JuristMail - Legal News » financial damages

Craigslist Shielded Against Erotic Services Lawsuit

Alicia Norman — Wed, 25 Nov 2009 18:28:50 +0000

An Illinois based federal judge granted Craigslist a motion for a judgment over the website’s ex “erotic services” listing. Seeking financial award under the Communications Decency Act, Thomas Dart, the Sheriff of Cook County Illinois, filed a lawsuit against Craigslist alleging that its erotic services category helped perpetuate prostitution. Thomas Dart is seeking an injunction prohibiting Craigslist from publishing erotic services listings. The sheriff also desires financial compensation for the money that his office has spent investigating prostitution occurring on the site.

Soon after the suit was filed, Craigslist changed the title to “adult services” and instituted a review process for postings in that particular category. Sheriff Dart argued that the changes did not eliminate the problem.

Illinois district Court Judge John Grady ruled that Craigslist was shielded from liability by section 230 of the Communication Decency Act which states that a provider of an interactive service can’t be held accountable for what transpires via third party material. Responsibility then falls onto the shoulders of the person posting the content, not the website providing the services.

The ruling means that Thomas Dart cannot recover financial damages from Craigslist under the stipulations of his suit.

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Man Wrongfully Imprisoned seeks Financial Restitution

Alicia Norman — Tue, 10 Nov 2009 23:04:50 +0000

A man who was wrongfully convicted and imprisoned for 27 years is seeking monetary compensation for his pain and suffering.

Former inmate William Dillion is asking for a settlement in the upper millions of dollars for a conviction that landed him in a Brevard county correctional facility. Although DNA exonerated him from the 1981 murder of James Dvorak, Dillion may have difficulty receiving reparation because of a prior felony drug conviction.

Freed last November, a Tallahassee court heard the case last week, where Dillion stated that it would be impossible to place a dollar amount on his freedom.

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Family Awarded $6.74 million for Fatal ADM Accident

Alicia Norman — Thu, 17 Sep 2009 14:52:25 +0000

A Decatur Illinois jury decided that agribusiness company Archer Daniels Midland Co. would pay wrongful death restitution to the family of a 26-year-old man who was killed at one of their plants. They awarded the grieving family $6.74 million dollars for the March 2007 death of Francisco Moreno Garcia this past Friday at the Macon County Court in Decatur.

The tragic work related accident occurred March 23rd 2007 as Garcia attempted to install insulating pipes at one of the Decatur based ADM facilities. A nearby machine malfunctioned and sprayed the man with hot fluid and steam. Fellow co-workers tried to help him by getting him into the safety shower but the man’s skin was peeling off in strips.

Garcia died at the hospital and was said to have burns over 90 percent of his body.

An ADM spokesperson expressed a desire to consider an appeal to the award, but offered their sympathy to Garcia’s family.

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Global Internet Crime on the Rise

John Fiore — Tue, 15 Sep 2009 15:44:50 +0000

The FBI recently reported that international computer spying and information theft are at an all-time high, costing the United States millions of dollars in security measures and threatening many citizens. Shawn Henry, Assistant Director of the FBI, stated that groups in over two dozen countries have taken an “aggressive interest” in penetrating the security of the networks of various corporations within the US. Several United States intelligence agencies have recently expressed concern over Russia and China’s ability to infiltrate and disrupt networks within the United States.

Many Americans experience identity theft in some form or another at some point in their lifetime, and protecting yourself from internet crime is an important aspect of functioning in today’s world. For legal support and advice regarding all matters of law, contact our offices in Los Angeles.

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Spinach Companies Sued by Wisconsin Woman after E. Coli Outbreak

Alicia Norman — Tue, 08 Sep 2009 03:50:36 +0000

85-year-old Jane Majeska of Fond du Lac, Wis. is suing California spinach growers and shippers after eating a tainted batch of the leafy green. The Spinach was riddled with E. Coli which killed three people and sickened 200 nationwide.

In Jane’s Majeska case, she ended up on a ventilator and feeding tube after developing hemolytic uremic syndrome from consuming Dole Spinach in August of 2006. Dole representatives declined to comment, citing that it was their policy not to discuss pending litigation with the public.

The product liability lawsuit Majeska filed this past Thursday sought an untold sum in financial damages from Dole, Natural Selection Foods, Mission Organics and Pic-n-Save.

