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Laws/Cases
Court Upholds DNA Sample Law in California A federal appeals court has ruled that California law enforcement officials may take DNA samples from anyone arrested on felony charges without violating unreasonable search and seizure rights. In their ruling, the court compared the practice of taking oral DNA to fingerprinting suspects, a legal practice decades old. The challenge to the practice was filed by a group of Californians arrested but never convicted of alleged felonies. Carol J. Williams, LA Times 02/24/2012 Read Article: LA Times

<a href="http://www.nydailyne...ticle-1.610316" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Suit to be Filed Against Salvation Army A civil liberties group in New York has said they will file a lawsuit against the Salvation Army, alleging religious discrimination. The group said the Salvation Army is "forcing some employees to acknowledge the charity's mission is to preach the Gospel of Jesus Christ." The suit also claims the group forces social workers to reveal their church affiliations and how often they worship. Robert Gearty, New York Daily News 02/24/2012 Read Article: New York Daily News

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Products
Single and Double Jogging Strollers Recalled The Consumer Product Safety Commission has announced a recall of about 3,000 single and double jogging strollers due to injuries that can occur due to a fall hazard. Imported by Kelty, the agency said the font wheel can come off during use, causing the stroller to fall over. There have been three reported incidents, which included fractured bones to adults and minor cuts and scrapes to children. Staff Report, The Sacramento Bee 02/23/2012 Read Article: The Sacramento Bee
Wrongful Death
<a href="http://articles.chic...-head-injuries" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Concussions Caused Suicide of NFL Player, Suit Says The family of form NFL player Dave Duerson has filed a lawsuit against the league after Duerson took his own life. The lawsuit claims Duerson was led to do so by brain damage he developed from concussions during his time as a player, and the suit says the league knew these types of injuries could occur, but hid the information. The Duerson family is one of nearly 660 retired NFL players suing the league over concussion-related issues. Dan Pompei , Chicago Tribune 02/23/2012 Read Article: Chicago Tribune

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Personal Injury
Jury Awards $7.3 Million for 4Runner Accident The parents of a boy who was paralyzed in a rollover accident in a Toyota 4Runner were awarded $7.3 million in a lawsuit filed against Toyota. The lawsuit claimed the vehicle had a propensity to roll over in certain situations due to its "high center of gravity," to which the jury agreed. The jury computed compensation at more than $12 million, but found the boy 40 percent responsible for the accident, which reduced the damages. Jesse Bass , The Jackson Clarion-Ledger 02/24/2012 Read Article: The Jackson Clarion-Ledger
Business Litigation
<a href="http://www.freep.com...36-133-million" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Bank Settles Fraudulent Underwriting Lawsuit Michigan-based Flagstar Bank has agreed to a $133-million settlement with the federal government in a lawsuit accusing the bank of "fraudulent mortgage lending practices." According to the lawsuit, Flagstar allowed unqualified employees to approve loans backed by the Department of Housing and Urban Development that did not comply with federal underwriting requirements. As part of the settlement, the bank has agreed to provide additional training to its employees and terminate the senior managers who oversaw the bank's underwriting. Katherine Yung, Detroit Free Press 02/25/2012 Read Article: Detroit Free Press

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Products
<a href="http://www.prnewswir...140169983.html" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">16,000 Gas Powered Blowers Recalled The Consumer Product Safety Commission has announced a recall of approximately 16,000 gas powered backpack blowers due to a potential fire hazard. Manufactured by ECHO, Inc., the agency said the fuel line may have been damaged during assembly, which could result in a fuel leak during use and cause a fire. There have been no reports of injuries associated with the recalled product. Staff Report, PR Newswire 02/23/2012 Read Article: PR Newswire

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Labor/Employment
School District to Pay Ex-Teacher $1.1 Million A former teacher in Charlotte, N.C., has been awarded more than $1.1 million from a local jury in a lawsuit filed against Charlotte-Mecklenburg Schools over what the plaintiff calls a "forced resignation." The man claimed he was "misled and intimidated" into signing a resignation form after several students complained that he "improperly touched him" - charges of which he was acquitted. The lawsuit states the plaintiff was told if he resigned, no investigation would take place, but if he did not, he would likely be fired. Ann Doss Helms, Charlotte Observer 02/25/2012 Read Article: Charlotte Observer
Laws/Cases
Couple Not Told Their Fetus was Unhealthy, Suit Says A Bozeman, Mont., couple have filed a lawsuit against local healthcare providers after their child was born with cystic fibrosis. The parents claim a nurse failed to inform them that blood tests could have shown the child was at high risk for the disease while still in the womb. The couple claim in the suit that they would have terminated the pregnancy had the proper testing of the fetus' health been conducted. Staff Report, Great Falls Tribune 02/27/2012 Read Article: Great Falls Tribune

