Jersey Shore’s Belmar Hit With Yet Another Lawsuit

The borough of Belmar was served with another lawsuit this past Monday. The new suit alleges that Belmar Mayor Matt Doherty and most of the Borough Council illegally used the borough’s Beach Utility Fund over the past four years and also raised beach parking fees to pay for expenses not relating to the beach.

plaintiffs-allege-jersey-shore-belmar-used-revenueThe language of the complaint insinuates that Mayor Doherty and the council acted in the manner described above in the interest of Belmar and its taxpaying constituency. The plaintiffs allege that Jersey Shore’s Belmar used revenue raised from beach fees to pay for a myriad of expenses that did not actually relate to the beach.

The complaint also challenges the legal basis for the recently adopted Belmar ordinance that increased beach parking fees twofold along the Ocean Avenue boardwalk. Additionally, the lawsuit challenges Belmar’s spending of the money in its Beach Utility Fund to cover legal fees. This includes a $925,000 payment made to settle a lawsuit regarding unpaid fees allegedly owed to Birdsall Engineering for services that only partially related to the beach.

The latest suit states that the new beach parking fee ordinance which increased the fee twofold, is in violation of the Public Trust Doctrine. It forces beachgoers to pay a charge that benefits Belmar taxpayers. The suit also refers to the Department of Environmental Protection’s legal requirement that beach parking fees be spent exclusively on beach maintenance and operations. One of the plaintiffs, Patricia Corea, states that the borough should have prevented tax increases by limiting or freezing its spending. Corea and her fellow plaintiffs believe that the mayor and the council have betrayed the public’s trust. This new suit is the latest of several suits filed against Belmar’s beach practices.

they-have-been-front-center-many-legal-challengesThe group of plaintiffs is led by Belmar resident Joy DeSanctis and represented by former Mayor Kenneth Pringle’s law firm. They’ve been front and center for many of the legal challenges against the borough. DeSanctis alleges that the current mayor has displayed a pattern of using Belmar accounts to pay bills unrelated to public services. She alleges that Mayor Doherty has “…disregarded the true obligation of the accounts and legal guidelines of [their] use.”

The plaintiffs demand that the court order the borough to place all Ocean Avenue parking fee proceeds in the Beach Utility Fund. They also demand that the court issue an order that bars the borough from using the money derived from its “Buy-a-Board” effort for anything but the boardwalk.

3D-Gun Maker Sues Government Alleging his Free Speech Rights Have Been Violated

Cody Wilson, the creator of the 3D-gun has filed a lawsuit against the federal government’s State Department. Two years ago, government officials demanded that Wilson remove the instructions that he had posted online to teach readers how to build 3D-printed guns. Wilson argues that his Internet instructions are merely code and represent his freedom of expression as well as his right to bear and manufacture arms. Wilson has targeted the State Department wilson-video-shooting-3d-gun-on-internetin his lawsuit as it allegedly threatened him to remove the code. He alleges that the State Department’s orders violated his right to freely express himself.

The instructions that Wilson posted on the world wide web teach readers how to build a small single shot plastic handgun called “the Liberator.” Wilson made quite the splash when a video of him shooting the first ever 3D-printed gun made it onto the Internet back in 2013.

The State Department quickly contacted Wilson when he publicized the directions to create replicas of the 3D gun. They threatened him with enormous fines as well as criminal charges. The department alleged that Wilson might have been in violation of export rules regarding military technology and weapons.

Wilson is now on the legal attack with the help of first and second amendment attorneys who want to protect free speech. His federal court lawsuit argues that the directions he posted on the web are simple code and constitute his right to free speech. The suit alleges that the censorship of code is analogous to the violation of Wilson’s right to bear and manufacture arms. Wilson argues that his Internet postings should be protected by the Constitution’s first amendment and that this case is about much more than merely the right to bear arms.

When the State Department demanded that Wilson remove his uploaded files, they cited a group of federal rules known as the International Traffic in Arms Regulation (ITAR) that aims to control the importing and exporting of technology and weapons. It is also designed to protect military secrets. They argued that posting gun-making code to wilson-code-downloaded-torrent-websitesthe web might equate to illegally providing blueprints across the globe without the proper license. Yet the department never actually determined if Wilson needed a license to post his code. Wilson’s code was downloaded over 100,000 times in only two days and has since spread to Torrent websites.

