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Cohen & Cohen Blog

Finding Frederick MD Motorcycle Accident Lawyers

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Date04 Jun 2021
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Finding Frederick MD Motorcycle Accident Lawyers Suppose you or someone you love is injured in a motorcycle accident caused by another person’s negligence. In that case, you need a competent and capable attorney who can help you get the compensation you need. However, you don’t need just any lawyer to represent you. To get the best possible result, you want a personal injury attorney specializing in motorcycle injury cases. Here are a few things to look for when you’re choosing someone to retain. An Understanding of Mental Health Motorcycle accidents often cause severe physical injuries, but the mental health impact...
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Dr. Phil’s Dog Bite Case: Harris v. McGraw D.C. Dog Bite Lawyer

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Date04 Jun 2021
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Dr. Phil’s Dog Bite Case: Harris v. McGraw D.C. Dog Bite Lawyer Television personality Dr. Phil McGraw found himself in hot water in 2013.  His wife invited a friend, Janet Harris, over to their house. Upon arriving, the McGraw’s dog bit Ms. Harris. Rather than seek immediate medical attention at a hospital, Dr. Phil convinced Ms. Harris to let him contact a friend of his – a nurse. The nurse prescribed antibiotics. He did this to avoid short term bad press.  Dr. Phil’s decision seriously backfired. Harris developed a bacterial infection that led to permanent hearing loss and tremors in one...
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Neil Armstrong’s Wrongful Death Case – What happened to the first man on the moon?

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Date03 Jun 2021
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Neil Armstrong’s Wrongful Death Case – What happened to the first man on the moon? Neil Armstrong is a renowned American, a loved figure in our country’s history. Upon becoming the first man to step foot on the moon, he famously delivered the line: “That’s one small step for man, one giant leap for mankind.” Armstrong graduated from Purdue University with a degree in aeronautical engineering. He served in the Korean War as a pilot and joined NASA some time after. His first space flight occurred in 1966, and on July 20, 1969, he and Buzz Aldrin became the first...
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Seattle family awarded $10 million in wrongful life lawsuit D.C. Birth Personal Injury Lawyer

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Date02 Jun 2021
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Seattle family awarded $10 million in wrongful life lawsuit D.C. Birth Personal Injury Lawyer Last fall, Yesenia Pacheco and her husband, Luis, were awarded $10 million in a wrongful life settlement.  Pacheco, a refugee from El Salvador, had been receiving quarterly injections of Depo-Provera at the Neighborcare Health Clinic in Seattle, Washington. Depo-Provera is a contraceptive; Mrs. Pacheco had two other children, and did not want more. On September 30, 2011, Pacheco entered the clinic to receive her shot. The nurse on duty had spent much of the day administering walk-in flu shots. The nurse, rather than administering the Depo-Provera...
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What car insurance is required if I live in Virginia?

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Date01 Jun 2021
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What car insurance is required in Virginia? If you are driving a car that is registered in Virginia, you have two options: either purchase insurance, or pay the Uninsured Motor Vehicle Fee.  If you elect to purchase insurance, minimum insurance requirements are as follows:  Bodily injury/death of one person: $25,000 Bodily injury/death of two or more persons: $50,000 Property damage: $20,000 Bodily injury coverage means that, in the event of an accident, you are not obligated to pay the injured party’s medical bills, up to the amount insured for.  Property damage covers damage done to the other vehicle and to...
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Mayor Bowser announces $10 million in traffic safety improvements

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Date27 May 2021
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Mayor Bowser announces $10 million in traffic safety improvements D.C. Auto Accident Lawyer In recent weeks, Washington, D.C. Mayor Muriel E. Bowser announced that the District will spend $10 million on traffic safety in response to “the significant increase in the number of fatalities that we have experienced on our roadways in 2021.”  Mayor Bowser took office in 2015. Her goal at the time was to eliminate traffic fatalities and injuries by 2024. She is hoping this plan will help the District achieve that goal. The plan includes funding for curb extensions and medians, and reflective paint to protect pedestrians...
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Food Laws D.C. Food Poisoning Lawyer

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Date25 May 2021
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Food Laws and Poisoning D.C. Food Poisoning Lawyer Before the advent of food laws, there was little to no regulation on food entering the market. Fruit and vegetable farms used any methods available to sell more products, no matter the consequences. Thankfully, this began to change in the late 19th century and early 20th century.  Upton Sinclair’s The Jungle exposed horrific working conditions in Chicago’s meatpacking industry. One chapter in the novel detailed how diseased and rotten meat were deliberately processed and mislabeled for sale. Dead rats and sawdust made their way into the city’s food supply as well. His...
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Our Favorite Legal Movies D.C. Automobile Accident Lawyer

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Date14 May 2021
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Our Favorite Legal Movies D.C. Automobile Accident Lawyer Everyone loves a good courtroom movie scene! Here are some of our favorite legal films:  Erin Brockovich Based on a true story, Julia Roberts stars as Erin Brockovich. Brockovich becomes a legal assistant. One of her cases is a real estate case where Pacific Gas & Electric Company is offering to purchase someone’s home in Hinkley, CA. The film follows Brockovich’s investigation into PG&E’s dangerous and negligent use of a cancer-causing chemical in their plant, causing groundwater contamination. Brockovich and her law firm eventually start a class action lawsuit. A Civil Action...
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Types of Evidence in a Medical Malpractice Case D.C. Personal Injury Lawyer

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Date13 May 2021
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Types of Evidence in a Medical Malpractice Case Washington, D.C. Personal Injury Lawyer To win a medical malpractice case, your attorney must show that the doctor was negligent in his or her care. Negligence must be established by a preponderance of the evidence.  To do so, he or she will have to prove that:  The doctor had a legal duty to provide care The doctor breached his or her duty  The violation of the duty caused your injuries Introducing evidence is a valuable tool that your attorney will likely use to strengthen your case. Medical Records Medical records are a...
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Mistakes to Avoid Making After a Car Accident D.C. Auto Accident Lawyer

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Date12 May 2021
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Mistakes to Avoid Making After a Car Accident D.C. Auto Accident Lawyer The immediate minutes and hours following a car accident can be extremely stressful. You might be in pain, anxious about the cost of the accident, worried about the rest of your day and your loved ones, and more. In times like these, it is important to try to take a step back, assess the situation, and not act emotionally and impulsively.  There are several mistakes that you should avoid to ensure the opportunity to receive maximum compensation from the accident.  The first mistake is to not call the...
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Rollover Car Accident Lawyer Washington D.C. Car Accident Attorney

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Date12 May 2021
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Rollover Car Accident Lawyer Washington D.C. Car Accident Attorney Rollover car accidents are a rare, but especially deadly type of accident. The data released by the National Highway Traffic Safety Administration shows that while rollovers account for only two percent of traffic crashes, they account for nearly 35 percent of all traffic-related fatalities.  There are two types of rollover accidents: tripped rollovers, and untripped rollovers.  Tripped Rollovers Ninety-five percent of rollovers are tripped rollovers. They occur when something “trips” the vehicle, like a curb, collision with another car, guardrail, or soft soil. In soft soil tripped rollover car accidents, the...
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Recent Elmiron Study Paves Way for Class Action Lawsuit D.C. Personal Injury Lawsuit

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Date10 May 2021
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Recent Elmiron Study Paves Way for Class Action Lawsuits D.C. Personal Injury Lawsuit Elmiron is a drug manufactured by Janssen Pharmaceuticals. The medicine entered the market in 1996, and is marketed as the only FDA drug approved that treats bladder pain, or discomfort stemming interstitial cystitis. Elmiron does not cure the disease, but rather relieves symptoms, and improves quality of life. It is widely used. However, per an NIH published study, a randomized placebo-controlled experiment did not confirm the drug’s efficacy.  Problems  Problems resulting from Elmiron use began the year after its release. In 1997 almost 150 cases of eye...
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Failure to Warn Lawsuits D.C. Personal Injury Attorney

