Archive for November, 2007

Rock Star’s Appeal Rejected By Court Of Appeals

Friday, November 30th, 2007

An appeal by rock star Ted Nugent has been rejected by the Michigan Court of Appeals. The appeal was over a lawsuit filed after a music festival was cancelled. The Court of Appeals upheld the decision of a lower court when it rejected the lawsuit filed by the rock star.

According to reports the concert was cancelled after Nugent took part in a live interview on a radio station and made an offensive slur against black people. Nugent is a native of Detroit, but now lives in the state of Texas. The racial slurs were allegedly made during an interview on Denver radio station KRFX-FM in May of 2003.

The music festival had been planned for June of that year, but organizers cancelled it stating that “any use of potentially offensive racial terms such as those attributed recently to Ted Nugent do not reflect the spirit of Muskegon nor the Summer Celebration.”

The festival was then sued by Nugent and his band for breach of contract and libel. Although the courts did rule in Nugent’s favor originally, they also reduced the amount that was to be paid, and the rock star decided to appeal against the reduction in damages, which has been rejected.

Lawsuit Filed Against Chapter Of KKK

Thursday, November 29th, 2007

A lawsuit has been filed against a chapter of the Ku Klux Klan over the assault of a teenage Hispanic boy The Imperial Klans of America is the second largest KKK group in the United States. The leader of the group is Ronald Edwards, who is reportedly a balding, overweight man nearing his fifties.

This is the man against who the lawsuit is aimed. A civil lawsuit has been filed against him after a young boy, aged just sixteen, was attacked by two IKA members because he was Hispanic. The group claims that it does not condone illegal activity, and that the men involved in the attack were thrown out of the group.

The two men convicted of he attack were sentenced to three years each in prison. Speaking of the attack Edwards stated: “I had nothing to do with it, and neither did the Klan. Violence is not going to win nothing.” Edwards lives in a mobile home with his girlfriend and kids. He has older children too, but only one shared his views.

An attorney stated that the purpose of the civil lawsuit is to try and cripple the supremacist group financially, which could then help to deter future violence against ethnic minorities.

CSA Being Sued For Nearly Two Million Dollars

Wednesday, November 28th, 2007

The Canadian Soccer Association is being sued for wrongful termination of employment by its former CEO. Fred Nykamp is suing the CSA for $1.75 million, stating that he left a perfectly good job to take up a position there and was consequently told that his agreement of employment had not been approved.

According to reports Nykamp left a good position as chief executive officer of Canada Basketball in order to take up a position as CEO with the Canadian Soccer Association. He did this in May, but in July, two months later, was told that his employment needed to be approved by the CSA’s board of directors.

Following a meeting in August the board of directors decided that they were not going to agree to Nykamp’s employment at the CSA. Nykamp filed his lawsuit against the association last week. It was filed in the Superior Court of Ontario and was served early this week.

A lawyer working for Nykamp stated: “I think that this is the most outrageous case of a wrongful hiring. Fred had a secure position, he was doing extremely well with Canada Basketball, and the CSA selection committee made all kinds of representations to him, on which he relied, and really, that’s the heart of our claim.”

City Settles Lawsuit Filed By Prisoner

Tuesday, November 27th, 2007

The city of Anaheim has reached a settlement in a lawsuit that was filed by a man in state prison, and will be paying two and a half million dollars to the man in order to settle the lawsuit. The man claims that he was standing on the sidewalk surrendering to police when he was run over by a police patrol car.

According to reports, the prisoner, Jose Munoz, was standing facing an officer and had his hands held up in the air. However, as he did this another officer allegedly drove onto the sidewalk in a patrol car and hit the man from behind at thirty two miles per hour. According to records Munoz ended up underneath the patrol car with serious injuries that included exposure of organs due to a torn abdomen.

A lawyer working for the prisoner stated: “My client wasn’t a threat to the officers. He was giving up. This was clearly a case of excessive force. Our hope is that this award will help Jose turn his life around.” Munoz is currently in prison for a second time for being an accessory to felony, and should be released by the end of the year.

The officer that was driving the patrol car is also involved in another excessive force lawsuit, where he is said to have shot and killed a man, whilst injuring his passenger. Officers state that the man killed was driving his pick up truck right at the officer.

Family Of Dead Woman Files Wrongful Death Lawsuit

Monday, November 26th, 2007

The family of a woman that was found stabbed to death has filed a wrongful death lawsuit against the husband of the decedent. Jennifer Turner was found stabbed to death in her home last month. The family alleges that Jennifer was murdered and that her husband is the one that did it, hence the filing of the lawsuit.

According to court documents that were filed by the executor of Jennifer Turner’s will, her husband, Kirk, went to the home where he proceeded to use a sharp object to cut Jennifer’s throat and stab her. This resulted in the death of the woman.

Mr Turner, against whom the lawsuit has been filed, is an area dentist. He has not yet been charged with any crime, according to investigators, who have described him as a person of interest.

However, reports also state that in July, shortly before she was found dead, Jennifer Turner had filed an alienation of affection lawsuit, which didn’t actually make it as far as court before she died.