The progress of Wilson’s lawsuit will be closely monitored by attorneys, legal watchdogs, the media and a number of other interested parties who are concerned with free speech rights. At the crux of the suit is whether the federal government should have any authority over the sharing of information in an online context. It will also provide some clarity as to whether the courts will still treat code as speech similar to musical notation or mathematics. If Wilson wins, he will be able to post his 3D-gun making code to the web and also receive compensation in the form of punitive and exemplary damages.

Pediatric Dentist Allegedly Torturing, Abusing Children

A pediatric dentist accused of torture is being sued for that, fraud and abuse. Class action lawsuits surrounding this office have been filed. Despite being under investigation and there being constant protests, the dentist office remains open. The lawsuit allegations include physical and psychological abuse, claiming the dentist’s actions to be of a sadistic nature.

long-list-of-complaints-against-dr-schneiderA long line of complaints are coming from parents, who state their children were physically abused by Dr. Howard Schneider. The dentist office is also being investigated by the Florida General Attorney for Medicaid fraud. This case was filed first and separately from the abuse and torture allegations.

The abuse and torture suit states that Dr. Schneider’s desire to inflict pain upon others is what drew him to open the dental practice. It also alleges that he specifically chooses children of those who are uneducated, have lower income, and who don’t speak English to lessen the possibility of them having the ability to report the actions.

Some of the parents are stating that children were threatened or frightened with phrases like “Your mom will die if you tell” to avoid them telling their parents or another authority. There are claims of kids being choked to the point of passing out, instead of given proper anesthesia. The suit also claims that non-medically necessary procedures were done without proper anesthesia and were billed to Medicaid.

There are also complaints about kids being strapped down or coming home with cuts, bruises, and other injuries or marks. The suit alleges that the pediatric dentist gets some sort of sadistic sexual pleasure out of torturing defenseless child victims.

suit-alledges-pediatric-dentist-sadistic-pleasureWhile Dr. Schneider hasn’t ever served time or been convicted for these types of acts, there is a history of prior, similar lawsuits that got dismissed. The Jacksonville Sheriff’s office has also been called to his office for complaints regarding excessive force against the patients.

It will be interesting to see where this case progresses and whether or not the pediatric dentist is found guilty. Many parents are avoiding the practice and some continue to protest against Dr. Schneider for these alleged acts. Though more are complaining, four parent accounts are outlined in the pending lawsuit. The entire text of the lawsuit can be found on Scribd.

Philly Police Brutality Lawsuit Follows Scathing Justice Report

A new class action lawsuit seeks reforms in the Philadelphia police department following the shooting death of a man during a police stop in December. The lawsuit comes on the heels of a Justice Department report that found the justice-department-reports-philly-policePhilly police shot about one person each week since 2007, with the high rate attributable to mistrust by the public, training flaws and other system-wide problems.

Tanya Brown-Dickerson, the mother of Brandon Tate-Brown, filed the police brutality lawsuit, which asks a judge to put in place the recommended reforms outlined in the Justice Department report. The suit also seeks appointment of an administrator to ensure that city police comply.

Tate-Brown, 26, was fatally shot by a Philadelphia police officer after being stopped in Philadelphia’s Frankford neighborhood for operating his vehicle with the headlights turned off. The district attorney declined to file charges against the officer, ruling that Tate-Brown had been reaching for a gun in the car when he was shot. Both officers involved are back on duty, and the city’s police commissioner has refused to make their names public.

Differing Accounts of the Shooting

Investigators reported that within minutes of officers pulling Tate-Brown over, one officer began firing his weapon during an alleged violent struggle for a stolen and loaded handgun in the car, notes Philly.com.

However, Tate-Brown’s mother contends that officers pulled over the young man for “driving while black.” Tate-Brown was driving through a primarily white neighborhood in a rented, 2014 white Dodge Charger with Florida license plates. Tate-Brown’s mother states that her son was not armed when one of the officer’s bullets struck him in the back of the head.

Justice Department: Numerous Police Shootings

nearly-400-times-philly-officers-fired-at-suspectsNearly 400 times over the last eight years, Philadelphia police officers have fired their weapons at suspects, the Justice Department report noted. Most of the 454 officers involved were on patrol at the times of the shootings, and most of the suspects and officers involved were black, the New York Times reports.

