Archive for November, 2008

Autism Lawsuit Appeal Will not be Heard

Wednesday, November 26th, 2008

The Supreme Court in Canada has refused to hear an appeal relating to an autism lawsuit filed by a number of parents, according to recent reports. The parents have tried to sue the province and five school boards in Ontario over failure to provide specialised therapies for their autistic children.

The five families that have tried to sue have said that they province and school boards are discriminating against their children by refusing to provide the expensive therapies. They have said that children with other disabilities receive therapies alongside their education through public funding.

After the decision on the appeal was announced, one parent whose twelve year old son has autism stated: “Obviously, the court’s decision today was a letdown for us.” She added: “For almost a decade now, families of children with autism have continued to face an impossible choice between prohibitively expensive private autism programs and an unresponsive public school system.”

The families are due to meet up with lawyers over the next few days to decide where they should go next with regards to the lawsuit. No reason has been given with regards to the decision taken by the Supreme Court.

Another Lawsuit Filed Against Apple Over 3G Speed

Tuesday, November 25th, 2008

Another lawsuit has been filed against Apple over the data speeds on its iPhone 3G. The company is already awaiting the results of a motion to get a previous similar lawsuit dismissed, but has now been hit by another lawsuit filed by James Pittman, who has outlined a variety of complaints relation to the device.

Pittman said that the iPhone 3G was rushed to market in a defective state, and that it is not all that it is cracked up to be. He accuses Apple of misrepresentation, stating that the device does not perform as well as Apple had claimed it did. He is seeking class action status on the lawsuit because those that wanted the 3G device had to sign up to a multi-year contract with AT&T.

Pittman has stated that the data speeds with the device are not as Apple claimed they would be, stating that this could be down to defective firmware or chipsets. He also said that the voice service becomes unreliable when the device is in 3G mode.

The company is being accused of negligent misrepresentation, violation of the Song-Beverly Consumer Warranty Act, violation of the Consumer legal Remedies Act, unjust enrichment, and unfair competition in violation of the Business and Professions Code.

Lawsuit Filed Against Chicago Cops

Monday, November 24th, 2008

A lawsuit has been filed against police officers in Chicago, with a family from the West Side claiming that officers burst into their apartment on election night, when Barrack Obama was elected the next President of the United States, and yelled racial insults at them.

According to the plaintiff, Niger Arnold, she had allowed some of the younger members of her family to watch neighbourhood celebrations from the porch after the new President-elect had been announced on the evening of 4th November.

She claims that as the crowds in the streets were shouting and cheering over Obama’s victory, squad cars turned up and started using pepper spray. They then began to chase crowds with their guns drawn according to the report.

She said that as the incident unfolded her family ran back into the house, but officers followed, kicked in the door, and pushed members of the family to the floor and threw racial insults at them before leaving. An attorney for the family said: “This is just a tragedy. Chicago was a celebrated city on Tuesday, but I think the actions of some police officers left a sour taste in a lot of people’s mouths.”

Willis Successful in Lawsuit Over Green Rubber

Friday, November 21st, 2008

Hollywood actor Bruce Willis has successfully managed to get back the whole of his investment after he sued a Malaysian prince and his company following an investment of two million dollars. The lawsuit has apparently been resolved amicably, and the problem stemmed from miscommunication according to reports.

Willis had sued Prince Imran Ibni Tuanku Ja’afar and Datuk Vinod B. Sekhar, principals of environmental technology company The Petra Group, in which he had invested the two million dollars. He had been expecting to see profits through an initial public offering in the third quarter of this year but this did not happen.

Willis then tried to take back his investment, and although he received back $1.1 million of his investment he did not received back the remaining $900,000, although he had been assured that the money was going to be returned.

Willis said: “Having resolved the matter, I will continue to maintain a shareholding position in the company and I wish the company, the directors and my fellow shareholders the very best for the future. I continue to believe in the green rubber technology and the vast potential it holds for the environment.”

Widow Settles Lawsuit Against government

Thursday, November 20th, 2008

The widow of a man that died at a Veteran’s Affairs hospital has agreed to the settlement of her lawsuit against the government for nine hundred and seventy five thousand dollars. The hospital has been at the centre of controversy after being accused of providing substandard care.

In her wrongful death lawsuit the widow, Katrina Shank, had been seeking twelve million dollars. Her fifty year old husband bled to death at the hospital in 2007. He had gone in for gallbladder surgery at the VA hospital in Marion, Ill.

The only comment a VA spokesperson had was “the VA has no information to offer on this case, pending a review by the court.” However, Shanks’ lawyer said that the amount paid out in the settlement admits to an admission of responsibility because “the government doesn’t toss money like that around easily.”

It was found that at least nine deaths had occurred at the hospital between October 2006 and March 2007, all of which had been put down to sub-standard care. This did not include the death of Mr Shanks, who passed away some months later.

Thousands Receive Food Credits After Long Standing Lawsuit

Wednesday, November 19th, 2008

A lawsuit that was started in the 1990s and was not settled until 2006 has finally seen those involved receiving their dues, even though it has taken years for them to do so. Many may have given up on the lawsuit or forgotten about it, until they suddenly received hundreds or even thousands of dollars worth of food credits.

