June 2011 Archives

June 30, 2011

Police Are Not Above The Law

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

Power and authority are the most important influences we subject ourselves to. Deciding who has authority or power and when are crucial questions to answer. Within the United States we have three separate branches of government designed in a way that they create a system of checks and balances. It is this system of checks and balances that helps prevent what our society fears, tyranny.

Law and order are tools to be used within our system to promote the welfare of society and to nurture the growth and happiness of individual life. Our country was given birth upon the principals of "life, liberty and the pursuit of happiness." Within our constitution and within every law no one person has absolute authority or power to do as they please. Our laws define and appropriate power and authority in very specific manners that which prevent the government from terrorizing its citizens.

We enjoy the pleasure and freedom to speak on whatever political issues we feel warrant our voice and act as we choose so long as laws are not broken. Despite this nature of freedom in our country there are occasions when boundaries of power and authority are crossed. There are instances when power is taken out of its designated use and applied illegally to torment citizens. It is these instances that should cause the most alarm in our country and it is these times that the most drastic punishments must be issued.

On November 2006 police officer's acting outside their authority and power assaulted Ronald Eaton in front of a local restaurant in Ellsworth. While the officer's were acting with assumed noble intentions of preventing disturbing the peace they were acting outside of their power. Mr. Eaton had been inside eating and drinking when his girlfriend left under the guise of using the restroom. After her disappearance Mr. Eaton went outside in search for her. His search enticed off duty police officers to restrain him breaking his arm and imprison him without adequate cause. While imprisoned with a broken arm he had pepper spray and further physical force used against him.

To take threats against the rule of law with apathy could allow our system to deteriorate to a fragile state vulnerable to collapse. We enjoy our successful nation because we do not tolerate corruption. Police are given plenty of freedom to uphold the law but they cannot and will never be allowed to uphold the law as they see fit. Being disruptive or obnoxious is not inherently a crime and usually requires impeding upon someone else's safety to be considered such. For any officer to uphold their version of the law is in direct conflict with our constitution and our separations of power. As restitution to Mr. Eaton the case was settled for $725,000 before the trial was set to begin.

A full article can be found here: Police brutality civil case settled out of court for $725,000

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has had your rights violated or suffered police brutality and would like to be represented by a great Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 29, 2011

City Drains Citizens of Justice

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

Our living quarters are some of the most cherished and remembered places in our lives. They provide us with a place to dine, sleep and relax. Our housing is where we live our lives it is where we settle down. They offer a shelter from the hardships of life and provide stability. It is something that stays the same day in and day out regardless of the numerous changes taking place elsewhere in our lives. It is not unheard of for people to spend their entire lives in the same house. Our residences hold some of our fondest memories and our closest family moments. A home is not just a building it is something sacred it is a home.

With rising foreclosures and high unemployment housing has become even more meaningful. The fight to keep our homes is strong but the desire to have a safe place to live is even stronger. No one would be willing to let a robber into their home and walk out their valuables. However in the city of Sioux Falls in 2004 flooding due to backed up sewage lead to extensive damage in hundreds of homes. This was not the first case of such damage and homeowners recalled it had happened several times in the past.

The damage inflicted was the equivalent to letting a thief come in and steal thousands of dollars out of your home and walk out the front door without attempting to stop them. A class action lawsuit was filed on behalf of over 150 residents for the problems with the sewage system. In this situation the city of Sioux Falls is not entirely the bad guy it is the insurance provider for the city. A claim was filed with the provider on behalf of the city but the claim was denied, instead of standing up for its citizens Sioux Falls did not pursue it further.

It was the result of the city's impotence that civilians took matters into their own hands and sought legal action against the company. After having the lawsuit dragged out over a period of seven years homeowners were relieved to finally reach a settlement with the provider. A $1,950,000 fund was settled upon to help pay for damages inflicted in the 2004 storms. In order the fix the drainage system the city is looking at spending around $50,000,000.

