July 16, 2008

CROCS AND ESCALATORS A BAD MIX

According to any number of recent reports, Crocs, the popular rubber shoe every kid seems to be wearing these days, may present a danger when worn on escalators. The report mentioned a recent situation involving a young girl injured at an airport. The girl[who was three at the time] and her mother were making their way through an airport on their way to a Disney vacation. At some point in the airport, they had to utilize an escalator. The young girl was weaing Crocs and one of her shoes became entangled in the escalator. It took emergency personnel a full 15 mintues to free the little girl. As a result of the incident the child suffered three broken toes and had to endure surgery where pins were placed in her foot. The girl's mother filed suit against the maker of the shoes, alleging the manufacturer knew the shoes could cause harm and didn't warn consumers.

And the manufacturer is already battling a lawsuit involving injuries to another small child when that child's Croc became entangled in an escalator at JFK Airport.

In a May 20, 2008 post on the Consumer Reports blog, Consumer Products spokesperson Julie Vallese noted Crocs are a new product on the market that "...poses a risk." [Unfortunately technical difficulties precluded a link to the blog].

The Consumer Product Safety Commission recommends following certain steps in order to avoid injures on escalators. I have summarized some of those recommendations below:

1) Make sure any laced shoes are properly tied;
2) Stand in the center of the step, as entrapment can occur on the side;
3) Always hold the hand of any small child riding with you;
4) Do not permit children to play or sit on the step;
5) Do not bring strollers, walkers or similar contraptions onto the escalator;
6) Always face forward and hold the handrail;
7) Know the location of any shut-off mechanism.

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June 17, 2008

E. COLI DEADLY - EVEN IF NOT EATEN!

The Chicago Sun Times reported Monday on the tragic story of a 3 year old girl who died as a result of E. Coli poisoning - even though she had not ingested the tainted meat. The child, Brianna Kriefall, had eaten with her family at a Sizzler Restuarant in South Milwaukee, Wiconsin, sometime in 2000. Brianna didn't eat any of the tainted meat, but her lawyers argued she became sick after eating watermelon that had been tainted by the meat. The little girl died just a week after being exposed. Brianna's lawyers secured a $13.5 million dollar settlement from Sizzler's meat supplier, as well as other defendants.

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June 5, 2008

SUPREME COURT BANS RETALIATION UNDER SECTION 1981

The United States Supreme Court recently struck a blow for those employees who claim they were retaliated against after complaining of racial discrimination at their workplace. The case, CBOCS[Cracker Barrel Old Country Stores]West v. Humphries, arose out of treatment the plaintiff, Hedrick Humphries endured at an Illinios Cracker Barrel Restuarant. Humphries worked there for nearly three years as an assistant manager. He alleged that he was fired after he complained about allegedly discriminatory disciplinary action taken against him and another black employee. In addition, he had complained about allegedly racist remarks made by another manager. Humphries filed a lawsuit under 42 USC 1981, claiming both discrimination and retaliation. [Section 1981 prohibits race discrimination, but does not specifically mention retaliation]. Cracker Barrel argued that since Section 1981 doesn't specifically outlaw retaliation, no cause of action for retaliation existed under the statute. Not suprisingly, business groups across the United States, including the U.S. Chamber of Commerce, supported Cracker Barrel. The trial judge agreed with Cracker Barrel and both the retaliation claim and discrimination claim were dismissed. Humphries elected to appeal only the dismissal of the retaliation claim. On appeal, the United States Court of Appeals for the Seventh Circuit held that Section 1981 provides a cause of action for retaliation. Cracker Barrel then appealed that decision to the Supreme Court, but to no avail. On June 3, 2008, the Supreme Court ruled that that Section 1981 does indeed provide a cause of action for retaliation following complaints about discrimination on the basis of race. As noted by Cynthia Hyndman, Humphries attorney, the decision "...allows workers and contracting parties to go and say 'you're discriminating against me on the basis of race, and this isn't right, let's fix it' without fear of losing their job".

March 26, 2008

STATE OF ILLINOIS EMPLOYEE LOSES HARASSMENT SUIT

A federal jury recently returned a verdict against Carlos Estes in his sexual harassment suit against Teyonda Wertz, his boss at the Illinois Department of Human Services. Estes was a driver/special assistant for Wertz, who is Chief of Staff for the Illinois Department of Human Services. The portion of the case that got the most attention arose out of a trip Estes and Wertz made down to Springfield, Illinois for a conference.