<a href="http://www.bloomberg...n-lawsuit.html" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Judge Denies Toyota Arbitration in Class-Action Suit A California U.S. District Judge has tentatively ruled that Toyota Motor Corp. cannot force "named plaintiffs" in the unintended acceleration class-action lawsuit into arbitration. The judge said Toyota waived its right to compel arbitration for most of the 20 plaintiffs, and that for the remainder, "the carmaker wasn’t a party to the arbitration agreements between the plaintiffs and the Toyota dealers." Toyota is claiming that customers who bought or leased their vehicles signed an agreement waiving their right to participate in a class-action suit. Edvard Pettersson and Bill Callahan, Bloomberg 02/24/2012 Read Article: Bloomberg

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Business Litigation
<a href="http://content.usato...1#.T05Fc3lfwfk" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Texas Tech Coach Accused of Financial Fraud A lawsuit has been filed against Texas Tech football coach Tommy Tuberville and his investment partner, accusing the two of financial fraud of more than $1.7 million through his hedge fund. The lawsuit, filed by a group of Alabama and Tennessee residents, claims Tuberville used his investment company to mix client assets with his own and falsified fund performance. The plaintiffs say they have requested their money be returned, but have yet to receive reimbursement. Erick Smith, USA Today 02/29/2012 Read Article: USA Today

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Products
Pajamas Fail to Meet Flammability Rules, Recalled The Consumer Product Safety Commission has issued a recall of more than 10,000 pairs of children's pajamas and sleepwear due to failed flammability tests. Imported by Papa Bear Loungeabouts, LLC, the agency said the pajamas "fail to meet federal flammability standards for children's sleepwear," posing an increased risk of burn injuries. There have been no injuries reported in association with the recalled products. Staff Report, PR Newswire 02/28/2012 Read Article: PR Newswire
Personal Injury
<a href="http://www.gosanange...acu-bus-crash/" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Suit Filed over Bus Accident in Abilene A lawsuit has been filed against manufacturers and designers of a bus that rolled over in Abilene late last year, injuring some and leaving one dead. The suit, filed by a professor at Abilene Christian University and his wife, claims the companies did not perform the proper testing on the bus, including rollover testing, and that the bus was "dangerously defective." The lawsuit is seeking unspecified damages. Denise Blaz, San Angelo Standard-Times 02/29/2012 Read Article: San Angelo Standard-Times

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Labor/Employment
Pilots File Lawsuit over Labor Agreement A group of American Airlines pilots have filed a lawsuit against their bankrupt employer to prevent the company "from changing terms of employment for its members." The lawsuit insists American Airlines cannot forcibly impose new labor terms because its contract with pilots expired before Chapter 11 was filed. The plaintiffs are requesting the National Mediation Board be involved in negotiating the terms of the new contract. Staff Report, KVUE-TV 02/29/2012 Read Article: KVUE-TV
Laws/Cases
Shooting by Chicago Officer Prompts Lawsuit A Chicago teenager has filed a lawsuit against the city of West Chicago and a police officer over an incident earlier this month. The lawsuit claims the officer, who was not on duty, collided with a vehicle of young adults and then chased them into a local parking lot, firing his gun for no reason. The bullet went through the trunk of the car, striking the one boy, and putting him in the hospital in critical condition. There were no charges filed against any of the plaintiffs. Clifford Ward, Chicago Tribune 02/28/2012 Read Article: Chicago Tribune

<a href="http://www.stltoday....44436acfc.html" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Suit: Nuclear Waste Contaminated Creek A lawsuit in St. Louis has been filed against Mallinckrodt Inc., a company that specializes in manufacturing and disposing of nuclear waste, over the contamination of a local creek. The lawsuit claims nuclear waste seeped in to Coldwater Creek in north St. Louis County as early as 1940, leading to an increase in cancer rates among the locals. The plaintiffs accuse Mallinckrodt of "reckless and negligent actions" that may have led to their illnesses. Blythe Bernhard, St. Louis Post Dispatch 02/29/2012 Read Article: St. Louis Post Dispatch