A city like all forms of government has a duty to those they represent. Not only must a city provide adequate public facilities they must provide adequate protection and fight for its citizen's rights. If a government ceases to appropriately serve those it was established to serve then a government ceases its reason to exist.

A full article can be found here: $1.95M settles lawsuit over 2004 sewer backups

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has had your rights violated and would like to be represented by a great Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 28, 2011

Washed Up Criminals

Written By a Law Clerk for Parker Scheer Lagomarsino: Robert Maxey

Having a dream and living it are two very different things. It takes courage and determination to make your dream happen. For many people we never get to see our dreams come true or even have the chance to experience them. For others they refuse to give up until they achieve their goals. We live a life of privilege and opportunity within the United States where most dreams are within reach if we work hard enough. Many countries around the globe do not have this support system or opportunity; if you are born destitute you forced to stay that way until you die.

Large quantities of people seek to immigrate to the Untied States legally every year through visa's and citizenship. However we possess such privilege and opportunity that people are willing to risk their lives in order to have. Illegal immigration has been on a steady incline for years and many individuals who come here do so at their own peril risking assault, abuse and death. We must not take our privilege for granted.

Both those who immigrate her legally and illegally still face similar challenges once in the United States. Language barriers can create an inequality whereby immigrants can be taken advantage of. Within southern California where many immigrants from Central America live people are attempting to unionize an industry that exploits both legal and illegal immigration. The industry in question is the car wash industry.

Recently Tomas Rodriguez of Hidalgo, Mexico, was awarded $80,000 by the Los Angeles County Superior Court for back wages and damages. His suit describes a tyrannical system whereby immigrants were taken advantage for being ignorant of their rights. In his suit he alleges he was forced to be at work hours before he was actually allowed to clock in. He describes the carwash industry as a corrupt one where immigrants are often hired below minimum wage, forced to work hours without pay and in some instances forced to work only for tips.

Rodriguez said that after workers were hired to work only for tips his hours for work were cut so severely that he couldn't afford to eat or pay rent. He relied on collecting cans and bottles like many homeless do in order to make ends meet. In his suit he alleges the owners used strong-arm tactics and threats to scare employees into obedience.

People come to America because we are the land of the free and criminal activity, which exploits and abuses people, is unacceptable. Since the industrial revolution we have made giant strides in labor laws in order to eliminate and remove servitude and wage slavery. When an entire industry engages in this oppressive criminal practice it acts as a trap. People who enter the trap are frightened into submission, become dependent on their job to live and therefor cannot leave an abusive situation. If we believe in freedom then we must stand against tyranny.

A full article can be found here: Ex-carwash worker wins $80,000 lawsuit over labor violations

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been the victim of labor violations and would like to be represented by a good Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 27, 2011

Our Schools Must Be a Place of Safety First

Despite the cliché of the saying it remains true that children are in fact our future. Most people from across the globe and around the world spend a significant part of their lives raising children. Some of the most meaningful years of our lives involve raising children. The opportunity to pass on our wisdom experience and provide for another generation to experience life is priceless.

The task is so important to us hundreds of books have been written about it. Parents invest hours into researching the right school to send their children and who their child's teachers will be. In our modern day there are parent teacher associations and other programs that allow parents to be more involved at school. Some parents even value their child's education enough to send them to private institutions that can be expensive.

Silverado Academy located in Garfield County is such an institution with high tuition ranging around $4,000-$7,000 a month and specializes in a specific kind of education for children. The main focus is for troubled youth who need a different educational experience than one provided by mainstream schooling. The school acts as a boarding school and services both boys and girls ages 13-18. Some of the programs highlights include trips to national parks, attending local events and various festivals. The program is built to nurture and heal students who arrive from a variety of backgrounds. Some students are severely disturbed and have grave emotional trauma. The facility offers students a variety of mental health consultation and experimental programs to rebuild children.

