Costco To Pay $3.85 Million for Dangerous Trash Cans

The United States Consumer Product Safety Commission (CPSC) is an agency that independently seeks to promote consumer safety. It achieves this by addressing injury from risks through coordination of recalls, evaluation of consumer products that are reported as wanting by industries or consumers, development of uniform standards, and research into injuries and illnesses that are product-related.

The CPSC stated that Costco Wholesale Corporation agreed to pay a fine of $3.85 million after it lost in a civil suit against its EKO Trash Cans. The staff at the company charged that the organization failed to file a report with the CPSC, in compliance with the law with regard to the safety of the EKO Sensible Eco Living Trash Cans.

The staff asserted that the trash cans were a safety hazard to consumers. To be more precise, the plastic protective layer that is at the back of the trash can receptacle can be disconnected easily thus exposing a sharp edge. The sharp edge is a hazard to consumers as it can cause lacerations to the user. The company had received complaints from consumers, 60 to be exact, on injuries they had sustained from the cans. There were also an additional 92 complaints about the company’s Eko trash cans but Costco did not immediately report to CPSC on the risk or defect.

It was not until July 17th, 2015 that Costco took action by recalling 367,000 trash cans from the market. By that time, the company had made sales for close to two years; December 2013 to May 2015.

Other than paying the penalty, Costco has decided to maintain a program that will help it achieve business compliance to the CSPC Act as well as established internal procedures and controls system. These will ensure that Costco gives full disclosure to CSPC of information related to its products and which is in accordance with the law.

Although Costco has agreed to pay the $3.85 million civil penalties, it does not admit to the charges lodged against it by its employees.

Civil lawsuits from dissatisfied customers are not new to Costco. In April this year, the company was faced with a class action lawsuit for withholding a percentage of refund money for store memberships that had been canceled.

 

Montgomery Co. Animal Resource Center under Fire for Animal Deaths

The Montgomery County Animal Resource Center (MCARC) has come under fire for putting to death animals too quickly while there are owners are sometimes still looking for them. While the resource center argues that it offers shelter to these animals until an appropriate time when it is deemed right to put the animal to death, other people say that the resource center has turned into a slaughterhouse. They argue that the resource center is no longer a shelter but a death row. A few days ago, a couple came forward and sued the resource center for its heinous acts.

In the recent days, two euthanasia deaths have been highlighted involving dogs that were put to death at the resource center, angering owners who were still on a search mission to try and find their dogs. One of the victims, Savannah Slorp who resides in Dayton said that she was “completely crashed” and didn’t know what to do when she learned that her Labrador retriever, Brownie, had been put to death by the Montgomery County Animal Resource Center.

Endless Searching

Slorp lamented that she had been searching for Brownie everywhere and she had contacted the resource center a countless number of times but every time she contacted them, they kept telling her that her dog wasn’t there although she was there. Brownie was allegedly euthanized in July, but Slorp didn’t find out until September.

Critics of the resource center say that lots of animals are being put to death without enough effort from the center to return them to their owners or find foster homes for them. What is even more interesting is that some of the criticism is coming from people outside the area who learn about the negligent acts through social media.

More than 3,000 Animals Euthanized

The county officials have revealed that at least 3,000 cats and dogs were euthanized last year, but it maintains that a majority of these animals were unhealthy and in severe pain. Michael Colbert, the Montgomery County administrator, says that euthanasia is an unfortunate reality for animals and every decision to go in that direction is usually taken seriously, and such a decision can only be made for animals that are grave ill or injured and who show aggression.

Critics of the resource center have come together and formed a Facebook page named “Injustice at ARC.” The county administrator says that some of the proponents of these groups have gone ahead and subjected the ARC staff and their families to harassment and constant social media attacks. More people have come together, and they are now pushing for immediate change at the ARC to ensure that all animals at the facility get the justice that they deserve.

 

Facebook Denies Claims that It Aids Human Trafficking and Child Sex Exploitation

Facebook has come out and defended itself following claims that it doesn’t employ the right measures to protect its users against human traffickers and sex abuse. While responding to a lawsuit filed against it, Facebook said that it works both internally and externally to thwart the efforts of such predators. Today, Facebook is the largest online social network with over one billion registered users.

