Lawyers are racing to put a stop to red-light traffic cameras.
In the past two weeks, several hundred drivers from throughout the state have joined class action suits filed against Aventura, Miami Gardens, Juno Beach and Orlando. Jason Weisser, an attorney leading the latest charge, says he plans to file a lawsuit against Pembroke Pines, North Miami, Homestead and 16 other local governments in the next two weeks.
“The phone has been ringing consistently over the last two weeks,” said Weisser, whose West Palm Beach-based firm, Schuler, Halvorson and Weisser has recruited clients through newspaper advertisements. “They are violating people’s constitutional rights (in order) to make a buck.”
Should they be banned or are they a good way to enforce traffic laws?
Read the whole article at cameras
Tuesday, August 25, 2009
Tuesday, August 11, 2009
AT&T says no class action suits
AT&T has recently changed its terms and conditions and by continuing to use its service you are basically agreeing to them.
The new ToC says that subscribers can’t participate in class action suits against the company. The only type of suit that AT&T will allow is on an individual basis. It takes some testicular fortitude to say hey, use my service and you promise not to sue if we really suck.
I seriously doubt that this will stop anyone from bringing class action suits against AT&T should the need arise. I also wonder if you refuse to agree to the new ToCs if this is your out from your contract.
Read all about it at AT&T
The new ToC says that subscribers can’t participate in class action suits against the company. The only type of suit that AT&T will allow is on an individual basis. It takes some testicular fortitude to say hey, use my service and you promise not to sue if we really suck.
I seriously doubt that this will stop anyone from bringing class action suits against AT&T should the need arise. I also wonder if you refuse to agree to the new ToCs if this is your out from your contract.
Read all about it at AT&T
Monday, August 10, 2009
Class Action Suit Demands Cancer Warnings on Hot Dogs
Should one of America’s favorite foods be treated the same as cigarettes?
Officials with the Cancer Project think so, which is why the organization is suing to force manufacturers of hot dogs to add warning labels to packages. According to the plaintiffs, consuming hot dogs can increase the risk of acquiring colorectal cancer, and companies like Kraft Foods, Sara Lee, Conagra, Nathan’s Famous, and Marathon should be required to warn consumers of this danger.
For more info check out HOTDOGS
Officials with the Cancer Project think so, which is why the organization is suing to force manufacturers of hot dogs to add warning labels to packages. According to the plaintiffs, consuming hot dogs can increase the risk of acquiring colorectal cancer, and companies like Kraft Foods, Sara Lee, Conagra, Nathan’s Famous, and Marathon should be required to warn consumers of this danger.
For more info check out HOTDOGS
Tuesday, August 4, 2009
Busted on MySpace: 2 FL men face charges over hand jestures
Elvis Rodriguez, 30, flashed Latin Kings hand signals on his MySpace.com page and called himself “King Kamel,” according to his arrest report.
Richard Figueroa-Santiago, 22, used his MySpace page to post pictures of friends making “Eastside” hand gestures, detectives said.
Now, in the first cases of their kind in Florida and in the nation, both Lee County men face five years in state prison for the gang-related content of their Web pages.
Their prosecutions are the first under a state law passed last year that criminalizes the use of electronic media to “promote” gangs.
Attorneys for both are challenging the law as unconstitutional. What do you think?
Read the entire article at gangs.
Richard Figueroa-Santiago, 22, used his MySpace page to post pictures of friends making “Eastside” hand gestures, detectives said.
Now, in the first cases of their kind in Florida and in the nation, both Lee County men face five years in state prison for the gang-related content of their Web pages.
Their prosecutions are the first under a state law passed last year that criminalizes the use of electronic media to “promote” gangs.
Attorneys for both are challenging the law as unconstitutional. What do you think?
Read the entire article at gangs.
Monday, July 27, 2009
Big changes may be coming for the how the NCAA operates
The NCAA maintains it serves the interests of universities and their athletes. But the ever-expanding commercialism of college sports increasingly places those interests at odds.
The result is a new string of legal challenges brought against the National Collegiate Athletic Association by athletes who think they have been unfairly used for financial gain or hamstrung as they pursue their own financial gain.
Those challenges might not only redefine the relationship among the NCAA, universities and athletes but also come with a hefty price tag.
