Monthly Archives: September 2017
Opinion analysis: Court restricts lawsuits against out-of-state railroads
FELA does not itself create a special rule authorizing jurisdiction over railroads just because they happen to do business in a particular place, the court emphasized.
Second, the court continued, a Montana rule that allows courts in the state to …
— Simien & Simien, LLC (@LouisianaInjury) September 20, 2017
Appeals court: Ex-rail worker can keep $21M judgment for foot severely injured in accident on job
A state appeals court has upheld a $21 million judgment for a railroad worker who hurt his foot on the job.
The panel said Norfolk Southern failed to cite federal precedent to support its claim a disability award was improper for a FELA …
Supreme Court: General Personal Jurisdiction Test Applies to All Actions
In BNSF Railway Co. v. Tyrrell, 137 S. Ct. 1549 (U.S. 2017) (No. 16-405), plaintiff employees sued the defendant railroad under the Federal Employers’ Liability Act (FELA) in Montana state court.
The defendant was neither headquartered nor incorporated …
Amtrak building manager says company violated FELA through two injuries he suffered since 2014
An Amtrak building manager claims the company violated the Federal Employers Liability Act (FELA) on two occasions in the past three years, when he suffered two injuries in the course of his employment and/or tenure with the company.
FELA: Durable and still going strong
Railroads abhor it; labor leaders adore it.
The most senior and conservative Republican in the U.S. Senate is its staunchest supporter.
Say hello to the 109-year-old Federal Employers’ Liability Act (FELA), which has nothing to do with federal workers …
Lawsuit: Amtrak trackman and driver’s shoulder injuries are the result of FELA violation
An Amtrak trackman and truck driver has accused the train transportation company of violating the Federal Employers Liability Act (FELA) by not making for a safe workplace, which he says led to his serious shoulder injuries.
Adam R …
Former Amtrak electrician says company at fault for career-ending hand injuries
An Amtrak electrician has alleged the train transportation company violated the Federal Employers Liability Act (FELA) by not providing a safe workplace, and causing an electricity accident that left him with severe, career-ending …
Former railroad conductor and brakeman alleges his kidney cancer was caused by toxic substance exposure
A former train conductor and brakeman of 36 years claims a trio of rail companies violated the Federal Employers Liability Act (FELA) by neglecting to provide him a safe workplace, and allegedly causing him to contract kidney cancer …
Union Pacific prevails at Supreme Court in St. Clair County FELA case
Union Pacific Railroad, which won a jury verdict in an employee’s injury trial but lost it at the Fifth District appellate court, regained its victory at the Illinois Supreme Court on Feb. 17.
The Justices ruled that Union Pacific …
CSX Escapes $2M Verdict As Fla. High Court Drops Case
The duty at issue in the instant case is well-established, Manko said: “Under FELA, railroads owe a duty to exercise reasonable care to both provide a safe workplace and, as part and parcel of that duty, they have a duty to exercise reasonable care to …
Man imprisoned 17 years in wrongful conviction gets $817,000 compensation
A judge has awarded $817,000 to a Grand Rapids man who spent 17 years in prison for rape in a wrongful conviction.
Quentin Carter was awarded the funds Wednesday, Sept. 6 during a hearing before Michigan Court of Appeals …
Opinion: This is outrageous! Do the math; that works out to just $48,079 per year! So…the state of Michigan can wrongfully imprison a person indefinitely and then the only penalty it incurs is to pay them the equivalent of $5.50 per hour that they’re locked up! That’s not even minimum wage! UNBELIEVABLE!
GR man receives $817,351 for wrongful imprisonment
GRAND RAPIDS, Michigan
A man who was wrongfully convicted spent 17 years in prison for a rape he didn’t commit.
Now, Quentin Carter is getting a check for $817,351.
“I’m very happy,” said Carter in court following the ruling Wednesday.