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Date06 May 2021
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Failure to Warn Lawsuits Manufacturers, distributors, and sellers of a product have a duty to provide adequate warnings on their products if the product could cause foreseeable harm. If they don’t, they can be held liable for injuries.  Section 23.05 of the Washington, D.C. Jury Instructions details failures to warn.  Notable Cases East Penn Mfg. Co v. Pineda Much of the jury instructions stem from East Penn Mfg. Co. Francisco Pineda worked as a mechanic at Callaham’s Refuse Company. His job included keeping the refuse trucks (trash trucks) working.  On November 21, 1983, Pineda began working on a 1977 Ford....
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Jury Instructions for Property Damage D.C. Auto Accident Lawyer

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Date03 May 2021
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Jury Instructions for Property Damage D.C. Car Accident Attorney In cases involving damage to real and personal property, Chapter 15 of the Washington, D.C. Jury Instructions guide jurors in their deliberations.  Before diving into the instructions, let’s cover some terminology:  Real property: fixed property, like land and buildings Personal property: anything other than real estate, like vehicles or electronicsIn car accident cases, property damage can be part of the settlement. Fair market value: the price the would result from a fair negotiation The fair market value is determined in part by age, condition, and depreciation. The plaintiff should be reasonably...
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The COVID-19 Vaccine: Do I Have a Lawsuit? D.C. Vaccine Lawyer

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Date28 Apr 2021
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Side Effects from the COVID-19 Vaccine: Do I Have a Lawsuit? D.C. Vaccine Lawyer Note: Cohen & Cohen does not handle these cases. We wanted to provide the information regardless. The first COVID-19 case in the United States occurred in January of 2020; the first death occurred in early February of 2020. At the time of writing this, April 28, 2021, the US has had more 32 million cases and more than 570,000 deaths. However, in the same time period, Pfizer, Moderna, and other companies developed a vaccine that is effective against the virus. Pfizer and Moderna require two doses...
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Social Change Litigation Part II D.C. Personal Injury Lawyer

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Date26 Apr 2021
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Social Change Litigation Part II D.C. Personal Injury Lawyer Litigation is a tool that can be used to effectuate social change.  Here, we cover current and recent litigation across the country hoping to make the world a better place. Climate Change BP P.L.C. v. Mayor and City Council of Baltimore The City of Baltimore sued BP and other fossil fuel companies for their role in climate change. The suit alleges that the companies knew about the impacts of its actions yet continued to produce fossil fuels, and that global warming has already caused rising sea levels, heat waves, and extreme...
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The Derek Chauvin Trial

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Date21 Apr 2021
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State of Minnesota v. Derek Michael Chauvin Over the past month, Derek Chauvin, former Minneapolis police officer, was on trial for the death of George Floyd. Mr. Chauvin faced charges of second-degree manslaughter, third-degree murder, and unintentional second-degree murder.  On May 25, 2020, Mr. Floyd was arrested for possibly using a counterfeit bill. The officers struggled to get him into the squad car. Mr. Chauvin arrived at the scene and pulled Mr. Floyd to the ground. Mr. Chauvin placed his left knee on the back of Mr. Floyd’s neck for the next nine minutes and 29 seconds. A hostile crowd...
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Qualified Immunity Part I

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Date15 Apr 2021
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What is Qualified Immunity and Why Does it Exist? The George Floyd protests of July 2020 cast a renewed light on 42 U.S.C. §1983 and qualified immunity. The former references Section 1983 of Title 42 of the United States Code, which gives citizens the right to sue government employees for civil rights violations.  However, because of qualified immunity, these suits are rarely successful. Qualified immunity is the judicial doctrine that grants immunity to police officers, administrators and other public officials who are alleged to have violated the rights of a person while performing his or her job.  For qualified immunity...
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Chapter 16 Jury Instructions for Punitive Damages D.C. Car Accident Lawyer

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Date14 Apr 2021
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Jury Instructions Punitive Damages D.C. Auto Accident Attorney In a civil case, there are three types of damages: compensatory, nominal, and punitive.  In this post, we’ll be going over punitive damages. Punitive damages are not often awarded. They are ruled by Chapter 16 of the Washington D.C. Jury Instructions.  Punitive damages are awarded to punish the defendant for his conduct, and to serve as an example to prevent others from acting in a similar way.  The plaintiff must prove, with clear and convincing evidence, that the defendant acted with “evil motive, actual malice, deliberate violence or oppression, or with intent...
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Burden and Standards of Proof D.C. Car Accident Lawyer

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Date13 Apr 2021
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Burden and Standards of Proof D.C. Automobile Accident Lawyer In both civil and criminal cases, the person who brings forth charges has the burden of proof, but this can shift as a case progresses. Depending on the type of case, there are different standards of proof. The more serious the consequences, the higher the standard of proof.  Burden of Proof Throughout a case, the burden of proof can shift between each party. It consists of two concepts: burden of production, and burden of persuasion.  The burden of production means the person who lay charges must come forward with enough evidence...
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D.C. Human Rights Act Jury Instructions Part I D.C. Car Accident Lawyer

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Date12 Apr 2021
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District of Columbia Human Rights Act Jury Instructions 24.01 – 24.04 The Washington D.C. Human Rights Act prohibits discrimination in housing, employment, public accommodations, and educational institutions. The act is based on 21 protected traits: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, political affiliation, and disability. Depending on the situation, these traits apply: matriculation, familial status, genetic information, source of income, place of residence, status as a victim of an intrafamily offense, credit information, and status as a victim or family member of a victim of domestic violence,...
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Personal Jurisdiction DC Auto Accident Lawyer

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Date09 Apr 2021
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Personal Jurisdiction DC Car Accident Lawyer For a court to make a legally valid decision, it must have two types of jurisdiction: personal jurisdiction, and subject matter jurisdiction.   Subject matter jurisdiction is the authority a court has to hear a certain type of case. This varies among federal and state courts. State courts have jurisdiction over most issues; federal courts have limited jurisdiction. Personal jurisdiction is a court’s jurisdiction over each party in a case. It allows the court to order a party to appear. This can come from the party doing business and/or residing in the state, or having...
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Chapter 7 Jury Instructions Automobile Accidents D.C. Car Accident Attorney

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Date08 Apr 2021
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Chapter 7 Washington D.C. Jury Instructions Auto Cases D.C. Lawyer Chapter 7 of the Washington D.C. Jury Instructions lists the guidelines that jurors should use when deliberating on automobile cases.  The instructions open by discussing the duties of drivers and pedestrians. Driver’s must take ordinary care to avoid colliding with others and to avoid placing themselves in danger. Pedestrian’s duty is to protect his or her own safety.  To assess ordinary care, the question one should ask is: what would a reasonable person do under similar circumstances?  Automobile accidents are usually due to negligence. The comment attached to Instruction 7-1...
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FRCP Rule 8: General Rules of Pleadings DC Auto Accident Attorney

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Date05 Apr 2021
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FRCP Rule 8 General Rules of Pleading In 2005, William Twombly sued Bell Atlantic Corporation and other telecommunication companies, alleging that the carriers engaged in “parallel conduct unfavorable to competition” in violation of Section 1 of the Sherman Antitrust Act. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). The district court dismissed the complaint for failure to state a claim upon which relief can be granted. Twombly appealed the case, and the United States Court of Appeals for the Second Circuit reversed the ruling. Bell Atlantic appealed, and The Supreme Court reversed the ruling of the Court of Appeals....
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Litigation as a Tool to Effectuate Social Change

