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Girl Killed by Commercial Truck - Family Reacts
Breaking Legal News | 2007/01/19 14:14

Paul and D.J. Zweigle, who lost their beloved two-year-old daughter Lynnea when a Ford F-250 truck backed over and killed her, today called upon the automotive industry to install rear camera systems and sensors in commercial trucks and large vans, pickup trucks and SUVs to reduce the number of fatalities and injuries each year that result from backover crashes.

On the morning of November 8, 2005, Mrs. Zweigle was preparing to take her six year-old son, Kaleb, to his art class, along with her two other young children, four year-old Jacob and Lynnea who was twenty-two months-old. The children were playing in the open yard in front of the house and immediately adjacent to the driveway.

Mrs. Zweigle went inside to retrieve a blanket and sippy cup from the house. During that time, a driver from a local trash company, Double J Disposal, Inc., drove up the Zweigle’s driveway and loaded their trash into the back of his Ford F-250 pickup truck.

The truck had a significant blind zone and lacked a rear video camera or any other devices, such as sensors, to alert the driver to the presence of individuals immediately behind the truck.

While backing up to turn around and leave the driveway, the vehicle struck Lynnea, causing her to fall to the ground, and then continued to back up and run over her. Her brother, Kaleb, saw the accident occur and immediately began to scream. Mrs. Zweigle ran out of the house to find Lynnea’s body lying in the driveway. Lynnea Zweigle died in her driveway of massive cranial cerebral injuries.

"Lynnea was a happy child who loved life and playing with her older brothers. No compensation will ever remedy the pain and loss that our family has suffered from the death of our beloved daughter," stated Paul and D.J. Zweigle. "We wish to honor Lynnea by bringing to the public’s attention that scores of children each year across America are needlessly killed and injured in backover incidents."

In a report issued to Congress in November 2006 by the National Highway Traffic and Safety Administration (NHTSA), the agency estimated, relying on 1998 data, that backover crashes involving all vehicle types cause at least 183 fatalities annually, with many of victims being children. In addition, between 6,700 and 7,419 injuries result from backover crashes per year.

Based on its research, the non-profit organization KIDS AND CARS states that "every year, thousands of children are hurt or die because a driver backing up didn't see them." Most of the victims are less than two years old, and over 60% of the tragedies involved a larger size vehicle such a truck, van or SUV. While backover incidents can happen in any vehicle because all vehicles have a blind zone, KIDS AND CARS notes that larger vehicles tend to have larger blind zones.

"Several technologies exist which can help reduce backover accidents," stated Paul and D.J. Zweigle. "We call upon the automotive industry to make rear video cameras and sensors standard equipment on commercial trucks and large vans, pickups and SUVs to stop this national tragedy. Companies that have purchased these vehicles should immediately undertake measures to improve the safety of their vehicles."

In litigation against Double J Disposal, Inc., which was resolved in December 2006, the Zweigles asked the trash company to install a rear video camera system on all of their trucks. To date, the company has agreed to install a rear video camera on the vehicle that killed their beloved daughter and the family continues to seek additional safety measures. “We call upon Double J Disposal to install rear video camera systems or other backup safety devices on all of their trucks,” stated Paul Zweigle.

Wendy R. Fleishman, a partner at the national law firm of Lieff Cabraser Heimann & Bernstein, LLP, which represented the Zweigles, commented, "I applaud the Zweigles for their courage and determination to raise the public’s awareness of backover incidents involving children. If all companies agreed to install safety systems on all of their large vehicles, millions of children nationwide would no longer be at risk of being the victim of a backover crash."

“We know young children are impulsive and have poor or no appreciation of risks obvious to adults,” stated attorney Fabrice N. Vincent of Lieff Cabraser. “Every life is precious and automobile and truck makers, owners and operators should take action now to stop scores of toddlers from being killed year after year simply because they were in the blind zone of large vehicles.”

To learn more about the dangers of backover accidents and ways to avoid them, please visit www.kidsandcars.org or www.vehicle-injuries.com/backoveraccident.htm.



Robert Ney Sentenced to 30 Months in Prison
Breaking Legal News | 2007/01/19 11:08

WASHINGTON – Former Congressman Robert W. Ney has been sentenced to 30 months in prison to be followed by two years of supervised release and fined $6,000, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.

Ney, 52, was sentenced today in U.S. District Court for the District of Columbia, before Judge Ellen Segal Huvelle, who also ordered the defendant to serve 100 hours of community service for each year of supervised release.

