lawsuits Archive
Riddle: When is your Sugar Daddy your Daddy, too?
February 6th, 2012. By AbiK
“Sugar Daddy – noun; a well-to-do usually older man who supports or spends lavishly on a mistress, girlfriend, or boyfriend.”
As per Merriam-Webster. And as in, “She’s on the lookout for a new sugar daddy.” That’s the definition—so see if the shoe fits as you read on, then try to answer the riddle: When is your Sugar Daddy your Daddy, too?…
Aside from the natural questions that arise from such an arrangement (e.g., Is Goodman technically romantically involved with his child? Can he be charged with incest should he now have “sexual relations” with Hutchins? Would his biological children be aunts or uncles to any child he might have with Hutchins? If Carroll Goodman (John’s ex-wife) has a birthday party for her son or daughter—will she feel an odd obligation to invite their new sister?), one can’t help but raise a suspicious eyebrow as to the motive here. Why—WHY?—would a man of seemingly healthy mind—allegations of cocaine use aside—want to adopt his 42-year old girlfriend? And, of course, that leads us to the backstory…
In 2010, Goodman was in a car accident for which was he charged with DUI—or more specifically, DUI manslaughter, vehicular homicide and leaving the scene of an accident. The manslaughter and homicide parts come from the nature of the accident—Goodman allegedly blew through a stop sign and ran into another car. Scott Patrick Wilson was in that other car and he tragically lost his life as a result. (Wilson’s parents have filed a civil suit).
Goodman goes to trial on March 6 for those criminal charges—and he stands to get up to 30 years in prison if he’s convicted. The civil trial is set for March 27.
But a funny thing happened on the way to the trial: Goodman adopted a daughter!
Yes—Five…months…before…his…trial. Raise that eyebrow and turn your glance to the money trail.
It’s a little tricky, but Goodman had apparently set up a trust for his two minor children. If the Wilson’s were to win their civil suit, they would not be able to touch the money in the trust. But Goodman could lose a substantial amount of money he has that’s not in trust—and if so, he’d be unable to touch the money that’s in trust for his kids because that money is reportedly tied up until the kids are 35 years of age.
Ahh…but if he adopts a 42-year old—since she’s over 35—and she goes on the trust as well, then she can access one-third of that money which would mean HE can access that money, too! “Genius!” he must’ve thought. (Wonder if he thought about how much he might be pissing off his real kids once they get a drift of the situation…)
And that’s what has the legal world abuzz right now—is this a surefire move to ‘beat the system’? Will it work? Will the adoption hold up in court as legit?
And does it even matter given that the court of public opinion has basically already lambasted Goodman and his apparently integrity-lacking girlfriend? If it was a ‘genious’ legal move—which has yet to be seen—it was a disastrous PR move—a young man dead as a result of alleged DUI, two young children pulled into some weird financial and familial threesome…
It’s a riddle for sure. But the answer to “When is your Sugar Daddy your Daddy, too?” is…
Clearly, when it’s John Goodman.
Week Adjourned: 2.3.12
February 4th, 2012. By LucyC
Top Class Actions
Write this one up…The Hearst Corporation got hit with an employment lawsuit this week.
The Hearst lawsuit claims that the publishing giant illegally employs hundreds of unpaid interns in violation of federal and state labor laws, according to a newly filed employment class action complaint. Specifically, the lawsuit, filed on behalf of a former Harper’s Bazaar intern—Xuedan Wang, of Brooklyn, N.Y., accuses Hearst of paying interns no compensation for the work they perform, including minimum or overtime wages, and committing recordkeeping violations in violation of the federal Fair Labor Standards Act and the New York Labor Law. Wang alleges that she regularly worked more than 40 hours per week, and sometimes as many as 55 hours per week (had she not seen “The Devil Wears Prada“?) , without compensation while at Harper’s Bazaar in 2011.
Lawyers representing the plaintiff state that unpaid interns are becoming the modern-day equivalent of entry-level employees, except that employers are not paying them for the many hours they work. The practice of classifying employees as ‘interns’ to avoid paying wages runs afoul of federal and state wage and hour laws. (Btw, if this sounds familiar, it is—we reported on the Black Swan movie production unpaid interns complaint a while back.)
The lawsuit seeks class action certification to recover unpaid wages, overtime pay, liquidated damages, interest and attorneys’ fees for unpaid interns who worked for Hearst between February 1, 2006 and the date of a final judgment. So, it’s been going on for a while.
