Archive for October, 2008

Wrongful Death Lawsuit Filed Against City

Friday, October 31st, 2008

A lawsuit has recently been filed against Oklahoma City and the local school district by the family of a teenager who drowned. The lawsuit is claiming wrongful death over the death of Philip Jones, who drowned in 2007. The lawsuit was filed by the parents of the deceased teenager claiming that he was wrongfully killed.

Philip Jones was a Putnam City West High School runner, and he drowned after running on a partially flooded trail near Lake Overholser, which is in West Oklahoma City. It is unclear whether he fell or was swept into the water when he drowned.

The parents of the boy have claimed in their lawsuit that the paths should have been closed off by the city because of the dangers posed by the flooding. The complaint also states that the school district should have been better monitoring track practice on the day that the incident occurred.

The lawsuit is seeking more than thirty thousand dollars in damages from the city and the school district, but officials from the city have not yet commented on the pending action.

Transgender Lawsuit Reinstated by Courts

Thursday, October 30th, 2008

A lawsuit that was filed by a transgender former inmate has been reinstated by the state appeals court after originally being rejected by a San Francisco Superior Court jury. The lawsuit had claimed that prison guards failed to protect the inmate from being beaten and raped by other inmates at the facility.

The lawsuit was filed by Alexis Giraldo, who was a former inmate at Folsom State Prison in January 2006, after being found guilty of shoplifting and violation of parole. She claims that another inmate began assaulting and sexually abusing her on a daily basis at the facility.

The complaint goes on to state that her complaints about her treatment were ignored by prison guards until March of that year. At this point she was transferred to a segregated unit after another inmate attacked her with a weapon.

Earlier this week the Court of Appeals overturned the original judge’s ruling in relation to the case. The court said that prison guards that are in charge of these facilities had to ensure that reasonable steps were taken to protect inmates.

Lawsuit Settled Over Cool Papa Bell Cards

Wednesday, October 29th, 2008

The daughter of Negro League legend, James Cool Papa Bell and the Topps Company Inc have agreed to settle a lawsuit relating to baseball card of the legend that were issued by Topps. The lawsuit was filed in 2006 by the legend’s daughter, Connie Brooks, and was filed on behalf of Mr Bell’s estate.

No details have been released with regards to the terms of the settlement. The lawsuit was filed after a number of cards issues by Topps included information on how Mr Bell got his name but this information was mis-characterized.

Warren Friss, Vice President-General Manager Entertainment of Topps, said: “Cool Papa Bell is more than a baseball legend. He endured the overwhelming injustices of his time to play the game he loved, and his professionalism and dedication to excellence ultimately helped pave the way for the integration of the major leagues.”

He went on to state: “Topps truly respects and honors the legacy of Cool Papa Bell. Topps sincerely apologizes to Ms. Brooks and is pleased to have reached a satisfactory agreement with Ms. Brooks to resolve this lawsuit.”

Lawsuit Filed Against JT

Tuesday, October 28th, 2008

A former busboy who worked at the Manhattan restaurant of singing superstar Justin Timberlake is filing a lawsuit against the star and his restaurant. Twenty six year old Felipe Ramales states that whilst he was working at JT’s Southern Hospitality BBQ and Bar in Manhattan he was not paid an adequate wage.

He claims that both he and other employees failed to receive their share of gratuities, which were automatically charged on bills for tables of six or more at the restaurant. He also said that he often worked over his set forty hours each week but was never paid any overtime.

An official from the restaurant has said that whilst the former employee has outlined a number of complaints there are all baseless. The manager of the eatery said that employees were paid over the minimum wage, and that all employees took home all of the tips that were due to them.

Reports claims that a number of the people named in the lawsuit are not worried about the claims, but there has been no response as yet from the star or from an official spokesperson for JT.

Lawsuit Filed Against Chrysler Financial Services

Monday, October 27th, 2008

Chrysler Financial Services is being sued by a Minnesota car dealer, who claims that by freezing credit lines the company acted in bad faith causing problems with day to day businesses proceedings as well as with the intended sale of a rental car business.

The plaintiff, Danny Hecker, claims that he has had business dealing with Chrysler Financial Services for twenty years. He filed his lawsuit in UK District Court in Minneapolis, and this was after he tried to resolve the situation following several weeks of negotiating with the company.

Whilst Chrysler has not commented on the lawsuit reports claim that the company, along with For Motor Co., has suffered real problems through the global financial climate due to a rapid decline in the sale of light vehicles in the United States.

Hecker claims that over the past two decades many of the dealings between his businesses and Chrysler have been dealt with in a flexible and informal manner rather than through strict adherence to contract terms.

Lawsuit Against Mall to go to Trial

Friday, October 24th, 2008

A lawsuit that was filed against a mall is set to go to trial, and the jury selection is set to begin this week, according to a recent report. The lawsuit was filed by a woman against the Waterworks Mall management, after the plaintiff claimed that inadequate security measures at the mall resulted in her becoming a victim of kidnap and rape.

The lawsuit claims that the management company that runs Waterworks Mall, which is JJ Gumberg Co, failed to provide adequate security at the mall, and as a result the woman was kidnapped and raped three times, after a man waited in the parking lot and attacked the shopper and her daughter in 2007.