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<sup>Business Litigation
Suit Says 'Siri' Doesn't Work as Advertised A second lawsuit has been filed against Apple's voice-activated program Siri, accusing the company of exaggerating the program's abilities in its advertising. The lawsuit claims Siri often provides the wrong answer to user questions or does not understand voice commands. "Apple's deceptive commercials diverge greatly from the actual functionality and operation of the Siri features," the suit says. Nathan Olivarez-Giles, LA Times 03/28/2012 Read Article: LA Times
Malpractice
Suit Filed over Botched Surgery at Military Base Hospital A U.S. Air Force veteran will fill a lawsuit against the military and the government over a botched gallbladder surgery that cost him both his legs. Under the Feres Doctrine, the military is immune to civil suits, but the plaintiff's attorney said the doctrine is outdated and unfair to troops who "suffer due to negligence or incompetence on the part of the military." Recently, the U.S. Supreme Court refused to hear an appeal by another soldier who suffered a botched appendectomy at the same military base hospital. Staff Report, United Press International 04/01/2012 Read Article: United Press International

<a href="http://thetimes-trib...#axzz1qthRRstX" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">$4.2 Million Awarded in Medical Malpractice Suit A $4.2 million verdict has been awarded to a Pennsylvania couple in a medical malpractice lawsuit against a physician at the Moses Taylor Hospital. The jury ruled the physician was negligent in the treatment of Sandra J. Powell, who was admitted to the hospital in 2003 after suffering multiple strokes. The suit alleged the doctor should have known the woman was at risk of suffering another stroke and should have done more to prevent it before discharging her. Steve McConnell, The Scranton Time-Tribune 03/30/2012 Read Article: The Scranton Time-Tribune</sup>

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<sub>Laws/Cases
Camera on Buses Program Targeted in Lawsuit A lawsuit has been filed against the Jefferson Parish Council in Louisiana over a program that calls for cameras to be installed on school buses to catch drivers that pass buses while children are boarding or disembarking. The suit claims that, much like red-light cameras, the program "violates drivers' due process rights" by "immediately assuming a plaintiff guilty or liable of overtaking a school bus simply because the plaintiff is the registered owner of the vehicle photographed." By simply relying on a photograph to issue a citation, the suit says drivers are denied the right to confront prosecution witnesses, such as police officers. Mark Waller, New Orleans Times-Picayune 04/02/2012 Read Article: New Orleans Times-Picayune

Funeral Home Body Mix-up Prompts Lawsuit A body mix-up by a Richland Township, Penn., funeral home has prompted a lawsuit by the family of one of the deceased men. The suit claims the funeral home delivered the wrong body to the family's viewing, and the mistake was not discovered until the day of the viewing. The correct body was discovered to be still at a local hospital. The suit is seeking at least $50,000 in damages. Staff Report, United Press International 04/02/2012 Read Article: United Press International
Products
<a href="http://www.prnewswir...145160935.html" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Toy Trucks Recalled due to Fire Risk The Consumer Product Safety Commission has announced a recall of about 9,000 toy trucks that were given as gifts with the purchase of a t-shirt. Imported by Happy Shirts, the toy trucks have a defect in the battery compartment that can cause the truck to catch fire. There has been one report of a truck catching fire and three reports of trucks smoldering when the batteries were inserted. Staff Report, PR Newswire 03/30/2012 Read Article: PR Newswire</sub>

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Products
Packaged Salsa Recalled due to Salmonella Club Chef LLC has issued a recall of 12-ounce, 16-ounce, and 5-pound packages of its salsa due to the possibility of salmonella contamination. The salsa, sold under the Private Selection brand name, will be recalled from 11 states. There have been no illnesses reported in association with the recalled salsa. Staff Report, The Charleston Gazette 03/30/2012 Read Article: The Charleston Gazette
Wrongful Death
False Mammogram Results Led to Death, Suit Says The death of a Georgia woman from breast cancer has prompted a lawsuit against Perry Hospital and a former radiology technician who allegedly reported negative results for mammograms when they were actually positive. According to the suit, the woman had a mammogram at the hospital between 2008 and 2009 and was given normal results, when in fact she had metastatic breast cancer. By the time the error was caught more than a year later, her cancer had developed beyond treatment, and the woman ultimately died. The suit is seeking damages of up to $10,000, as well as punitive damages to be determined by a jury. Becky Purser , Macon Telegraph 03/30/2012 Read Article: Macon Telegraph