Apple Could Be Sued Over Toxic iPhones

Wednesday, November 21st, 2007

According to a recent report Apple could find itself facing a lawsuit following claims that its iPhones contain potentially toxic chemicals and components. A consumer watchdog group is considering filing the lawsuit after the report was released by environmental group Greenpeace with regards to the iPhones.

The reports from the conservation group, which is based at the University of Exeter in the UK, claims that having dismantled one of the iPhones it was found to contain brominated flame retardants (BFRs) and polyvinyl chloride (PVC). The group claims that PVC can potentially leak harmful chemicals and BFRs can release toxins when recycled.

Following the report the Center for Environmental Health, based in California, has filed a notice of intent to file a lawsuit. The consumers group claims that the components in the iPhones leave consumers at risk of exposure to toxins, and the center is planning to conduct its own research.

An official from the center stated: “We’d like Apple to reformulate the product to eliminate or reduce toxic chemicals.” However, Apple officials state that this plan is already underway, stating: “As we have said, Apple will voluntarily eliminate the use of PVC and brominated flame retardants by the end of 2008.”

Man Told To Re-File Lawsuit Over Roses

Tuesday, November 20th, 2007

A man has had his lawsuit dismissed by a Houston based judge, and has been advised to re-file the lawsuit in New York , as advised on the website of the company he is suing. Leroy Greer is suing flower company 1-800-flowers.com for contributing to his wife finding out that he had sent flowers and a cuddly toy to his girlfriend.

Although Greer and his wife were separated and going through divorce at the time, Greer now claims that he will have to pay his wife far more as part of the split as a result of the actions taken by the flower company. According to reports a copy of the receipt and message sent with the roses and toy to Greer’s girlfriend was faxed to his wife by a company official.

The judge that dismissed his lawsuit stated that if he is planning to sue based on the contract with the flower company then he must follow the contract in terms of where he sues. The company states that any legal action must be taken in Nassau County, where it is based, or Suffolk County.

The Houston judge wrote that Greer “was given notice that the privacy policy, on which he claims to have been relying when purchasing flowers for his girlfriend, was part of a broader terms-of-use which he apparently chose not to review. Had he done so, he would have been given notice — on the first page and in all capital letters — that by accessing the Web site he agreed to be bound by the Terms of Use and that any ‘claim relating to the Web site’ or its content was subject to a forum selection clause.”

UK Firm Fined Over Worker’s Injuries

Monday, November 19th, 2007

A steel firm in the UK has been fined a considerable sum after one of its workers was seriously injured in a workplace accident. Corus, the company for which the injured employee worked, has been fined around one hundred and twenty five thousand pounds (around two hundred and fifty thousand dollars) as a result of the injuries sustained by the worker.

The injuries occurred as the result of the worker falling into a vat of hot chemicals at the plant, which left him with serious burns and life threatening injuries. According to reports, the employee fell feet first into the pit. The company was found guilty of breaching health and safety regulations as a result of the incident.

One Health and Safety Inspector stated: “This was a very serious incident which resulted in an employee receiving extensive, life-threatening burns. The immediate cause was the company’s poor workplace maintenance regime which meant that corrosion went unattended in the fencing provided to prevent falls into the interceptor pit.”

She added: “Employers have a duty to ensure that their workplace is safely maintained and this case all too clearly demonstrates the potential consequences of failure to discharge that duty.”

Man Dies From Drug Overdose At Hospital

Friday, November 16th, 2007

A man died after being administered a drug overdose at a hospital in Belfast, according to a recent report. The ninety two year old man, Kenneth Johnston, died at Belfast City Hospital after being administered an overdose of insulin, according to allegations. Reports indicate that he had been given one hundred times more insulin than was required.

The incident occurred in February of 2005, and reports state that not only was the man administered massive levels of insulin, but the wrong syringe was also used in the administration of the drug. The report goes on to state that the doctor that administered the insulin believed that one unit was equivalent to one millimeter because of the syringe that was used. A lawyer stated: “This tragic case highlights the vital importance of doctors recognizing the limits of their own knowledge and appreciating when they need to ask for help from others. It seems that this junior doctor realized that he didn’t know how to use the drugs or equipment, but went ahead anyway, apparently without obtaining advice or assistance from others. This should not be allowed to happen under any circumstances.”

The Deputy State Pathologist confirmed that although the patient had been treated for a blood clot, he probably would not have died had it not been for the overdose of insulin that was administered.

Hot Air Balloon Victim Considers Lawsuit

Thursday, November 15th, 2007

A woman who was injured in a hot air balloon accident in Surrey, British Columbia, is looking at filing a lawsuit according to recent reports. The injured woman is considering filing the lawsuit against the pilot of the balloon and his company.

Fifty six year old Diana Rutledge claims that Stephen Pennock, the pilot, and his company are responsible for the accident, in which a mother and daughter were killed. Rutledge suffered two broken ankles and was hospitalised after she had to jump from the balloon when it went up in flames.

The pilot of the balloon expressed his regret over the incident. He stated that the cause of the accident was still being investigated, and that he was co-operating fully with authorities to find out what had caused the problem. He stated: “My thoughts are with the families as they continue the healing process. Since Friday, my focus has been on trying to provide support to help everyone affected by this tragedy.” Twelve passengers and the pilot were on board the hot air balloon when the accident occurred. All flights were suspended following the accident out of respect for those affected according to the pilot.