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law cases and law news you might find interesting


smazza

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Court Upholds DNA Sample Law in California spacer.gifA 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.nydailynews.com/archives/news/lawsuit-salvation-army-article-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 spacer.gifA 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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Single and Double Jogging Strollers Recalled spacer.gifThe 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

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<a href=http://articles.chicagotribune.com/2012-02-23/sports/ct-spt-0224-pompei-bears--20120224_1_neck-and-spine-committee-concussion-issue-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 spacer.gifThe 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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Jury Awards $7.3 Million for 4Runner Accident spacer.gifThe 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

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<a href=http://www.freep.com/article/20120225/BUSINESS06/202250406/Flagstar-mortgage-fraud-lawsuit-settled-for-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 spacer.gifMichigan-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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<a href=http://www.prnewswire.com/news-releases/echo-recalls-backpack-blowers-due-to-fire-hazard-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 spacer.gifThe 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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School District to Pay Ex-Teacher $1.1 Million spacer.gifA 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

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Couple Not Told Their Fetus was Unhealthy, Suit Says spacer.gifA 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.com/news/2012-02-24/toyota-loses-bid-to-force-arbitration-in-acceleration-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 spacer.gifA 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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<a href="http://content.usatoday.com/communities/campusrivalry/post/2012/02/tommy-tuberville-federal-lawsuit-fraud-17-million/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 spacer.gifA 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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Pajamas Fail to Meet Flammability Rules, Recalled spacer.gifThe 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

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<a href=http://www.gosanangelo.com/news/2012/feb/28/professor-wife-file-lawsuit-in-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 spacer.gifA 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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Pilots File Lawsuit over Labor Agreement spacer.gifA 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

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Shooting by Chicago Officer Prompts Lawsuit spacer.gifA 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.com/lifestyles/health-med-fit/fitness/lawsuit-links-illnesses-to-north-st-louis-county-creek/article_4d9b45ff-3aa2-560d-9ec9-8fa44436acfc.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 spacer.gifA 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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Suit Says 'Siri' Doesn't Work as Advertisedspacer.gifA 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

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Suit Filed over Botched Surgery at Military Base Hospital spacer.gifA 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-tribune.com/news/lackawanna-county-jury-returns-4-2-million-verdict-against-local-doctor-1.1292568#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 Suitspacer.gifA $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

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Camera on Buses Program Targeted in Lawsuitspacer.gifA 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 Lawsuitspacer.gifA 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

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<a href=http://www.prnewswire.com/news-releases/toy-truck-gifts-with-purchase-recalled-by-happy-shirts-due-to-fire-hazard-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 Riskspacer.gifThe 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

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