Archive for
May, 2010
Published
May 20th, 2010
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Briefs, Misconduct, Of General Interest, Product Liability, Studies of Interest |
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High levels of the toxic metal cadmium have forced Wal-Mart stores across the country to pull its Miley Cyrus line of children’s jewelry from the shelves. The Associated Press reported earlier this week that Wal-Mart received information about the high cadmium levels in February, but continued to sell the product. In April, company officials said they were testing all incoming products, but would not test items already on the shelves because “it would be too difficult.” USA Today is reporting that the retailer finally did pull the jewelry because of the AP report.
Published
May 19th, 2010
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Briefs, Of General Interest, Recent case filings |
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Another lawsuit has been filed against the new Arizona state law that requires local police to enforce federal immigration regulations. An attorney for the America Civil Liberties Union, one of the groups involved in filing the suit, called the law “shameful, un-American, it will undermine public safety and it is unconstitutional.” The new immigration law will promote racial profiling by police and violations of citizens 1st and 4th Amendment rights, the lawsuit states.
Published
May 19th, 2010
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Briefs, Misconduct, Of General Interest |
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Tennessee Commerce Bancorp has been named with a lawsuit over the firing of its former Chief Financial Officer George Fort. The lawsuit, filed by the U.S. Department of Labor, claims that Fort was fired as retaliation for reporting possible accounting rules violations. Fort raised questions about former Chairman and Chief Executive Officer Art Helf’s sale of $1.1 million in stock in June 2007, shortly before the bank told shareholders that three board members were quitting in protest of large pay increases for top executives. The lawsuit is demanding that Fort be given his job back and paid $1.5 million in back pay and legal fees.
Published
May 19th, 2010
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Briefs, Misconduct, Of General Interest, Recent case filings, Wrongful Death |
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A lawsuit has been filed against the Detroit Police Department over the fatal shooting of a 7-year-old girl and an alleged police attempt to cover up the facts of the case. On May 16, Aiyana Stanley-Jones was shot in the neck during a police raid of an apartment complex. According to the lawsuit, police officers tossed a flash grenade into the Jones home and then began firing bullets into the house from the outside, one of the hitting Aiyana in the neck. Police officers claim that the shooting happened once they were inside, and resulted from someone in the home attacking one of the officers. The suit accuses the police and city of civil rights violations and conspiracy to cover up the truth and is seeking more than $75,000 in damages.
Published
May 19th, 2010
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Briefs, Only in California!, Recent Rulings, Wrongful Death |
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A judge has ruled that a lawsuit over the fatal shooting of a man by five city New York City police officers may proceed. Sean Bell was shot and killed in 2006 after he accidentally hit a police officer in the leg with his car while leaving a bachelor party. Officers fired more than 50 bullets at the car Bell was driving, saying they believed either he or one of the other two men in the car to be armed. There were no guns in the car. The two sides will meet to discuss a possible settlement in late July.
Published
May 19th, 2010
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Briefs, Insurance Bad Faith, Misconduct, Of General Interest |
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In Florida, a group of workers’ compensation insurance companies has been ordered to repay millions of dollars in excess profits to policyholders. Florida Insurance Commissioner Kevin McCarty announced this week that 16 insurers must pay a total of $9.4 million back to their customers. State law requires workers’ compensation insurers to return excess profits. Data showed that the 16 insurers had realized excess profits in 2005, 2006 and 2007. The companies have 60 days to comply with the order.
Published
May 18th, 2010
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Briefs, Of General Interest, Product Liability, Wrongful Death |
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On Monday, federal regulators issued a mandatory recall of 1.8 million toy dart gun sets after two separate deaths of children who inhaled the darts and suffocated when the suction cup blocked their airways. The recall has prompted safety officials to rethink an old safety standard that assumes that children over the age of 3 generally won’t put something unsafe in their mouth. The deaths occurred nine months apart, but a recall was not issued after the first death because the toy didn’t violate a mandatory safety standard at the time, the Chicago Tribune reports. The toy was imported by Henry Gordy International Inc. and sold at Family Dollar stores.
Published
May 18th, 2010
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Automobile Accidents, Bodily Injuries, Briefs, Case Settlements, Of General Interest |
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The City of Charleston, W.Va., have agreed to a $25,000 settlement with a local family who filed a lawsuit against the city after their car was hit by a drug dealer who was fleeing from police. Marjorie E. and Samuel Cavender both suffered injuries in the crash, and Marjorie was hospitalized for days. The chase occurred during an attempt to set up a drug bust by undercover city police officers. The city maintains that their officers followed procedure during the chase, but agreed to settle to avoid protracted litigation.
Published
May 18th, 2010
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Briefs, Misconduct, Of General Interest, Recent case filings, Your Government at Work for You |
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In the wake of the April 20 rig explosion in the Gulf of Mexico, a lawsuit has been filed against British Petroleum in an attempt to stop drilling at the company’s Atlantis platform, the deepest offshore well in the world. The lawsuit, filed by former BP safety consultant Kenneth Abbott, claims that cut safety corners by failing to provide necessary design documents to offshore workers and that federal regulators have completely ignored these violations. Abbot initially reported the missing documents to Congress in February, and the Minerals Management Service promised to launch an investigation into the matter. They have yet to interview Abbot or anyone else on the subject.
Published
May 17th, 2010
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Automobile Accidents, Briefs, Colorado Springs Only, Of General Interest |
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On 05-16-10 at approximately 3:45am, the Colorado Springs Police Department received a call reporting that a car carrier semi truck had rolled over off the west side of southbound I-25, south of Cimarron Street. Investigation revealed that the semi had 10 cars on the carrier at the time of the incident.
Speed and alcohol did not appear to be a factor in the crash. The driver of the semi sustained minor injuries but was treated and released on scene.
Southbound I-25 was closed to one lane for several hours during the investigation.
The driver was cited for Careless Driving and released.