Read more at NCAA.
The result is a new string of legal challenges brought against the National Collegiate Athletic Association by athletes who think they have been unfairly used for financial gain or hamstrung as they pursue their own financial gain.
Those challenges might not only redefine the relationship among the NCAA, universities and athletes but also come with a hefty price tag.
Read more at NCAA.
Monday, July 20, 2009
Hearing-impaired football fan sues Ohio State
A hearing-impaired Ohio State University football fan has sued the school, arguing that the university should offer captioning on the scoreboard and stadium televisions because he can't hear the announcers.
"When I go to a game, I'm never able to follow the game," said Vincent Sabino, 32, of Hilliard. "It takes away from being a fan. It's a game experience thing."
Do you think OSU should have to add captioning to their in-stadium broadcast?
My feeling is no. An OSU football game is not a public event. It is only for the people who purchase a ticket. If your experience is not what you think it should be then don't buy a ticket. If I think big crowds take away from my ability to enjoy the game should I be able to sue to have attendance limited? Of course not.
what do you think? Read the article at hearing.
"When I go to a game, I'm never able to follow the game," said Vincent Sabino, 32, of Hilliard. "It takes away from being a fan. It's a game experience thing."
Do you think OSU should have to add captioning to their in-stadium broadcast?
My feeling is no. An OSU football game is not a public event. It is only for the people who purchase a ticket. If your experience is not what you think it should be then don't buy a ticket. If I think big crowds take away from my ability to enjoy the game should I be able to sue to have attendance limited? Of course not.
what do you think? Read the article at hearing.
Friday, July 17, 2009
Class Action Lawsuit Against Facebook
A class action lawsuit has been filed against Facebook, alleging that Facebook is charging advertisers for more clicks than their ads actually receive, and also that Facebook is not doing enough to curtail click fraud.
If you've ever advertised on FB you need to check this out.
Read the whole article at Facebook
If you've ever advertised on FB you need to check this out.
Read the whole article at Facebook
Thursday, July 16, 2009
Fla. man sues over being denied hair transplant
A South Florida man says he was denied a hair transplant because he is HIV positive and is suing the doctor that denied him treatment for $15,000 or more. What do you think?
Read the AP release at transplant
Read the AP release at transplant
Age-discrimination lawsuit against Boing seeking class-action status
"An aging work force in and of itself is — is difficult, problematic for the business, for sustaining the business long-term," according to Jeff Turner, a former Boeing manager and current CEO of Spirit Aerosystems Inc.
Yikes! Aren't we all aging? Hopefully anyway. Doesn't wisdom, competence, perspective, skill, etc. come from years of experience? Are companies loosing sight of this or is a youthful workforce more advantageous for a business long term?
Read the whole article at the Associated Press
Yikes! Aren't we all aging? Hopefully anyway. Doesn't wisdom, competence, perspective, skill, etc. come from years of experience? Are companies loosing sight of this or is a youthful workforce more advantageous for a business long term?
Read the whole article at the Associated Press
Tuesday, July 14, 2009
Boulder DA allowed to ‘tweet’ about murder trial
Judge says he’s ‘not that concerned’ it will prejudice jury. Do you agree?
Read the full article here
Read the full article here
Monday, July 13, 2009
Can you be legally stopped for avoiding a DUI checkpoint?
Yes and No...
One of the most recurring issues associated with sobriety checkpoint is the situation where police will chase after and pull over drivers that avoid a checkpoint by either turning away from the officers or making a U-turn to avoid the stop.
When this happens the police must have some independent observations of illegal conduct or some violation of the law, or suspicion of criminal activity in addition to the mere fact that the driver avoided the checkpoint. For example, if in avoiding the checkpoint the driver makes an otherwise illegal turn, this would constitute sufficient cause to make a stop.
Read the full article at checkpoint.
One of the most recurring issues associated with sobriety checkpoint is the situation where police will chase after and pull over drivers that avoid a checkpoint by either turning away from the officers or making a U-turn to avoid the stop.
When this happens the police must have some independent observations of illegal conduct or some violation of the law, or suspicion of criminal activity in addition to the mere fact that the driver avoided the checkpoint. For example, if in avoiding the checkpoint the driver makes an otherwise illegal turn, this would constitute sufficient cause to make a stop.