The lawsuit had claimed that thousands of people that had moved to claim Social Security Disability welfare instead of welfare benefits were illegally denied food stamps. According to reports the settlement of the suit has now resulted in around twelve million dollars worth of food credits being put onto the electronic benefits cards of around nine and a half thousand people.

Some people will find that their cards have been topped up with hundreds of dollars worth of food credits, and some may even have thousands or dollars worth of credits. One woman who thought she only had five dollars on her card was astounded to find she suddenly had nearly nine hundred dollars on the card.

One of the lead lawyers for the plaintiffs stated: “This lawsuit actually helped maximize federal benefits in a time of economic downturn and prevented disruptions in benefits to those who needed them the most.”

Paramedic Files Lawsuit Against Various Defendants

Tuesday, November 18th, 2008

A paramedic who was accused of letting a patient die through neglect in 2006 has filed a lawsuit against the fire-rescue service, the Nye County Sheriff’s Office, and several officers. Carrol L Meeks has already been cleared of the charges and has been reinstated at the Pahrump Valley Fire-Rescue Service.

According to reports Meeks and another paramedic, Rodd Fernandes, were sent out to a medical call in 2006. However, before they reached the door of the property the elderly patient shot himself in the head. He was sixty three years old and chronically ill.

However, it later emerged that the patient had been alive for a further half an hour, and was pronounced dead after being rushed to hospital. The two paramedics were blamed for the problems, and accused of neglecting the patient whilst he was still alive, thus causing his death.

However, it turned out, according to the report, that the patient had been pronounced dead at the scene and that the paramedics had been made to stay away by officers. Meeks said: “That (went out) over the radio. They needed to find some way to cover up their mistake, and they picked me and Rodd. We were somewhat sacrificed.”

Oprah Wants Lawsuit Dismissed

Monday, November 17th, 2008

Wealthy media mogul, Oprah Winfrey, has asked for a lawsuit that has been filed against her to be dismissed or at least be placed in arbitration. The lawsuit was filed by the former headmistress of her girl’s school in South Africa, and accuses Winfrey of defamation.

Nomvuyo Mzamane, the former headmistress, claims that Winfrey made derogatory remarks following a sex abuse scandal at the school, the Oprah Winfrey Leadership Academy for Girls, which is near Johannesburg. Winfrey is said to have made comments about the trustworthiness of the former head, and allegedly said: “I thought she cared about the girls of South Africa.”

Winfrey has denied making defamatory comments, and her lawyer said: “Read in context, these statements suggest no more than they actually say — that the abuse incident was used as an opportunity to bring new personnel into the school — and they cannot be twisted into anything defamatory.”

Her lawyers also wrote: “The fact that her statements were reported from the press in South Africa around the world does not support, and rather contradicts, any contention that she targeted Pennsylvania in making her comments.

Judge Wants Russian Government’s Lawsuit to be Settled Out of Court

Friday, November 14th, 2008

According to recent reports the judge that is dealing with the £22.5 billion lawsuit by the Russian government against the Bank of New York is calling for the lawsuit to be settled out of court. The judge overseeing the case is Judge Lyudmila Pulova, who suggested at a Moscow court that the case be settled out of court.

The judge stated: “This case is long, it is expensive, you are both facing major expenditures on this … So given the financial crisis that has unfolded it would be wise for you to cut your expenditures by reaching some kind of settlement.”

The lawsuit was filed by the Russian government over the former Vice President of the Bank of New York, Lucy Edwards, helping to smuggle seven billion dollars of cash out of Russia through Bank of New York accounts. However, the bank said that the case is without merit.

Steven Marks, the chief counsel for Russia’s Federal Customs Service, stated: The court has asked a very good question. We have on numerous occasions before the suit was filed and during the process tried to seek a dialogue with the bank. The bank has expressed no interest at that time.”

Judge Allows Perfume Lawsuit to Continue

Thursday, November 13th, 2008

A judge has told a Detroit city planner that she can go ahead with her lawsuit relating to the perfume worn by a colleague at work. The city planner alleged in her lawsuit that the scent worn by her co-worker made it impossible for her to do her job because she was unable to breathe properly.

The lawsuit was filed under the Americans with Disabilities Act, and the city had tried to get the lawsuit dismissed. However, earlier this week U.S. District Judge Lawrence P. Zatkoff stated that the lawsuit, filed by the plaintiff Susan McBride, could go ahead as planned.

An attorney for McBride said that the judge’s decision was a significant one, stating: “He recognizes that this is the type of claim that’s viable. These are types of claims that in many jurisdictions … are sort of pooh-poohed and are not taken seriously.”

The decision was also welcomed by Alison Johnson, chairwoman of the Chemical Sensitivity Foundation in Topsham, Maine. She said: “These perfume sensitivities are very real, and I can’t tell you how many lives they are ruining. Maybe there’s beginning to be recognition that these things are serious.”