A spokeswoman for Facebook reiterated that human trafficking is abhorrent and it isn’t allowed on the social network. She further stated that they use sophisticated technology to prevent such kind of abuse and also encourages its users to use the reporting links found across the site to alert their team of experts so that they can review any malicious content swiftly.

Facebook Sued

Recently, a Texas woman who was identified as Jane Doe filed a court case against the Mark Zuckerberg owned social network in Harris County District Court claiming that she was enticed into child prostitution at a tender age of 15 by an adult man who she met on Facebook. However, she acknowledged that she didn’t do enough to verify his identity and establish his motives before engaging him. She said that she didn’t expect sex traffickers to be lurking on Facebook and that the company would have done something to stop it from happening.

The Facebook Spokeswoman further claimed that the company works closely with anti-trafficking organizations and well-established technology companies who help them to report all instances of child sexual exploitation to the National Center for Missing and Exploited Children (NCMEC).

In her lawsuit, Jane Doe argues that she was fooled by the child sex traffickers who sent her a message through Facebook in 2012 because the trafficker appeared to know some of her real-life friends. She went ahead to agree on meeting the man who even offered to console her after an altercation with her mother but instead of comforting her, the man raped her and went ahead to post her picture on Backpage.com so that she could be prostituted.

Anti-Trafficking Law

The federal authorities shut the notorious Backpage.com website earlier this year after a thorough investigation by the Justice Department into the allegation that the site was mainly used for prostitution. Backpage.com and several of its employees have been named in Doe’s case as the key defendants.

The lawsuit was filed several months after the United States Congress passed two bipartisan anti-trafficking bills namely; the Fight Online Sex Trafficking Act and the Stop Enabling Sex Traffickers Act. These two bills were signed into law by President Donald Trump in April this year.

 

Repeated violations by Happy Valley Nursing and Rehabilitation

Happy Valley LLC, which operates out of Malvern Arkansas under the provider name Happy Valley Nursing and Rehabilitation, has repeatedly mishandled sexual harassment complaints brought forward by its female employees. Federal officials at the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against the company in which it alleged that Happy Valley violated federal law by firing victims that came forward with claims of sexual harassment.

Based on the details outlined in the lawsuit filed by the EEOC, employees within the Happy Valley organization were aware of the culture of victim blame and punishment, in which those who were sexually harassed and came forward were terminated, with no action taken against their accused.

These sexual allegations within the company violated Title VII of the Civil Rights Act of 1964 which considers sexual harassment a form of sexual discrimination. Happy Valley further broke anti-discrimination laws which prohibit retaliation against individuals reporting discrimination, or opposing company actions they believe discriminates against individuals.

The Lawsuit further states that the company had knowledge of the harassment of its female employees for a number of years, receiving reports back in May of 2016 and as recent as May of 2018. Authorities within the company, upon receiving reports, would continuously promise the victimized women that the issue would be addressed, but failed to ever do so. This inaction by management created a predatory environment in which other harassment went unchecked, with subsequent victims fearing to come forward.

The EEOC is responsible for enforcing the laws against discrimination and violations of employee rights, such as those committed at Happy Valley. The agency first took action to address these violations and find a resolution by trying to utilize its conciliation process to reach a pre-litigation settlement. After this proved to be unfruitful, the EEOC went on to file suit against Happy Valley in the U.S. District Court for the Western District of Arkansas Hot Springs Division, Civil Action No. 6:18-cv-06089. The suit comes with an injunction against future discrimination and violations and seeks monetary relief for the victims.

From DC to Hollywood to companies across the country, sexual harassment and discrimination violations are being dragged into the light and are being further highlighted on social media through movements such as the #metoo campaign. Victims are now finding it much easier to come forward with this social support, and the EEOC is doing a good job at combating the violations reported to them.

