October 30, 2009

Biblical Signs, Football Fields and Facebook

In Fort Oglethorpe, Georgia, the events occurring on September 11th spurred the public high school cheerleaders to focus on the Bible. They constructed catchy banners with inspirational messages on them and allowed the players to charge through them onto the field before each game. That all ended in September of 2009.

Church%20%26%20State%20sign.jpgA parent expressed concern that the Biblical phrases may be a breach of the First Amendment rights of church and state separation. The parent was concerned that there may be a lawsuit should the school continue to allow these signs to be placed on the football field. The school board agreed and banned the banners from games.

The barring of the banners did not have a good reception but now, students and fans are filling the stadium with their own banners, filled with Biblical phrases. The town is small, with about 9,600 students in it. The town, including students, took the cause to heart. They call themselves the Warriors for Christ, a play on the school's team name, the Warriors
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Over the course of the last few months, the group has sold more than 1600 t-shirts bearing a variety of Biblical phrases on them as well as statement such as "You Can't Silence Us" and "Living Faith Outloud."

In federal courts, the rulings have allowed public school students to promote their faith but they may not do so in school-sponsored clubs. Cheerleaders would be considered school sponsored. The woman who brought the attention on the signs, Donna Jackson, says she wanted to protect the school from possible litigation.

The separation of church and state has always been a hazy line, especially in the south where religion is on display that is more prominent. Those in this city are definitely committed. More than 16,000 people have joined a Facebook group favoring the signs to be in use in the game while only 77 have joined a group in favor of the banning.

Although many do favor allowing, the banners to be in use in the game most have stopped pushing the school board to change its mind. Simply, they know that if a lawsuit did come against the board, this already cash strapped county could be in further trouble.

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October 28, 2009

Radiation Overdoses Prompt Class Action Lawsuit Against Cedars-Sinai Medical Center

According to hospital officials, a computer resetting error could be responsible for a large number of patients receiving overdoses of radiation treatment. Allegedly, 206 patients received overdoses during CT brain scans at Cedars-Sinai Medical Center.

CT%20scan.jpgSeveral experts say a class-action lawsuit filed this week on behalf of the victims has little chance of succeeding. Tom Baker, professor at the University of Pennsylvania Law School commented “This is the kind of case that the medical liability system doesn't help us with."

The hospital released the following statement, "A misunderstanding about an embedded default setting applied by the machine" lead to the higher than required amount of radiation administered to patients. The patients affected received doses that were eight times the normal dose of radiation.

The error was not a one-day event, either. Rather, the patients received these treatments over an 18-month period. The direct result of the extra radiation, the hospital says, was that about 40 percent of patients lost patches of hair or experienced reddening of the skin.

Victims’ attorneys are likely to focus on the anxiety caused by the overdoses more than on the risk of cancer. Historically U.S. Courts are unsympathetic in “fear of cancer” cases because it is challenging to prove that the probability of future harm is high.

Attention has included the scanner's manufacturer, General Electric. The company says that the machine was not defective. The direct result of the event was an issuance by the FDA to all hospitals in the United States to review their safety protocols for CT scans.

October 26, 2009

Mother Claims "Waterboarding Like Torture" of Autistic Child

A mother out of Montana's North middle School in Great Falls claims that two teacher's aides severely abused the special needs children in her care. Five families have come forward to make the claims, with one mother describing the abuse of her autistic child as being "waterboarding like torture."

autism-ribbon2-1.jpgThe teacher's aides, Kristina Marie Kallies and Julie Parish have resigned and charged with assault on a minor and endangering the welfare of children. Kallies has not been located by police and Parish has appeared in court and was released on bond. The teachers resigned after the allegations were made, although both teacher's aides claim they are false allegations.

The children involved were special education students in grades seven and eight. The mother, Tiffonie Schilling said that the aide allegedly held the child's head under a water faucet when he dozed off in class. The boy was 14 at the time. She says, "He was having waterboarding like torture done to him on a frequent basis." Another claim is that the teacher made her son, Garrett, "eat his own vomit." The child is not vocal and could not defend himself.