Children in this setting are extremely fragile and need the utmost protection however three families are suing Silverado Academy for failing to supervise its faculty appropriately. Eric Allen Glosson was hired as a counseling coach for children ages 13-18 and is charged with several counts of sexual assault and sexual abuse with a minor. The suit claims that Glosson had been fired in the past for his conduct toward children but had been rehired later. The suit also alleges that Glosson had easy access to children privately and alone within his living area, the children's dorms and in classrooms.

This behavior and lack of safety is in direct contrast with the mission of this school. Children came hurt and were further subjected to criminal assault. The school has made a statement that they will provide consoling for the actions of Glosson but this behavior is ludicrous. For any institution to promote an environment of peace and healing it must first be safe! Such an atrocity ripples through our society and cripple's our ability to grow. The lack of safety found at this institution cannot be allowed to go without punishment. Similar institutions must watch the result of this lawsuit and change their policy to protect the students they serve. No one deserves to be abused by those sworn to protect them.

A full article can be found here: Families sue Utah school over alleged sex abuse by counselor

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been the victim of abuse and would like to be represented by a good Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 24, 2011

Racial Discrimination is Still Illegal

During the 1960's some of the most progressive legislature regarding civil rights was passed and new power was given to those laws. Before then racial tensions had been on a continuous rise and the government had seen itself out of the conversation with the ruling of Plessy v. Ferguson. However after that ruling was over turned in the 1954 ruling of Brown v. Board of Education the government found itself as a new mediator in race relations.

Several laws were passed to protect civil rights, mainly the Civil Rights Act of 1964 which prevented discrimination based on "race, color, religion or national origin." It was the hope of many that these laws would help end discrimination and once again turn our country into a place for the free and the brave. However in some cases resistance was strong and government intervention was necessary.

Through the past decades and numerous lawsuits citing the Civil Rights Act of 1964 as the basis of the lawsuit discrimination has greatly been reduced although it is not completely eliminated. In Baltimore David S. Brown Enterprises Ltd. is being sued for violations of the Civil Rights Act. The owner of Cibo Bar & Grill claims that over the years their clientele has changed and when it started becoming predominately African American they were challenged with interference from Brown Enterprises.

These are not minor claims or allegations; owners for Cibo Bar & Grill say Brown Enterprises forced them out of business. Brown Enterprises owns the property that Cibo Bar & Grill was operating out of and the tactics they were charged with using to put them out of business include changing the lighting to make it look like the business was not open, prevented the business from using common areas like the patio, varying the amounts of rent, and refusing to let the business sell itself once it had become unprofitable because the buyer was an African American couple.

This blatant discrimination is not just wrong but it is protected against by the law. Every business has the opportunity to succeed or fail on its own merits without discrimination coming into play. The actions of Brown Enterprises has lead to a degradation in the lives of those who live in a post Civil Rights Act world whereby they are allowed to enjoy freedoms that all Americans should have. We all deserve the right to eat where we would like and to be patrons of businesses we approve of. For some to take actions to thwart that right is unjust, unethical and un-American. The suit is seeking damages for abuse of process, breach of contract, contract interference, civil rights violations and more.

A full article can be found here: Restaurant owners sue Baltimore Co. developer, claim racism

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been the victim of discrimination and would like to be represented by a good Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 23, 2011

Capping Medical Malpractice In Tennessee

Life and death are important things for us to deal with. Our families and loved ones are some of the most important people in our lives. When they are hurt we turn doctors, the caretakers and healers of this world. Doctors posses the power to save those we love and remove our own ailments. Our society is reliant upon having second, third or more chances that are given by a doctor.

When children think of respectable and important jobs it is always doctors and lawyers who get named. A doctors' position is one of respect, duty and prestige but what happens when a doctor fails to live up to that duty? When a doctor deviates from accepted standards of medical practice during the performance of their job they can unnecessarily endanger patience. This act of endangerment is known as medical malpractice and it can cause serious injury or death. Most of the time this malpractice is due to medical error but occasionally it is due to negligence and other causes.

