Archive for May, 2009


School Teacher Claims Religious Discrimination

An elementary school teacher who is also an Orthodox Jewish rabbi has filed a lawsuit against a California school district alleging religious discrimination. In the lawsuit, Bruce Neal claims that a former principal with the Bakersfield’s Edison School District fostered a hostile work environment and denied Neal a promotion because of his religious beliefs. A school district official declined to comment on the case.

Sides Split on Changes to Wisconsin Liability Laws

Wisconsin Governor Jim Doyle has proposed a measure that would return the concept of joint and several liability to the state. Supporters of the proposal say it would provide victims of negligence with a valuable tool in helping recover damages for wrongdoing. Business interests on Thursday decried the proposal, saying it would lead to more lawsuits, raise insurance rates and drive some out of business. State law had allowed for joint and several liability until 1995.

Lawsuit Alleges Harassment, Retaliation by Company

A former GoDaddy.com employee has filed a lawsuit accusing the company of sexual harassment and retaliation. In the lawsuit, Rachel R. Pearson claims that she and other female employees were harassed by a fellow worker and she was fired after repeatedly reporting the alleged misconduct. The lawsuit seeks unspecified damages for back pay and non-economic damages, as well as punitive damages.

On-Call Worker Wage Suits on the Rise

An increasing number of on-call employees are filing lawsuits alleging that their employers failed to pay them for onerous restrictions on their time. According to several suits, companies are trying to enforce the unreasonable restriction as a cost cutting measure. Employer-side lawyers are now advising their clients to review on-call policies to avoid being swept up in wage-and-hour class actions.

Court OKs Lawsuit Against Perjured Deputy

An Indiana judge has ruled that a sheriff’s deputy who was convicted of perjury can be named in a lawsuit involving the death of a 4-year-old abuse victim. In denying a motion to dismiss the wrongful death lawsuit, Special Judge Thomas Milligan of Montgomery County rejected Glen Keller’s argument that he was acting within the scope of his duty as a deputy. Keller lied to supervisors and during a deposition about whether he had seen evidence of abuse while responding to a 2004 call to the family’s home.

Family Files Suit Over Toddler’s Death

A Dallas suburb and responding police officers were negligent in the death of a toddler who became entangled in a soccer net, a lawsuit filed by family members claims. According to the lawsuit, responders wasted valuable time by initially treating the situation as a crime scene rather than a medical emergency. The lawsuit seeks unspecified damages and a jury trial.

Experts Warn of ‘Miracle’ Autism Treatment

Medical experts are warning that an autism treatment touted as a ‘miracle drug’ is unsupported by mainstream science and could be harmful to children.  According to scientists interviewed by the Chicago Tribune, the drug Lupron, which is sometimes used to chemically castrate sex offenders, can disrupt natural childhood hormones and cause bone and heart problems. Supporters of the drug believe that it can effectively treat a harmful link between mercury and testosterone they say causes autism.

Transit Authority Settles Suit Over Bus Accident

A Cleveland transit authority has agreed to pay more than $1.75 million to the family of a man killed by a bus as he crossed the street. Miguel Muniz died last year after being struck by a Greater Regional Transit Authority bus that was making a left turn as the man was using a crosswalk. The settlement must still be approved by the Cuyahoga County Probate Court.

Appeals Court Nixes Lawsuit by Expert Skier

A self-proclaimed expert skier cannot pursue damages for injuries he suffered while trying to perform a stunt at the Whiteface Mountain winter sports complex, according to a ruling by a New York court of appeals. In a unanimous ruling, an Appellate Division, 3rd Department panel found that the claim was barred by the doctrine of primary assumption of risk. Attorneys for the skier had argued that obstacles in the terrain park where the accident occurred posed concealed dangers to skiers.

Detainee Decision Could Be Tough on Plaintiffs, Experts Say

Plaintiff attorneys are bemoaning Monday’s Supreme Court decision to dismiss a complaint against former Attorney General John Ashcroft by a Pakistani Muslim who was detained in the wake of the 9/11 terrorist attacks. Experts in civil procedure predict that the ruling could make it much more difficult for plaintiffs, in all types of cases, to withstand defendant motions to dismiss. The case is Ashcroft v. Iqbal.

 

Ted Bills