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Date31 Mar 2021
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Litigation as a Tool to Effectuate Social Change D.C. Personal Injury Lawyer Throughout history, litigation has been used to change society.  Kassie Siegel, the director of the Climate Law Institute and its senior counsel, writes that “litigation is an essential tool to solve problems.”  Eric Yamamoto, Professor of Law and Social Justice at the University of Hawaii, asks that lawyers and scholars squarely confront the interracial divisions in our society.  In this post, we’ll be covering three monumental cases that have changed the United States for the better.  Heart of Atlanta Motel v. United States (1964) In 1956, Moreton Rolleston...
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Tort Law and Personal Injury D.C. Auto Accident Attorney

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Date30 Mar 2021
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Tort Law and Personal Injury Part I Tort law is “the law of civil wrongs.” The word derives from the French word for “wrong” and from the Latin word tortum, which means twisted or crooked.  A tort is a wrongful act between private parties that causes pain and suffering in some capacity. It exists for at least three reasons: (1) to compensate the plaintiff, (2) to deter a person from acting in a way that may cause injury to another and (3) to punish people who wrongfully injure others (as was the case in Liebeck v. McDonald’s). The plaintiff must...
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Failure to Diagnose Cancer D.C. Medical Malpractice Lawyer

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Date22 Mar 2021
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Failure to Diagnose Cancer Washington, D.C. Medical Malpractice Attorney In April 1991, Lesley Ivanjack was suffering from pain and loss of hearing in her right ear, and decided to visit her primary care physician. She was diagnosed with an ear infection. One month later, with no relief from the pain, she saw another doctor, an otolaryngologist, who agreed with the initial diagnosis. In June, she returned to the otolaryngologist, explaining that her pain had spread through the right side of her head. The doctor diagnosed her with tonsillitis. In September, her symptoms had not lessened. She was referred to an...
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The Hot Coffee Case: Liebeck v. McDonald’s

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Date18 Mar 2021
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The Coffee Case: Negligence or Not? In 1992, Stella Liebeck, a 79 year-old woman, ordered coffee at a McDonald’s drive-through in Albuquerque, New Mexico. She and her grandson pulled into a parking spot to allow her to pour cream and sugar into the coffee cup.While removing the lid, the coffee spilled onto her lap. Ms Liebeck suffered third degree burns and was hospitalized for seven days. She underwent skin graft surgery, and had disabilities for the remainder of her life.  Ms. Liebeck asked McDonald’s to cover her medical treatment – $20,000. They declined, offering a mere $800. Ms. Liebeck then...
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Social Media Mistakes After an Accident DC Auto Accident Lawyer

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Date17 Mar 2021
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Social Media Mistakes After an Accident DC Car Accident Lawyer After an accident, insurance companies will do everything they can to pay as little as possible in a settlement. One method used to discredit the claims of the injured party is by using his or her social media posts. To illustrate, let’s look at a case that occurred in New York in 2010.  The Plaintiff, Kathleen Romano, fell off of her office chair. She alleged that the defective chair caused the fall, and that as a result of her fall, she sustained “serious permanent personal injuries” and “pain and progressive...
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Rule 12: Defenses and Objections DC Personal Injury Lawyer

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Date15 Mar 2021
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Federal Rules of Procedure: Rule 12 Defenses and Objections The overwhelming majority of lawsuits never go to trial. Trials are expensive and time-consuming. Most cases are settled out of court, dropped, or dismissed One method used to avoid trial is the motion to dismiss. If the defendant thinks that the plaintiff’s claims are legally invalid he or she will file a motion to dismiss after the plaintiff has filed a complaint.  Rule 12 of the Federal Rules of Civil Procedure outlines motions to dismiss. After the plaintiff files a complaint, the defendant has 21 days to file a motion to...
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The Discovery Rule for Medical Malpractice Cases Washington D.C. Attorney

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Date05 Mar 2021
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The Discovery Rule for Medical Malpractice Cases in Washington D.C. In most medical malpractice cases in Washington D.C., the statute of limitations is three years. This means that a person has a three years from the date of the incident to life a lawsuit. Generally, this is a strict rule, with some exceptions. One such exception is the discovery rule (sometimes known as the discovery of harm rule). In certain instances, injuries are not apparent until months or years after the date of surgery or medical visit. The tolling of the statute of limitations begins when the patient could reasonably...
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Failure to Diagnose and Misdiagnosis DC Medical Malpractice Lawyer

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Date03 Mar 2021
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Failure to Diagnose and Misdiagnosis DC Medical Malpractice Lawyer When a person visits the doctor’s office, he or she expects to receive an accurate diagnosis, and an adequate treatment plan. Unfortunately, this is not always what happens.  Every year, 12 million people in the United States are impacted by medical diagnostic errors, leading to between 40,000 and 80,000 deaths.  Diagnostic errors come in several forms. Among them include wrong diagnosis, missed diagnosis, delayed diagnosis, failure to recognize complications, failure to diagnose a related disease, and failure to diagnose an unrelated disease. Accurate diagnoses are often difficult. They are complicated by...
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How to Talk to Your Insurance Company After an Accident DC Car Accident Attorney

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Date01 Mar 2021
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Talking to Your Insurance Company After an Accident Washington D.C. Lawyer In the hours and days after an accident, you may be filled with anxiety, nerves, and physical pain. At the same time, you will likely start receiving calls from your (or the other party’s) insurance company, wanting to understand what happened, your injuries, and quickly offering settlement money. Let the dust settle. In this post, we’ll be covering how calls should go – the information you should get, and what you should and should not say.  The first thing to do is to write down the contact information of...
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Jurisdiction Requirements in the Federal Court System

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Date25 Feb 2021
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As we covered in a previous post, subject matter jurisdiction is the authority of a court to hear a particular type of claim. Subject matter jurisdiction varies among different courts.  In today’s post, we’ll be going over jurisdiction requirements in the federal court system.  The federal court system began with Article III of the Constitution, which established one Supreme Court and gave Congress the right to establish inferior courts as Congress saw fit. Since 1789, Congress has expanded the federal court system to include 94 district courts (the trial court), and 12 circuit courts (the first level of appeal). The...
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COVID-19 and Nursing Homes DC Nursing Home Lawyer

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Date24 Feb 2021
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COVID-19 Nursing Home Abuse Lawyer Washington DC The first death from COVID-19 in the United States occurred in early February of 2020. Since then, more than 500,000 Americans have died from the virus, 136,000 of which have occurred in nursing homes – both residents and caregivers. Nursing homes are particularly ripe grounds for the virus to attack, as the elderly are especially vulnerable to the disease. Still, nursing homes have a legal duty to ensure the safety of their residents. This means that nursing homes must adjust to the circumstances brought about as a result of coronavirus, and take measures...
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What is Subject Matter Jurisdiction and How Does it Relate to my Personal Injury Case?