Ney pleaded guilty on October 13, 2006, to a two-count information charging him with conspiracy to commit multiple offenses – including honest services fraud, making false statements, and violations of his former chief of staff’s one-year lobbying ban – and with making false statements to the U.S. House of Representatives. The named co-conspirators in the charges to which Ney pleaded guilty include Jack Abramoff, Michael Scanlon, Tony Rudy, and Ney’s former chief of staff Neil Volz. All have previously pleaded guilty in this investigation and are cooperating with law enforcement officials.

“Today’s sentence makes it clear that our government is not for sale. Former Congressman Ney now faces 30 months in prison for abusing his position of trust as a representative of the American people,” said Assistant Attorney General Fisher. “The Justice Department will continue to pursue and prosecute public officials who compromise the integrity of elected office for private benefit.”

“The foundation of good government rests on the leap of faith Americans take that our public officials act in our interests. When an elected official violates that faith through the illegal exploitation of public office for personal gain, confidence in government suffers,” said Assistant Director Chip Burrus of the Criminal Investigative Division, FBI. “Most public servants are law abiding and honest and I want to emphasize that point, but when an official chooses to sell his integrity as we see here today, the FBI stands ready to work with our partners and restore the confidence in government to which Americans are entitled.”

Ney was a Congressman representing the 18th District of Ohio from 1995 through the present. In 2001, Ney became chairman of the House Committee on Administration, a position he held until January 2006. Ney admitted that he engaged in a conspiracy beginning in approximately 2000 and continuing through April 2004, wherein he corruptly solicited and accepted a stream of things of value from Abramoff, Abramoff’s lobbyists, and a foreign businessman, in exchange for agreeing to take and taking official action to benefit Abramoff, his clients, and the foreign businessman.

Specifically, Ney admitted that he corruptly solicited and accepted things of value from Abramoff and his lobbyists – including international and domestic trips, meals and drinks, concert and sporting tickets and tens of thousands of dollars of campaign contributions and in-kind contributions such as free fundraisers – with the intent to be influenced and induced to take official actions. Ney admitted that the actions he agreed to take, and took, to benefit Abramoff, his lobbyists and their clients, included opposing legislation at Abramoff’s request, the insertion of statements into the Congressional Record at Scanlon’s request, and supporting an application of a license for a contract to install wireless telephone infrastructure in the House of Representatives.

Ney also admitted that he accepted tens of thousands of dollars worth of gambling chips from a foreign businessman who was hoping to sell U.S.-made airplanes and airplane parts in a foreign country. Ney agreed to help the businessman with obtaining an exemption to the U.S. laws prohibiting the sale of these goods to the foreign country and with obtaining a visa to travel to the United States. Ney also admitted conspiring to aid and abet violations of the federal one-year lobbying ban by his former chief of staff Neil Volz. This case was prosecuted by Trial Attorneys Mary K. Butler, M. Kendall Day and James A. Crowell IV of the Public Integrity Section. The case was investigated by a task force of federal agents including special agents of the Federal Bureau of Investigation, the Department of the Interior Office of the Inspector General, the General Services Administration Office of the Inspector General, and the Criminal Investigation branch of the Internal Revenue Service. The investigation has received assistance from the U.S. Attorney’s Office for the Southern District of Florida. The broader investigation into the lobbying activities of Jack Abramoff is being conducted by federal agents from the above-named agencies as well as prosecutors in the Public Integrity and Fraud Sections of the Criminal Division and prosecutors in the Criminal Tax Section of the Tax Division.



Family sues radio station over Wii death
Breaking Legal News | 2007/01/19 05:24

The family of a California woman who died after participating in a radio station's water-drinking contest to win a Nintendo Wii will sue the station, their lawyer said on Thursday.

Jennifer Strange, 28, a mother of three, died from suspected water intoxication after taking part in last Friday's competition, 'Hold Your Wee for a Wii'. About 20 people tried to out-drink each other without going to the toilet.

Sacramento station KDND-FM responded by sacking ten members of staff, including several DJs, and cancelling the 'Morning Rave' programme. The DJs had joked about people dying from water intoxication and teased Strange about her distended stomach.

"The station knew this was a dangerous and potentially deadly stunt, but flippantly dismissed the dangers," lawyer Roger Dreyer said in a statement. "Hearing the tape [of the radio show], it's very clear they knew of the dangers and could foresee that this could lead to Jennifer's death."

The station could not be reached for comment because its phone number was continuously engaged on Thursday evening.