According to Estes, he learned upon his arrival to Springfield that he had to share a hotel suite with Wertz. Estes testified that after getting settled into the room, Wertz ordered him into the bedroom and then ordered him to take off his clothes and make love to her. Estes testified that he refused to have sex with Wertz, but did change into pajamas and laid down on the bed, where he eventually fell asleep next to Wertz.

Wertz testified that Estes volunteered to share the suite. She further testified that she stayed in the bedroom portion of the suite the entire time[alone]with the door shut.

In summing up the trial, one of the jurors noted, "...speaking for myself, I didn't believe either one of them."

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November 27, 2007

MERCK SETTLES VIOXX CASES

Pharmaceutical giant Merck has agreed in principle to settle all remaining Vioxx lawsuits. The company has agreed to pay $4.85 billion to plaintiffs in 27,000 pending cases. The settlement was cobbled together after juries from New Jersey to California had heard about 20 cases. In the very first case a jury awarded $253 million dollars, but Merck had prevailed in the other cases.

According to published reports, Merck's legal bills for the Vioxx litigation were running over $600 million dollars a year. The proposed agreement has to be accepted by 85% of those persons with pending cases. Lawyers involved in the litigation have indicated they are confident the deal will be finalized. Each plaintiff will receive an amount of money commensurate with the severity of his injuries. Published reports have estimated that the remaining 27,000 cases involve 47,000 plaintiffs. On average, each plaintiff then would receive approximately $100,000. Those persons who don't want to take the deal can pursue their own claims.

The settlement does not, however, terminate pending criminal investigations against Merck. Several states, as well as the Department of Justice, are investigating Merck's behavior. Although Merck withdrew the drug from the market in 2004, internal Merck documents showed the Merck scientists had voiced concerns about potential adverse health consequences years earlier. In addition, a large clinical trial in 2000 raised concerns about Vioxx.

The kicker? The settlement represents less than one year's profits for Merck.

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October 24, 2007

ANOTHER VERDICT AGAINST CHICAGO POLICE

The Chicago Police Department is not having a particularly good month when it comes to lawsuits. Just a week after a 4 million dollar settlement to a man who claimed he was brutalized with a screwdriver, the Department was back in a federal courtroom in another civil case. This one didn't work out well for the CPD either.

The case originated from a 2001 incident. An unidentified man had approached an 8 year old girl near her home and and offered to take her on a "field trip". The girl's mother overhead the discussion, raced outside and chased the guy away. She then called police and provided a description of the suspect. In addition, posters, which included a drawing of the suspect, were put up in the Southwest side neighborhood where the incident occurred.

The police then got a tip. Someone called in and said the guy on the poster looked like a guy he had gone to school with - Tim Finwall. Finwall was then arrested, although there was evidence he was bartending at a local tavern at the time of the incident. Finwall was placed in a lineup with four cops. The girl came in and told police the suspect could be "the short one" or the "tall one". Not exactly a positive identification. Nonetheless, the police, in their reports, indicated that the girl had identified Finwall. Finwall was then charged with attempted child abduction. The case went to trial, and thankfully Finwall was acquitted. Interestingly, there was some evidence that perhaps the police had targeted Finwall because of an earlier incident. Apparently a police officer was drinking in the bar where Finwall worked and got into it with another patron. The officer allegedly made some threatening remarks to the patron and Finwall took the cop's gun. Finwall was then charged with some sort of offense dealing with disarming a police officer, tried and convicted. He served no time.

After the jury heard all the evidence, Finwall was awarded $2 million in damages. The City is of course very disappointed in the verdict, and evaluating their options. Perhaps the City should carefully evaluate its options BEFORE the multimillion dollar verdict.

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October 23, 2007

WHISTLEBLOWER VERDICT AGAINST EYE DOCTOR

A St. Louis county jury recently awarded a St. Louis woman $95,000 in punitive damages in a whistleblower trial Michelle Fleshner, 35, had sued Pepose Vision Institute, claiming that she was terminated by Dr. Jay Pepose because she had coooperated with a U.S. Department of Labor investigation of Pepose Vision Institute regarding wage and overtime practices. Ms. Fleshner talked to investigators on May 21, 2003. She was fired two days later. The defendant claimed Fleshner's discharge was coincidental and that a plan had been in place for months to reduce staff.

Ms. Fleshner also claimed at trial that Pepose even managed to get her fired from a subsequent job with different eye doctors. Pepose insisted he was simply enforcing a non-compete contract that Fleshner had signed with him.

Earlier the jury had awarded Fleshner $30,000 in compensatory damages. The results of the Labor Department investigation were not revealed at the trial.