Ms. Schilling is not alone in her allegations. Other parents complained of including one female child being hit in the head with a pan and a male child that was locked in a closet.

A full investigation and independent probe is likely to occur by the state attorney general, although the school has conducted a full investigation and are working with police.

October 23, 2009

Lawsuits May Keep Hawaii School In Session Despite Furlough Days

In Oahu, Maui and the Big Island, there are nine families fighting to keep school open for special education and other needs even though the state plans to close them for the day. Two lawsuits are currently pending on behalf of these students in an effort to keep public schools open even though the state had plans to furlough teachers on 17 Fridays over the next few months.

Hawaii%20School.jpgThe parents filing the lawsuits want to keep their children in school and around their classmates during these furlough days and hope to have their case heard by Judge David Ezra in the U.S. District Court. They are hoping to get a temporary injunction in place. This lawsuit states that the state has "violated the procedural safeguards" in place through the federal law that protect and prohibit unilateral modifications for any type of special education and related services.

Another lawsuit, filed by attorney Eric A. Seitz is also scheduled to be heard and is on behalf of regular, special education and charter school students in the state. The lawsuits state that Hawaii is breaking the state's obligation to provide 180 days of education, five days per week to Hawaii students. The class action lawsuit, on behalf of all students in the state, states that the furloughs disproportionately affect some racial groups and certain classes specifically.

Although the state's Department of Education claims that they have yet to see the lawsuit, Attorney General Mark Bennett believes the lawsuits are without merit. The state Board of Education has welcomed the lawsuits because their goal is to restore educational days to the students. Through the publicity from such an action, the school board hopes that this will force the governor and the Legislature to find the necessary funding.

The new contract signed by the state Department of Education and the Hawaii State Teachers Association requires there to be 17 furlough days in the current school year and the coming school year. The amount of money these days would save has yet to be noted, however the goal is the cost savings to be put towards the $127 million cut that the department is facing after the state's budget shortfall.

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October 20, 2009

Lawsuits Pending Even After Microsoft Recovers Sidekick Data

Microsoft has returned virtually all Sidekick user data, including contact information and other personal data to users. Nevertheless, there are likely to be pending lawsuits filed against the company.

On Saturday, Microsoft informed users that it had lost all data and backup systems in a system wide crash. The company now says that it has restored that data, but it appeared to be weary of issuing such a message early on.

sidekick_t-mobile.jpgMicrosoft vice president Roz Ho provided an open letter to customers of the Sidekick stating that only a small number of users are still without their personal data. However, such a warning may not be enough to keep customers. In recent conversations at T-Mobile's website, talk was about leaving the company. Users seemed to be interested in filing a class action lawsuit against Sidekick and owner Microsoft.

More so, there was evidence that some of the messages posted on the website from Sidekick users unhappy with the company were deleted or moved in some fashion after mention of the lawsuit.

The social media outlets are teaming with information. On Twitter, the micro blogging website, mention of Sidekick lawsuits was the talk of the day, including mention of several pending lawsuits in California and in Washington. One such case filed in California, was filed by a mother whose teen daughter lost photos and song lyrics in the loss of data.

Another lawsuit was filed in Atlanta, by a woman, Maureen Thompson, says that the companies she named (including T-Mobile, Microsoft and Danger the manufacturer of the device) were negligent and failed to meet advertised promises to customers. Attorney John Jablonski, speaking about the case, said that it was likely that such cases would lose merit, since the data was restored.

T-Mobile employees are not speaking of the case and claim they have no comment in regards to the online complaints from customers. The company does seem to have kept customers informed and on Monday, temporarily halted all sales of the Sidekick smartphones. In addition, the company offered affected customers one month free service from the company, plus a $100 T Mobile gift card.

It is not clear how many Sidekick users have filed or plan to file lawsuits against the company, nor how many people may still be affected by a loss of data. You may view the California lawsuit HERE, compliments of SeattlePI.com.

