in some other way that caused you to suffer a personal injury. If so, some basic steps can help you to build a strong case against liable parties. It starts with avoiding posting to social media, unless you are simply proclaiming your injuries and how badly you feel.

Four Elements of a Solid Personal Injury Claim

You have to prove four elements to file a successful personal injury claim with an insurer or in court. You have to prove that a dangerous condition existed or that the offending party acted negligently. You have to prove the offending party should have known about a dangerous condition or known that it was acting negligently while driving or doing something else that caused an accident.

You also have to prove that the dangerous condition or negligent act caused you harm. And you have to show the harm caused by damage, such as personal injury, property damage, or both.

Obtain Medical Treatment

Medical treatment is a must for any personal injury case. It is the best way to get a professional medical diagnosis that affirms harm occurred. It also shows the extent of the harm caused and affixes a cost for treating the personal injury. The sooner you get medical treatment, the more valid your personal injury claims become.

Gather All Available Evidence

You need to take photos of dangerous conditions or accident scenes following a mishap that caused your personal injury. If any witnesses are available, you should try to obtain their contact information and ensure their testimony would support your claim. Photos, witness statements, and other evidence could confirm another party caused the accident.

Retain an Attorney

You need to retain an experienced personal injury attorney. Your attorney can help you to present a strong case. The attorney also stops insurers, other attorneys, and bill collectors from contacting you while the case is active. All communication must go through your attorney until the case has concluded in your favor.

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Avoiding Mistakes in Personal Injury Lawsuits

Posted by David Brown 
· February 15, 2022 

According to the CDC, there are over 39 million people injured in the United States every single year. With such high numbers, chances are you might one day fall victim to a personal injury. There are several steps you can take to ensure you get the best settlement after a personal injury, and avoid making common mistakes that can cause you to forfeit a larger settlement.

Keep Track Of All Injuries

When you argue your case in front of a judge or jury, they will want to see why a settlement is justified for your pain and suffering. Many people make the mistake of not taking the time and working after their injury. They might also continue to complete day to day activities in an effort to hide their injuries and move past them.

Unfortunately, not taking the time to document your injuries and heal from them can give the impression that your injuries were not serious. On the contrary, even simple injuries such as slips and falls can lead to negative consequences. It’s best to not hide or mask your injuries, and instead, document them through doctor’s visits, journals, and at work.

Know Your Rights

It’s important to understand your rights after an injury. If the injury is the fault of someone else, including your work place, you are entitled to a proper settlement to pay for your pain and suffering and future medical expenses. Many insurance companies will pretend they are on your side, however, they are always fighting to keep their pockets full. Insurance companies offer low settlements in an effort to make you settle out of court and not continue to fight for your rights. Never settle for a first offer, and always seek to take cases to trial if the insurance company continues to be unfair.

Get Professional Help

In addition to properly documenting your injuries and taking the time to heal, it’s also best to get professional help. A dedicated personal injury lawyer can walk you through the entire settlement process. From filing your claim in court in a timely manner, to not accepting the first settlement, and helping gather evidence for your claim, a lawyer will argue on your behalf.

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Reasons You May Need a Personal Injury Lawyer

Posted by David Brown 
· February 10, 2022 

When you head out on a trip to the grocery store, to your job, or anywhere else for that matter, there is always a chance you can be involved in some type of accident and injured as a result of it. It is a great idea to always have in mind the name and number of a trusted and experienced personal injury attorney you can call right away if you find yourself in any type of situation in which you have been injured due to the fault of others.

What Do Personal Injury Lawyers Do?

Personal injury lawyers can help you if you’re involved in any type of motor vehicle accident, including car, motorcycle, and even pedestrian incidents. They can also assist you if you have been involved in some type of boat or watercraft accident as well as burn injuries or injuries you sustained due to construction while you are out and about. They could also help you if your child is injured, if you receive a dog bite, or if you are loved one has been the victim of nursing home abuse or medical malpractice. They can also help if you are injured in some sort of swimming accident or suffer a sports injury, or even a slip and fall incident. Personal injury attorneys also handle product liability claims and wrongful death lawsuits. Basically, you can suffer a personal injury incident at any time and in any place, even places you may not have thought of before.

How Can a Personal Injury Attorney Assist You?

You will meet with your personal injury attorney for a consultation to determine if you have a strong case. He or she will then assist you throughout the entire process of filing, and hopefully, winning your personal injury claim. Keep in mind that if you are involved in an accident, there are several things your personal attorney will ask you to do so if possible, you should contact your lawyer from the scene or immediately after seeking medical treatment. An experienced personal injury lawyer will have the knowledge and experience to represent you properly when it comes to dealing with insurance companies and other parties. They will also represent you in a court case if needed and will help you navigate through that complex system to garner the result and relief you are seeking. Contact a personal injury lawyer today if needed and get your case started!

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COVID-19 Testing Facility Loses Test Samples, Fakes Results in Wide-Reaching Medical Scam

Posted by David Brown 
· February 8, 2022 

On January 31, 2022, the state of Washington filed a lawsuit against COVID-19 testing facility Center for COVID Control for faking test results and delaying test results. According to the lawsuit documents, the company stored COVID-19 tests in garbage bags rather than properly refrigerating them and reported false results to patients and otherwise endangered public safety.