For doctors one error can result in never being allowed to work again as malpractices lawsuits can be extremely costly. Many doctors have chosen medical malpractice insurance, which helps protect them against lawsuits. Even though this insurance can protect them from being put out of business it still has a hefty price. To help fight the rising costs for doctors the state of Tennessee has passed a law that puts caps on how much claimants are allowed to receive.

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June 22, 2011

...Stays in Vegas

The flow of money is never ending in our economy; it jumps switching hands from one person to the next with the only resistance coming in the form of how quickly we can spend it. However having money flow in your direction is an entirely different matter, in fact for many people it is the only matter.

To begin there are a plethora of tools businesses and people use to get money to flow in their direction and one of the most useful is marketing. If nobody knows who you are they certainly can never give you money thereby marketing holds significant value. It can turn words like Disney World into mood bombs if said around young children can turn them into craving maniacs.

We all know marketing has power and influence but it doesn't come cheap. Recently the Las Vegas Convention and Visitors Authority has gotten into a suit over violations of its "Only Vegas" logo.

The logo established itself in TV commercials portraying Las Vegas as the city of secret adult fun. The commercials often leave the viewer with more questions than answers, which may be the reason the ads have been so successful. Each mysterious scene is subsequently followed by the "What happens in Vegas stays in Vegas slogan" which has come to be synonymous with the city's image.

Through the efforts of the Las Vegas Convention and Visitors Authority, who established the campaign, Las Vegas now has a reputation to uphold and protect. Due to the massive amounts of money used in this campaign and the publicity associated with the slogan it is clear why it must be protected. Anyone trying to use the "good name" of Vegas to promote their products could damage the brand and potentially harm our local economy. It is for these very good reasons that suit was brought against Vegas Pawn an Arizona based pawn shop.

The shop has used the same style lettering as the "Only Vegas" logo on its shirts and on its website. This has presented a very substantial problem for the LVCVA because they claim it can be easy for people to believe Las Vegas endorses this pawnshop when it in fact does not. The use of someone else's established logo is illegal and the LVCVA alleges trademark infringement and unfair competition in its suit.

This pawnshop is effectively siphoning off the marketing that has already been done for Las Vegas without approval or authorization. It has dodged putting forth any effort of its own to market itself and hopes to profit from other's work. This kind of behavior is unacceptable and LVCVA says that it attempted to resolve the matter in a non-legal manner first but was ignored. What is disappointing is that a great marketing campaign ensures a successful business future but unfortunately has the potential to be targeted for copyright infringement.

A full article can be found here: LVCVA sues Arizona pawnshop over 'Only Vegas' logo

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of illegal activity against your business and would like to be represented by a Las Vegas Business Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 21, 2011

Contacts, the Eye Solution

Monopoly is a great board game and one that has entertained families for decades. The game revolves around pieces jumping around a board buying up properties. Once enough of the same types of property are bought a monopoly can be formed whereby players can begin charging double for landing on their monopoly. This innocent game is reflective of a real life monopoly whereby one company is allowed to charge outrageously high prices because it controls a majority, if not all of the market share.

Originally monopolies were found all over the United States but as time went on their detrimental effects were realized quickly. Monopolies had a power that no other corporation had before it; the power to set a price to whatever they felt it should be and consumers were forced to oblige. Without any competitors to turn to monopolies ruled over entire industries with iron fists forcing consumer's to empty their wallets and leaving them no alternative. This was until the early 1900's with the utilization of the Sherman Act, which banned monopolistic behavior. Monopolies have been struggling to elude government sanctions from that time on.

Both the government and other businesses enforce laws against monopolies. It is the civic duty of every business to report and prevent a monopoly from taking over when deemed illegal. Lens.com has done just that in a filing a lawsuit in U.S. District Court for Nevada against 1-800 Contacts Inc.