Time to Foreclose on Dodgy Foreclosures. At least that’s what 16 Nevadans and fellow potential class members are aiming for. They filed a foreclosure class action lawsuit against five companies hired by banks and lenders to handle the foreclosures on properties owned by the plaintiffs and against one additional defendant who purchased property through the foreclosure process. The case was filed as a class action lawsuit because it is estimated that there are thousands of potential plaintiffs who were victims of these foreclosure companies.
The defendants named in the Nevada foreclosure class action lawsuit are: Quality Loan Service Corporation; Appleton Properties, LLC; MTC Financial, Inc. dba Trustee Corps; Meridian Foreclosure Service dba MTDS, Inc. dba Meridian Trust Deed Service; National Default Servicing Corporation; and California Reconveyance Company. Ringing any bells?
The specific allegations include illegal debt collection activities and deceptive trade practices by the defendants against the plaintiffs during the foreclosure process as the defendants were not licensed or registered in the State of Nevada to carry out the foreclosure process.
The plaintiffs are Nevadans who not only lost their houses in one of the hardest hit real estate markets, but were also adversely affected by foreclosure companies that did not follow the law during the foreclosure process.
The lawsuit alleges that the debt collection activities of the defendants are and/or were illegal and improper because each of the defendants did not hold a license to engage in debt collection activities in the State of Nevada and each also failed to register as a foreign debt collection agency with the Nevada Financial Institutions Division.
The illegal and improper debt collection activities include the issuance of debt-related notices, demands, collection communications and/or foreclosure sales and processes. In addition, the plaintiffs also claim deceptive trade practices, consumer fraud, unjust enrichment, trespass, quiet title and in two instances, elder abuse.
Plaintiffs are asking for compensatory and consequential damages in excess to $10,000, disgorgement of any amounts paid to defendants for their respective illegal and improper debt collection activities, attorney’s fees and injunctive relief.
Go get’em and good luck!
Top Settlements
$200M Motorola Proposed Settlement. A $200 million settlement has been reached with Motorola Solutions Inc, bringing to an end a securities lawsuit filed in 2007 by company shareholders. Motorola has denied any wrongdoing.
The securities lawsuit alleged the electronics manufacturer had artificially inflated its stock by making misrepresentations about the company’s projected revenues for the third and fourth quarters of 2006.
Lead plaintiffs in the lawsuit are Macomb County Employees’ Retirement System and St. Clair Shores Police and Fire Pension System.
Lawyers representing all plaintiffs said the settlement represents an extraordinary recovery for investors in a case where there was no financial restatement or (Securities and Exchange Commission) investigation.
If you were a Motorola shareholder between July 19, 2006, and January 4, 2007, you may be eligible for a recovery.
According to the terms of the Motorola proposed settlement, the plaintiffs’ attorneys are seeking fees of 27.5 percent of the settlement, or $55 million, and expenses of up to $4.95 million.
OK—they’re buying—that’s a wrap for this week. See you at the bar!
Asbestos News Roundup: 2.2.12
February 2nd, 2012. By LucyC
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
Asbestos Lawsuits
Charleston, WV: A couple from Ohio has filed an asbestos lawsuit naming 62 companies as defendants. The Sheltons claim the companies are responsible for Mr. Larry E. Shelton’s mesothelioma diagnosis.
Larry E. Shelton was diagnosed with asbestos mesothelioma on November 18, 2011. In his lawsuit, Shelton alleges he was exposed to asbestos during his career as a bricklayer, laborer and roofer between 1964 and 1993.
Shelton claims the defendants knew or should have known of the dangers of associated with asbestos exposure and that the defendants failed to warn him of those dangers.
According to the lawsuit, the defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.
The 62 companies named as defendants are: 3M Company; A.K. Steel Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; Allied Chemical Corporation; Amdura Corporation; Atlas Turner, Inc.; Bucyrus International, Inc.; Bechtel Corporation; Catalytic Construction Company; Caterpillar, Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Elliott Company; Flowserve FSD Corporation; FMC Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Georgia Pacific Corporation; Goulds Pumps, Inc.; Hercules, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; NACCO Materials Handling Group, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pettibone/Traverse Lift, LLC; Premier Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automations, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (US) LLC; Sunbeam Corporation; Tasco Insulations, Inc.; The F.D. Lawrence Electric Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; West Virginia State Electric Supply Company; and Yale Materials Handling Corporation. (wvrecord.com)
Charleston, WV: George L. Rawson Sr, and his wife are suing 80 companies they claim are responsible for Mr. Rawson’s lung cancer diagnosis.
