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.

Exploring Suits Between US Government and Jacksonville Ambulance Companies and Hospitals

According to a suit filed by the US federal government, Century Ambulance and Liberty Ambulance allegedly collaborated with four area hospitals to transport Medicare and Medicaid patients lacking true medical need, in Jacksonville, Florida. The patients all ended up at one of four regional hospitals: Orange Park Medical Center, UF Health Jacksonville, Memorial Hospital and Baptist Medical Center Jacksonville, landing those institutions in hot water as well. The suit government-lawsuitstrongly suggests the ambulance companies fraudulently claimed more than 15 million dollars for those misrepresented patients.

The case sailed along to the settlement stage with help from key witness, EMT Shawn Pelletier. The witness testified about witnessing document falsification when billing US government controlled insurance programs. Pelletier will collect a portion of the lawsuit settlement payment for his participation as a whistleblower for this case.

Of course, the ambulance companies and hospitals all deny purposefully filing fraudulent claims in an effort to collect more money. In fact, the named institutions and companies decry the need for the lawsuit settlement cases at all. The operating managers blame a lack of adequate employee training in addition to the complexities of Medicare and Medicaid filing rules for the discrepancies. The companies intend to rectify the problem through increased training and alternative transportation options for stable patients.

Until the lawyers working for both sides finalize the written up settlement agreement, the case continues to sit in limbo for the time being. In the meantime, the government filed a second lawsuit against Liberty Ambulance for additional claims found during the discovery period of the trial. The settlements only seek to collect the money wrongfully taken from the government’s insurance accounts. Unless the lawyers can prove criminal wrongdoing by the responsible parties’, the case will not result in felony fraud charges for all of those involved.

the-judge-will-assign-termsThe companies’ deemed responsible for the fraudulent claims must repay the total listed amount by the given date or face further repercussions. The judge will assign the terms of the lawsuit settlement payment upon giving the final order on the case. For the foreseeable future, all further claims from these companies, and related claims from un-involved entities, will be under intense scrutiny by all US government insurance representatives.

U.S. District Judge Allows Former NHL Players to Pursue Lawsuit Against League

Former NHL players including All-Stars Bernie Nicholls and Gary Leeman have begun proceedings for compensation for concussion related injuries acquired during the game.

Judge Susan Nelson has confirmed the validity of these claims put forth by about 70 former NHL players in the lawsuit against the League claiming that they knowingly withheld information about the long term effect of concussions.

This is not the first lawsuit settlement case of its kind. A precedent was set by the NFL on July 7, 2014 when United States District Court granted preliminary approval of a settlement in a similar case. The proposed settlement will offer three benefits: medical exams for retirees, monetary awards for diagnosis of ALS, Alzheimer’s, Parkinson’s, Dementia and certain cases of chronic traumatic encephalopathy or CTE diagnosed after death and finally, and NHL-accountableinitiatives related to football safety.

Lawsuit settlement cases such as this are designed, not to make anyone rich, but to allow them to live their lives with the conditions caused by negligence of their former employers. This lawsuit is expected to cost the league nearly one billion dollars.

The attorneys for the former players stated: “It is time for the NHL to be held accountable for deliberately ignoring and concealing the risks of repeated head impacts, and finally provide security and care to retired players whom the league has depended on for its success.”

The League replied: “While we would have hoped for a different result on this motion, we understand that the case is at a relatively early stage, and there will be ample opportunity for us to establish our defenses as the discovery process progresses.” They also argued for dismissal of part of the lawsuit because of the amount of time that has passed since many of the players suffered injuries.

sports-concussionThe plaintiffs are seeking unspecified financial damages and medical monitoring for the myriad of neurological disorders that are common among both former NHL and former NFL players, such as Parkinson’s and Alzheimer’s disease. Their lawsuit will increase awareness of the dangers of concussion injuries and increase safety standards by the league, regardless of the lawsuit settlement payment.

Former BYU Student Settles Landlord-Tenant Lawsuit

apartment-complexAndrew White, a former BYU student, has settled a highly publicized eviction lawsuit. White was evicted from his Provo apartment complex after his landlord claimed that he violated policies in his lease along with BYU’s code of honor and residential living standards. White, who is gay, allegedly had a dispute with his roommates over food which eventually led to them kicking him out of the house. His roommates allegedly turned against him after he admitted that he was gay and professed his adoration for one of his fellow apartment tenants.

White was evicted from his apartment in the Village at South Campus in Provo on January 23. The eviction occurred 10 days after the conflict with his three male roommates. Court documents show that the altercation included gay slurs directed at White. It eventually led to a physical fight that left White with a couple of bruised ribs.