October 19, 2009

Teacher Accused of Intentionally Sickening Autistic Boy

An Indianapolis teacher is accused of giving a child a peanut filled candy bar. The child's mother claims the teacher was trying to make her son sick so that he could not go on a field trip with the class. The boy is eight years old and is autistic. He is mostly nonverbal and experiences swelling by just touching peanuts.

AutismGarden2.jpgThe mother, Anita Young, has filed a lawsuit against the teacher, claiming that the special education teacher, Trinda Barocas, told an aide that the boy was likely to misbehave on the field trip and said that, "maybe he could be sick enough not to attend and we won't have to deal with it" the lawsuit states. The mother claims that the teacher knew how severe the child's allergy was. She says the child was frustrated and angry, and would fight with her about going to school, during the time of alleged abuse. The child is now in a different school and the mother claims the child is doing much better and is happy to be at school.

Officials from the school contacted the mother after aides reported that the teacher has mistreated the boy and another boy. The school is Mary Bryan Elementary School in Indianapolis.

The Department of Education and Marion County prosecutors are investigating the case. Barocas no longer works for the schools and her lawyer did not provide any feedback to the Associated Press regarding the case. The teacher told investigators that the allegations are false and that she did not try to prevent the boy from going on the field trip.

In the lawsuit, there are claims that the teacher kept the boy in a small cubicle, meant to be used for short periods. Specifically, the lawsuit states that the teacher treated the boy as a "caged animal." The teacher is also accused of pinching the boy, standing on his foot and grabbing him by the arm to drag him. The mother wants criminal charges filed.

The lawsuit seeks unspecified damages and says that the teacher and school officials should have known of the abuse and that they failed in their obligation to protect the child. The school district claims that they filed a report with Child Protection Services as soon as they learned of the allegations and that the teacher was on administrative leave with pay three days later. She had told the school a month earlier that she would resign at the end of the school year, for reasons unrelated to the allegations. She was employed with the district since August 2008.

The Indiana Department of Child Services reviewed the complaints and found that the teacher did not want the boy to attend the field trip. The boy did attend and "did many things that he was not allowed to do." The teacher compared the child to an "18 month old" several times.

In addition to these allegations, the teacher is also accused of hitting a nine-year-old girl with Down syndrome on the lips. The teacher claims she tapped the child's lips with two fingers as a physical prompt, not to abuse the child. Another allegation stems back to 2007 when Barocas was working in Franklin Community Schools. A mother claims she saw the teacher force feed her child, slap her and restrain her improperly. The teacher stated, "I did not, will not and would not hurt a child in my care."

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October 15, 2009

(Ro)Bot Use In Online Casino Gambling Goes To Court

The Superior Court of the State of California for the County of Los Angeles will be hearing a case in which two poker professionals are accused of using a bot, or robot, to play online casino games. The two men, Lary Kennedy and Greg Omotoy, won $80,000 while playing at Full Tilt Poker, an online gaming website. The company claims the two men used robots to win the money rather than using their own skill.

robot-poker-1.jpgOn the flip side, the two men claim that the company itself was the one using bots at the website. Robots have been used in many types of skill games, to pit human against robot. The most well known of these situations was with Deep Blue, a chess playing robot that was able to beat Garry Kasparov, the 1997 Chess World Champion. The machines perform the task of calculating moves endlessly, without tiring.

Kennedy and Omotoy have filed a lawsuit against Full Tilt Poker, and the numerous owners of the company. The claims include Fraud, RICO, Relief Under the California Business Professions Code Section 17200, Unjust Enrichment, Libel and Slander.

The lawsuit claims that the owners played a role in the coding, creation and the use of the bots to fill tables that would allow them to increase their revenue. The two allege that the use of bots is strictly prohibited by Full Tilt Poker's terms of service. They are seeking restitution in monetary and non monetary forms. Compliments of Pokerati.com you will find a copy of the lawsuit HERE.

This case is another in the lineup that is nearly forcing regulation of online gambling. Although Full Tilt Poker has been involved in other cases over the last few years, it is unclear which direction the court will go when hearing this particular case.