Read the full article at checkpoint.
Lead or get out of the way
Golfer sentenced for assault with club
KENT, Wash. (AP) - A golfer has been sentenced to 1 1/2 years in prison for bashing another player over the head with a 6-iron during a fight over slow play.
The 34-year-old man, Nicholas Jay Shampine, had been convicted of assault in King County Superior Court.
At Thursday's sentencing, he said he was sorry, but also claimed he was defending his brother in the clash a year ago between two groups of golfers.
The victim, 45-year-old James Compton, says he still has memory loss and headaches.
KENT, Wash. (AP) - A golfer has been sentenced to 1 1/2 years in prison for bashing another player over the head with a 6-iron during a fight over slow play.
The 34-year-old man, Nicholas Jay Shampine, had been convicted of assault in King County Superior Court.
At Thursday's sentencing, he said he was sorry, but also claimed he was defending his brother in the clash a year ago between two groups of golfers.
The victim, 45-year-old James Compton, says he still has memory loss and headaches.
Thursday, July 9, 2009
America's best drivers - Are you on the list?
The fifth annual Allstate America's Best Drivers Report, released today by the insurance company, "ranks America's 200 largest cities in terms of car collision frequency to identify which cities have the safest drivers" in comparison with national averages, and also spotlights cities with the largest marked improvements in driver safety.
Here's a closer look at Allstate's rankings of cities with the safest drivers:
• Alexandria, Virginia was ranked "America's Most Improved Driving City" by Allstate. The average driver in Alexandria will have one car crash every 7.2 years, up from one every 5.4 years, according to the insurer.
• Sioux Falls, S.D. was ranked as the overall safest driving city in the U.S., with a collision likelihood 26.1 percent lower than the national average.
• Rounding out the overall top five of safest driving city (after Sioux Falls) were Fort Collins, CO; Chattanooga, TN; Cedar Rapids, IA; and Knoxville, TN.
• Phoenix, AZ was ranked as the safest of all U.S. cities with a population over one million, with an average of 9.2 years between collisions per driver.
Read the complete release from Allstate
Here's a closer look at Allstate's rankings of cities with the safest drivers:
• Alexandria, Virginia was ranked "America's Most Improved Driving City" by Allstate. The average driver in Alexandria will have one car crash every 7.2 years, up from one every 5.4 years, according to the insurer.
• Sioux Falls, S.D. was ranked as the overall safest driving city in the U.S., with a collision likelihood 26.1 percent lower than the national average.
• Rounding out the overall top five of safest driving city (after Sioux Falls) were Fort Collins, CO; Chattanooga, TN; Cedar Rapids, IA; and Knoxville, TN.
• Phoenix, AZ was ranked as the safest of all U.S. cities with a population over one million, with an average of 9.2 years between collisions per driver.
Read the complete release from Allstate
Wednesday, July 8, 2009
Can't afford to board your dogs - just shoot them
Ohio firefighter David Santuomo was going on a cruise but who's going to take care of his two dogs. Perhaps ask a family member or friend to take them? Check for availability and pricing at local kennels? Have someone stay at or visit your place to check on the pets? Hire a dog walker to check in on the pets and take them out? All viable options, but not for the Santuomo according to a CNN story, who opted to kill his pet dogs Sloopy and Skeeter instead because he couldn't afford to board them. He now faces 90 days of jail time, but it's still unclear whether he'll lose his job.
Read the story at CNN
Read the story at CNN
Baseball fan gets $10,000 for going to the bathroom
One baseball fan snagged over $10,000 in a legal settlement with New York City after he was ousted from Yankee Stadium last summer for trying to take a potty break while 'God Bless America.' was being sung during the seventh-inning stretch.
"I don't care about God Bless America, I just need to use the bathroom," Bradford Campeau-Laurion said he told New York's finest. Refusing his request, NYPD officers then reportedly manhandled him out of the stadium.
Read the entire article at FindLaw
"I don't care about God Bless America, I just need to use the bathroom," Bradford Campeau-Laurion said he told New York's finest. Refusing his request, NYPD officers then reportedly manhandled him out of the stadium.