The rapist, Jimmy Lee Tayse, apparently waited in the parking lot, pounced on the woman and her child, held a knife to the child’s throat, and then forced the woman to drive to Ohio, where she was subjected to repeated rapes.

A lawyer for Gumberg Co stated: “It is denied that J.J. Gumberg knew Waterworks Mall attracted an unusually high incidence of crime, or that it failed to take action with regards to reasonable threats . … To the contrary, J.J. Gumberg acted reasonably at all times.”

Hagan Drops Lawsuit Against Opposition

Thursday, October 23rd, 2008

According to a recent report the US Sen-elect, Kay Hagan, has dismissed her lawsuit against opposition, US Sen Elizabeth Dole, after initially claiming that the woman that she defeated in the elections had run an advertisement that attacked her personal faith.

It is claimed that Dole, who is a republican, ran an advertisement in the week leading up to the elections, indicating that Hagan was involved with a political action group called Godless Americans, which is in favour of separation of the church.

Apparently, at the end of the advertisement there was a woman’s voice to be heard stating that ‘There is no God’, and this was coupled with a picture of Hagan. Hagan then accused Dole of attacking her faith and filed a lawsuit against the Senator in Wake County Superior Court.

A spokesperson for Hagan spoke after the lawsuit was dropped, stating: “This lawsuit would just continue the focus on a very personal and negative attack against Kay, instead of focusing on the people of North Carolina. We need leadership now more than ever, and Kay is prepared to get down to work with Richard Burr and the rest of the North Carolina delegation and help the people of this state.”

Attorneys Claim Racial Discrimination Following Hurricane

Wednesday, October 22nd, 2008

A federal lawsuit was filed earlier this week by a group of civil rights attorneys against the Louisiana Road Home Program. The lawsuit alleges racial discrimination by the program, which is a ten and a half billions dollar program that is aimed at helping the victims of Hurricane Katrina to rebuild their homes.

According to the lawsuit the program awarded grants based on the market value of the properties before the hurricane struck rather than based on how much it would cost to rebuild the home. The lawsuit further claims that because of this thousands of African Americans who lived in areas where the value of property was lower than in predominantly white areas received lower grants even though the cost of rebuilding was similar.

Shanna L. Smith, president and CEO of the National Fair Housing Alliance, said: “HUD allowed a formula that is biased and threatens to undermine the recovery efforts of African-American homeowners.”

Smith added: “It failed to take into account the legacy of racial discrimination in the housing market, which has resulted in systematically lower values for homes in communities of color.”

American Apparel Makes Statement in Response to Wrongful Termination Lawsuit

Tuesday, October 21st, 2008

Officials from the company American Apparel have made a statement following a lawsuit that was filed against the firm by a former employee, Mr Hernandez, who claimed that he was wrongfully terminated from his position at the firm.

A statement from the firm read: “American Apparel denies all of the allegations in Mr. Hernandez’s lawsuit and will vigorously defend itself and its shareholders in this contemptible action. Mr. Hernandez was a non-accounting employee in the information technology department who was terminated for legitimate reasons. The allegations in this lawsuit are fictional, which the company believes represents a cynical attempt to extract phony leverage by Mr. Hernandez’s counsel, Keith Fink, who has been engaged with the company in other litigation for over three years. The facts are that Mr. Charney had no personal management responsibility nor influence over the work of Mr. Hernandez and played no role in his termination in 2006. ”

It went on: “American Apparel is proud of its performance and its business success. In an industry that is struggling due in part to very challenging economic conditions, American Apparel was one of only a handful of companies that reported strong sales in October, leading the industry with a same-store sales increase of 22%. In addition, this week the company reported record revenue of $154.8 million for the third quarter of 2008, exceeded analysts’ earnings estimates, and re-affirmed its full-year earnings guidance.”

It concluded: “It is unfortunate that the media continues to focus on sideshows and false allegations. It does a disservice to the 10,000 men and women who make American Apparel such an outstanding company; to our customers who love our products; and to our investors who appreciate our strong financial performance and our dedication to being a leading public company. We are confident that these allegations will be dismissed and look forward to our day in court.”

Peeping Tom Victims File Lawsuits

Monday, October 20th, 2008

The victims of a peeping tom landlord from Norristown have been filing lawsuits against the landlord, who has been accused of being a peeping tom by authorities in the area. A number of tenants that were renting from Thomas C Daley of Phoenixville have decided to take action against him.

A lawyer for one of the tenants that was affected by this said: “My client is extremely distraught, knowing that someone was spying on her during her most private moments and that others, like the police, have also seen those tapes. She is a strong, tough woman but whenever she thinks of what happened, she gets really upset.”

He added: “Still, she felt compelled to seek whatever redress she can even if whatever financial recovery is available will not be sufficient to compensate her for what she is going through.” It is thought that Daley’s peeping tom activities began about two decades ago and there are at least thirty four victims.

He is accused of installing cameras in the apartments of attractive women that he rented to in their twenties and thirties, and then spying on them through the activation of these cameras.