Reportedly 1-800 Contacts is the world's greatest seller of contacts but success alone doesn't make for a monopoly or a lawsuit against one. Going after a monopoly requires finding illegal behavior whereby a company forces its success through dishonest and strong-arm means rather than good marketing and product alone. Within the lawsuit 1-800 Contacts is accused of abuse of process and unfair competition.

Abuse of process is a means whereby people use the courts improperly to file suits perhaps to cause delay or duress. In this case Lens.com claim that 1-800 Contacts has filed frivolous lawsuits against it in an effort to reduce Lens.com productivity and cause duress over trademarks. Abuse of Process can be used many different ways as a means to unsettle opponents.

Unfair competition is broad term that encompasses many aspects relating directly with antitrust laws. It includes practices that limit the fairness of competition and the removal of conditions that apply to all competitors and changing them as to apply to a select group. These conditions don't take on an illegal form however until they are conducted intentionally with the hopes to gain an advantage over competitors. Lens.com cites 1-800 Contacts as restricting information that is not eligible to be restricted. Business can be difficult but if it is not fair then it is not fair and that becomes the queue for the government to step in and hammer things out.

A full article can be found here: Nevada lawsuit alleges monopoly practices by contact lens firm

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of illegal activity against your business and would like to be represented by a Las Vegas Business Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 20, 2011

Trade Secrets are Secret for a Reason

Business is an integral part of the community, in fact it can be said it is the basis for community. Since the dawn of trade our lives have revolved around making deals and exchanging services. A great debate in our day in age has been government intervention in business and whether we should have more or less. In the 60's it was authoritarian communism versus American capitalism but the current battle is here in Las Vegas and it's Dotty's versus the County Commissioner's.

Every business in America was founded on the principal of our free market. We are taught that if you have the ability to dream it, its legal and safe to use, then you could make it. Here in America the American dream is thriving for us to work harder and achieve more. Everyday citizens are inventing new ways to serve our community and benefit society. This is progress at its finest and exactly what our nation was founded upon.

Dotty's casino wanted to live that dream, it wanted follow the path of every great business and establish itself as a respected business. It came with a new idea, a new type of gambling institution one that provided a cozy feeling to customers contrary to the callous mechanical feeling found at a casino.

When Dotty's first presented its business model to the county it was met with skepticism but also encouragement. Since that fateful encounter the encouragement has faded and Dotty's has found its self subject to legal pressure from large casinos and county commissioners alike.Both have pushed for new laws that target the Dotty's business model and directly disrupt operations.

These pressures, although difficult to overcome, were not as strenuous as recent actions taken by county commissioners. The county commissioners have disseminated sensitive information regarding Dotty's operations to both competitors and the public alike. What had been conducted as a private audit, which the information was protected under law, has now had that obligation breached.

Dotty's has sought legal representation to help fight against the oppression and are currently disputing the requirements that have been placed on them by the county as well as seeking damages for the county releasing private information that it was required to keep secret.

This is an all out attack and war being waged against Dotty's through legal and illegal means. It is a great tragedy that the principals of our nation are being discarded in an attempt to eliminate a business because of its success. The citizens of Las Vegas will face an easy decision when choosing to reelect members of the county commission.

A full article can be found here: Dotty's charges Clark County leaked trade secrets

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of illegal activity against your business and would like justice done, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 17, 2011

The Death of Innocence

A child's laughter may very well be the happiest sound in the world. It seems to sooth the soul and melt away grown up hardships, the world becomes an innocent and happy place. On the opposite side of the spectrum a child's death can be one of the most traumatic events a family and community can experience. To take away someone's future to live a happy life or contribute to society isn't just a crime against one person it's a crime against the nature of humanity.

We all have the right to life but it is most cherished when it regards children. Mark DiBona was four years old when he had his right to life taken away in Auburn Mass. The circumstances behind his death are atrocious and point at many failures of the safeties our modern society enjoys. Mark was getting onto a mall escalator, like so many American families do on a daily basis, while holding the handrail he was pulled between an opening in the plexiglass barrier. Mark then fell to his death, landing on a display casing. A person can only imagine the pure terror going through a child's mind and the horror the parents felt as they watched their son die. Mark's death was not in complete vain though, his heart was donated in order to save the life of another child.