The lawsuit, filed in King County Superior Court, named the company’s founders, Akbar Syed and Aleya Siyaj, as well as Doctors Clinical Laboratory. Established in Illinois during the COVID-19 crisis, the firm quickly expanded to more than 300 nationwide locations. According to records obtained by the Attorney General’s Office of Washington state in a Federal Bureau of Investigation (FBI) raid, the company collected test samples for both rapid testing and regular testing but improperly stored them. In some cases, it is unknown if they tested the swabs.

The lawsuit documents include personal testimony from patients and employees. In one case, a patient who traveled to a Washington facility for a rapid test, which guaranteed results in two hours, had to provide two samples after the company misplaced the first test sample. Told that the second sample had also been misplaced, she then received an email that stated her test results were negative. Already symptomatic, she took another COVID-19 screening at a testing site offered by the Washington Department of Health. It showed her as positive for COVID-19.

Employees of the company and former employees who quit when told to lie to patients and doctors about the status of test samples and results schedules. When the company fell behind on testing the samples, it told its call center employees to lie to callers either telling them that their results were inconclusive, and they needed to submit a second test sample or that their results would be available in 24 hours – whether or not the company had information on the sample.

The Washington state lawsuit also accuses the Center for COVID Control of defrauding the government. The company billed the US government for $124 million to date, for tests on uninsured patients. It also reported insured patients as uninsured. Some patients under Medicare coverage were told to report that they were uninsured. Once it fell egregiously behind on its testing, the company switched to a streamlined intake form that auto-filled “uninsured” as the insurance default.

The company had only obtained a business license for its Yakima, Washington facility in that state. Other locations temporarily closed, such as the Lakewood location, which its city officials closed in January. The lawsuit requests that the King County Superior Court penalize the firm for up to $12,500 per violation of the Consumer Protection Act, and permanently close all of its facilities.
According to Washington state Attorney General Bob Ferguson, “Center for COVID Control contributed to the spread of COVID-19 when it provided false negative results… [They] threatened the health and safety of our communities.”

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WA Cities Must Pay $3 million Settlement In Man’s Killing By Police While Trying to Surrender

Posted by David Brown 
· February 3, 2022 

Three Washington cities will pay $3 million to settle a lawsuit filed by the family of an emotionally disturbed Montesano man killed by officers while he was trying to surrender to them.

Dozens of officers from Aberdeen, Montesano and Hoquiam surrounded the home of 43-year-old Patrick Easton West, who was on the phone with a negotiator who had announced West was calming down during the April 2019 incident. But the heavily armed officers who were part of a SWAT-like “critical response unit” charged inside West’s home anyway.

One officer carrying a bulletproof ballistic shield fired seven times at West, who was struck three times by bullets. West, who had no criminal history and did not have access to firearms, died the next day.

West’s family told police on the scene that he suffered from mental health issues and asked them to proceed cautiously. He had barricaded himself in his basement, carrying a metal bar with tape on the end that police called a “makeshift sword.” West threw the bar onto the lawn after officers ordered him to drop it, and then officers opened fire, according to the lawsuit.

Police claimed the bar hit an officer, but there was no evidence anyone was injured by it, according to police records and the lawsuit. When West hit a cedar fence with the metal bar, an officer was on the opposite side. A police chief said that amounted to assault on an officer and “we’re calling it a felony,” according to the lawsuit. That led to dozens of officers converging on the scene.

The family’s lawyer, Tim Ford, argued that officers unnecessarily escalated the incident as part of “their militarized response.” Despite their own negotiators noting that West was calming down, officers “approached the house with a heavily armed team to breach the door to Pat’s basement workshop with a battering ram.”

Once inside, officers yelled conflicting commands and one officer shot and killed West. The lawsuit argued that the special unit “engages in paramilitary tactical operations,” but the unit “rarely trains as an entire team, and the crisis negotiators train even less than the tactical officers.”

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Pfizer Asks Judge to Intervene In Lawsuit Case Seeking COVID-19 Vaccine Information

Posted by David Brown 
· February 1, 2022 

Pfizer Inc. argues it should have a say in a lawsuit seeking information about its COVID-19 vaccine to ensure trade secrets and confidential commercial information are not disclosed.

A group of doctors and scientists sued the U.S. Food and Drug Administration in federal court in Texas, seeking details about the FDA’s licensing of the vaccine. Pfizer’s lawyers told U.S. District Judge Mark Pittman that the company should be allowed to join the case so it can help the FDA avoid “inappropriately” disclosing trade and corporate secrets.

The doctors and scientists who sued the FDA argue it’s too early for Pfizer to join the case because no one is challenging redactions made to the records requested in the lawsuit. The judge has ordered the quick release of hundreds of thousands of documents in the case, noting it’s “of paramount public importance.”

The FDA told the court it believes Pfizer can help the agency navigate the “unusual and indeed extraordinary circumstances of the case.” Government agencies like the FDA control the release of documents under the federal public records law, but companies like Pfizer can challenge and sue to block the release of certain information.