<a __removedlink__748304706__href="http://www.modbee.co...ail-death.html" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Settlement Reached in California Taser Death Stanislaus County, Calif., has agreed to settle a wrongful death lawsuit with the family of a Modesto, Calif., man who was tased to death by officers in a local jail. The man got into a struggle with deputies while being moved to another cell when he was shot multiple times with Tasers. Medical records show he died shortly thereafter of hypertensive heart disease. The terms of the settlement were not disclosed. Rosalio Ahumada , Modesto Bee 03/30/2012 Read Article: Modesto Bee

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_{Labor/Employment Iowa Attorney Accused of Discrimination by Employee An Iowa woman has filed a lawsuit against the U.S. attorney for the Northern District of Iowa, who is up for consideration for a federal judgeship, accusing her of "discrimination and poor management." The lawsuit claims that Stephanie Rose discriminated and harassed employees in her office over the age of 40 - often demoting or removing them from the staff, and hiring younger, less-qualified applicants. The plaintiff said when she complained about the behavior, Rose create a "negative and hostile" work environment for her. Jennifer Jacobs, DesMoines Register 03/30/2012 Read Article: DesMoines Register
Laws/Cases Suit Filed Against Maker of FiveFingers Running Shoes A lawsuit has been filed against the maker of the FiveFingers running shoe, accusing the company of false claims about the health benefits the shoes provide. The lawsuit disputes the claims that the shoes improve posture and muscle strength, and say runners who use the shoes may be at higher risk of injury. Last year, Reebok International Ltd. settled a similar lawsuit against claims about the company's line of toning shoes. Michael B. Farrell, Boston Globe 03/30/2012 Read Article: Boston Globe
<a __removedlink__748304706__href="http://www.tennessea...yssey=nav|head" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Pastor Accused of Affair with Church Member's Wife A lawsuit has been filed against the pastor of one of the largest churches in Nashville, claiming the pastor slept with the wife of one of the church members. According to the suit, the couple engaged in pastoral counseling with Bishop Joseph Walker III in 2000, and shortly thereafter Walker began having an affair with the plaintiff's wife. The affair, which allegedly lasted four years, led to the couple's divorce, the suit says. A similar lawsuit has been filed against Walker, alleging sexual misconduct with another church member. Bob Smietana, Tennessean 03/29/2012 Read Article: Tennessean}

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Products
900,000 Lockable Cabinets Recalled The Consumer Product Safety Commission has announced a recall of 900,000 Push 'N Snap cabinet locks due to defects in the locks that can cause them to fail. Imported by Dorel Juvenile Group Inc., the agency said a child can easily disengage the cabinet lock, gaining access to the contents and potentially injuring themselves. There have been 200 reports of locks that did not properly secure the cabinets. Staff Report, PR Newswire 03/22/2012 Read Article: PR Newswire
Malpractice
Nurse Cut Off Infant's Finger, Suit Claims A Florida mother has filed a lawsuit against the Florida Regional Medical Center and a nurse there who accidentally cut off her 3-month-old daughter's finger. The girl had been taken to the hospital with a high fever, the suit says, and when she was about to be sent home the nurse accidentally cut off one of her fingers instead of the IV tube. The finger was not able to be reattached. The lawsuit is seeking unspecified damages. Nina Mandell , New York Daily News 03/28/2012 Read Article: New York Daily News
Wrongful Death
<a __removedlink__1053684808__href="http://www.ajc.com/n...e-1399742.html" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Suit Filed over Death of Man in Immigration Custody A Mexican woman has filed a $1 million lawsuit against the U.S. federal government after her husband died while being held by immigration authorities in Georgia. The suit claims the man, who died from myocarditis, was not properly reviewed by a physician, as is required by federal law. Immigration records show the man had x-rays taken and that the results were "abnormal," but nothing was done to help him. Jeremy Redmon , Atlanta Journal-Constitution 03/27/2012 Read Article: Atlanta Journal-Constitution