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Date23 Feb 2021
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The National Childhood Vaccine Injury Act was passed in 1986, creating a vaccine court in the United States. The vaccine court cannot hear a bankruptcy case or a murder case. It does not have subject matter jurisdiction to hear any case other than those related to vaccine injuries. Subject matter jurisdiction is the authority of a court to hear a particular type of claim. It is important because it limits the power of a court. Subject Matter Jurisdiction in Federal Courts Federal courts are courts or limited and exclusive jurisdiction. They have authority over a small percentage of cases, like...
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Slip and Fall Injuries DC Lawyer

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Date22 Feb 2021
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DC Personal Injury Lawyer Slip and Fall Let’s say a person is in the grocery store. She is alone, walking down an aisle. On the ground, in the middle of the aisle lies a banana peel. The person does not notice the peel, slips on it, and breaks her wrist.  Is the grocery store liable? Was the grocery store negligent in some way? In this case, probably not. If the lighting was normal, and the person had perfect vision and should reasonably have seen the banana peel, then she likely will not win her slip and fall case. What if,...
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Injuries from a Dog Bite DC Personal Injury Lawyer

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Date19 Feb 2021
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DC Dog Bite Personal Injury Attorney Many dogs are sweet, gentle creatures around people they know. But our furry friends can feel threatened and anxious when around people they don’t. Sometimes, they bite and attack. Nearly 5 million Americans are bitten by dogs every year, with injuries ranging from minor cuts to severe infections and possible death.  Types of Injuries from a Dog Bite On the minor side, and the injuries that make up the majority of dog bites, are cuts, scratches, rashes and bruises. These don’t require a hospital visit, or stitches. A bandaid and some Neosporin will do...
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Top Causes of Car Accident Fatalities Washington D.C. Auto Accident Lawyer

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Date18 Feb 2021
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Causes of Car Accident Fatalities Washington D.C. Auto Accident Lawyer According to The National Highway and Traffic and Safety Administration (NHTSA), more than 36,000 people died in car accidents in 2019, down two percent from 2018. It was the third year in a row that the number has decreased. In other major traffic fatality categories, fatalities also decreased. There was nearly a three percent decrease in fatalities among passengers, a three percent decrease among bicyclists, and a 2.7 percent decrease among pedestrians. The fatality rate in 2019 was 1.1 per 100 million vehicle miles traveled, the lowest in six years....
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Washington D.C. Jury Instructions for Negligence Part II DC Auto Accident Lawyer

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Date12 Feb 2021
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In a previous post, we covered the first part of the Washington D.C. Jury Instructions on Negligence, up to instruction 5.06. In today’s post, we’ll be covering the remainder of the instructions.  Sections 5.07 and 5.08 discuss children. The jury is told that if a child is present or his presence is reasonably foreseeable, a reasonable person will use greater care. The person also must anticipate the child’s behavior, as “children cannot and do not use the same degree of care for their own safety as adults…they are often thoughtless and impulsive .” Further, a child does not have to...
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Washington D.C. Jury Instructions for Negligence Part I Car Accident Lawyer

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Date11 Feb 2021
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Washington D.C. Jury Instructions for Negligence Part I Continuing with our series on covering the Washington D.C. Jury Instructions, we’ll be going over roughly the first half of Chapter 5 today, which covers negligence. Again, the judge’s “charge” to the jurors are the instructions.  The chapter begins by informing the jurors of the elements of a negligence claim. After the plaintiff has alleged the defendant was negligent, he or she needs to prove, by a preponderance of the evidence (that each is more likely so than not), that (1) the defendant did not use ordinary care (2) the defendant’s failure...
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What is Summary Judgement DC Auto Accident Lawyer

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Date09 Feb 2021
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Summary Judgement DC Car Accident Lawyer If a lawsuit moves to a trial in a civil case, it is usually because there is a disagreement over the facts of the case.  However, when there is no disagreement over the material facts (facts that a reasonable person would find important to the case), some or all of a trial can be avoided through summary judgement. One party files the motion for summary judgement, and it is either granted in full, partially, or not at all. In Washington, D.C., the movant (party filing the summary judgement motion) may file at any time...
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Elder Abuse D.C. Injury Lawyer

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Date01 Feb 2021
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Elder and Nursing Home Abuse DC Negligence Lawyer As family members and loved ones age and suffer declines in mental and physical strength, many begin to require special care that is too difficult for non-professionals to manage. When this occurs, it may be in the family’s best interest to either bring in a caregiver, or move the elder to a nursing home or assisted living residence. In fact, as of 2019, there were more than 1.3 million residents in nursing home facilities across the country. Unfortunately, tens of thousands of older persons are abused every year in nursing home facilities...
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Washington D.C. Jury Instructions for Damages – Auto Accident Attorney

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Date29 Jan 2021
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Washington D.C. Jury Instructions Personal Injury Lawyer If you are assigned jury duty, the judge will read to you the jury instructions – his or her “charge” to the jurors. The instructions are the rules that jurors should follow when deciding a case. In Washington D.C., Chapter 13 of the Standardized Civil Jury Instructions elicits the damages that can be awarded in a negligence or wrongful conduct case. The first, and most obvious thing for which damages should be awarded is the extent and duration of physical injuries suffered. For example, compensation for a broken leg (and three months of...
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Medication Side Effects and Product Defect Lawsuits DC Lawyer

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Date28 Jan 2021
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When do medication side effects merit a lawsuit? On the back of an Advil package, there are warnings, such as “this product may cause a severe allergic reaction”, “stomach bleeding warning”, and “heart attack warning”, to name a few. These warnings are legally required by the Food and Drug Administration. On all medicines, adequate warning labels must be provided. However, every year, millions of Americans are forced to visit their doctor’s office due to side effects from prescription or over-the-counter drugs. The injuries can be severe, or even fatal. The FDA is responsible for ensuring that the drugs they approve...
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Self-Driving Cars and Personal Injury Claims DC Car Accident Lawyer

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Date27 Jan 2021
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Self-Driving Vehicles Washington DC Auto Accident Lawyer In 2018, a woman named Elaine Herzberg was struck and killed by Rafaela Vasquez. Ms. Vasquez was at the wheel of a self-driving Volvo, participating in Uber’s autonomous vehicle program. The vehicle did not notice Ms. Herzberg as a collision risk. Ms. Vasquez failed to take control of the vehicle, as she was watching a television show at the time. Who should be liable for Ms. Herzberg’s death? Should it be Uber, for not recognizing Ms. Herzberg as a collision risk and automatically braking?  What about Ms. Vasquez?  How should liability be determined...
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Defective Tires DC Car Accidents

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Date26 Jan 2021
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Defective Tires DC Car Accidents In the early 1990s, Ford was sued en masse. The allegations were that the Bridgestone/Firestone tires on Ford Explorer’s were defective, causing the vehicle to rollover and resulting in serious, fatal consequences. Over the ensuing ten years, the federal government connected 174 highway deaths and over 700 injuries to accidents involving Bridgestone/Firestone tires. The tread had peeled off Firestone tires, leading to the rollovers. Bridgestone/Firestone was forced to recall more than 14 million tires. Ford settled hundreds of cases for amounts ranging from $1 million to more than $30 million. The tire failures cost Bridgestone/Firestone...
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Last Clear Chance Doctrine DC Auto Accident

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Date25 Jan 2021
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Last Clear Chance Doctrine DC Car Accident In England in 1842, a man left his donkey on the side of the road. He thought that the donkey would be safe while he entered and purchased an item from a store. The donkey was not safe. It wandered into the road, and was struck and killed by a wagon. Does the plaintiff have the right to recover against the donkey’s killer even though the donkey was left in an unsafe situation?  To come to the right answer in the above case (Davies v. Mann (1842), 10 M&W 546, 152 ER 588),...
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Who can be Deposed after a Car Accident in Washington, D.C.?