Rawson Sr. was diagnosed with asbestos-related lung cancer on January 15, 2010, according to the lawsuit. Rawson alleges that between 1964 and 1997 he was exposed to asbestos through his work as a laborer.
The defendant companies are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit.
The 80 companies named as defendants are: A.W. Chesterton Company, Inc.; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Bridge Company; Armstrong International, Inc.; Aurora Pump Company; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Catalytic Construction Company; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Company; Fairmont Supply Company; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Geo. V. Hamilton, Inc.; Gordon Gasket & Packing Co.; Goulds Pumps; Graybar Electric Company, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International; Honeywell, Inc.; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; John Crane, Inc.; Lockheed Martin Corporation; Mallinckrodt; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering Systems, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Swindell Dressier International Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; The Gage Company; The Rust Engineering Company; The Sager Corporation; The William Powell Company; Thiem Corp.; UB West Virginia, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Warren Pumps, Inc.; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)
Charleston, WV: Sixty companies have been named as defendants in an asbestos lawsuit filed by the widow of the late Jimmy Dale Phillips. In her lawsuit, Barbara Phillips claims the defendants are responsible for Read the rest of this entry »
Top 10 Drugs with Heart Side Effects on LawyersandSettlements.com
January 31st, 2012. By AbiK
In recognition of American Heart Month, which kicks off tomorrow (Feb. 1st), and National Wear Red Day (Feb. 3rd), LawyersandSettlements.com takes a look at our most-viewed drug lawsuit topics for 2011 in which heart attack or heart side effects were the alleged primary injuries.
Unfortunately, while a lot of focus this month will be on the positive measures we all can take to improve heart health—and that’s certainly important—it can be easy to overlook the negative heart side effects some drugs can have—and attention should be given to those as well.
As the chart at left depicts, Actos, Paxil and Zoloft accounted for the majority of 2011 traffic related to heart side effects, with Actos receiving the most at 25 percent. The Type 2 diabetes drug was released as an alternative to Avandia, which as you’ll recall came off pharmacy shelves as a result of the new FDA REMS program that became effective in November, 2011. Still, Avandia came in as the fourth most popular heart lawsuit topic.
Paxil, the popular antidepressant, has been linked to heart birth defects in infants and the drug drove in 18 percent of traffic last year. Ditto Zoloft, which accounted for 10 percent of the pageviews among readers concerned over the potential for heart birth defects.
The ten prescription drugs on the list fall into four distinct classes: Actos and Avandia are prescribed for the treatment of Type 2 Diabetes; Vytorin helps to control cholesterol, which has a direct impact on heart health; Trasylol is used during surgery to mitigate blood loss; the remaining drugs address depression and anxiety.
Reader interest in Prozac, Lexapro, Effexor, Celexa, Zoloft and Paxil shows continued concern surrounding pregnant women using selective serotonin reuptake inhibitors (SSRI) drugs and potential heart birth defects.
Here’s the full list:
Top 10 Drug Lawsuit Topics for Heart Side Effects in 2011
- Actos (Pioglitazone HCl)
- Paxil (Paroxetine)*
- Zoloft (Sertraline)*
- Avandia (Rosiglitazone)
- Celexa (Citalopram)*
- Effexor (Venlafaxine)*
- Lexapro (Escitalopram)*
- Prozac (Fluoxetine)
- Trasylol (Aprotinin)
- Vytorin (Ezetimibe/Simvastatin)
*SNRI (serotonin-norephinephrine reuptake inhibitor) or SSRI (selective serotonin reuptake inhibitors) drugs associated with heart birth defects when taken during pregnancy
Week Adjourned: 1.27.12
January 27th, 2012. By LucyC
Top Class Actions
Ex Pro Football Players go head to head with NFL Over Concussions. Yup—that’s right. The NFL is facing a class action lawsuit filed on behalf of all former NFL players, including seven named players and four spouses over concussion and related health effects.
The named players include former Philadelphia Eagles Ron Solt, Joe Panos, and Rich Miano. The lawsuit charges that the NFL and other defendants intentionally and fraudulently misrepresented and/or concealed medical evidence about the short- and long-term risks regarding repetitive traumatic brain injury and concussions and failed to warn players that they risked permanent brain damage if they returned to play too soon after sustaining a concussion.