Officers often said they believed the suspects were reaching for weapons, although suspects were actually holding mobile phones or other objects; 59 suspects were not armed at the time they were shot.

Lawsuit Aims for Disclosure

The new lawsuit alleges that police were unjustified in stopping Tate-Brown, that they wrongfully arrested him and that they used excessive force. In addition, police botched the investigation and subsequently covered up the details, the suit contends.

Lawyers for Brown-Dickerson also want the names of the involved officers released, along with additional evidence including surveillance videos. The suit also states that other citizens interacting with police may be in danger because of a persistent lack of training and poor investigation techniques.

Misconduct Lawsuits Lead to Change in San Diego Police Department

A woman who was alleged to have been groped by an on-duty police officer has settled her lawsuit for $250,000 in an agreement reached with the San Diego City Council on Tuesday, April 28th, 2015.

The Officer, Donald Moncreif, allegedly groped her after she was arrested on suspicion of driving a stolen truck. She claimed that the officer made unwelcome sexual comments. He then allegedly exposed himself to her and touched her breasts. The incident occurred in February of 2013.

moncrief-left-police-departmentMoncrief left the Police Department after the incident. No statement has been released to determine whether he was fired or he resigned from duty. He is now 40 years old. The woman was not charged with anything and there was an investigation after the incident. Moncrief was unable to be contacted after the conclusion to the lawsuit.

A lawsuit was filed by her attorney Daniel Gilleon against the city as well as the officer on her behalf. The payment of $250,000 to the victim settles the lawsuit. A total of $1.3 million was also paid to two other women who claimed assault by another previous officer, Christopher Hays.

The lawsuit claimed that the department was not very good at policing their force. There was an alleged unofficial policy that allowed misconduct. This was possible by not informing other officers in the unit. Given the outcomes of these lawsuits, it appears as though the council is trying to get the police department under stricter control. There have been three allegations against 3 separate police officers that have been fought by San Diego criminal attorneys.

two-officers-present-when-female-arrestedSince these allegations and lawsuits, many changes have been made on the force. There is now an official policy to report all incidents of misconduct by other officers. It is now also required that two officers are present when a woman is arrested and taken to jail. Police officers must now wear body cameras as well.

A lot of these changes have come from the new Police Chief Shelley Zimmerman. She was appointed in 2014. She has taken these incidents to heart and has publicly stated that she will not stand for officer misconduct. She also vowed to fire police officers who abuse civilians.

Councilman David Alvarez also spoke about the incidents: “We need to face this problem head-on and hold management accountable.”

Seattle Sued by Man Arrested for Carrying Golf Club

A man that was arrested in Seattle last summer for carrying a golf club as a cane has decided to sue the city and Seattle police officer, Cynthia Whitlatch. The African American 70 year old man, William Wingate, was arrested in golf-club-as-weaponJuly 2014. He was accused of using the golf club as a weapon. Wingate claimed that he was using the golf club as a cane.

Wingate, who had never been arrested before, spent 24 hours in the King County Jail. All of the charges were eventually dropped. His golf club was returned to him in January by the Seattle Police Department along with an apology.

Wingate decided to file a lawsuit just last week regarding the incident. He is seeking $750,000 in damages. The suit was filed in King County Superior Court after the city of Seattle failed to answer the the claim for damages for more than 60 days after it was filed. A claim for damages is required before a lawsuit can be filed against a governmental entity, such as a police department. Wingate filed the lawsuit against the police department and Cynthia Whitlatch.

In the discrimination lawsuit, Wingate claimed he was targeted because of his race. He noted that the arresting officer, Whitlatch made racially derogatory comments about his race and men around the time of his arrest on her personal Facebook page.

Wingate has gotten treatment for depression and post-traumatic stress since the arrest. He is now fearful of police officers he does not know, according to the lawsuit.In the lawsuit, he claims he was arrested while running an errand to pick up copies of The Facts Newspaper for his fellow church members and friends who live in an assisted-living home.

Included in the claim, is that Whitlatch pushed for Wingate to be charged with obstructing a police officer. She claimed that he was “one of the most obstinate, uncooperative and obstructive suspects” she had seen in discriminatory-comments-made-on-facebookher 17 year long career as a police officer. Ultimately, he was not charged with the obstruction claim.