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Date22 Jan 2021
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Depositions after a car accident in Washington, D.C. After a car accident occurs and a lawsuit is filed, both sides conduct “discovery,” where each party obtains information from the other. Before 1938, according to Cornell Law, “plaintiffs basically had to be able to prove their case before filing suit.” In 1938, the Federal Rules of Civil Procedure (which included discovery) were adopted, changing the standard forever. According to Title V of the FRCP and its subsequent rules, all relevant facts and documents in a legal dispute must be provided to the other side. The rules for discovery are broad. A...
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Ordinary vs. Gross Negligence in DC Personal Injury Cases

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Date21 Jan 2021
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Ordinary vs. Gross Negligence Lawyer Washington DC In the legal world, negligence is an important concept. To be negligent in the eyes of the law means that you have breached your legal duty, and it has harmed another.  In this post, we’ll be going over two commonly misunderstood types of negligence: ordinary, and gross. Ordinary negligence is a careless mistake. It’s not paying attention. For example, let’s say a cook doesn’t cook a piece of meat all the way through, and the customer becomes sick from it. The cook did not mean to cause harm to the other person. However,...
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Common Washington DC Car Crash Injuries

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Date30 Nov 2020
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A car collision can cause significant injuries to virtually any part of the human body. The following are some of the most common Washington DC car crash injuries suffered in motor vehicle accidents: Traumatic brain injuries (TBI) Car accidents are a formidable cause of TBI, an injury where brain damage occurs from a piercing injury or blow to the head. Spinal cord injuries and paralysis  A crash’s impact and torque on the body can cause long-term disability from damage or harm to the spinal cord. The effect on the spinal cord can be partial or total paralysis. Back Injuries The...
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Do I need to hire a personal injury attorney?

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Date30 Nov 2020
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Many accidents leave their victims with both physical and psychological injuries. Accidents caused by another person’s negligence can be upsetting, to say the least. It leaves victims with so many questions. If this is your experience, you might be wondering who will pay your hospital bills, lost wages, and other accident-related expenses. The negligent or “at fault” person or their insurance agency is required to compensate the victim for injury, damages, or harm. Sadly, the person at fault may not take responsibility for his or her mistakes. Plus, the individual’s insurance company may also not be willing to pay the...
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How long do I have to file a lawsuit in a case of a birth injury?

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Date30 Nov 2020
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Welcoming a new child into the world should be one of the happiest times of your life — and many times, the event goes off without a hitch. However, sometimes complications arise during delivery. Sadly, complications during childbirth could leave your child harmed, disabled, or injured.  Birth injuries are wide-ranging and can be mild to severe in nature. Severe injuries can often be devastating and lead to a lifetime of pain and disability, requiring special care and significant medical expense. In some circumstances, birth injuries result from a doctor, healthcare provider, or a medical facility’s negligence. When this occurs, you...
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How do you know if you have a case for medical malpractice?

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Date30 Nov 2020
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If you were injured due to negligent medical care, you might be entitled to hold the at-fault medical professional or health care entity liable for medical negligence. However, specific factors must be present to hold these negligent parties liable for medical malpractice. If you want to know if they apply to your situation, it may be in your best interest to contact an experienced medical malpractice attorney to discuss your issue and determine if you have a valid claim that entitles you to compensation. Your medical negligence lawyer will look for several elements when reviewing your claim, including: An Established...
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Bankrupt Boy Scouts Face New Lawsuits

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Date20 May 2020
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In an effort to pressure councils nationwide to pay a big share of an eventual settlement in the Scouts’ bankruptcy proceedings, nine new sex abuse lawsuits were filed against three local Boy Scout councils on Tuesday in New York. The lawsuits were filed soon after coronavirus lockdown rules were eased in some parts of New York and courts in these jurisdictions were allowed to resume their handling of civil claims. Mike Pfau, whose Seattle-based law firm is involved in coordinating the filing of these lawsuits, says that he anticipates filing many more claims in other parts of New York, as...
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Churches Sue Governor

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Date08 May 2020
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Churches in Oregon are suing Governor Kate Brown, alleging that her coronavirus stay-at-home orders that prohibit “non-essential social and recreational gatherings” encompasses church services and are unconstitutional. The lawsuit is being led by Common Sense for Oregon, a nonprofit led by former Reupblican candidate for governor, Kevin Mannix. It includes ten churches, and over a dozen religious leaders and congregants from all over the state of Oregon. Arguing for the plaintiffs in the case is the Pacific Justice Institute. The lawsuit “seeks to invalidate” three of Governor Brown’s orders, starting with her initial emergency declaration that was signed on March...
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Federal Court Denies Epstein Victim’s Appeal

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Date17 Apr 2020
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A federal appeals court has denied the appeal of an alleged underage sexual abuse victim of deceased Jeffrey Epstein’s to revive a lawsuit that claims Florida federal prosecutors failed to consult victims when they reached a secret plea deal with Epstein over a decade ago. A three-judge panel of the 11th U.S. Circuit Court of Appeals concluded that the alleged victim’s appeal had to be rejected because no federal charges were filed in Florida against the wealthy financier. Epstein was previously charged of similar crimes in a federal court in New York and died soon after of an apparent suicide...
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Kansas Coronavirus Case Goes to the Supreme Court

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Date10 Apr 2020
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Arguments in Governor Laura Kelly’s lawsuit against legislative leaders who overturned her executive order banning religious and funeral services of more than 10 attendees during the coronavirus pandemic are set to be heard by the Kansas Supreme Court on Saturday. When a Republican-dominated legislative panel overturned the Democratic governor, she said that the, “last thing” she wants to do is to get involved in a legal dispute amongst the many challenges of this pandemic but the legislative panel’s ruling, gave her filing a lawsuit as her only option with how to move forward to protect the health of the people...
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Coronavirus Restrictions Divide Religious Advocates

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Date09 Apr 2020
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A divide was marked on March 30 between religious liberty groups when a conservative religious liberty group jumped to the legal defense of an evangelical Christian pastor who was arrested in Florida for ignoring a stay-at-home order. In contrast to this pastor’s behavior and the support he is getting, many of the major religious liberty groups are preaching for caution and to not go to court while the globe is in the midst of a pandemic. Liberty Counsel is representing Rodney Howard-Browne who is the co-founder of The River at Tampa Bay Church. He has been accused of presiding over...
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Texas Allowed to Ban Abortions During Pandemic

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Date08 Apr 2020
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On Tuesday, a U.S. appeals court ruled in favor of allowing Texas to be able enforce limits on the ability for women to obtain abortions because Texas deems them as non-urgent, non-essential medical procedures. In light of the coronavirus’s rapid spread throughout the U.S., the Centers for Disease Control and Prevention (CDC) issued recommendations that inpatient facilities reschedule elective surgeries as necessary and the American College of Surgeons (ACS) issued recommendations to minimize, postpone or cancel electively scheduled surgeries and invasive procedures. The three-judge panel from the New Orleans-based 5th U.S. Circuit Court of Appeals threw out a federal judge’s...
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3rd Political Parties Sue for Covid Discrimination

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Date08 Apr 2020
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Illinois chapters of 3rd political parties, the Libertarian Party and the Green Party of the United States, have filed a federal lawsuit claiming the governor of Illinois, J.B. Pritzker’s stay-at-home order has interfered with the petition process necessary for their candidates to get on the November ballot. The lawsuit that was filed in Chicago last week alleges that the governor’s order that includes social distancing and for families and households to shelter-in-place, have made it near “impossible” to collect signatures because the signatures need to be handwritten. As of yet, the state does not have a way to collect electronic...
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Zookeeper, Joe “Exotic” Files $94 Million Lawsuit

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Date06 Apr 2020
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Joe Maldonado-Passage, also known as “Joe Exotic” has filed a federal lawsuit for $94 million in damages for his 22-year prison sentence for his role in a murder-for-hire plot and for animal abuse. The lawsuit names multiple defendants such as the U.S. Fish and Wildlife Service, the U.S. Department of the interior, the assistant U.S. Attorney who prosecuted him, and witnesses who testified against him in the case. In 2019, Maldonado-Passage was convicted on two counts of murder for hire for a plot to kill Carole Baskin, the CEO of the non-profit animal sanctuary, Big Cat Rescue, as well as...
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Illinois Coronavirus Lawsuit Seeks Release of Inmates

