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China gymnast's US lawsuit risks tainting image
Breaking Legal News |
2011/05/12 08:47
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Thirteen years after a training accident left her paralyzed and ended her career as a world-class gymnast, China's Sang Lan has filed a lawsuit in the United States, one that threatens to tarnish her carefully maintained reputation for resilience at home. The $1.8-billion suit targets everyone — from Ted Turner, who founded the Goodwill Games where the accident happened in 1998 in New York, to the former AOL Time Warner Inc. media company, which owned the games, to USA Gymnastics, which supported the event, to the couple who were her guardians in New York. It says they broke promises to care for Sang, then 17 and paralyzed from the chest down ever since. The suit is an unexpected turn for Sang, whose sweet smile and upbeat nature earned her many supporters in China and who became a symbol of determination and courage in the face of a devastating injury. Returning home in 1999, she received a hero's welcome, with officials calling her "the pride of all Chinese." Since then, she has used her fame to advocate for the disabled. Sang says her public image and the lawsuit are separate affairs, and she thinks it's more important to set the record straight about the circumstances surrounding her fall. "At that time, people said that Sang Lan herself lost control and made the mistake that caused her to fall," Sang, now 29, said during an interview Wednesday in her two-bedroom apartment in northeast Beijing, where Beijing Olympics memorabilia decorate the shelves. She says she fell because she was distracted by someone who moved a mat while she was in mid-air. |
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TVA wins another round against coal ash lawsuits
Class Action |
2011/05/11 08:47
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The Tennessee Valley Authority has won another victory in its court fight against lawsuits seeking damages in the Kingston, Tenn., plant coal ash spill. U.S. District Judge Thomas Varlan in a ruling Tuesday said no to plaintiff attorneys seeking to join the suits in a class action. The judge in Knoxville agreed with a magistrate's January recommendation. A Dec. 22, 2008 dam breach spilled 5.4 million cubic yards of toxin-laden sludge in the Emory River and on land beside the plant west of Knoxville in Roane County. TVA spokeswoman Barbara Martocci said Wednesday that TVA was "pleased" with the ruling. Plaintiff attorneys did not return telephone messages seeking comment. |
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Further Class Action Lawsuits Filed for Depakote Side Effects
Class Action |
2011/05/09 09:10
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The Consumer Justice Foundation, a free online resource for those who are struggling with legal or personal injury issues in relation to insurance companies and/or large corporations, hereby announces that Depakote class action lawsuits have been filed by plaintiffs in St. Clair County, Illinois against the manufacturer of Depakote, Abbott Laboratories. These Depakote lawsuits, which carry the case numbers of St. Clair County Circuit Court Case No. 10-L-651 and St. Clair County Circuit Court Case No. 11-L-143, respectively, seek damages for the classes of plaintiffs that would be used to compensate them for medical expenses incurred and future costs that will be incurred in caring for those who have been harmed as a result of using Depakote.
The Depakote class action lawsuits mentioned above involve claims regarding pregnant mothers who used Depakote while pregnant. Depakote is generally used by people in order to help them treat the symptoms of seizure disorders that include migraine headaches, epilepsy and the manic episodes associated with bipolar disorder.
Unfortunately, parents around the United States have claimed that using Depakote while pregnant can lead to the possibility of children of mothers who used this medication while pregnant being born with severe birth defects. Examples of these alleged Depakote birth defects have included spina bifida, neural tube malformations, heart defects and brain defects.
The lawsuits that have been filed against Abbott Laboratories claim that the company knew of the risks of the use of one specific active ingredient, known as valproic acid and its tendency to raise the risk of birth defects developing in children of mothers who ingested this substance during the early stages of a pregnancy.
These Depakote class action lawsuits further claim that Abbott Laboratories misled doctors and the public in general by downplaying these known risks, and that this downplaying of these potential risks led to the harm suffered by the children who were born with these birth defects. Plaintiffs in these Depakote class action lawsuits are seeking compensation for medical expenses and future costs of care.
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Together, Phoebe and Tyler alerted us to a crisis
Court Watch |
2011/05/09 07:10
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Phoebe Prince was a recently arrived Irish immigrant, 15 and emotionally fragile, when high school bullying over two boys she dated apparently drove her to hang herself with a scarf in her Massachusetts home.
Tyler Clementi was an 18-year-old violinist with a bright future. He jumped off the George Washington Bridge into the Hudson River after his roommate at Rutgers University allegedly used a webcam to spy on his same-sex liaison.
They never met each other, but together their ordeals put a spotlight on the harm caused by bullying and helped strengthen laws to crack down on what had until then been treated as a rite of adolescence.
"This prosecution has also shattered the myths that bullying is just part of growing up, that it affects only a small number of kids, and that kids can work it out themselves," said David Sullivan, a prosecutor in the Prince case. "The era of turning a blind eye to bullying and harassment is over."
Last week, five teenagers charged in the Prince case admitted in court that they participated in her bullying. In plea deals with prosecutors, they received probation and were ordered to perform community service. If they successfully complete their probation, the charges will be dropped. A statutory rape charge against a sixth teenager was dropped.
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Megabus driver charged in NY crash that killed 4
Court Watch |
2011/05/09 02:10
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The driver of a double-decker Megabus that smashed into a low bridge in upstate New York in September, killing four passengers, has been charged with criminally negligent homicide.
John Tomaszewski pleaded not guilty Monday. He made a wrong turn off an interstate highway late at night near Syracuse, and the 13-foot-1-inch-tall bus failed to clear the railroad bridge's 10-foot-9-inch span.
The Philadelphia-to-Toronto bus was carrying 29 people, including the driver, when it crashed Sept. 11 on the Onondaga Lakeside Parkway in Salina.
After months of review, a grand jury decided to indict him on four counts of criminally negligent homicide plus one count of failing to obey a traffic control device.
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Courts nationwide hold hearings with video
Law Center |
2011/05/08 09:11
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George Villanueva, charged with first-degree murder in the death of an NYPD officer, will not leave jail for months of pretrial hearings.
Instead, he'll be beamed into the courtroom via video as lawyers discuss his case in front of the judge.
Villanueva's case is part of a surge in court appearances done by video in New York and around the country, as cash-strapped communities look for ways to boost efficiency and cut costs. The tools are used in courts large and small, and the savings for some are staggering: $30 million in Pennsylvania so far, $600,000 in Georgia, and $50,000 per year in transportation costs in Ohio.
"We've had to trim our spending wherever we can and still provide what we think is effective constitutional justice, and we're doing that with the help of modern technology," said Pennsylvania State Supreme Court Justice Ronald D. Castille.
Advocates say the virtual hearing is easier on defendants, who don't have to get up at 4 a.m. to be shuttled with other criminal suspects to court, only to wait hours standing and handcuffed for an appearance. Judges say their cases are moving faster. And civil liberties groups say the practice raises no red flags.
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Calif Supreme Court lifts tobacco suit deadlines
Breaking Legal News |
2011/05/06 04:33
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The California Supreme Court has lifted legal deadlines for smokers who later develop diseases like lung cancer.
Lawyers who filed the lawsuit say Thursday's unanimous ruling in San Francisco will likely allow new smoker suits to be filed against the tobacco industry and keep alive lawsuits that may have been thrown out because of expired legal deadlines.
The case before the court involved former smoker Nikki Pooshs, who was diagnosed in 1989 with smoking-related chronic obstructive pulmonary disease in 1989 and a couple of years later with periodontal disease.
But Pooshs didn't sue the tobacco industry until she was diagnosed with lung cancer in 2003.
Cigarette makers argued the suit should be dismissed because California law gives people two years to file suit after discovery of an injury.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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