Archive for September, 2008

Lawsuit Against Apple Dismissed

Tuesday, September 30th, 2008

A lawsuit that was filed against Apple has been dismissed by U.S. District Judge Matthew F. Kennelly in Chicago. The lawsuit related to the batteries for the Apple iPhone, but was dismissed by the judge, who said that there was no evidence that Apple had tried to deceive consumers.

The lawsuit was filed by Jose Trujillo in Illinois state court in July 2007. He accused the company of defrauding consumers, and was seeking class action status on the lawsuit. This was, he said, because Apple did not make clear the life of the batteries for the iPhone, or that they cost eighty six dollars including delivery charge to replace.

However, Apple asked the judge to rule in its favour on the evidence and law without the need for a trial, which the judge granted. In his summary the judge stated: “Apple disclosed on the outside of the iPhone package that the” battery had “limited recharge cycles and may eventually need to be replaced by Apple service provider.”

The judge also went on to state that: “Under the circumstances, no reasonable jury could find that deception occurred.”

Lawsuit Filed by Parents of PRP Football Player

Monday, September 29th, 2008

A wrongful death lawsuit has been filed against six coaches, including the head coach, after a fifteen year old Pleasure Ridge Park High School football player collapsed and died. The parents of Max Gilpin have filed the lawsuit against Jason Stinson, the head coach, and five other coaches on the team.

The lawsuit was filed in Jefferson Circuit Court, and claims that the coaches were negligence and exercised ‘reckless disregard’. According to the report Gilpin collapsed after suffering heatstroke whilst on practice, and he died three days later. The parents said that the coaches had a “duty to exercise ordinary and reasonable care for the safety” of their son.

It is further claimed in the lawsuit that the coaches did not provide proper care or follow rules and regulations when it came to their players on the team, and that players were denied water and made to run wind sprints “until someone quit the team.”

An attorney working on the case said: “What happened to him was clearly preventable and should not have happened. The protocol in place to protect students was not followed.”

Lawsuit Filed Over Online Gambling

Friday, September 26th, 2008

A lawsuit has recently been filed in Franklin Circuit Court, which seeks to make online gambling websites block access to users from Kentucky or to relinquish control of their website names or domains. The lawsuit was filed by Gov. Steve Beshear, who wants to try and crack down on illegal Internet gambling.

Beshear has already taken control of two online casinos, and, which can now no loner be accessed by Kentucky Internet users or user across the rest of the globe. However, Justice Cabinet Secretary J. Michael Brown said that the sites were not shut down by the state, and he said: “At this point in time, I don’t know why they are shut down, but it’s not pursuant to our actions.”

An official from the Poker Players Alliance has stated that the lawsuit is outrageous, adding: “We believe this action not only unduly restricts the freedom of Kentucky residents to play games of skill, such as poker, online, but sets a precedent for censorship of the Internet by force.”

The Internet Commerce Association said the move was a dangerous precedent, stating: “It appears that there may be no statutory basis for this unprecedented action, that Kentucky may lack sufficient jurisdictional grounds and that it also may violate the commerce clause of the U.S. Constitution.”

Possible Lawsuit Over Comments On Radio

Thursday, September 25th, 2008

Comments that were recently made on radio by city counsellor Rob Ford could end up at the center of a lawsuit after the subject of the allegations, Councillor Adam Vaughan, said that he intends to take legal action to counter the comments, which is described as “libellous comments that have defamed my character.”

The comments were made on AM640 Radio, where Ford claimed that Vaughan had used his influence as a member of the civic appointments committee to get a person that had contributed money to his campaign appointed on the sinking fund committee.

One the radio Ford could be heard shouting: “It’s a clear conflict. It’s unethical, it’s completely unethical. He donated to your campaign.” He refused to apologise, adding: “It doesn’t smell right, it doesn’t look right. This is what gives politicians a bad name.”

Vaughan stated: “The allegation that I played a deliberate role in promoting a candidate in exchange for a political contribution is just not true. I don’t know this gentleman. I had nothing to do with the hiring process. I’ll be taking legal action outside this chamber that speaks to the irresponsible comments and, in fact, false comments that have been alleged about me.”

SMC Sued Over Invoice

Wednesday, September 24th, 2008

The Samaritan Medical Center is being sued by a firm that claims that the center owes it nearly half a million dollars due to an unpaid invoice. Architectural and Engineering firm SmithGroup PLLC is now asking the court to award it all of the money from the invoice as well as interest on the amount.

The invoice that is under dispute is for $479,849 and was issued to the SMC for works carried out by SmithGroup between April 2006 and August 2007. The firm claims that it was hired by SMC in 2006 but the contract was later terminated because of problems with the budget.

An official from SMC confirmed that there is an invoice for that amount that is under dispute, but claimed that the lawsuit from SmithGroup came as a complete surprise because the matter was in mediation. She said: “We have been working through our disagreement relative to the invoice and we consider it in mediation.”

According to SmithGroup it sent the final invoice for works that had already been carried out before termination of contract in September of last year, but the invoice has never been settled by SMC.