Carter is …
CFPB sues Top Notch Funding for lying in loan offers to NFL players, Deepwater Horizon victims and 9/11 first responders
The Consumer Financial Protection Bureau wants to prevent Top Notch, owner Rory Donadio and his business associate John “Gene” Cavalli from ever offering or providing such products in the future.
A copy of the proposed consent order filed in federal district court is available at: http://files.consumerfinance.gov/f/documents/201709_cfpb_top-notch_proposed-consent-order.pdf
A copy of the complaint filed in federal district court is available at: http://files.consumerfinance.gov/f/documents/201709_cfpb_top-notch_complaint.pdf
The Bureau also ordered them to pay $70,000 in civil money penalties to the …
CFPB lawsuit isn’t Donadio’s first brush with the law; He also avoided prison in 2013 by pleading guilty in $33.7MM kickback conspiracy
Sheldon admitted that from about February 2005 to July 2009 he conspired …
NJ firm fined for allegedly scamming NFL vets, 9/11 first responders
The company, Rory Donadio, its owner and operator, and John Cavalli, a Donadio business associate, agreed to the filing of a federal court consent order without admitting or denying the allegations. They could not immediately be reached for comment. More info
$57 Million Awarded in Vaginal Mesh Lawsuit
The trial involved Ella Ebaugh, a woman who was injured by two vaginal mesh implants made by Ethicon Inc., a subsidiary of Johnson & Johnson.
One was the TVT-Secur mesh, which is no longer on the market.
The other was the company’s “standard” TVT …
Manchester woman awarded $57 million in vaginal mesh lawsuit
A 51-year-old Manchester woman was awarded more than $57 million for injuries she suffered from vaginal mesh devices.
The devices, created and marketed by Johnson & Johnson subsidiary Ethicon Inc., were implanted into Ella Ebaugh in 2007 to treat her …
Risperdal Judge Explains Reasons for Denying Janssen a New Trial
A recent plaintiff verdict overturned, the Pennsylvania state judge assigned to the case explained last month why he denied a request by Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. for a new trial in the Risperdal side effects …
— Experts.com (@Experts_Com) September 19, 2017
Philadelphia Risperdal Docket Almost Triples in First Half of 2017
The number of cases involving the anti-psychotic drug Risperdal almost tripled in the first half of 2017, jumping from approximately 2,000 cases at the beginning of the year to more than 5,500 as of June 2017, comprising the largest mass tort …
Risperdal Plaintiff Green Lighted to Pursue Risperdal Lawsuit in New York
New York, NY
The plaintiff in a Risperdal lawsuit who faced a petition for summary judgement on the part of the manufacturer, won the right to pursue the majority of his claims following a ruling by a New York judge that testimony by an expert witness …
Risperdal Lawsuit Filings Exceed 6000 in Pennsylvania Mass Tort, as Court Prepares for Sept Meeting
Plaintiffs who allegedly developed gynecomastia due to treatment with Risperdal continue to file claims in the Pennsylvania mass tort program currently underway in the Philadelphia Court of Common Pleas.
Philadelphia Judge Refuses to Overturn $2.5 Million Risperdal Plaintiff Verdict
According to testimony given by Pledger’s mother during the trial in the family’s Risperdal lawsuit. Benita Pledger also testified that her son would habitually cover himself with a large towel when he stepped from the shower, before he could bring …
Stockton man dies in fatal motorcycle crash in southern Sacramento County
Steven Michael Rivera was traveling northbound near Hood-Franklin Road about 9:30 p.m. when he suddenly veered off the freeway, lost control and was thrown from his 2009 Harley-Davidson motorcycle, according to the California Highway Patrol.
Police have released new information about last week's fatal Augusta motorcycle crash https://t.co/lryv9UVj3u
— B98.5 (@B985COUNTRY) September 20, 2017
Off-Duty CHP Officer Killed In Crash In Southern Santa Clara County
Authorities said the officer was on a motorcycle on the way to work when was involved in a crash with a truck at 5:51 a.m. on the Monterey Highway just south of Chester Street near San Martin.