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Date03 Apr 2020
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A federal lawsuit filed in Chicago on Thursday is calling for state officials to “drastically reduce Illinois’s prison population” in order to give hundreds of inmates that are particularly susceptible to contracting the coronavirus and more likely to die from it, a chance to survive this pandemic. While the lawsuit seeks a class-action status to represent prisoners with underlying health conditions that make them more vulnerable to catching and dying from the disease, as well as older prisoners who are also more vulnerable and have drastically decreased survival rates of the coronavirus, the lawsuit that was filed in the U.S....
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Zoom Sued for Selling User Data to Facebook

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Date02 Apr 2020
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The popular video conferencing platform, Zoom is being sued in California for allegedly giving users’ personal data to outside companies including Facebook, without fully disclosing to its customers that they were doing this. The scrutiny is not just in California, in light of Zoom’s increased popularity for work, school and socializing while people have sheltered in place and been quarantined, New York’s Attorney General is investigating the teleconferencing company’s security practices during this new era of the stay-at-home movement that the coronavirus pandemic has created. In the California lawsuit filed on March 30, it is alleged that Zoom’s software reported to...
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Los Angeles County Sued for Closing Gun Shops

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Date31 Mar 2020
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Several gun owner groups have filed a federal lawsuit against the Los Angeles County Sheriff’s Department, Gov. Gavin Newsmon and state and county health officials in an effort to block the closure of gun shops during the coronavirus outbreak. In an effort to slow the spread of the coronavirus, Sheriff Alex Villaneuva closed gun stores in L.A. County on Thursday to everyone except police and licensed security company employees. According to the lawsuit, the closure is a clear violation of the 2nd Amendment right to bear arms. “California’s attack on fundamental rights in times of emergency must be stopped in...
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University of Michigan Facing Sexual Abuse Lawsuit

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Date30 Mar 2020
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A former football player at the University of Michigan has filed a lawsuit against the university, claiming that current athletic director Paul Schmidt did nothing to stop the sexual abuse he endured from the late Dr. Robert Anderson. According to the lawsuit, the former football player told Schmidt that he was sexually abused during his first physical examination by Dr. Anderson in the 1980s. Schmidt allegedly told him to “get used to that.” The suit claims Anderson sexually abused the former football player by groping and fondling his penis and testicles for long periods of time. The abuse continued during...
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Texas Sued to Challenge Coronavirus Restrictions

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Date27 Mar 2020
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Several abortion providers, including Planned Parenthood, have filed a lawsuit against Texas for banning abortions during the coronavirus outbreak. The order, signed by Gov. Greg Abott, requested for healthcare providers to postpone surgeries and procedures that aren’t immediately medically necessary. This restriction was created to free up personal protective equipment, like N95 respirators, for medical staff helping COVID-19 patients. On Monday, Attorney General Ken Paxton’s posted a warning that Abott’s order meant that any type of abortion would be banned except those necessary to save a woman’s life. Anyone who violated the order, he wrote, “will be met with the...
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Parents Sue Elite Manhattan Private School

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Date25 Mar 2020
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The parents of students enrolled at St. Bernard’s School in Manhattan have filed a lawsuit against the all boys private institution in an effort to get fthe former headmaster, Stuart Johnson III, back. Johnson, who has been ahead of the grammar school since 1985, was removed by the school’s Board of Trustees “without cause or explanation.” The lawsuit alleges that the executive committee forced Johnson to resign in May. If he didn’t, they threatened to terminate him, so he wouldn’t get a negotiated severance package. When Johnson agreed to step down, the committee ordered him to announce his own departure,...
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Physicians Accuse Yale Doctor of Sexual Misconduct

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Date24 Mar 2020
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Six female physicians who work in the Yale Department of Anesthesiology have filed a lawsuit against Dr. Manuel Fontes for alleged sexual harassment. The plaintiffs claim that Fontes, an anesthesiologist and a professor at Yale’s School of Medicine, subjected them to repeated incidents of forced and unwanted kissing, groping and retaliation for rejecting these unwanted actions. The plaintiffs also alleged that Fontes made inappropriate comments about their bodies and would retaliate against them for not putting up with his behavior, including making false claims to superiors about their job performance being poor. According to the lawsuit, the plaintiffs submitted complaints...
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Washington State DOC Sued for Coronavirus

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Date24 Mar 2020
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Five inmates have filed a lawsuit against the Washington State Department of Corrections (DOC), arguing that they’re not doing their part in stopping their spread of coronavirus. The inmates said that the Department of Corrections should be required to tell the court what safety measures it’s taking in response to the pandemic. “Due to the conditions under which inmates are held at prisons in Washington State, it is anticipated that an outbreak of COVID-19 will soon be seen, or may currently be underway, at one or more Washington State prisons,” the lawsuit says. “Cleaning at jails statewide has been woefully...
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Lawsuit Against N.H.’s Ban on Gatherings Dismissed

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Date23 Mar 2020
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On Friday, Judge John Kissinger dismissed a lawsuit to stop New Hampshire’s ban on gathering of 50 or more to prevent the spread of the coronavirus. The lawsuit was filed earlier this week in Merrimack Superior Court and argued that Gov. Christopher Sununu doesn’t have the authority to issue the ban and there is no emergency that allows such an order. “When ZERO people have died, and only 17 people have been diagnosed, there is no emergency, as a matter of law,” the lawsuit contends. Sununu declared a state of emergency last week. The plaintiffs who filed the lawsuit are...
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Lawsuit to Force FL Beaches to Close for Corornavirus

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Date23 Mar 2020
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Florida attorney Daniel Uhlfelder has filed a lawsuit against Gov. Ron DeSantis to close all beaches in Florida to stop the spread of the coronavirus. The lawsuit wants the court to force DeSantis to close all the beaches in the state. On Friday, DeSantis closed beaches in Broward and Palm Beach County and suggested for residents to practice social distancing if going to the state’s other beaches. DeSantis also has a message for college students who recently went to Florida’s beaches for spring break. “The message I think for spring breakers is that the party is over in Florida,” DeSantis...
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Federal Judge Dismisses Lawsuit for Student’s Suicide

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Date20 Mar 2020
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U.S. Middle District Judge John E. Jones III dismissed a lawsuit that was filed over the suicide of a former Milton Hersey School student. Abrielle Bartels hanged herself in 2013, when she was 14. She was dismissed shortly before this from her school after repeated counseling and voluntary hospitalizations for mental health issues. School officials told her family that they could no longer provide adequate care for her emotional issues. The girl’s family filed a lawsuit against Milton Hershey School in 2016, claiming that dismissing her was a factor in her suicide. The school, in Hershey, Pennsylvania is a 2,100-student,...
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Couple Settles Lawsuit Over Daughter’s Death in Jail

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Date19 Mar 2020
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The parents of Lise Marie Ostler, who died in jail in 2016, have settled their lawsuit against Salt Lake County for $950,000. Ostler was arrested in Draper when police approached her in a parking lot and found several syringes she allegedly used to inject heroin and meth. When Ostler was in jail, staff members believed she was suffering withdrawal from opiates. However, she suffered from Crohn’s disease, an inflammatory bowel disease that can cause extreme pain and digestive issues. Ostler died at a hospital on April 3, 2016. A medical examiner determined that she died of peritonitis, an inflammation in...
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Former Special Ed. Teacher Sues for Discrimination

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Date19 Mar 2020
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Cora Haynes, who was employed at Evergreen School District’s 49th Street Academy in Vancouver, has filed a lawsuit against the district, alleging she was subjected to racial discrimination. According to the lawsuit, Haynes “experienced race-based workplace hostility and discriminatory treatment from white staff and administration that grew in frequency and severity over her three years at 49th Street until her unlawful termination.” Ms Haynes was employed at the school in 2016 to 2019. The suit claims that Haynes was treated “differently than her non-Black coworkers, creating and maintaining a hostile work environment, retaliating against her for complaining about and opposing...
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Coronavirus Lawsuit for ICE Detainees