The outbreak prompted an investigation from the U.S. Department of Agriculture who sought to improve the conditions that lead to the epidemic. Officials recently announced that the USDA was considering a new proposal that proponents say can keep bacteria-tainted greens from reaching grocery shelves.

The industry lost 80 million in sales after the outbreak.

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Lawsuit Claims Crest Pro-Health Mouthwash Discolors Teeth

Alicia Norman — Tue, 08 Sep 2009 03:50:09 +0000

A newly emerging product liability lawsuit against Procter and Gamble was filed by disgruntled plaintiffs who charge that Crest Pro-Health mouthwash stains teeth. According to official documents filed in Michigan federal court, the mouthwash contains a chemical that is known to yellow and brown the teeth, but the bottle contains no warning in this regard.

An official at Procter and Gamble did concur that a small number of people complained about tooth staining but stood being the products viability. She pointed out that the Crest Pro-Health mouthwash was dentist recommended and met FDA requirements.

Even so, Leslie McQuillan filed the lawsuit in the U.S. District Court for the Eastern District of Michigan on the behalf of thousands of consumers who say Crest Pro-health discolored their teeth over the past six years. The compliant points out that the mouthwash works counter to its purpose and that Michigan consumer protection laws were violated in that Procter and Gamble misrepresented the product’s effectiveness.

McQuillan seeks financial damages and injunctive relief for the individuals involved in the class action lawsuit.

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Taco Bell Corp. Agrees to Settlement in Sexual Harassment Case

Alicia Norman — Tue, 01 Sep 2009 14:41:58 +0000

Taco Bell agreed to pay the sum total of $350,000 dollars to two 16-year-old workers after former chain supervisor Terence E. Davis admitted to raping both. Apparently Davis assaulted one victim on her first day of work while the other victim had been attacked earlier. Davis plead guilty and is serving two consecutive eight year sentences for the crimes in Tennessee, where they occurred.

Sometime after the admission from Davis, The Equal Employment Opportunity Commission revealed that Taco Bell Corp., would pay the victims a combined reparation of $350, o00. Just how the agreement was reached and with whom was not disclosed.

Taco Bell also announced plans to begin workplace harassment prevention training in the Memphis area in response to the incident.

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Countrywide Settles with Former Employees Over Retirement Losses

Alicia Norman — Mon, 31 Aug 2009 22:02:36 +0000

A $55 million dollar settlement was reached between Countrywide Financial Corporation and disgruntled former employees over retirement plan losses. The Los Angeles federal judge recently approved the settlement citing the fact that the company had violated the Retirement Income Security Act of 1974 when they failed to monitor employee retirement funds, which had been held in a company stock.

The Alvidres vs. Countrywide Financial Corp., suit was field in 2007 after employees learned they would not receive their retirement funds due to Countrywide’s mishandling of company stocks. A U.S. District Court Judge agreed and awarded the settlement on August 24, 2009 on behalf of ex-Coutrywide employees. Final approval for the settlement is slated for Nov 16, 2009.

A spokeswoman for Bank of America Corp, who bought out Countrywide last year, explained that they were settling to avoid further cost and uncertainty in regards to litigation and that the move was not a formal admission of wrongdoing.

The settlement encompasses all partipating class action members who had a claim in retirement funds spanning January 31, 2006 to July 2008.

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Vets Falsely Told They Have Lou Gherig’s Disease

Alicia Norman — Wed, 26 Aug 2009 00:29:17 +0000

At least 2,500 letters were sent to inform ALS sufferers of their disability benefits, with half being a mistake. In the letters, recipients were informed that they had the neurodegenerative condition known as Lou Gehrig’s disease. The disorder is fatal, usually killing the patient within five years of diagnosis. While roughly ten of the recipients of the letter returned them saying there had been a mistake, some of the at least 1,200 individuals who received the letter in error experienced tremendous stress and anxiety over the news. Others underwent a battery of extremely painful and expensive medical related procedures and tests.

Representatives for the National Gulf War Resource Center say that the mistake was a result of a coding error. A Gulf War Veterans Group is asking that the VA reimburse those who spent money for medical tests related to the blunder. They said they will try to work with the VA on the matter because they realize was an honest mistake. If the issue is not resolved however, the possibility of litigation to recover financial and punitive damages remains open.

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