californianlawyer.com

November 20, 2006

Jury Finds for Woman in Problematic Birth Case

A NV jury awarded a woman whose son was born with severe health problems $15 million for his problematic birth. The jurors determined that her doctor failed to react to signs of distress in the mother and baby. The hospital was found 10 percent liable while the jurors ruled the doctor was 90 percent liable for the baby’s cerebral palsy and other related health problems.

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Settlement Reached in Discrimination Suit Against Tyson

A $1 million settlement will resolve a racial discrimination suit filed by 13 current and former employees at an AL poultry plant. The company will also ensure that employees are trained on anti-discrimination policies. Tyson denies violating any laws.

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November 17, 2006

Jury Awards Citgo Record Judgment

Filed under: business, insurance, Construction Defect — @ 10:07 pm
 
Citgo Petroleum Corp. was awarded $387.4 million for a refinery fire caused by a defective pipe. The parts manufacturer, Babcock and Wilcox Co., was held liable for 45 percent of the damage because their faulty parts could not withstand the corrosive chemicals in petroleum. The verdict is the largest in Cook County\’s history.
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Suspected Pretexters Named in AT&T Lawsuit

Filed under: business, marketing, Fraud — @ 6:50 pm

AT&T\’s lawsuit alleges two individuals and five companies accessed private customer information without authorization. They have been accused of pretexting, a practice in which individuals pose as a customer in order to gain confidential information.

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November 16, 2006

Jury Increases Damages in Firefighter’s Case Against City

Filed under: personal injury law, Employment Law — @ 7:45 pm

A former Cleveland firefighter will receive $1.5 million in economic damages in addition to $175,000 in compensatory damages. The former firefighter alleged management retaliated against him after complaining of hostile and racist work conditions. The city appealed the case to the 6th U.S. Circuit Court of Appeals, but the court also agreed he was entitled to economic damages.

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Jury Deadlocked in Case Involving Collapse of Pier 34

The Common Pleas Court jury failed to reach a verdict in a case involving the deterioration and collapse of Pier 34. The court will try again to determine if the owner and operator might have known of the deterioration before the collapse killed three women. The defendants\’ charges include involuntary manslaughter, risking a catastrophe, recklessly endangering another person, and conspiracy.

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Class Action Settlement Spurs Dispute Over Distribution of Fees

Filed under: business, Class Actions — @ 5:23 pm

A $125 million settlement resolved a class action lawsuit between a tool company and its franchises but also resulted in a dispute between the plaintiffs firms who represented them. The two firms must determine whether they should split the excess fees 50-50 or 60-40 by possibly determining whose efforts were more integral to the case\’s success. It has already been decided that the plaintiffs named in the case will each receive $50,000, while the remaining class members will receive as much as $15,000 each.

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November 15, 2006

Faulty Software May Prompt Prosecution Against Educators

Filed under: business, Class Actions, Product Liability — @ 11:05 pm

The Houston Federation of Teachers has issued warnings that a faulty new software system commits errors that could cause legal problems. The Chauncery software system has made mistakes regarding student attendance and immunization records. The union recommended its 6,500 members send a letter to the superintendent requesting exemption from disciplinary action if the program makes a mistake.

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MADD Seeks Reinstatement of Record Verdict

Filed under: personal injury law, business, Product Liability — @ 10:11 pm

An appeals court reversed a record $105 million verdict against Giants Stadium vendors claiming “culture of intoxication” testimony was not authorized by statute. A trial judge had allowed evidence that vendors perpetuated a rowdy and drunken culture by serving inebriated patrons and selling more than two beers at a time. In an effort to reverse the appeal, Mothers Against Drunk Driving claims that juries should know whether a liquor establishment has a bad reputation especially when the defense is allowed to present circumstantial evidence about its training of beverage vendors.

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Wrongfully Arrested Man May Have Waited Too Long to Sue

Filed under: personal injury law — @ 9:06 pm

A man who spent eight and a half years in custody had his charges dropped in 2002 and sued the cops who arrested him a year later. His first attempt to sue was declined because he “waited too long” to take action. The plaintiff had two years to file a civil rights claim, but justices must decide when the two-year clock actually started.

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