EEOC v. Safeway, Inc. – Lawsuit for Disability Discrimination During Hiring Process

In a lawsuit filed against Safeway, Inc. today, the U.S Equal Employment Opportunity Commission (EEOC) claims that the grocery chain store acted contrary to federal law. EEOC accuses Safeway of refusing to assist and employ a competent deaf applicant for a number of store jobs in Seattle, Washington.

According to the commission, Joel Silbert made an online application in July 2017. Through the application, he sought food, courtesy, produce and Starbucks clerk jobs at a Safeway store located in Seattle’s Capitol Hill neighborhood. Silbert was shortlisted for an interview based on his qualifications and experience working similar jobs. Things took a different turn when Silbert revealed that he would need an interpreter for the interview since he was deaf. The in-store hiring recruiter responded to this, saying that she had no idea about providing interpreters. The recruiter declined Silbert’s offer when he provided names and contact details of some interpreters that Safeway could engage for purposes of the interview, saying that she would respond to him. EEOC says that since Silbert did not hear from them, he decided to place several calls to the store over the following week. He was either placed on hold or told that nobody was available.

The act of turning down a qualified applicant based on disability runs contrary to the Americans with Disabilities Act (ADA). Before filing suit in US District Court for the Western District of Washington the EEOC had tried to use their conciliation process to negotiate a pre-litigation settlement. Apart from monetary damages for Silbert, the EEOC also seeks injunctive relief, including but not limited to training on anti-discrimination laws, posting of notices at the workplace and compliance reporting.

Nancy Sienko, EEOC Seattle Field Director, said that it is important to ensure that fears and stereotypes do not hamper objectivity while evaluating an individual’s potential at the workplace during the hiring process.

Sienko pointed out that in its 2017 – 2021 Strategic Enforcement Plan (SEP), the Commission had identified six national priorities. Among these priorities was the elimination of barriers in hiring, particularly hiring practices that discriminate against people living with disabilities.

Teri Healy, the Senior Trial Attorney for EEOC, made it clear that this particular applicant not only had the requisite qualifications but was also worthy of being considered for a job at the grocery store. He went on to note that the supervisors he previously worked under were satisfied with his performance and that customers were fond of him. Healy argued that were it not for the disability discrimination that frustrated his efforts to get hired, there was no reason why he would not have done equally well at Safeway.

Claims of Sexual Molestation of Children by Catholic Clergy

There is a recent case in Pennsylvania where a Catholic clergy is accused of sexual abuse. This has led to prosecution from three individuals seeking justice for the affected victims. The lawsuit was filed at the court of Common Pleas for Allegheny County, with the hope of getting justice and also protecting the children who are currently attending Catholic schools. The plaintiffs hope that the jury will compel the Catholic diocese to release the names of those who committed these heinous acts.

The lead plaintiff Ryan O’Connor, who was sexually abused at a young age, has two children enrolled in a Catholic school. According to him, the healing process of sexual abuse survivors is excruciating especially if done by religious leaders. At a point, one may be forced to choose between their recovery and religion. O’Connor says that the main aim of filing the lawsuit is to ensure that the children currently attending Catholic schools don’t have to face similar ordeals as their parents did.

The plaintiff claims that until the church agrees to reveal the names of these sexual predators, their children are still not safe. It will continue being treated as a Church cover-up until it owns up to its mistakes and allows the offenders to face the law. Each diocese is to release the names of all their suspected sexual predators and satisfactorily convince the court that they have done so.

Six Catholic dioceses are targeted in this lawsuit which includes Allentown, Greensburg, Pittsburg, Scranton, Erie, and Harrisburg. According to the grand jury in charge of the investigation, the church has continually protected the priest who faces accusations of sexual abuse of children. These dioceses are accused of failing to report priests who molest children, only 10 out of the 301 accused priest are currently listed in Pennsylvania’s Megan Law Database. Notably, the Pennsylvania mandatory reporting law requires every clergy who is aware of child abuse to report to a law enforcement agency.

According to Hancock, it is shameful that the church has lost its values and common sense no longer prevails. Worse still, it is disgraceful to learn that the respected Catholic Church can go to the extent of controlling the information that reaches the public. People deserve to know what happens to their children and the church should not withhold such information.