Read the entire article at FindLaw
Tuesday, July 7, 2009
Consolidated iPhone 3G lawsuits head to Apple’s backyard
A panel of federal judges consolidated a dozen lawsuits alleging performance problems and misleading marketing in Apple's iPhone 3G. According to ComputerWorld, the panel combined them into one action that will be heard in San Francisco--near Apple's headquarters. The move brings the issue one step closer to class-action status, which could potentially cover millions of iPhone 3G owners and give Apple lawyers a major headache.
Read the whole article here.
Read the whole article here.
Is breast feeding while drunk a crime?
It is now! A North Dakota woman has pleaded guilty to child neglect and faces a possible five years in prison. But was the baby endangered? Should this lady go to jail?
Read the whole article from the Statesman.com.
Read the whole article from the Statesman.com.
Zicam may cause anosmia (loss of sense of smell)
On June 16, 2009, the Food & Drug Administration (FDA,www.fda.gov) advised consumers to discontinue use of Zicam products due to more than 130 reports of loss of sense of smell. The products included Zicam Cold Remedy Nasal Gel, Zicam Remedy Gel Swabs and Zicam Cold Remedy Swabs, Kids Size.
The FDA issued this statement
If you believe you have suffered any ill effects from using Zicam, you are encouraged to speak with your health care provider right away. The FDA also asks that consumers as well as health care professionals report all cases of anosmia, or the loss of sense of smell, to the FDA’s MedWatch program. You may contact MedWatch by phone at 1-800-FDA-1088 or online at MedWatch
The FDA issued this statement
If you believe you have suffered any ill effects from using Zicam, you are encouraged to speak with your health care provider right away. The FDA also asks that consumers as well as health care professionals report all cases of anosmia, or the loss of sense of smell, to the FDA’s MedWatch program. You may contact MedWatch by phone at 1-800-FDA-1088 or online at MedWatch
Watch what you tell the Priest
A murder confession to a clergyman was not privileged because the clergyman warned the declarant before the confession was made that the clergyman would have to divulge illegal activity to the police. As a result, the declarant did not have a reasonable expectation of privacy.
PRIEST-PENITENT PRIVILEGE
What do you think about whether or not information exchanged in a confessional is to be kept private?
Monroe v. State, ___ So. 3d ___, 34 L. Weekly D1288 (Fla. 4th DCA 6/24/09)
PRIEST-PENITENT PRIVILEGE
What do you think about whether or not information exchanged in a confessional is to be kept private?
Monroe v. State, ___ So. 3d ___, 34 L. Weekly D1288 (Fla. 4th DCA 6/24/09)
Jury Finds Against A.I.G. in Greenberg Case
According to the New York Times, A federal jury on Tuesday ruled in favor of Maurice R. Greenberg, the former chief executive of the American International Group, in a case involving $4.3 billion stock dispute.
Though Mr. Greenberg sold the $4.3 billion block of stock in 2005, long before the price crashed, he kept much of his personal fortune in A.I.G. shares. When the government stepped in last fall, taking a 79.9 percent stake in the company, Mr. Greenberg and other shareholders were essentially wiped out.
Read the entire article at the New York Times
Though Mr. Greenberg sold the $4.3 billion block of stock in 2005, long before the price crashed, he kept much of his personal fortune in A.I.G. shares. When the government stepped in last fall, taking a 79.9 percent stake in the company, Mr. Greenberg and other shareholders were essentially wiped out.
Read the entire article at the New York Times
Truck safety advocates push to mandate speed-limiting devices
Mandatory equipment that would limit the speed of big rigs and other commercial trucks has the backing of many in the trucking industry, and the cause may soon get taken up by federal safety regulators or lawmakers. Read the entire article in the Los Angeles Times.
Is this a good idea? Is this fair to the trucking industry? Should there be speed regulating equipment on cars as well?
The use of speed-inhibiting devices on big rigs is being urged by a father whose son was killed when his car was rear-ended by a large truck, and the idea is being supported by the American Trucking Associations, according to the Times. The ultimate goal of Stephen Owings of Atlanta is either a U.S. Department of Transportation regulation or a bill from Congress requiring that the devices be installed on big trucks.
The speed inhibiting devices are disfavored by "conservatives who oppose government regulation of business as a matter of principle, truckers who own their own big rigs, and owners of smaller fleets," the Times reports.