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Date18 Mar 2020
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The American Civil Liberties Union and the Northwest Immigrants Rights Project have filed a lawsuit to force ICE officials to release elderly and sick immigrant detainees from a detention center in Seattle to protect them from the spread of coronavirus. The nine plaintiffs in the lawsuit suffer from chronic health conditions, including heart disease and diabetes. The CDC states that the eldery and those living with chronic medical conditions are at an increased risk of severe illness if infected by the coronavirus. “It’s a disaster waiting to happen,” Eunice Cho, an ACLU attorney who specializes in detention matters, said. “Immigration...
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Inmate’s Family Files Wrongful Death Lawsuit

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Date18 Mar 2020
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The family members of a 30-year-old woman who died in police custody of a treatable heart infection have filed a lawsuit against the city of Springfield and the Hampden County Sheriff’s Department. Madelyn Linsenmeir of Vermont was an intravenous drug addict and was arrested in Massachusetts in Sept. 2018 on a probation-related arrest warrant. Video footage shows Linsenmeir asking for water and telling police officers that she felt chest pain and might need to go to the hospital. The lawsuit alleges that officers didn’t listen to her requests and told her that it was her own fault for using drugs....
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Lawsuit for Restricting Native Americans’ Voting Rights

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Date17 Mar 2020
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The American Civil Liberties Union of Montana and Native American Rights Fund have filed a lawsuit to challenge Montana’s new Ballot Interference Prevention Act (BIPA), which they claim makes it more difficult for Native Americans to cast ballots. Many Native American reservations in Montana are geographically isolated and lack postal service. Therefore, Native Americans depend on voting organizations to collect and transport ballots to election offices that would otherwise be inaccessible. BIPA has set new restrictions on who can collect ballots and how many ballots can be collected. This reduces what used to be 80 ballots to only six. The...
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Gay Corrections Officers Sue for Discrimination

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Date17 Mar 2020
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Two gay female corrections officers who are partners have filed a discrimination lawsuit against the Michigan Department of Corrections. Michelle Wood, who retired in October after 25 years of service, claims she began complaining about her treatment in 2008, which resulted in retaliatory investigations into alleged violations of work rules. Wood’s partner, Sgt. Loretta Smith still works at the correctional facility and says she still endures harassment and discrimination. She says she’s also being retaliated against due to Wood’s repeated complaints. Smith used to work at Women’s Huron Valley Correctional Facility near Ypsilanti. Smith and Wood said things got worse...
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Student Sues for Being Groomed for Sex

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Date16 Mar 2020
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A former student has filed a lawsuit against the Lone Jack School District, claiming they didn’t do anything to stop a former superintendent’s sexual misconduct. The former student, identified as S.L., alleges that former Lone Jack School District Superintendent Matthew Tarwater is a sexual predator who groomed female students for sex, including herself. The lawsuit claims that S.L. and Tarwater had sexual contact in 2018, but the sex wasn’t consensual “because (the plaintiff) had been subjected to years of predatory sexual grooming.” The suit says that plaintiff suffers from several clinically diagnosed ailments, including depression and anxiety. “Our client is...
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Los Angeles Sued to Provide Beds for Homeless

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Date13 Mar 2020
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The LA Alliance for Human Rights has filed a federal lawsuit in an effort to force Los Angeles officials to provide thousands of shelter beds for the homeless. The lawsuit accuses Los Angeles officials of failing to address the homelessness crisis. It asks a judge to set a “legally enforceable mandate” to create homeless services and beds for anyone who needs one on any given night. The suit claims that residents have to deal with public health risks, blocked sidewalks, untreated mental illness and addiction, environmental hazards and increased crime on a daily basis. “It is difficult for the housed...
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Couple Sues Cruise Ship for Coronavirus Negilgence

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Date13 Mar 2020
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Ronald and Eva Weissberger of Broward County have filed a $1 million lawsuit against Princess Cruise Lines for allowing them to be exposed to coronavirus on the Grand Princess cruise ship. The couple boarded the ship on February 21 and weren’t examined or screened before they got on, despite the fact that the ship has previously had two people on board with the virus. They also weren’t given a warning about the risk of exposure before they got on the ship. “Not one passenger was questioned, let alone examined in any capacity,” the lawsuit claims. The Weissbergers also said the...
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Drug Counselor Sues for Getting Fired for CBD Use

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Date11 Mar 2020
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San Antonio drug counselor Melanie Farr has filed a lawsuit against her former employer, Management & Training Corp., for not allowing her to use CBD oil to treat her multiple sclerosis symptoms. Farr placed drops of CBD oil under her tongue to improve her multiple sclerosis symptoms. It alleviated her pain, reduced her blood pressure and improved her gait. Unfortunately, it also got her fired when she failed a drug test. On Feb. 14, 2019, Farr was instructed to take a random drug test at work. She told the lab technician administering the test that she took CBD oil on...
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Olive Garden Sued for Condoning Discrimination

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Date11 Mar 2020
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An Olive Garden employee who made national headlines last week when a customer requested a white server has filed a lawsuit against the restaurant. The lawsuit stems back to an incident that occurred on Feb. 29. Amira Donahue, 16, was working her shift as a host at Olive Garden in Evansville. After she sat a customer at a table, the customer requested a white server instead of the server already assigned to the table. Both Donahue and the server are black. The manager granted the customer’s request and was later separated from the company. “We have zero tolerance for discrimination...
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Panda Express Sues Arizona Restaurant for Imitation

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Date10 Mar 2020
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Panda Restaurant Group has filed a lawsuit against Gilbert, Arizona restaurant, Panda Libre, claiming the dining establishment is trying to make the public believe that it’s affiliated with Panda Restaurant Group. Panda Libre is a locally owned, fast-casual restaurant serving Mexican and Asian fusion food, like burritos and tacos filled with orange chicken, sweet and tangy shrimp and bulgogi beef and teriyaki chicken. Paul Fan, the owner of Panda Libre, said he chose the name because of the word’s association with Asian and Mexican cultures. He opened the restaurant in early 2019 and registered the “Panda Libre” mark on May...
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Lawsuit Against School District for Rape on Bus

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Date10 Mar 2020
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The family members of a 14-year-old girl with developmental disabilities who was allegedly raped on a school bus have filed a lawsuit against the Fulton County School District in Georgia whose bus they say this happened. The lawsuit says the girl has “a sweet and innocent young child-like nature due to her cognitive and communicative deficiencies.” “She has and continues to have neurodevelopmental disabilities that impede and limit her physical and mental capabilities. Doe functions at a cognitive and communicative level far below her actual age.” According to the lawsuit, the sexual abuse began on April 4, 2019 when a...
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Former Police Secretary Sues for Sexual Harassment

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Date09 Mar 2020
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Justine Eisemann, a former secretary for a Belleville Police Department captain, has filed a lawsuit against the city, claiming she was sexually harassed by Captain John Moody and that leaders didn’t do anything to stop it. Eismann’s attorney, MaryAnne Quill, said that Eismann endured a hostile workplace and nothing was done about it. According to the lawsuit, Moody once served as a captain over the operations division. “Defendant Moody subjected Plaintiff to vulgar, humiliating, severe and pervasive harassment based upon her gender throughout her employment. His actions created a hostile working environment for Plaintiff,” the lawsuit alleges. “Defendant Moody sexually...
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Family of Former SMU Football Player Sue the NCAA