The initially unidentified 44-year-old officer assigned out of the Gilroy CHP office was declared dead at the scene and his body was covered with an American flag.
CHP officials did not immediately release the name of the officer while his family was being told.
Charges filed in mysterious fatal motorcycle crash
According to witnesses, Davis was unable to get over into the proper lane as the pickup passed and was forced to lay his motorcycle down and then collided with a stopped minivan waiting to travel south on Polk City Drive.
Davis died at the scene due to …
— KCCI News (@KCCINews) September 20, 2017
Motorcycle crashes in Queens, Brooklyn kill one, injure another
The fatal motorcycle crash happened at about 5:25 p.m. on the Northern Blvd. exit ramp of the Grand Central Parkway in Flushing, and not far from Citi Field.
Matthew Rosenzweig, 42, lost control of his bike, struck a teen girl and smashed into a …
Name released in fatal Sullivan County motorcycle crash
Authorities have released the name of the man killed in a motorcycle crash on State Highway 75 in Sullivan County.
Steven Hall, 33 of Kingsport, was killed in the crash which occurred around 2:26 a.m. Monday. Tennessee Highway Patrol said Hall was …
Cromwell woman dies in fatal motorcycle crash
The crash happened on U.S. 30 between County Roads 500 E and 600 E around 10 p.m., Indiana State Police said.
Investigators believe Micheal S. Miller, 40, of Cromwell, was riding the motorcycle west on U.S. 30 in the right lane and may have tried to …
Motorcyclist killed in northeast Valley crash identified
Medical examiners have identified a motorcyclist killed in a crash in the northeast portion of the Valley on Sunday.
According to the Clark County Coroner’s Office, 28-year-old Nicholas Turnball died as the result of the crash.
Officers responded to the collision at the intersection of East Lake Mead Boulevard and Christy Lane at 3:31 p.m.
MotorcyclesFor.me Stockton man dies in fatal motorcycle crash in southern Sacramento County – Sacramento Bee https://t.co/axsOVvPUIi
— MotorcyclesFor.me (@MotorcyclesFor) September 20, 2017
Troopers investigating fatal motorcycle crash in Williamsburg
State troopers say a collision between two motorcycles killed one person and injured two others Saturday.
The crash happened at approximately 12:20 p.m., according to South Carolina Highway Patrol Lance Cpl. Jedd Jones.
The two motorcycles, a 2012 …
Man killed in fatal motorcycle crash
The male rider of the motorcycle died at the scene.
A woman, who was also on the motorcycle, suffered major injuries and was taken to a nearby hospital for treatment.
The identities of the victims have not yet been released.
It is unknown if speed …
Lawsuit filed against nursing home after deaths during Irma
A 94-year-old resident filled a lawsuit Sept. 15 against the Rehabilitation Center at Hollywood Hills.
During Hurricane Irma, eight residents died after the air condition system failed.
The lawsuit claims the nursing home …
Florida nursing home where 8 people died claims it had called Gov. Rick Scott's personal cell for help; he denies: https://t.co/qTEclaRsYh
— Daniel Dale (@ddale8) September 16, 2017
— ALN Consulting (@ALN_Consulting) September 20, 2017
Miami Residents to File Class-Action Suit Against FPL for Allegedly Inadequate Irma Preparation
Residents threatened to sue FPL if it didn’t get the cities’ power back by Sunday night.
Today two South Miami-Dade residents beat those cities to the punch by announcing plans to file a class-action lawsuit against the power company for what they claim was a decade of …
94-year-old sues Florida nursing home where 8 residents died in wake of Hurricane Irma
A 94-year-old woman living at the Florida nursing home where eight residents died after an air conditioning system failed in the wake of Hurricane Irma is now suing the rehabilitation center, claiming it showed “negligence and reckless indifference …
Rocky River nursing home offers $375,000 settlement involving overdose death
A Rocky River nursing home has offered to pay $375,000 to settle a lawsuit brought by the family of a woman who died after nurses mistakenly gave her 20 times the prescribed dosage of oxycodone, records show.
