California Business Litigation Blog

A Cedar County Missouri couple has reached a $1.1 Million settlement against the operators of a hog farm, the hog supplier (Missouri Farmers Assn.) and the Missouri Farm Bureau which insured the operation.

Ed and Ruth McEowen filed the nuisance lawsuit against the hog operators after barns were erected less than 1,000 feet from their home several years ago. One of the barns was constructed without a permit within 1000 feet of the McEowen home; a violation of the Missouri Department of Natural Resources regulations. The farm operated six years without an operating permit from DNR.

The settlement involves only odors up to the date of the settlement. But the McEowens said they were ready to file another nuisance action if the hog operation continued to harm their quality of life.

“Night was always the worst,” Ed McEowen said. “It’s like the monsters come out at night. The sickening stench just lays down here in the valley once the sun goes down. You could never invite anybody over because you never knew how bad the stench was going to be.”

At capacity the farm raises 7500 hogs. Hog waste has fouled a creek that runs through the McEowens’ property, the lawsuit said. The McEowens have lived on their 40-acre farm for 30 years and built the house and a workshop by hand.

Attorney Charlie Speer said he has about 350 cases involving large factory farms and odors around the state. This lawsuit “Sets the Bar for Future Settlements” and sends a clear message.

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Posted In: Business Litigation

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The Center for Science in the Public Interest (CSPI) sued the Denny's Restaurant chain yesterday, saying the restaurant chain's menus should disclose the "dangerously high" levels of sodium in its meals.

According to MayoClinic.com “Various organizations, including the National Academy of Sciences' Institute of Medicine, have published recommendations on daily sodium limits. Most recommend not exceeding the range of 1,500 and 2,400 milligrams (mg) a day for healthy adults.”

The sodium content in many of Denny’s meals far exceeds that range including the Meat Lover's Scramble which comes with a two strips of bacon, two sausage links, hash browns and pancakes, topping the chart at a whopping 5,690 milligrams! Even the Super Bird turkey sandwich has 2,610 milligrams of sodium.

CSPI executive director Michael F. Jacobson believes that Denny’s is slowly sickening its customers. “For those Americans who should be most careful about limiting their sodium, such as people middle-aged and older, African-Americans, or people with existing high blood pressure, it's dangerous to eat at Denny's. Denny's customers deserve to be warned about the considerable health risk posed by many of these meals.”

Denny's and CSPI were in negotiations earlier this year in an attempt to lower the sodium content on many menu items. Small changes occurred with a slight sodium reduction in their cheese sauce, shrimp skewers and kids' meals. CSPI wanted to see more changes over the whole menu, and when that didn't happen, the lawsuit was filed.

The lawsuit is calling for Denny’s to make the broad sodium reductions or menu disclosures.

Generally restaurants (including fast food) and frozen prepared foods have higher sodium content than freshly prepared meals. It is always advisable to check the food providers’ websites to determine sugar, fat and sodium content. You will find Denny’s nutritional information by clicking HERE.

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Posted In: Business Litigation

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In a disturbing case, Terry Williams, a 17 year veteran flight attendant for American Airlines, is alleging that the plane's flaws lead to her exposure to toxic exposure to chemicals that lead to her ailments. Since December of 2008, she has had a constant migraine. In addition, she is facing balance and vision problems, the inability to remember childhood memories, tremors in her arm, and a prickly sensation in her feet.

The event in question happened on April 11. 2007 when she says she was on Flight 843. As the plane taxied into place in Dallas, Texas, she claims she saw a misty type of haze come into the cabin. The "fume event" as it is being termed, is what she blames for her illnesses. She states that as she was leaving the plane she felt as if she had a cold coming on and experienced a neon green discharge from her nose.

Williams has filed a product liability lawsuit against Boeing and McDonnell Douglas, the aircraft manufacturers. The claim she has is that there was a lack of filters and sensors to protect her from such an incident.

In particular, the concern is the chemical tricresyl phosphate. This is a chemical that is used in nerve agents and pesticides. There is a lot of dispute over how often these types of events occur, though they are said to happen. The National Research Council reported in 2002 that four out of 1000 flights have such a fume event. This data was collected from three Canadian airlines. The FAA does not dismiss the potential of fume events happening and has promised to look into the events. At the same time, the FAA reports that the symptoms are also found in other neurological conditions. They are working to determine the amount of exposure to chemicals in aircraft.

New technologies in plane design, such as those found in the Boeing 787 Dreamliner no longer use the same methods to cooling the engine, which is being blamed for the event. The FAA Reauthorization Act of 2009 which has passed the House and is now in the Senate calls for research and the development of filters and sensors for removing oil based containments from the bleed air, the problem that could have lead to Williams' condition.

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Posted In: Business Litigation   Employment Law

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The Clark County School District in Las Vegas, is now facing a lawsuit in which they are charged with failing to protect a parent from a teacher, one of the school district's employees.

The teacher in question, Ken McFate, has been found to have an extensive history of harassing women and stalking. The claim filed against the school district claims that the school district knew of the problems with McFate but did nothing about it.

In a court of law, attorney Dan O'Brien, Clark County School District Assistant General Counsel, made the statement, "This is a case about a parent who decided to have an affair with a teacher and then it didn't go well." According to Las Vegas Now, he continued with, "She now wants the district to give dating advice to married parents." The statement was seen as surprising.

The judge in the case, Judge Kathleen Delaney, stated that the comment was disturbing and then denied the school board's motion to have the case dismissed.

What Actually Happened?

The lawsuit stems from an incident involving McFate and Andreana Leonard, who was a classroom volunteer at Bilbray Elementary School. During her time working there, she developed a relationship with the teacher. When a fall out between the two occurred, Leonard states she was forced to get a restraining order to keep McFate away from her. In doing so, she learned she was not the first person to do so.

According to records, there have been several people to file restraining orders against McFate, and many of the occurrences happened at the school. Leonard's attorney, Richard Segerbloom made a statement stating that what is truly disturbing is that the school knew about the charges and problems, allegedly, and did nothing about it, nor does the school have a policy on how to deal with such incidents.

Leonard is seeking monetary damages and the requirement of policies to be put in place to protect individuals in circumstances like this. McFate retired in 2008.

Posted by Richard Oppenheim | Permalink | Email This Post

Posted In: Education   Employment Law   School District Law   School Lawsuit

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