Ron Solt, age 50, was an all-star guard for the Eagles from 1988 to 1991 and also played for the Indianapolis Colts, playing 10 seasons in all from 1984 to 1993. He suffered at least one concussion during an NFL game while with the Eagles, as well as multiple head traumas and concussions during practice that were never medically diagnosed. He now suffers from substantial memory loss and persistent ringing in his ears.
Joe Panos, age 41, played as an offensive lineman in the NFL from 1994 to 2000 and was with the Eagles from 1994 to 1997. He sustained concussions while with the Eagles and Buffalo Bills. He currently experiences headaches, memory loss, irritability, rage, mood swings, and sleeplessness.
Rich Miano, age 49, played as a defensive back for 10 seasons in the NFL between 1985 and 1995 and was with the Eagles from 1991 to 1994. He is now associate head coach of the University of Hawaii football team. He sustained at least one concussion while playing but is currently asymptomatic.
Gennaro DiNapoli, age 36, was an NFL center and guard from 1998 to 2004 who sustained repeated head impacts during his NFL career. He suffers from severe depression, memory loss, headaches, anxiety and mood swings.
Adam Haayer, age 34, was an offensive lineman from 2001 to 2006 for four teams. He had at least four concussions or concussion-like symptoms and deals with memory loss, depression, and anxiety. Daniel Buenning, age 30, played as an offensive lineman in the NFL for four seasons from 2005 to 2008. He suffers from substantial memory loss, depression, trouble with concentration, short attention span, and mood swings.
Craig Heimburger, age 34, played on the offensive line for four teams between 1999 and 2002. He sustained multiple head impacts and concussions and suffers from dizziness, memory loss, and intense headaches.
Also named in the complaints were the wives of several players including Lori Miano, Summer Haayer, Ashley Buenning and Dawn Heimburger.
Lawyers representing the plaintiffs said this action is necessary because the NFL knew about the debilitating and permanent effects of head injuries and concussions that regularly occur among professional players, yet ignored and actively concealed the risks.
The lawsuit charges that the NFL voluntarily joined the scientific research as well as public and private discussions regarding the relationship between concussions and brain impairment when it created the Mild Traumatic Brain Injury (MTBI) Committee in 1994. Rather than naming a noted neurologist to chair this committee, it appointed Dr. Elliott Pellman, a rheumatologist who was a paid physician and trainer for the New York Jets, a conflict of interest, and had training in the treatment of joints and muscles, not head injuries. While the committee was established with the stated purpose of researching and lessening the impact of concussions on NFL players, it failed to inform them of the true risks associated with head trauma.
Although athletes who suffered brain trauma in other professional sports were restricted from playing full games or even seasons, NFL players with similar head injuries were regularly returned to play with devastating consequences.
The lawsuit seeks medical monitoring, compensation, and financial recovery for the short-term, long-term, and chronic injuries, financial and intangible losses, and expenses for the individual former and present NFL players and their spouses.
What can I say—it’s a wake-up call a long time in the making.
Top Settlements
Wonder if Payless texted this piece of news…A proposed settlement (the “Settlement Agreement”) has been reached in the class action lawsuit against Payless ShoeSource, Inc. (“Payless” or “Defendant”). You may be a Member of the Settlement Class and might be eligible to receive a merchandise certificate worth up to $25 if you are a person who received one or more text messages promoting Payless products between October 29, 2005 and October 4, 2010. If you are a Settlement Class Member and the Court gives final approval to the Settlement Agreement:
You may be entitled to receive a $25 merchandise certificate (a “Settlement Payment”) or a lesser pro rata amount if the total of all claims exceeds $6,000,000.
If you are a Settlement Class Member and would like to receive your Settlement Payment, you must submit a Claim Form, either through the mail or by filling out a claim form on the claims administrator’s website. You will be giving up legal claims against Defendant and other related entities. Your claim must be submitted or postmarked no later than February 6, 2012. To find out more about the terms of the settlement and how to qualify or be excluded—visit paylesstextsettlement.com.
One could argue this lawsuit went into overtime… but it looks like a happy ending… for the employees that is. An announcement this week—that Novartis Pharmaceuticals Corporation (NPC) has agreed to pay $99 million to settle a nationwide wage and hour class action brought by 7000 Novartis sales reps who allege NPC reps weren’t paid overtime.
The case has been working its way through the courts since 2006, and stems from claims that the sales reps don’t qualify as “outside sales” employees which would make them exempt from overtime pay. This issue has been the source of several wage and hour class actions brought by pharma sales reps from different companies who have alleged that Fair Labor Standards Act exemptions don’t apply to them.
Ok—That’s a wrap for this week. See you at the bar!
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