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Wednesday, February 19 2020 |
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The family of a teenage girl who stole a police vehicle is suing the sheriff's office for failure to keep her safe while she was in protective custody.
According to news reports, Samaria Gray, sixteen years old at the time, was intoxicated and wandering the streets. Her mother, Georgina Pierce, had contacted the police and a sheriff's deputy found Samaria asleep on the side of the road, placing her in protective custody in the back seat of his patrol car. While the sheriff's deputy went up to the home to speak with her mother, Samaria got into the front seat and drove off. Before crashing the vehicle into a ravine, Samaria sped through the streets, hitting three cars, resulting in injuries to herself and one other driver.
The complaint charges that the sheriff's office had a duty to train the officer to secure his vehicle and not leave the keys in the ignition. The family is seeking an unspecified amount of damages for Samaria and her mother, including attorneys fees and litigation costs. In the lawsuit, the family alleges negligent infliction of emotional distress, loss of consortium and negligence resulting in personal injury/battery.
Samaria was charged with unlawful taking of a vehicle, aggravated DWI with bodily injury, reckless driving and no driver's license. She pled no contest to some of the charges and was sentenced to a term of probation not to exceed one year. San Juan County argues that it is not liable for the actions of the plaintiff.
—Source: daily-times.com |
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Thursday, February 13 2020 |
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A radio show host and known Christian activist is reportedly searching for an attorney to take on his potential class action lawsuit against the NFL, Pepsi and his local cable company for the Super Bowl's 15-minute half-time show that put him "in danger of hellfire."
Dave Daubenmire says he was offended by the skimpy outfits, crotch shots and gyrating of J-Lo and Shakira during the half-time show, turning off the show because he didn't want to "let the spirit in my house." Daubenmire allegedly took to Facebook to ask for a lawyer to help him file a lawsuit for "pandering pornography" and "contributing to the delinquency of a minor."
"I tuned in to watch a football game. I didn't tune in to watch a porn show," Daubenmire said.
—Source: si.com |
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Wednesday, February 05 2020 |
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A Florida District Court judge has tossed out a lawsuit seeking class action status in a case against liquor giant Bacardi on the grounds that federal law preempted the 150-year-old state statute relied upon by the plaintiff.
In an effort to attain class action certification and damages, the case filed against Bacardi alleged that under Florida’s antiquated law the alcohol sold by Bacardi was adulterated and thereby worthless and illegal. The 150-year-old law in question stated:
562.455 Adulterating liquor; penalty. – Whoever adulterates, for the purpose of sale, any liquor, used or intended for drink, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, and whoever knowingly sells any liquor so adulterated, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In seeking a dismissal, Bacardi countered that, since the state law was passed, grains of paradise have been recognized as part of the FDA’s list of safe (GRAS) ingredients, thus preempting the Florida law.
In dismissing the case with prejudice the court noted: “Numerous class actions have greatly benefited society such as Brown v. Board of Education, In re Exxon Valdez, and In re Agent Orange Product Liability Litigation. This is not one of those class actions.”
The Court also rebutted plaintiff’s assertion that his claims are not preempted because the Twenty-First Amendment grants states the right to regulate alcohol.
—Source: Lexblog.com |
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Thursday, January 30 2020 |
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Pharmaceutical giant Johnson & Johnson has agreed to pay up to $6.3 million to settle a class-action lawsuit claiming that its Infants’ Tylenol was deceptively packaged as being uniquely formulated for babies.
According to the lawsuit, the marketing of the product with its use of the word "infants" and a photo of a mother holding a baby allegedly caused consumers to believe the medicine was made especially for infants. The lawsuit claimed that the Infants’ Tylenol contains liquid acetaminophen in the same concentration as Children’s Tylenol.
According to the settlement, U.S. residents who claim to have purchased Infants' Tylenol between October 3, 2014 and January 6, 2020, can file a request form seeking a partial refund of $2.15 per bottle, up to seven bottles. No proof of purchase is required for a refund of up to $15.05; claimants seeking more refunds must submit proof of purchase.
—Source: wect.com |
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Tuesday, January 21 2020 |
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A former baseball player lost his suit against the New York Yankees and now is suing the Cincinnati Reds and a North Carolina training complex.
Garrison Lassiter, a baseball prospect who reportedly never played above High-A ball, sued the Yankees for $34 million, claiming Yankees' legend Derek Jeter derailed his baseball career because he was afraid of the competition. Lassiter alleged that it was “blantanly (sic) obvious” that Jeter controlled the Yankees organization, and he insisted Yankees employees libeled and slandered him to other teams, preventing him from reaching the major leagues. Lassiter's lawsuit, alleging conspiracy between the Yankees and Jeter, was dismissed.
“I cannot get on the field due to the New York Yankees trying to control my career,” he wrote in all caps to several major league teams, looking for deals that never came. “I’m the only Baseball Player that will stand up to the New York Yankees,” he added in the final page of the legal document.
Having lost that suit, Lassiter is now suing the Cincinnati Reds for $1.635 million. In a separate lawsuit, he is also suing Proehlific Park, a North Carolina training complex owned by former NFL wide receiver and Hillsborough, N.J. native Ricky Proehl. Lassiter had signed with the New York Yankees rather than pursue a college football career but now says Proehl’s facility failed to get him an NFL tryout.
According to news reports, Lassiter’s best season arguably was in 2011, when he hit .274 with a home run and 23 RBI in 64 games. After the Yankees released him the next year, he redshirted at quarterback for the University of Miami, never appearing in a game.
“Offensively, he was OK,” said Aaron Ledesma, who managed Lassiter at Low-A Charleston in 2011. “He was below average. Not much power, didn’t really hit for a high average. Speed-wise, he was below average.”
Lassiter, who put himself through law school, is acting as his own attorney.
—Source: nj.com |
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