After questions arose following his arrest, the Seattle Police Department apologized to Wingate about the incident and arrest. This lead to an open investigation about the arrest and Whitlatch’s discriminatory comments made on her Facebook page, a public forum.

According to Pierce Murphy, (the civilian head of the department’s Office of Professional Accountability -OPA), the Seattle Police Department still has 180 days to internally investigate the incident before responding to the lawsuit.

Woman’s Estate awarded $3.5 Million in “Take-Home” Asbestos Case

The estate of a woman who died of mesothelioma was awarded $3.5 million by a King County jury on Tuesday, April 21st, 2015. The woman, Barbara Brandes, died of “take-home” asbestos contamination on April 19, 2015, two days before the verdict.  Her husband, Raymond exposed-to-asbestosBrandes, who died in January, worked at the ARCO Cherry Point refinery and was exposed to the asbestos at the Whatcom County refinery.

Raymond Brandes died of several illnesses including asbestosis. Their daughter, Ramona Brandes remembers how her mother would shake chunks of the dusty debris from the refinery from her father’s clothing each day after work.  Raymond Brandes ultimately passed away from a non malignant asbestos-caused condition.

Barbara Brandes died on April 19th after being diagnosed with mesothelioma just last summer. She passed away the day before her lawsuit against Brand Insulations reached closing arguments. The lawsuit settlement payment was awarded after the company was found to be liable of negligence.

Seattle attorney, Matthew Bergman, represented Barbara Brandes. The trial lasted two weeks and still has some time before it is wrapped up.  A review of the verdict and other issues surrounding the case, by the presiding King County Superior Court Judge, is scheduled for June 5th  .

The award is the largest of all lawsuits in Washington state history that deal with “take-home” asbestos contamination. Raymond Brandes is said to have been unaware of the exposure to his wife and eight largest-reward-in-washington-statechildren. He had no idea that the contamination and toxins on his clothing could lead to asbestos related diseases.
According to his daughter, when he took the job at the refinery, they put in four showers for more than 200 workers. Employees would have to wait over 2 hours after their shift to take a shower and the company did not provide a laundry service. Raymond was unaware of this and, as a result, skipped his shower to come straight home many times.

Barbara Brandes began feeling ill in February of 2014. She was diagnosed with the disease four months later and was estimated to have one year left to live. The lawsuit was filed by both Barbara and Raymond Brandes in August. The defendants included ARCO, Brand Insulations, and five other companies. The couple cited negligence, willful or wanton misconduct, product liability, and conspiracy in their claim. the only company who refused to settle was Brand Insulations.

 

School District Comes to Settlement with Teacher in Free Speech Case

A lawsuit filed brought by a fired Wayne County, Ohio teacher has been settled in his favor, thereby avoiding a potentially long, embarrassing, and more expensive trial.  The teacher, Keith Allison was fired after expressing his support for vegan substitutes for milk on his personal Facebook page.  The school’s superintendent and principal met with Allison and warned him that Wayne County had a large agrarian presence, including dairy farmers, so he needed to be careful about his posts.

pictures-included-in-post-no-permissionPictures he included in his post were of the livestock of a local farmer, used without permission. When posting about a vegan lifestyle and providing a sort of indictment about cruelty to animals continued to happen, Allison was eventually fired.

The school district indicated that the lawsuit settlement payment was agreed to in order to avoid a lengthy and more expensive court battle.  Ken Calderone, the district attorney said that a court case could have been much larger than the agreed upon $17,500 settlement.  This amount was agreed upon as the amount of lost income Allison missed out on, and the contribution to his retirement plan.  As part of the agreement, Allison was required to apologize to the farmer whose cattle he took pictures of and posted on Facebook.

Allison was supported in his lawsuit by the ACLU of Ohio and People for the Ethical Treatment of Animals (PETA), who provided him with financial and legal assistance in bringing charges and ultimately pursuing the case for wrongful termination.  Calderone, speaking for the school district also said that the district had a policy regarding free speech outside of school, which this qualifies for since the post was made from home in the Summer. Allison will
use some of the settlement funds to give money to the ACLU and PETA, as agreed upon when they joined him in support.

school-district-policyAlthough not common, lawsuit settlement cases similar to this do occur from time-to-time regarding free speech rights and employers attempting to control that speech outside of the workplace.  In this case, the school district actually had a policy that indicated staff had free speech rights, as long as the speech was constitutional and didn’t cause an undue interruption at school.