Transsexual Wins Discrimination Lawsuit

Tuesday, September 23rd, 2008

The Library of Congress has been successfully sued by a former Army Special Forces commander who was allegedly passed over for a job as a terrorism analyst because she was still in the middle of a procedure to change from a man to a woman.

The judge in the case said that the Library of Congress discriminated against Diane Schroer of Alexandria by passing her over for the job after finding out that the employee, formerly known as David, was to become Diane before starting the new role.

In his decision the judge stated: “The evidence establishes that the library was enthusiastic about hiring David Schroer — until she disclosed her transsexuality. The library revoked the offer when it learned that a man named David intended to become, legally, culturally, and physically, a woman named Diane. This was discrimination ‘because of … sex.’”

Sharon McGowan, a lawyer with the American Civil Liberties Union, said: “The court got it exactly right, sending a loud and clear message to employers everywhere: if you fire or refused to hire someone for transitioning, you are guilty of sex discrimination and may well find yourself liable.”

Couple Sues After Baby Born Dead

Monday, September 22nd, 2008

A San Diego couple has sued two doctors and the Sharp Mary Birch Hospital after their baby was born dead in 2004. The couple was due to have their first son, Tyler Steven, and the mother was ordered to the hospital because her amniotic fluid was very low.

The couple states that despite these dangers they were left waiting around for about seventeen hours before they were seen by a doctor. In the lawsuit the couple claims that their treatment in the hospital and lack of medical response caused the death of their son.

The mother, Teresa Bailey, said: “The nurse kept leaving us alone with an intern.” She added that when the baby was finally delivered he was gray and not moving. She said: “He wasn’t moving, he wasn’t crying, he was gray.”

An attorney for the couple said: “The night doctor didn’t do his job. He never stepped into the room. He didn’t notice when the strips were showing the baby’s heart rate was dropping over and over again.” She added: “The nurse didn’t tell the doctor the baby was coming down vaginal canal like it should be doing. In fact, the baby was wedged in the same place for hours and hours.”

Parents File Lawsuit Against School Board

Friday, September 19th, 2008

According to a recent report the parents of a boy who was punched and left with brain injury that required surgery have filed a lawsuit against the London District Catholic school board in Canada. The lawsuit has been filed by the parents of Raymond Trudell, aged eleven.

The lawsuit seeks over three and a half million dollars in damages. It claims that all school officials from the most senior officials downwards were negligent. The lawsuit further claims Raymond had been the subject of bullying before being dealt the punch that left him with brain injuries in September.

The boy who is said to have thrown the punch and his parents have also been named as defendants in the lawsuit. After the incident Raymond was taken in hospital and it was found that his skull was fractured and three metal plates had to be inserted into his head.

According to the lawsuit Raymond has been left with “lasting permanent and personal injuries including but not limited to headaches, short-term memory loss, fatigue, nausea and dizziness.” Raymond’s father said: “We want our child, and all children at that school, at the Catholic school board and all over to be safe.”

City Employee Files Racial Discrimination Lawsuit

Thursday, September 18th, 2008

A city employee has filed a lawsuit accusing the Hoboken Mayor Dave Roberts and Public Safety Director Bill Bergin of racial discrimination. The lawsuit was filed earlier this week. The deputy director of the Office of Emergency Management, Joel Mestre, claims that he has been discriminated against in a number of ways.

According to Mestre, who is Hispanic, he has been called derogatory names and has had his duties given to other Caucasian workers. He claims that he was once called a racist name by Bergin, and claims that Bergin said: “Just because I don’t eat rice and beans and don’t agree that they should be sold at every store, that doesn’t make me a racist.”

However, Bergin said that the allegations were lies, stating: “Anyone who knows me knows that theses allegations are lies and like all lies in time they will be exposed for what they are. This is nothing more than a repugnant attempt to get money from the taxpayers of Hoboken.”

He added: “I have proudly served the people of the city of Hoboken first as a firefighter for over thirty years and now as Public Safety Director. During that entire time I have worked hand-in-hand with and for people of many different races and ethnicities and have never been accused of anything so offensive and outrageous as the charges contained in this lawsuit.”

Lawsuit by Fired Employee Can Go Ahead

Wednesday, September 17th, 2008

According to a recent report he Washington Supreme Court has cleared the way for a wrongful termination lawsuit to go ahead. The lawsuit has been filed by a woman, who had to take time off work and was then demoted and later fired after she made a complaint about the fact that she had been demoted.

The lawsuit, filed by Ramona Danny, claims that she took time off work because her husband beat her son, and she had to get him to hospital, had to get herself and her son to a shelter, and then had to try and get her husband put behind bars.

However, when she returned to work after a period of two weeks leave she found that she had been demoted. She made a complaint about the demotion to the Seattle Human Rights Commission, but after she did this she was terminated from her job altogether.

The courts decided that an employee should not have to risk losing their job in order to take “an absolutely necessary morning off work to get a protection order, to give a statement to police, or to move her children out of imminent harm’s way.”