The federal judge will consider Pfizer’s request and is expected to address concerns raised by the FDA about his order to start releasing 55,000 pages of documents monthly in March. The FDA previously proposed releasing 500 pages a month in response to the lawsuit, a schedule that would require more than 50 years to complete. Pfizer argues its intervention in the lawsuit “will help accelerate the release of documents.”

Pfizer stated in its court filing that it supports public disclosure of the FDA records related to its vaccine “to promote transparency and the public’s confidence.”

But lawyers with Siri & Glimstad, a New York boutique firm that filed the lawsuit on behalf of the Public Health and Medical Professionals for Transparency, argued Pfizer doesn’t need the court’s permission to help the FDA. The company can support the agency’s efforts to release the records without intervening in the lawsuit. The lawyers said they wouldn’t fight Pfizer’s intervention if the “involvement is limited to prevent delay or prejudice.”

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Did Google and Facebook Executives Conspire to Drive up Ad Auction Prices? Amended Lawsuit Says Yes.

Posted by David Brown 
· January 27, 2022 

Further details of the multi-state lawsuit against Google and Facebook have recently emerged as the 2020 lawsuit was newly amended. The updated lawsuit accuses Google and Facebook of abusing their marketing power in 2015 to artificially inflate advertising auction prices to increase revenue, while agreeing to avoid competing with one another’s lucrative ad-tech businesses. Led by Texas Republican Attorney General Ken Paxton, fellow Republican AGs in Arkansas, Idaho, Indiana, Kentucky, Mississippi, Missouri, North Dakota, South Dakota, and Utah have joined together to accuse the digital giants of market manipulation. While AG Paxton calls the actions market manipulation, Google and Facebook claim the lawsuit is meritless.

Several documents support the accusations of collusion, as they outline the methods and show how executives at each company were involved.

At the heart of the pricing complaint is how Google and Facebook responded to the practice of automated header bidding. In the header bidding process, ad exchanges bid on inventory simultaneously before servers release it to the highest bidder. This helps publishers sell more ads, at more competitive rates.

The header bidding practice threatened Google’s ad revenue stream because publishers could sell their inventory directly instead of using Google’s ad serving technology, of which Google takes a cut. To combat these potential losses of ad commissions, Google developed an alternative called open bidding.

The lawsuit alleges that Google worked out a deal with Facebook to support its open bidding process instead of header bidding, even suggesting that Google CEO Sundar Pichai personally signed off on the terms of the agreement. One smoking gun email from Facebook COO Sheryl Sandberg referred to the arrangement with Google as a “big deal strategically.” Other emails indicated that CEO Mark Zuckerberg would need to OK the deal.

Newspaper trade group representative David Chavern, CEO of the News Media Alliance, summed up the sentiment of many publishers with his comments: “Anti-competitive side deals and market manipulation don’t count as innovation. Google has been purposely suppressing news publishers’ finances for years and then asking us to say thank you.”

Google and Meta (formerly Facebook) say their efforts were neither secret nor inappropriate, citing examples of public announcements such as this blog that predated the lawsuit by years. According to a Meta spokesperson, “these business relationships enable Meta to deliver more value to advertisers while fairly compensating publishers, resulting in better outcomes for all.”

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Sports Betting Lawsuit Filed By Card-Room Operator in Washington State

Posted by David Brown 
· January 25, 2022 

Maverick Gaming, LLC, owner of 19 of the 44 gaming rooms in the state of Washington, recently filed a federal lawsuit against state officials claiming that Native American casinos were illegally permitted to engage in betting that was believed to be a “discriminatory tribal gaming monopoly.” This lawsuit may temporarily place all betting on hold, which has gamers and gaming room owners experiencing heightened stress levels. Gamers may have to wait until the lawsuit is settled to participate in their usual gambling, which includes roulette, craps, and more.

Sports betting was approved for tribal casinos in March of 2020 and went into effect in September of 2021. Maverick’s owner, Eric Persson, stated that he simply wants to be treated fairly and be allowed to participate in the betting just as tribal establishments are. Persson feels that the ability to participate in the same types of gambling as tribal members are would create substantially more jobs and dramatically increase the amount of revenue that is brought in at all gaming rooms.

Prior to filing the lawsuit, Persson reports having made several attempts to lobby lawmakers over the past few years, in an effort to request that sports gambling be permitted at all casinos instead of limiting it just to tribal establishments. However, after several unsuccessful attempts at obtaining a hearing, Persson decided that filing a lawsuit was the next logical step.

The executive director of the Washington Indian Gaming Association, Rebecca George, has responded to the lawsuit and feels that Maverick Gaming, LLC is making a desperate attempt to reverse a law that was put into place for an important purpose. The representative also predicted that if Persson’s lawsuit were to somehow end in success, that it could cause irreparable damage to tribal communities, but also to the general public.

George further stated that should this “unmerited” lawsuit be approved, that it would undermine the rules of the Indian Gaming Regulatory Act as well as Washington state law. The executive director further explained that a well-established gaming system was agreed upon several decades ago and that approving Persson’s request could be extremely harmful and undue an agreement that was working optimally for so many years.

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