The L.A. Times story comes less than a week after a 10-fatality highway accident near Miami, Oklahoma made national headlines. In that crash, a big rig plowed into a number of cars that were slowed or stopped because of an earlier wreck on the Will Rogers Turnpike. The big rig driver failed to stop his truck, and may have even failed to slow down at all before the crash, according to multiple news reports.
Big Rigs, Big Dangers on the Road. A fully-loaded big rig can weigh 80,000 pounds or more, while a small car might check in at 3,000 pounds. But it's not just the size disparity and the laws of physics that car drivers need to worry about.
Traffic safety problems are compounded when commercial trucks are hauling hazardous substances, dangerous chemicals and flammable freight. And when you add the large blind spots, limited maneuverability, and long stopping distances that truck drivers must contend with on every trip, it's easy to see that big rigs pose unique hazards on the highway. Learn more about Truck Accidents.
Is this a good idea? Is this fair to the trucking industry? Should there be speed regulating equipment on cars as well?
The use of speed-inhibiting devices on big rigs is being urged by a father whose son was killed when his car was rear-ended by a large truck, and the idea is being supported by the American Trucking Associations, according to the Times. The ultimate goal of Stephen Owings of Atlanta is either a U.S. Department of Transportation regulation or a bill from Congress requiring that the devices be installed on big trucks.
The speed inhibiting devices are disfavored by "conservatives who oppose government regulation of business as a matter of principle, truckers who own their own big rigs, and owners of smaller fleets," the Times reports.
The L.A. Times story comes less than a week after a 10-fatality highway accident near Miami, Oklahoma made national headlines. In that crash, a big rig plowed into a number of cars that were slowed or stopped because of an earlier wreck on the Will Rogers Turnpike. The big rig driver failed to stop his truck, and may have even failed to slow down at all before the crash, according to multiple news reports.
Big Rigs, Big Dangers on the Road. A fully-loaded big rig can weigh 80,000 pounds or more, while a small car might check in at 3,000 pounds. But it's not just the size disparity and the laws of physics that car drivers need to worry about.
Traffic safety problems are compounded when commercial trucks are hauling hazardous substances, dangerous chemicals and flammable freight. And when you add the large blind spots, limited maneuverability, and long stopping distances that truck drivers must contend with on every trip, it's easy to see that big rigs pose unique hazards on the highway. Learn more about Truck Accidents.
What ever happened to Michael Jackson's beloved pet chimp, Bubbles?
The fate of Bubbles illustrates what should happen with many exotic pets. When Bubbles became too strong to safely live as a pet, he went to a wild animal preserve where he lives now. While the recent saga of Travis the Chimp illustrated what can go wrong with keeping a wild animal as a pet, Michael & Bubbles show us how the relationship can end well.
When people think of Bubbles, they tend to see him as yet another of the pop icon's eccentricities: dressing Bubbles up as a child, taking him to Liz Taylor's house for tea, teaching him to "moonwalk"...
Though keeping a wild animal as a pet in the first place is generally a bad idea, in the end Michael Jackson did right by Bubbles, and by those who could have been hurt by Bubbles. According to the LA Times, with Bubbles becoming more aggressive as he grew up, the chimp transitioned from Neverland Ranch to his trainer's ranch in 2002. Jackson reportedly feared for the safety of young Prince Michael II. In 2005, Bubbles went to the Center for Great Apes in central Florida, where he lives today. Here is Bubbles' resident webpage.
The other exotic animals of Neverland Ranch were divvied up when Jackson had less money to care for them. His 4 giraffes, 9 parrots, 3 pythons, 2 caimans and 2 anacondas reportedly went to the Voices of the Wild Foundation in Arizona. His two tigers, Thriller and Sabu, now reside in the Shambala animal preserve in California.
Contrast this with the fate of Travis the Chimp, who was shot by police after mauling one of his owner's friends. The victim, Charla Nash, lost her nose, eye lids, lower lip and the boney structure of her mid-face. In March she filed a $50 million negligence suit against Travis' owner (and her friend) Sandra Herold.
If one of your pets has a propensity to be vicious, such a dog known to attack, you are generally liable should it injure someone. When dealing with wild animals that grow up to be far stronger than their owners, such dangerous propensities are a given.