Police are also investigating the death for possible criminal charges.

An excess of water in the body can lead to the dilution of vital fluids. That in turn can lead to swelling of the brain, seizures, comas, an irregular heartbeat and in some cases death.



Supreme Court allows deportation for aiding car theft
Breaking Legal News | 2007/01/18 11:52
The US Supreme Court ruled Wednesday that an alien convicted for aiding and abetting a theft offense can be deported under the Immigration and Nationality Act (INA). In Gonzales v. Duenas-Alvarez, Luis Alexander Duenas-Alvarez, a legal permanent resident, pleaded guilty to the unlawful driving or taking of a vehicle in violation of California law - Cal. Veh. Code Ann. §10851(a) - and the Department of Homeland Security took steps to remove him from the country under the INA, specifically under 8 USC §1101(a)(43)(G). The immigration judge hearing the case and the Board of Immigration Appeals dismissed Duenas-Alvarez's appeal, but the US Court of Appeals for the Ninth Circuit disagreed in light of its recent decision in Penuliar v. Ashcroft, where the Ninth Circuit held that violating §10851(a) of the California Vehicle Code is not a theft offense under the INA.


Bush urged Congress to pass the Nondiscrimination Act
Breaking Legal News | 2007/01/18 04:57

President Bush Wednesday urged Congress to pass the Genetic Information Nondiscrimination Act of 2007, promoting genetic testing for disease by making genetic discrimination illegal. In a speech at the National Institutes of Health, Bush said "If a person is willing to share his or her genetic information, it is important that that information not be exploited in improper ways - and Congress can pass good legislation to prevent that from happening. In other words, we want medical research to go forward without an individual fearing of personal discrimination."

Genetic nondiscrimination legislation was passed unanimously by the Senate in 2003 but failed in the House of Representatives. Representative Louise Slaughter (D-NY) reintroduced the latest bill this week. If passed, it will establish "a national and uniform basic standard is necessary to fully protect the public from discrimination and allay their concerns about the potential for discrimination, thereby allowing individuals to take advantage of genetic testing , technologies, research, and new therapies."



N.J. appeals court reinstates Vioxx lawsuit
Breaking Legal News | 2007/01/17 16:34

A New Jersey appeals court has revived a lawsuit that sought to force drugmaker Merck & Co. Inc. to fund a medical monitoring program for patients who took the painkiller Vioxx. The state appellate court ruled on Tuesday that N.J. Superior Court Judge Carol Higbee's decision to dismiss the lawsuit was premature and failed to give the plaintiffs the opportunity to prove legally accepted claims.
 
The appeals court said in a 26-page opinion that it was not expressing an opinion on the ultimate viability of the lawsuit. Plaintiffs in the case sought a court-administered medical screening program, funded by Merck (Charts), that would provide medical and diagnostic tests for each member of the class to detect potential heart problems arising from exposure to Vioxx.

"There is no medical science supporting the plaintiffs' position that they need to be monitored for cardiovascular conditions two years after Vioxx was voluntarily taken off the market," Merck attorney Ted Mayer said in an e-mailed statement.



Top Manhattan law firm in gay lawsuit
Breaking Legal News | 2007/01/17 13:37

One of New York's most prestigious law firms is being sued for discrimination on the grounds of sexual orientation by one of their own lawyers.

28-year-old associate Aaron B Charney says in his suit that senior colleagues subjected him to "lewd and illegal conduct," The New York Times reports.

Sullivan & Cromwell, founded in 1879, is one of America's best known - and profitable - law firms.

It is particularly reknowned for its work on mergers and acquisitions, and it is this department that is the focus of the lawsuit.

While secretarial and other staff have sued law firms in the past for harassment, as an associate lawyer in his fourth year at the firm, Mr Charney is an unusual claimant.

The legal action could have a negative impact on his future career.

"The day I derailed my career was the day I complained about the discrimination," he told the Times.

He added that he will be representing himself in court as no other lawyer is willing to take on Sullivan & Cromwell.

Mr Charney wants a jury trial and is asking for undisclosed damages.

He alleges that he was the victim of discrimination and retaliation.

A senior colleague accused him of having a sexual relationship with a fellow employee and demanded he be fired. Mr Charney denies the relationship was sexual.

His boss also alluded to the alleged relationship, telling Mr Charney to put an end to it. He also alleges he was subject to sexually suggestive behaviour by partners.

The chairman of Sullivan & Maxwell released an email statement to The New York Times denying the accusations.



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