White subsequently filed a lawsuit on March 19 based on landlord-tenant law and did not actually claim that he had been victimized by the apartment complex due to his sexual preference. White’s suit named the apartment complex’s owner, Peak Joaquin Holdings, LLC, as the lone defendant. The apartment complex is approved by BYU, so tenants are supposed to adhere to the university’s moral code. While it can be argued that White’s behavior does not mimic the religious principles of the university’s owner, The Church of Jesus Christ of Latter-day Saints, his argument was strong enough to force the defendant’s hand.

settlement-termsTerms of the settlement were not disclosed. Yet White demanded damages in excess of $100,000, so it is believed that he emerged from the conflict with a sizable lawsuit settlement payment. White demanded such a large sum in order to pay for his relocation costs, damages, the repair and replacement of personal belongings and compensation for stress, fear and anxiety that he has endured since his eviction from the Village at South Campus.

Lawsuit settlement cases like White’s are quite common as most defendants would rather settle in order to avoid the costs, time commitment and risks associated with retaining legal counsel and proceeding through court hearings, testimony and so on.

Zynga Will Answer for Hiding Information Prior to Initial Public Offering

Zynga Inc. has regained the spotlight following a recent U.S. District Court decision regarding allegations of fraud prior to the company’s initial public offering (IPO) in December 2011. This decision comes less than one year after similar allegations were dismissed following testimony of employees and witnesses of Zynga’s fraudulent business practices.

nasdaq-zyngaAccording to the NASDAQ, Zynga Inc.’s stock currently sits at $2.865 a share on March 31, 2015. However, the company’s previous history predictions of high ROIs fell short following the launch of Zynga’s IPO in December 2011, which ultimately led to the current legal situation involving fraud, concealment of business expectations, and inflation of its 2012 revenue forecast.

U.S. District Judge Jeffrey White released a statement to the public on March 25 that shareholders of Zynga Inc. would be able to continue legal proceedings for Zynga’s fraudulent claims.

On March 2, 2012, Zynga saw a peak in share prices at $15.01; however, the price dropped to less than $3.00 per share four months and 24 days later. While this appeared to be nothing more than a slump in sales and user spending at first, witnesses’ accounts reveal a sinister side to Zynga’s IPO.

According to more than six confidential witnesses, protected by the Whistleblower Act, Zynga management purposely committed fraud to give shareholders a false sense of security and increase purchases of Zynga shares following Zynga’s IPO.

White said, “Confidential witnesses all corroborate that the updates on game users and spending data was readily accessible to Zynga’s management,” which supports shareholder’s claims that Zynga knowingly hid information to produce a strong 2012 forecast.

The true heart of this situation, Zynga Inc., refused to comment on White’s decision according to Zynga spokeswoman, Kelly Pakula Kunz.

zynga-quoteSince before the dismissal of allegations in February 2013, Zynga shares have remained steady below $5. Part of the problem lies in a failure of Zynga to introduce new games as competitors, such as King Digital Entertainment Plc, continue to make millions on games like “Candy Crush Saga and Bubble Witch.”

While current information on when this lawsuit will settle remains unknown, lawsuit settlement cases involving fraudulent business practices will continue to be a primary concern for the U.S. District Courts. After both sides have had an opportunity to discuss how to best ensure financial remuneration for Zynga’s actions, shareholders will be able to get some, if not all, of their money back as part of the future lawsuit settlement payment.

Ousted Buskers to Settle ACLU Backed Lawsuit

street-performersLast year spelled bad news to street performers, also known as buskers, in Saugatuck, Michigan. Street performers throughout Saugatuck had been told they must obtain permits before performing on sidewalks in an attempt to earn tips. Street performers fell under the Public Entertainment Ordinance, making it much more difficult for buskers to busk.

That might be coming to a change thanks to a settlement backed by the American Civil Liberties Union of Michigan (ACLU).

Last year, shortly after buskers were asked to cease their performances, Christopher Waechter and Gabriel Novak filed a lawsuit with the United States District Court in Grand Rapids claiming that the prohibition against street performance was unconstitutional as long as they were performing in public areas. The lawsuit states that enforcing the Public Entertainment Ordinance violates the Waechter’s and Novak’s free speech.

Filed March 26th, 2015, the proposed judgment will release claims against the city and city leaders, while allowing buskers to return to their beloved street corners. The lawsuit settlement payment will provide $7,500 to Waechter and Novak, as well as allow street performers to perform on any public space without the need to acquire a permit.

Novak was jailed after he stated that he had the right to play on city sidewalks. Waechter complied when police officers said he couldn’t play without a permit, but quickly stopped busking as the only allowed place, a public park, didn’t provide enough foot traffic.

buskers-quoteAccording to the ACLU, Saugatuck’s Public Entertainment Ordinance, required that businesses who wish to host an event acquire a permit 60 days prior to the event, hold related insurance and even provide toilets and parking to attendants. While a reasonable request of an event hosted by a business, this ordinance was also being applied to street performers. How could they possibly comply?

The city responded by saying that not all of the requirements in the Public Entertainment Ordinance apply in every situation, such as with street performers. The concern of city representatives was that street performers might interfere with foot traffic and cause congestion problems. They further stated that buskers can perform in public parks, not sidewalks, without a permit.

Lawsuit settlement cases such as these are often resolved with consent judgment, which is still pending in this particular case. Waechter and Novak hope to receive a settlement payment as well as reform the laws of Saugatuck, MI to allow street performers to play in the sidewalk for tips.