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Class Action
Restaurant Settles Identity Theft Lawsuit A settlement has been reached in a class action lawsuit against a Des Moines restaurant chain over the failure to comply with federal anti-identity theft laws. According to the suit, Palmer's Deli & Market printed receipts with full credit card expiration dates on them, increasing the risk of identity theft for its customers. The majority of the settlement's $170,000 will go to legal costs, while the plaintiffs will receive drink coupons from the restaurant. Jeff Eckhoff and James Heggen , DesMoines Register 03/28/2012 Read Article: DesMoines Register
Labor/Employment
Suit: YMCA Pays Men more than Women A group of female managers at the YMCA of Greater Pittsburgh have filed a lawsuit against the organization, saying male employees are paid more than their female counterparts. The plaintiffs claim in their suit that despite equal or higher scores on the YMCA's tool used to determine pay grade, the women were still paid less than men. The suit is seeking back payment as well as compensatory and punitive damages. Rich Lord, Pittsburgh Post-Gazette 03/28/2012 Read Article: Pittsburgh Post-Gazette
Laws/Cases
<a __removedlink__1053684808__href="http://www.boston.co...aping_lawsuit/" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Boston Settles Suit over Wrongful Arrest The city of Boston has agreed to settle a $170,000 lawsuit with a local man who was arrested while video taping police activity with his cell phone. In his lawsuit, the plaintiff claimed he was arrested and prosecuted in 2007 for recording police who "allegedly used force while arresting a man on Boston Common." He was accused of violating state wiretapping laws, but the charges were dismissed because he had not been making the recording in secret. Wire Report, Boston Globe 03/27/2012 Read Article: Boston Globe

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Laws/Cases
DOMA Challenged by Same-Sex Immigrants A group of same-sex couples has filed a lawsuit against the federal government and the Defense of Marriage Act, saying it forces some citizens to choose between their non-citizen spouse and being able to live in the U.S. The suit claims that because the government doesn't recognize same-sex marriages, the plaintiffs are left with "the choice of deportation for the immigrant or exile for the American." The suit is seeking unspecified damages. Staff Report, United Press International 04/03/2012 Read Article: United Press International

Pastor Says City is Violating His Free Speech Rights The Florida pastor who was in the news for burning the Quran has filed a lawsuit against the city of Dearborn, Mich., claiming he is being denied his free-speech rights. The pastor is holding a rally this week outside a local mosque, and claims the city is forcing him to sign an agreement that would waive his legal rights "stemming from anything that might happen at the rally." If he signs, he would have to purchase insurance for the rally, which the suit says violates his constitutional free speech rights. Staff Report, Detroit Free Press 04/03/2012 Read Article: Detroit Free Press
Products
<a __removedlink__268829503__href="http://content.usato...1#.T3sJPtloP2s" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Faulty Welding Prompts Honda CR-V Recall Honda Motors has issued a recall of 1,316 CR-V SUVs due to a faulty part that can cause the car to lose control. The car maker said the front-right control arm - part of the suspension - on some of the vehicles "were improperly welded and could break, which could affect vehicle handling. There have been no crashes or injuries reported in association with the recalled vehicles. James R. Healey, USA Today 03/25/2012 Read Article: USA Today

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Labor/Employment
Suit: Long Island Restaurant Exploits Workers An immigrant from Nepali has filed a lawsuit against a Long Island restaurant at which he works, saying his bosses forced him to live with a group of other workers in the restaurant basement so he could work more often. According to the suit, the plaintiff was forced to work 12-hour days for weeks on end while his pay was reduced from $500 a week down to nothing. The suit alleges unpaid wages and overtime law violations and is seeking unspecified damages. Erica Pearson , New York Daily News 04/03/2012 Read Article: New York Daily News

<a __removedlink__268829503__href="http://www.upi.com/T...1521333405708/" style="line-height: 10.8pt; font-family: Verdana; color: #000099; font-size: 9pt; font-weight: bold; text-decoration: none" target="_blank">Teacher Suspended in Michigan Fights Back A Michigan teacher's aide has challenged her suspension from the elementary school where she worked because she refused to give school administrators her Facebook password. The woman says the district superintendent demanded her password be handed over so he could view a picture she posted of a co-worker after the school received a complaint. When she refused, she was suspended. The issue is set to go to arbitration next month. Staff Report, United Press International 04/02/2012 Read Article: United Press International