In addition to improving the health and well-being of the animals, housing wild animals in sanctuaries, rather than as private pets, can prevent tragic accidents and huge financial liability.
When people think of Bubbles, they tend to see him as yet another of the pop icon's eccentricities: dressing Bubbles up as a child, taking him to Liz Taylor's house for tea, teaching him to "moonwalk"...
Though keeping a wild animal as a pet in the first place is generally a bad idea, in the end Michael Jackson did right by Bubbles, and by those who could have been hurt by Bubbles. According to the LA Times, with Bubbles becoming more aggressive as he grew up, the chimp transitioned from Neverland Ranch to his trainer's ranch in 2002. Jackson reportedly feared for the safety of young Prince Michael II. In 2005, Bubbles went to the Center for Great Apes in central Florida, where he lives today. Here is Bubbles' resident webpage.
The other exotic animals of Neverland Ranch were divvied up when Jackson had less money to care for them. His 4 giraffes, 9 parrots, 3 pythons, 2 caimans and 2 anacondas reportedly went to the Voices of the Wild Foundation in Arizona. His two tigers, Thriller and Sabu, now reside in the Shambala animal preserve in California.
Contrast this with the fate of Travis the Chimp, who was shot by police after mauling one of his owner's friends. The victim, Charla Nash, lost her nose, eye lids, lower lip and the boney structure of her mid-face. In March she filed a $50 million negligence suit against Travis' owner (and her friend) Sandra Herold.
If one of your pets has a propensity to be vicious, such a dog known to attack, you are generally liable should it injure someone. When dealing with wild animals that grow up to be far stronger than their owners, such dangerous propensities are a given.
In addition to improving the health and well-being of the animals, housing wild animals in sanctuaries, rather than as private pets, can prevent tragic accidents and huge financial liability.
Lasik lawsuits: Disciplinary proceedings lag against Chicago doctor
IL lets Dr. Nicholas Caro practice Lasik surgeries despite lawsuits, more than $1 million in damages.
Almost 50 medical malpractice lawsuits filed, and hundreds of dollars awarded to patients injured by botched LASIK eye surgery procedures. That's the recent litigation history against one Chicago eye doctor who is still treating patients, and just part of the alarming story being reported in the Chicago Tribune this week.
Almost a year ago, the chief medical prosecutor in Illinois investigated the mounting claims of negligence against Dr. Nicholas Caro, and recommended that the Chicago ophthalmologist's medical license be revoked or suspended, after Caro "mishandled Lasik surgeries and failed to properly manage treatment of post-operative complications," the Tribune reports.
But so far no action has been taken against Dr. Caro, who continues to perform eye operations, and the case highlights the sometimes glacial pace of disciplinary proceedings against doctors, even when those who are tied to stacks of complaints.
In Illinois specifically, the state's division of professional regulation "has been the subject of criticism in recent years for being slow and overly lax in taking action against incompetent and dangerous doctors," according to the Tribune. The story details the plight of two of Caro's patients who were awarded hundreds of thousands of dollars after botched LASIK eye surgeries.
Read the article: Lasik lawsuits
Almost 50 medical malpractice lawsuits filed, and hundreds of dollars awarded to patients injured by botched LASIK eye surgery procedures. That's the recent litigation history against one Chicago eye doctor who is still treating patients, and just part of the alarming story being reported in the Chicago Tribune this week.
Almost a year ago, the chief medical prosecutor in Illinois investigated the mounting claims of negligence against Dr. Nicholas Caro, and recommended that the Chicago ophthalmologist's medical license be revoked or suspended, after Caro "mishandled Lasik surgeries and failed to properly manage treatment of post-operative complications," the Tribune reports.
But so far no action has been taken against Dr. Caro, who continues to perform eye operations, and the case highlights the sometimes glacial pace of disciplinary proceedings against doctors, even when those who are tied to stacks of complaints.
In Illinois specifically, the state's division of professional regulation "has been the subject of criticism in recent years for being slow and overly lax in taking action against incompetent and dangerous doctors," according to the Tribune. The story details the plight of two of Caro's patients who were awarded hundreds of thousands of dollars after botched LASIK eye surgeries.
Read the article: Lasik lawsuits
Subscribe to:
Posts (Atom)