The issue we face, as a community is as dire as it is imperative that we fix. The hole that Mark went through was not due to a design flaw it was due to an oversight flaw. The fact is the escalator had been designed with a much smaller gap that would have prevented Mark from falling through. The plans for the escalator were approved with the appropriate sizing but the construction requirement was not met when it was built. Several employees at the Department of Public Safety were released from their positions with others pending investigation.

What was discovered was this oversight was not a one-time accident but in fact a reoccurring issue and discovered at other escalators statewide. The problem was that plans were drawn correctly and then the contractor would neglect to follow them and the site inspector would come in and write off on them. This kind of corruption is directly linked with a downfall of public safety. There is all sorts of conjecture that could explain why this incident happened but preventing it from reoccurring is more important.

Those who signed off on an illegal structure need to be punished as well as those who built it incorrectly in the first place. To many times in our society people are killed and injured by design flaws, but this case was not one of them. This could have been prevented if several people had performed their job honestly and correctly. Our hearts go out to the family who has suffered an unnecessary and painful tragedy.

A full article can be found here: Family Sues In Boy's Escalator Death At Auburn Mall

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured or hurt at the fault of another and would like justice done, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 16, 2011

Justice Served in the form of $30 Million Against Boat Manufacturer

Safety is of the utmost importance with every product anyone buys. American citizens have the right to purchase a product and use it reasonably within its means and not worry about death or dismemberment. In fact to establish a system contrary to this right would invariably lead to a society constantly suffering injury.

It is this right which is so strongly believed and upheld that on June 7, 2011 $30 million was awarded to a plaintiff who was injured in a disturbing boating accident. The amount was awarded by a Butte County jury who were able to not only sympathize with the plaintiff but understood the importance their award. This award acts not only as a means of compensation but also as a deterrent to other companies from making similar mistakes.
The public requires the company whom the ruling was issued against, MasterCraft Boat Co., to be held to the same standards as any individual; which is that they are not allowed to take actions that kill or mutilate anyone.

Occasionally there are public outcries of placing caps on awards. One argument for a cap may be that no one deserves an award of $30 million, but let us look at the facts. The day of the accident both Niki Bell and Bethany Wallenburg had been enjoying a nice day out at Lake Oroville. They were with a group of friends some of which were wakeboarding. When the boat made a slow turn at roughly 4mph to retrieve a wakeboarder in the water the bow of the boat dipped taking on water. Both plaintiffs then found themselves in the lake and as the boat continued its turn a propeller tore out the eye of Ms.Bell and carved her skull open penetrating her brain while Ms.Wallenberg was left with severe back lacerations and scars.

Such a painful incident isn't awarded an amount of money based solely on compensation but also for punishment and protection of US citizens. It is obvious that such a travesty should be compensated but it is equally obvious that it should be prevented from ever happening again.

When a business fails to leave the public unharmed from its products it is failing a responsibility. If liability were removed completely we would be living in a world where any product could have the lethality of a hand grenade.

Capping awards the hinders the ability for the public to protect the public. With a cap the sanctity of human life is reduced to a number. It becomes an equation which reads: If I produce a product that kills or dismembers consumers how many people will have to die or be dismembered for my product to not be profitable? This is a problem because as long as profits out weigh the costs of paying death and disfiguration penalties the product will be made and the public will continue to suffer.

The liability for this accident was deemed to lay 80% with the manufacturer MasterCraft and they have paid a price but they have also performed a cruel form of public service. Through this verdict they have announced that it is in fact a crime to not properly engineer a product and that a heavy price will be paid for failing to perform adequate testing and research. In our country justice and liberty isn't just for the brave, it is for all.