Normandy Manor is …
1st Lawsuit Filed Against Nursing Home Where 8 Patients Died
Two days since the nursing home tragedy, the first lawsuit has been filed.
Armed with a search warrant, Hollywood Police Department crime scene technicians continued to comb The Rehabilitation Center at Hollywood Hills with …
Baltimore law firm leads class-action against Equifax
Maryland is one of the first states to file a class-action lawsuit against Equifax for its massive data breach exposing personal information for 143 million people.
Will Equifax be held accountable?
It will likely be toward the end of the year when the many class actions come before a multi-district litigation panel and are moved into one proceeding, according to Francis.
After that, the group can be certified as a class.
If you are part of the …
US Justice Department investigating Equifax execs who dumped shares before announcing breach
The U.S. Justice Department is said to be investigating the questionable sale of stock by Equifax executives in advance of the company’s public announcement of its massive data breach.
The investigation is said to include U.S. prosecutors in Atlanta …
SecMash: Equifax faces criminal probe after executives sold off stocks before disclosing data breach – Vox
— The Clairvoyant (@clairvoyant_the) September 18, 2017
U.S. Justice Department investigating Equifax execs who dumped shares before announcing breach https://t.co/Anxn7yh6E8
— Patriotic Lady (@Stips620) September 18, 2017
Equifax: How Revenue And Business Model Will Be Impacted By The Breach
Since Equifax (NYSE:EFX) announced its unprecedented data breach, much has been written about its mounting lawsuits.
Many also correctly posited that the pending government investigations will likely lead to large fines.
There also is the case of …
The Equifax Breach and 5 Years of Missed Warning Signs
Reports that Equifax’s chief information officer along with their chief security officer were retiring should alleviate few concerns and not divert scrutiny from the company’s risk governance standards.
While this is not the largest data breach in …
Mother killed by 20-year old drunk driver WITH 3 PRIOR DUI’S!!!
OPINION: This is a case where the system has clearly failed. This 20-year old already had 3 prior DUI’s and was still walking around free and driving on a suspended license. He should have already been in prison but the judge let him walk “with restrictions”. Now an innocent mother of 2 is dead because of that decision. Things need to change so that DUI gets mandatory prison time BEFORE someone is killed.
Washington Township, NJ
Authorities say a 20-year-old with multiple DUIs on his record hit and killed a mother of two in Washington Township, New Jersey.
According to authorities, he was under the influence again and was driving with a …
Families, friends remember drunk driving crash victims at Walk like MADD
Mothers Against Drunk Driving, MADD, held the annual “Walk like MADD” event in Greenville Sunday to bring awareness to drunk driving.
Friends and families of victims killed in drunk driving crashes gathered together to …
— Outer Banks Voice (@OuterBanksVoice) September 18, 2017
Family, friends of mother killed by alleged drunk, wrong-way driver: “Would like to see some remorse”
A Milwaukee mother of two was killed by a wrong-way driver, and prosecutors say that driver was drunk.
Candace Franckowiak was working as a medical courier when she was struck head-on, and Franckowiak’s family is remembering a …
Deadly Drunk Driving Wreck Lands Donna Woman In Prison
A Donna woman has been sentenced to seven years in prison for a drunk driving wreck that killed an acquaintance of hers.
A Hidalgo County jury handed down the punishment against 40-year-old Perla Elizabeth Arguelles.
Arguelles, early the morning of …
Drunk driver jailed after crashing and killing man on first Tinder date
A drunk driver killed a man who was on a Tinder date and left the woman he was meeting in a coma after running them over.
Ion Toader, 34, crashed into Ronald Cardenas, 32, and Ruxandra Zavoianu, 28, after flipping his Mercedes on Willesden High Road, …
Man sentenced for drunk driving crash near Marina del Rey that killed Georgia firefighter
Torrance firefighters from Station 96 salute as the body of Georgia firefighter Ron Herens, who was killed in a suspected DUI crash in Marina del Rey, was driven by procession from the Los Angeles County Coroner’s Office to Rice Mortuary in Torrance.