 

Wrongfully Convicted – Why a Settlement Doesn’t Feel Like Enough

After going through a wrongful conviction lawsuit, Obie Anthony and his co-defendant, Reggie Cole, don’t think that the huge $8.3 million lawsuit settlement payment makes up for all the years they spent behind bars. A judge recently threw out Anthony’s murder conviction, but after spending 17 years in prison, Anthony doesn’t feel like the money makes up for the suffering he’s endured.

This lawsuit settlement payment settled a civil lawsuit that showed a murder investigation with many problems, such physical-evidence-connecting-to-murderas perjured testimony, withholding evidence, and ignoring leads pointing to other suspects.

The case goes back to 1994 when Felip Gonazales Angeles shot outside of a brothel in South Los Angeles. Both Anthony and Cole ended up convicted for this murder, even though no physical evidence connecting them to the murder was ever found. John Jones, the pimp running the brothel was the key eyewitness in the case. After being convicted of murder, both men were sent to prison without parole.

In 2000, Cole was charged with murder after stabbing another inmate to death. It was Cole’s claim that he acted in self-defense that brought light to his plight. Eventually, the California Innocence Project started looking into the case and found that Jones fabricated his testimony. Cole’s conviction was overturned in 2009, and two years later Anthony was released and was found innocent of the crime as well.

After both men were found innocent, they sued the city of Los Angeles and the detectives on the case for wrongful imprisonment. The suit alleged that detectives wrote reports mischaracterizing eyewitness accounts, suppressed evidence, and protected Jones, ignoring his illegal activities and failing to pursue alternative theories in the case.

While not all lawsuits result in a settlement payment, in this case, Los Angeles paid out $8.3 million to Obie Anthony. Both Marilyn Bednarski and David McLane represented Anthony in this case, and McLane commented that Anthony was paid such a huge settlement because of police wrongdoing and Anthony’s innocence. However, he-has-plans-for-the-moneywhile Anthony was awarded a settlement, the city has never admitted to any wrongdoing and argues that detectives properly conducted the investigation.

Although Anthony doesn’t feel like the money takes care of his suffering, he does have plans to move on. He plans to use his money to open a transition center for exonerated prisoners, giving them a place to go and people to rely on once they’re released from prison.

 

Amazon Files Lawsuit Over Fake Reviews

Amazon has recently filed a lawsuit against several different online companies that participate in the sale of forged reviews. Businesses who have poor reviews on their products can seek out services where anonymous writers will lawsuit-against-different-online-companies-forged-reviewsdeliver fake five-star reviews as a means of deceiving buyers into purchasing poorly rated products.

Amazon alleges that these sites are infringing on trademarks, as well as engaging in deception, and they are seeking a lawsuit settlement payment as compensation for the resulting damages. Many of the sites specifically offer Amazon reviews, with names such as BuyAzonReviews.com and BuyAmazonReviews.com, which Amazon argues is in violation of their trademark.

The entire purpose of reviews is for consumers to gain honest feedback from other consumers about the safety, reliability, viability, and durability of a product. When companies engage in the posting of fake reviews, it not only encourages deceptive marketing but can also proliferate the usage and consumption of faulty or dangerous products.

One of Amazon’s key services is to provide an immense product selection and accurate reviews, and it provides a valuable resource for conscientious consumers. It is currently the largest and most used product search engine on the web. As such, the existence of fake reviews not only damages the customer experience, but it damages the
reputation of Amazon as well.

amazon-warehouse-largestLawsuits such as this are imperative to maintaining the reputability and trustworthiness of businesses, so consumers can continue to have confidence and assurance over the products they purchase. Amazon took a noble step in filing a lawsuit, which will hopefully serve as a warning to others hoping to profit off of the callous deception of consumers. Though, as James Tenser from VSN strategies stated, “Paid ads should be identified as such. Amazon’s legal action is welcome now, but Amazon has already profited greatly over the years from turning a blind eye to this odious practice.”

While Amazon may have ignored this problem for far too long, hopefully this lawsuit is indicative of a needed change in business practices, where honesty and integrity prevail over profits and deception. Unfortunately, forging reviews is a pervasive problem, and it will take a lot of work on behalf of Amazon and members of the reviewing community to hold all businesses accountable for these detrimental practices.