Jail Officials’ Negligence Leads to Death of a Woman in A Nevada County Jail

Three days after she was arrested and jailed for driving with a suspended license and unpaid tickets, Kelly Coltrain died in her jail cell. According to the family of the deceased woman, before her death, Kelly Coltrain pleaded with the guards to be taken to the doctor but her pleas fell on deaf ears. She was struggling with drug addiction and had a history of seizures, a condition she revealed to the guards at the Mineral County Jail moments after she was arrested.

 

At one point she asked to be taken to a doctor but the guard told her that she wouldn’t be taken to the doctor just to get her ‘fix.’ According to Terri Keyser-Cooper, the family attorney, Kelly Coltrain suffered painful withdrawals hours before her death, and the guards didn’t do anything to help her. According to the lawyer, there’s hospital right across the street, it could have taken the guards about two minutes to get her to a doctor and yet they just left her to die.

 

Deliberate Indifference

 

CCTV footage shows the 27-year old throwing up and convulsing in her jail cell the day she succumbed to the effects of withdrawal. The disturbing footage even captured a guard ordering her to mop up her own vomit in her agonizing final hours. She appears to pass on about an hour later, which was around half past six in the evening. A guard checked on her at around midnight and found her cold and unresponsive. Her body was removed from the cell at around 5:30 am, about 11 hours after she died.

 

According to Keyser-Cooper, the attorney, Coltrain’s death was as a result of deliberate indifference to a serious medical needs on the part of the Mineral County Jail. Last week, the Coltrain family (through their lawyer) filed a federal lawsuit against the jail officials. In the lawsuit, the family accuses the officials of inflicting cruel and unusual punishment on Kelly Coltrain and violating her rights. The guards captured in the CCTV footage have since been dismissed by the county jail.

 

Wrongful Death lawsuit of Hall of Famer Tony Gwynn settled out of court

A 2016 Wrongful Death lawsuit concerning Hall of Famer Tony Gwynn has reached a settlement this week.

Gwynn’s family filed a Wrongful Death lawsuit after years of chewing tobacco led him to develop salivary gland cancer. He died in 2014 at age 54 as a result.

Gwynn’s smokeless tobacco addiction began about ten years prior to when health warnings about smokeless tobacco were required to appear on all products. by then, he was “hopelessly addicted” and continued using it for over 30 years. Smokeless tobacco was historically a staple in baseball, with its use on the field only forbidden for players who make their debut in 2016 and onward. The process of eliminating it from the sport is still ongoing.

Two years after the filing of the Wrongful Death suit by Gwynn’s family, they and the U.S. Smokeless Tobacco Company have reached a settlement over Gwynn’s death.

Originally, Gwynn’s family sued for an amount meant to cover funeral costs, inheritance and loss of financial support. Though the settlement was handled privately, it was said to have been to the satisfaction of both parties involved.

Though the settlement amount remains undisclosed and the terms of the deal are to remain confidential, a similar case in 2010 resulted in the company agreeing to pay $5 million to the family of a deceased North Carolina man who died battling mouth cancer. It’s expected that this lawsuit was settled for a similar dollar amount

Settling the lawsuit instead of taking it to court benefits both parties in the long run. The U.S. Smokeless Tobacco Company eliminates the negative press that comes with a lawsuit, while Gwynn’s family can avoid the years of litigation sure to follow. The U.S. Smokeless Tobacco Company, having more resources than the Gwynn’s, would be able to extend the court case for a significant period of time should the have made it into the courtroom. The company also would have struggled, as San Diego holds much love for Gwynn, and winning a court case there would have proven to be a challenge.

The original case was set to have a trial date in Sept. 2019.

 

Was This Theme Park Liable for an Incident Involving a Teenage Girl Injured on a Ride?

A Theme Park owner in Joliet, Illinois is being sued by a riding passenger who was allegedly injured on one of the park’s haunted teacup rides.