A full article can be found here: Jury Awards $30 Million to Chico Woman for Boat Accident

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured by a product or would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 15, 2011

Sexual Harassment is Not Ok

The workplace needs to be one of the most secure environments individuals interact with. The reason is that unlike a public park or street we are not free to come and go as we please. The workplace for most Americans confines us to a limited area for a certain amount of time and we are obligated to be there. It is for this reason that a hostile environment that is filled with any form of harassment must never be allowed to flourish. It is this sanctity that led a jury to award Ashley Alford $95,000,000 in what has become one of the largest sexual harassment cases the United States has seen.

As American's most of us enjoy a work environment that is free from sexual advances from our bosses or inappropriate comments but not every work environment lives up to this standard. In fact some business travel down a very dark road filled with denial and turning a blind eye. It is this attitude and mentality that is the most threatening to American prosperity. It is a problem that cannot be tolerated now or ever for it will directly affect our financial future and moral paradigm.

If we take a look at the actions that were allowed to take place we can quickly see the immense impact of allowing such behavior to continue elsewhere and why it must be stamped out. Ms. Alford was given a job working for Aaron's, a rent-to-own retailer, and while it may not be anyone's dream job she enjoyed working for the company. The trouble started after she had been working there a while when her boss would make lewd comments to her. Ms.Alford was offended by such comments and found them repulsive but was unable to stop the advances. She found herself in a difficult and terrible situation where she could not see an exit. Her boss held her livelihood in his hands and would not stop the sexual advances towards her and company officials were not there to help. The situation became much worse when her boss turned his comments into acts and walked up behind her and while she was sitting placed his penis on her head. However this was only a prelude to when he would eventually hold her down against her will, lift up her blouse and proceed to pleasure himself over her.

Eventually Ms.Alford reported the incidents to a hotline but received no reply or relief. In fact what she got was almost as harsh and as cold hearted as the victimization she had been faced with her boss; she was denied opportunities to advance.

This behavior is unacceptable on every level and in every way. Employees cannot freely leave a situation that has become hostile or dangerous, least they risk losing their livelihood. When a company refuses to offer recourse for such dangers a great travesty is posed, "Is this suffering worth more than losing my shelter, food and transportation?" These are questions no one should ask and protecting the safety of our workplace is protecting the safety of our economy.

A full article can be found here: Jury awards $95 million in Fairview Heights sex harassment suit

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of a hostile work environment and would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 14, 2011

Wal-Mart Employees Fired for Defending Themselves

Everyone has the right to protect themselves from danger whether its fleeing or, when necessary, fighting. At a Wal-Mart store in Utah employees faced this very decision. A shoplifter was confronted after taking a laptop and was instructed to go to the asset protection office. In the office the man was told to relinquish the stolen items and to have a seat.

The man complied with the first request and pulled out the laptop but he also pulled out a handgun as well. With the gun in hand he told the employees to let him go and charged for the exit. However instead of leaving upon reaching the door the gunman put his gun into the back of an employee and said "don't make me do this." With nowhere else to go the other employees took action and acted to disarm him. Once he was successfully disarmed the employees then restrained him by force and placed the gun in the opposite side of the room far out of reach of the assailant.

A week after this incident Wal-Mart brought in corporate consultants who fired these employees for not being able to follow company policy. The policy in question was Wal-Mart's AP-09 policy, which instructs employee's to only use reasonable force when encountering shoplifters and to disengage when confronted with a weapon. Wal-Mart claims the employees were let go because they potentially endangered the lives of other associates and customers.

In response the employee's have filed suit against Wal-Mart claiming that their rights to self-defense have been infringed upon by the AP-09 policy. The plaintiffs, one who worked for Wal-Mart more than twelve years, said they felt betrayed and "thrown away".

The employees state that they acted not only with their own interests in mind but in the interests of everyone's safety at the store. The time of the incident was around 5 p.m., that location's busiest time, had the employee's not acted in the manner they did a convicted felon armed with a loaded weapon could have come running out of the office and attacked innocent bystanders.