October 23, 2007

WHISTLEBLOWER VERDICT AGAINST EYE DOCTOR

A St. Louis county jury recently awarded a St. Louis woman $95,000 in punitive damages in a whistleblower trial Michelle Fleshner, 35, had sued Pepose Vision Institute, claiming that she was terminated by Dr. Jay Pepose because she had coooperated with a U.S. Department of Labor investigation of Pepose Vision Institute regarding wage and overtime practices. Ms. Fleshner talked to investigators on May 21, 2003. She was fired two days later. The defendant claimed Fleshner's discharge was coincidental and that a plan had been in place for months to reduce staff.

Ms. Fleshner also claimed at trial that Pepose even managed to get her fired from a subsequent job with different eye doctors. Pepose insisted he was simply enforcing a non-compete contract that Fleshner had signed with him.

Earlier the jury had awarded Fleshner $30,000 in compensatory damages. The results of the Labor Department investigation were not revealed at the trial.

October 15, 2007

ILLINOIS TEEN SETTLES WITH POLICE AFTER GETTING TASERED

A south suburban teenager, Travis Alexander, has agreed to settle his lawsuit against a south suburban Chicago Police Department. Alexander sued the Riverdale Police Department after he was tasered and attacked by a police dog. Alexander was 17 at the time of the incident. He and a friend were walking home from a store when they were stopped by a police officer. The police maintained they had received a tip that Alexander's friend was involved in a drug deal.

Alexander and his friend ran, claiming that they were scared of the Police. Alexander was only two doors from his house when caught. He was then handcuffed and tasered. In addition, the plaintiff alleged that the police allowed a German Shepherd Police dog to attack Alexander, causing him injuries on the leg and head. Although no contraband was found on Alexander, he was charged with resisting arrest and trespassing. He was ultimately exonerated of those charges. As a result of the incident, Alexander suffers from post-traumatic stress disorder. The Riverdale Police department agreed to pay Alexander $345,000 to dismiss the case.

October 10, 2007

BIG SEXUAL HARASSMENT VERDICT AGAINST MADISON SQUARE GARDEN

As reported last week, a New York jury recently hammered Madison Square Garden[MSG] and its chairman, James Dolan in a sexual harassment suit. Anucha Browne Sanders had sued MSG, Dolan and New York Knicks coach Isiah Thomas, claiming she had been subjected to a hostile work environment due to crude comments and sexual advances from Thomas. She also alleged that Dolan had fired her after she made complaints about Thomas. The defendants denied the allegations and portrayed Brown as a malcontent employee. That strategy backfired - badly. The jury awarded found that the Thomas had indeed created a hostile work environment, and awarded Browne $6 million dollars. Interestingly, the jury assessed those damages only against MSG and Dolan. Zero damages were assessed against Thomas.

In addition, the jury whacked MSG and Dolan for another $5.6 million for their discharge of Browne after she made her complaints. The defendants have vowed to appeal.

And MSG and Dolan aren't finished with courtrooms just yet. A New York Rangers cheerleader has sued them after being told she should look more "doable"

September 10, 2007

CHICAGO HEAVYWEIGHT BEING SUED

According to a recent article in the Chicago Sun-Times, the next fight for Chicago heavyweight Andrew Golota might take place in a Chicago courtroom. Golota is being sued by a Chicago woman after a traffic accident in April, 2007. The woman, Juliet Mendez, is claiming that Golota blew a stop sign and slammed into her car. The lawsuit claims that Mendez suffered permanent injuries to her back and neck. Golota's wife, attorney Mariola Golota, claimed that the accident was a simple fender bender. According to the Sun-Times article, no ambulance was called to the scene, and the accident report referred only to property damage.

September 4, 2007

LORD OF THE DANCE STAR PREVAILS AFTER RAPE ACCUSATION

According to a recent Chicago Sun-Times article by Bill Bird, Michael Flatley, the Irish dancer, also known as the Lord of the Dance, has prevailed in his lawsuit against a Joliet woman and her attorney. The woman, Tyna M. Robertson had accused Flatley of raping her in Las Vegas in October of 2002. No criminal charges were ever filed. Some five months later, Robertson filed a lawsuit against Flatley in Lake County, Illinois, seeking $35 million dollars in damages. Dean Mauro acted as her attorney. Mauro directed a letter to Flatley demanding millions of dollars to settle the case and accused Flatley of rape. Flatley then countersued Mauro and Robertson for extortion and defamation. The case was concluded several weeks ago, with Mauro paying Flatley more than $400,000. A default judgment has been entered against Robertson.

Robertson subsequently had a son with Chicago Bears star linebacker Brian Urlacher and was involved in litigation involving visitation rights in October of 2006.