Theme park liability can seem like murky legal territory. Indeed, there are many different state statutes and legal jurisdictions as well as federal regulation from the Consumer Product Safety Commission, according to SafeParks, who holds a database of states and agencies.

Frank Sikora is the owner of the Haunted Trails Theme Park in Joliet. The business was passed down by his father. He disputes the claim that his park and the rides within them were responsible for a teenage girl’s injuries, which were sustained while participating in riding them. The girl, according to local media, was ejected from the Bone Shaker ride in the Haunted Trails theme park.

The passenger was Ashley Brouk, of Farmington, Missouri. At the time of the incident, she was 14 years old. A lawsuit filed against Haunted Trails claims that there are no warning signs for the speed of the ride’s cars and no restraint systems. The girl was reportedly hit by another teacup car once ejected from the one she was riding. The lawsuit alleges that the ride’s operator refused to stop the Bone Shaker ride while the situation was taking place. John Kolb is Brouk’s attorney in the case. According to Brouk’s attorney, John Kolb, the girl suffered a variety of ailments including scars on her head on two sides, memory loss, head injury, and migraines.

Residents and the park’s owner agree that the Bone Shaker is wildly popular. It consists of several teacup cars adorned with Skulls, bones, and skeletons. There is a ghost in the center of the ride for decoration. Signs posted, according to reports, read “Ride at your own risk” or require small children younger than 5 years old to be with an adult. Sikora said the ride is safe and many children have ridden the ride over the years and never been injured. He also argued that Brouk was standing up on the ride and told to sit down by an operator. Sikora also said Brouk’s uncle, with her on the ride, said he was at fault for the incident. Sikora also said his insurance company investigated and found the park had no liability.

Kolb argues that an insurance company has a financial interest in the avoidance of liability in the matter, so they are not properly fit to make such a judgment the way a jury could. However, Sikora said there is a witness that saw Brouk standing up and told to sit. Once ejected, Brouk’s stepfather claims he told the operator to stop the ride and the operator refused.

In this case, the facts amount to one or even both party’s honesty about really happened. Did the ride operator refuse to stop the ride? Could he stop the ride and stop it safely? Was Brouk standing and were posted signs at the park sufficient for patrons of the rides to understand appropriate conduct on the ride? Was safety a priority at the park and were safety guidelines clear enough for the average rider to interpret? Kolb said Brouk seeks in excess of $50,000 plus court costs and attorney fees.

 

The Tucson Pollution

After pollution was discovered in Tucson, immediate shut down of the wells was done. There were toxic chemical compounds found in dangerous concentrations of water in wells at the north of Davis-Monthan Air Force Base. The two compounds that were discovered in the well were PFOS and PFOA. These compounds are commonly used in the manufacture of carpets, stain resistant fabrics for furniture, clothing, and as part of a firefighting foam at Air Force Base. The two wells that were contaminated near Davis-Monthan were used for a short period, during the hottest time of the year which was around one to two months, and the other one was used as a spare well to pump water for 20 to 40 minutes after several months.

According to records, D-M used the firefighting form compound for four decades. These compounds are said to be linked with the study to form kidney and testicular cancer, and reproductive and developmental problems. The Air Force replaced these compounds with Aqueous Film Forming Foam, which is an environmentally friendly substance. It is the most efficient method of extinguishing petroleum fires. Since the pollution was discovered in 2016, it registered a rise in 2017 which raised a lot of concerns to the officials.

These issues lead to the Tucson council taking legal actions against chemical giants 3M and other companies that manufacture PFOS and PFOA. Drastic times call for drastic measures. According to councilman Kozachik, 3M knew about the health risks that the particular compound could cause. The purpose of taking legal action was to make the companies pay for the construction of a regional water treatment plan to remove the toxic chemicals and new wells to offset the city’s capacity to produce clean edible water. Tucson medical center was the first medical institution in Arizona to sue large distributors and pharmaceutical companies in the United States of America.

These wells have not been used for quite some time, and most were failing before they were even shut down. The city water council hope that they will get a clear picture on how far the contamination has spread; this will help them determine when the problem will be solved.