One plaintiff expressed the potential danger of a member of the public becoming involved with assisting the store personnel in detaining a fleeing armed shoplifter; Stating that many customer's to their store feel a loyalty. A police officer commented on the staff's ability to disarm the gunman and how his life was saved; explaining that an armed felon attempting to avoid the police could easily have engaged in a gunfight when the police arrived on the scene.

With police supporting the actions of the employees and federal law allowing for self-defense this could turn out to be an important legal case, which could decide whether or not it is legal for a private business to have a policy that restricts an individuals right to protect their life.

A full article can be found here: Walmart Employees Fired For Stopping Armed Robber

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured at work or would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 6, 2011

$1.6 Million Given to Man Maimed in Incident at a Grain Bin

A 23-year old man was significantly injured while working in a grain bin in Kansas. The man who was cleaning out the bin had his foot caught in a conveyor and was pulled into the machine. His injuries were to the point that his leg could not be saved and he lost it.

The plaintiff's lawsuit cites employer negligence and defective product as causes to the accident. The suit argues that the machine's design placed the conveyor drag chain in a hazardous location and the maker was liable. They also go on to state that the employer did not offer adequate training in safety.

The manufacturer of the machine said that the employer did not turn off the machine while workers were working and the employer was liable. However it was determined by a jury that the plaintiff was 10% at fault, the employer 44% and the manufacturer was 46%. The total amount given to the plaintiff was $1.6 million for medical expenses, future medical expenses, lost earnings and lost wages.

A full article can be found here: Wilson County Jury Awards $1.6 Million Verdict in Personal Injury/Defective Product Case

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured at work or would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 3, 2011

Age Discrimination Costs Over Fifty Women Their Jobs

In Atlantic City lawsuits were filed against the Resorts casino with plaintiffs claiming they were fired because they were not young enough. Over fifty women are involved with several lawsuits against Resorts casino over their employment practices. The suits claim after the casino underwent an image change and they were fired because they did not meet "uniform requirements." Some waitresses had worked at Resorts for over twenty years without prior warning. A plaintiff states that Resorts went so far as to have her train the girls replacing her for 90 days and then on the 90th day fired her for uniform inadequacy.

The lawsuit states that the women were required to try on the new uniforms, which were styled in the theme of roaring 20's flapper girls, but the sizes they were given to wear were to small. The plaintiffs say the evaluations were stacked against them intentionally as a way for Resorts to justify firing them and hide any wrongdoing.

Plaintiffs have urged a boycott of Resorts casino, however Resorts has argued that it has done nothing wrong and has followed all state and federal laws regarding its practices. Further, Resorts said it offered the waitresses priority hiring in other positions that were open with the casino and that some waitresses chose to do that.

A full article can be found here: Celebrity attorney Gloria Allred represents Resorts cocktail servers who lost jobs in flap over skimpy costumes

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or anyone you know has been a victim of discrimination at the workplace and would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

June 1, 2011

Suit Filed Against Church After Girl Dies

A Las Vegas lawsuit alleges a girl died after participating in religious rights in July 2010 and now her mother is filling suit against The Moment of Truth Ministries Inc.

The church is charged with wrongful death, negligence and product liability. The suit claims the girl had intended to fast for religious reasons and was given a pill containing dangerous substances by the Ministry. Later that day the girl passed away.

The church denies responsibility for the death citing the girl's preexisting medical conditions. Further, the church argues that the fast was unrelated to the church and that they did not give the girl any substance. The church says they are grieving the girl's death too and that the victim's mother is being influenced to file the suit.

Punitive, exemplary and general damages are being sought by the plaintiff.

A full article can be found here: Lawsuit alleges teen died after church ritual

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured or harmed by the actions of a group or individual and would like to speak to someone about your rights, contact our lawyers for a free confidential case review and receive a response within hours. Call toll free 866-414-0400.