Lincoln High School Football Player Killed in Crash with Suspected Drunk Driver
The person driving Allison is in stable condition at the hospital.
Late Friday night a small memorial of candles had started near the signal post where the crash happened.
The Lincoln Lunatics twitter account posted, “Prayers, always.
Support our …
I'm at Lincoln H.S. where students are coping with the loss of classmate Cameron Allison, killed by alleged drunk driver. pic.twitter.com/fTTMXqtQB6
— Carlos Correa (@CarlosCorrea2) September 18, 2017
Mentally ill Bronx man killed by police Taser ignites wrongful death lawsuit against cop and NYPD
The family of a mentally ill Bronx man who died after a cop subdued him with a stun gun will file a wrongful death suit against the NYPD and the officer who used the device.
The state attorney general’s office has already indicated that it would not …
Mentally ill Bronx man killed by police Taser ignites wrongful death lawsuit against cop and NYPD https://t.co/AQYCalNGTI
— NYPD bot (@NYPDbot) September 18, 2017
Timeline in murder case against ex St. Louis police officer
A St. Louis judge ruled Friday that former St. Louis police officer Jason Stockley is not guilty in the 2011 death of Anthony Lamar Smith.
A timeline of events leading up to the ruling…
Wrongful Death Lawsuit Filed Against The Boy Scouts of America
For many parents, the thought of losing a child is almost too much to bear.
Unfortunately for two parents in Texas, John and Copper Comita, they’ve had to face every parent’s worst nightmare and filed a wrongful death lawsuit as a result.
Their lawsuit …
— Legal Reader (@legal_reader) September 18, 2017
Trial Begins In Wrongful Death Lawsuit Of U Of O Student
Trial has begun in the civil lawsuit filed by the mother of Lauren Jones, a University of Oregon student who died during a meningococcal outbreak in 2015.
During opening statements Wednesday, attorney Dave Miller told jurors that …
Widow claims aircraft upgrades played a role in husband’s death
The widow of a Pennsylvania dentist has sued Rainbow King Lodge and the provider of popular aircraft modifications, claiming they are responsible for killing her husband in a 2015 plane crash.
The wrongful death suit targets the …
Family of Sachem East Football Player Files Wrongful Death Lawsuit
According to the claim, Ancharski-Mileto said the school district and football club’s “negligence and carelessness” were the reason behind the accident that claimed her son’s life.
But what happened?
Well, the accident took place at a summer football …
Abuse allegations, arrests mount at state mental hospital
At Connecticut’s only maximum-security psychiatric hospital, staff members put a diaper on a patient’s head, threw food at him, poured water over him, put salt in his coffee, kicked him and placed a mop on his head after cleaning a floor, according to a state report.
Thirty-one staff members at the Whiting Forensic Division hospital in Middletown have been suspended, and nine have been arrested.
More arrests are expected, police say, and calls are pouring in with more allegations of misconduct and abuse, according to a state lawmaker who is calling for legislative hearings.
Current and former staff members, as well as patients’ relatives, are alleging abuse of other patients and staff wrongdoing, she said.
“It’s really incomprehensible that this could happen in this day and age,” said Sen…
Adrian Jones’ family files wrongful death lawsuit
A new $25 million lawsuit has been filed in the death of Adrian Jones, a 7-year-old boy who was horribly abused.
His body was fed to pigs to cover up the crime.
His father and stepmother are both in prison for his abuse and death.
When Adrian’s …
Hernandez estate loses bid to move wrongful death suits to Bristol County
The estate of Aaron Hernandez has suffered a setback in a wrongful death lawsuit brought by the families of two alleged victims of the former New England Patriots star.
In a recent ruling, Suffolk Superior Court Judge Douglas H. Wilkins denied a motion …