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Date06 Mar 2020
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The family members of John Thomas Davis, who was a lineman at Southern Methodist University from 1955-59, has filed a lawsuit against the National Collegiate Athletic Association, accusing the organization of not protecting him from the long-term effects of concussions. Davis was posthumously diagnosed with Stage IV Traumatic Encephalopathy and was diagnosed with Alzheimer’s in 2001. “The NCAA failed to initiate policies or rules necessary to protect John Thomas Davis in the face of long-standing and overwhelming evidence regarding the need to do so,” the lawsuit states. “We believe since the early 1900s the NCAA had sufficient information about the...
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U of Michigan Sued for Sexually Abusive Doctor

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Date05 Mar 2020
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A former wrestler at the University of Michigan has filed a lawsuit against the educational institution, alleging he was sexually abused by late athletic doctor, Robert Anderson. Attorney Mike Cox said he has filed the first of 11 planned federal lawsuits against the University of Michigan. “My 20 or so clients, who are all ‘Michigan men’ and bleed maize and blue, found out two weeks ago that weird acts by Dr. Anderson were in fact motivated by his deviant sexual desires, No. 1,” Cox said. “No. 2, that the University of Michigan foisted this sexual predator.” Most of the former...
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Apple Settles iPhone Slowdowns Lawsuit

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Date05 Mar 2020
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Apple will pay up to $500 million to settle a lawsuit that claims the company purposely slowed down certain iPhones to persuade customers to buy new ones. The settlement orders Apple to pay a minimum of $310 million and a maximum of $500 million. The money will go toward payments to former and current U.S. owners of Apple iPhone 6, 6 Plus, 6s, 6s Plus, 7, 7 Plus, and SE devices running iOS 10.2.1 (or later) and iOS 11.2 (or later). “For a release of their claims, Settlement Class Members will receive $25.00 for each iPhone owned, the amount of...
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ICE Sued for Illegally Detaining Immigrants

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Date04 Mar 2020
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The New York Civil Liberties Union (NYCLU) and Bronx Defenders have filed a class-action lawsuit against Immigration and Customs Enforcement, alleging they have jailed immigrants while they await their immigration hearings. “ICE has secretly decided to detain thousands of New Yorkers unlawfully, inflicting enormous and entirely unnecessary harms,” said Amy Belsher, a staff attorney at the NYCLU. When a person is arrested on a civil immigration offense, the law requires ICE officers to decide if they should be detained while waiting to see a judge. “The federal government’s sweeping detention dragnet means that people who pose no flight or safety...
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Sexual Predator Lawsuit Against Holland P.S.

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Date03 Mar 2020
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Five former students have filed a federal lawsuit against Holland Public Schools in Michigan, alleging school officials failed to protect them from a sexual predator. According to the lawsuit, five years before Jonathon King Meyer was arrested for sexually abusing male students, a student who heard about the abuse informed school officials and the officials ignored the complaint. Meyer, who was a youth group leader at Christ Memorial Church in Holland and a leader at Young Life, denied the student’s allegations. Meyer returned to his job as a lunchroom supervisor at Holland’s West Middle School. The suit claims that there...
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Inmates Sue Mississippi State Penitentiary

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Date27 Feb 2020
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A hundred and fifty inmates have filed a second lawsuit against Mississippi State Penitentiary in Parchman, alleging they have been denied adequate healthcare and have been fed contaminated food. The class-action lawsuit, funded by rapper Yo Gotti and Jay-Z’s Team Roc, was filed in the U.S. District Court in the Northern District of Mississippi. “The conditions of confinement at Parchman are so barbaric, the deprivation of health and mental health care so extreme, and the defects in security so severe, that the people confined at Parchman live a miserable and hopeless existence confronted daily by imminent risk of substantial harm...
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High School Sued for Barring Pro-Gun T-shirts

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Date26 Feb 2020
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The parents of two students at Kettle Moraine High School have filed a lawsuit against the school for banning their teenagers from wearing pro-gun t-shirts. The lawsuit says that the two students recently wore t-shirts, that had an image of a firearm in support of gun rights organizations, to school. “I got it because I like the shirt,” Robert Newhouse, a sophomore at Kettle Moraine High School said. “They’re really fun. It’s great to use to go hunting.” Robert said that guns have been part of his life for a long time and he enjoys learning about them from his...
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Inmates Sue Hamblen County Jail

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Date26 Feb 2020
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Four inmates have filed a lawsuit against Hamblen County Jailin in Tennesse, alleging they are forced to wear inadequate clothing and live in unsanitary conditions. The lawsuit highlights how crowded Hamblen County Jail is. The facility is supposed to hold 255 inmates, but there are currently 384 detained there. As a result, inmates are forced to sleep on thin mats placed on the floor without pillows. They have to sleep shoulder-to-shoulder in unsanitary spaces that lack ventilation. The suit also contends that the jail has a two-tiered criminal justice system. Inmates who can afford to pay bail are released right...
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Former Inmate Sues Ex-Guard for Sexual Assaults

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Date25 Feb 2020
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A former inmate at the Chillicothe Correctional Center has filed a lawsuit against ex-guard, Edward Bearden, alleging he sexually assaulted her more than 52 times. The woman was an inmate at the prison from May 2015 to November 2017 for a non-violent offense. She was accepted into the cosmetology program in October 2016 and was assigned to retrieve cleaning supplies from a storage closet. The lawsuit alleges that Bearden followed her into the closet and forced her to perform oral sex on him. The assaults continued while she was in the one-year cosmetology program. Bearden worked at the Chillicothe Correctional...
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Kobe’s Widow Sues Helicopter Operating Company

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Date25 Feb 2020
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Vanessa Bryant has filed a wrongful death lawsuit against the helicopter company that operated the helicopter that crashed last month that killed her husband, Kobe Bryant, her 13-yo daughter, and seven others. The lawsuit argues that pilot Ara Zobayan, who also died in the crash, didn’t use ordinary care in operating the subject aircraft. “Defendant Island Express Helicopters authorized, directed and/or permitted a flight with full knowledge that the subject helicopter was flying into unsafe weather conditions,” the suit claims. The lawsuit says that Kobe Bryant died “as a direct result of the negligent conduct of Zobayan” for which “the...
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NY Attorney General May Sue Over Taxi Fraud

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Date24 Feb 2020
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New York Attorney General Letitia James has threatened to file a lawsuit against New York City for allegedly inflating the value of yellow taxi medallions. The medallions are permits that are required for owning a yellow cab. James alleges that the city’s Taxi and Limousine Commission operated a scheme from 2004 to 2017 that artificially inflated prices of the medallions, which are auctioned off. The cost of the medallions increased from $283,300 in 2004 to $965,000 in 2014. James claims that Taxi and Limousine Commission, “-knew that the price of a medallion had exceeded its underlying value” by at least...
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California Settles Literacy Lawsuit for $53M

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Date24 Feb 2020
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A judge approved a settlement Thursday that says the state of California has to pay $53 million to improve literacy across the state. The settlement states that $100 million will go towards helping 75 low-performing elementary schools develop customized three-year literacy action plans. The remaining $3 million will be used for a literacy expert to help develop the state’s literacy action plan and identify where training is needed. Mark Rosenbaum, directing attorney at Public Counsel, which filed the lawsuit, said, “The right to read is not just the cornerstone of education, it is the cornerstone of our democracy. Without it,...
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Victims of Child Abuse and Neglect Sue for $25M

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Date21 Feb 2020
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Four victims of alleged child abuse and neglect have filed a $25 million lawsuit against a former Cape Coral couple and the Alabama Department of Human Resources. “My clients lived a daily nightmare because DHR workers failed to do their jobs and it is appalling that DHR allowed this to happen,” Tommy James, an attorney for the plaintiffs, said. “It is incomprehensible that this abuse went on for years right under the nose of DHR workers. They ignored clear and repeated signs of child abuse and neglect that resulted in emotional and physical consequences that my clients will live with...
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