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October 14, 2009

Supreme Court Says No To Confederate Flag T-shirt Lawsuit

The U.S. Supreme Court dismissed the case, Barr V. LaFon, without comment. The lawsuit was brought on by a group of high school students in Tennessee who lost a battle with their school administrators who would not allow them to wear t-shirts to school that displayed the Confederate flag. The students' attorney tried to push the case further, though the Supreme Court declined the case.

Confederate%20t%20shirt.jpgIn 2005, the school put in place a policy that banned images of the Confederate Flag at the school, William Blount High School, located in Maryville. The ban was put in place after heightened racial tension occurred at the school, after an altercation between an African American and a white student occurred. The school had racist graffiti appearing on walls and even one incident in which a noose was drawn next to the Confederate flag.

From August 2005 through March of 2006, the school had 23 incidents of dress code violation in which the Confederate flag was displayed. The students claim that the policy infringes on their rights to express their Southern heritage. The students who filed the lawsuit are Derek Barr, Chris White and Roger Craig White.

The federal judge who first heard the case agreed with the school administration. The administration claims they were simply trying to prevent disruption to the educational process by issuing the policy, especially in light of the racial tension within the school. Alvin Hord, the Director of Blount County Schools, states he did not ban the flag as a racist symbol.

With the U.S. Supreme Court declining to hear the case, this leaves in place the lower court's August 2008 ruling that upholds the school's policy. The appeals court states that the school officials could reasonably forecast that the image of the flag could "substantially and materially disrupt the school environment."

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October 9, 2009

Amazon Settles Kindle Lawsuit On Book Deletions

The Kindle is an eBook reader heavily marketed by the company. While it is a new device and one that is selling well, the company promoting it, Amazon.com, has faced a lawsuit on behalf of the product already. The company has settled a lawsuit brought on by the deletion of two eBooks, George Orwell's Animal Farm and 1984.

kindle21.jpgThe company deleted the material for the eBook reader's accounts, who had paid for them, and refunded the customer's cost. Amazon cited that there were problems regarding the copyright use of the material. In September, Amazon announced that it would replace the deleted eBooks for anyone who purchased them, and that they would offer $30 gift certificates for those who did not wish to receive the eBooks again. The Kindle also allows for users to place notations within the eBooks for their personal use. Amazon also stated these would be restored.

Just this month, Amazon also has announced that it will settle a lawsuit brought on by two Kindle users who saw deletions of these materials. The company is paying $150,000 to a Michigan high school student named Justin Gawronski and a man named Tony Bruguier. Their attorney has stated that the two will not see any of the funds, but will instead donate the money to charity.

The settlement was filed in the U.S. District Court in Seattle on September 25th. It was a closed settlement and no further details were made available. The attorney for Gawronski and Bruguier was quoted as saying that he believes Amazon has learned an important lesson from this lawsuit.

October 7, 2009

University of Phoenix Case Settlement May Be Near

Two University of Phoenix enrollment counselors filed a lawsuit in 2003 alleging that their raises and prizes awarded to them where done based on the number of students they enrolled in the school. They filed a lawsuit against the school. The corporate executives in charge during this period of time are now at different schools, but the case is left unsettled, as of yet.

Univ%20of%20Phoenix.jpgIt is possible that the University of Phoenix parent, Apollo Group Inc, will seek a settlement in the case, before the case is set to be heard in a court of law in March of 2010. The company has not disclosed any terms of a settlement, but some experts believe it could be as high as $250 million, which equates to 25 times the record fine the school had to pay the U.S. Department of Education in 2004, on similar charges.

The school will likely seek out a settlement in the hope of avoiding a very public trial and to dismiss any allegations that similar practices are still occurring. The school is known for its aggressive recruiting tactics. In a time where the American consumer is unwilling to forgive big business corruption, the school would be foolish, some say, to go to trial.

The University of Phoenix is an incredibly sized school. Since it became a for profit school in 1976, it has been an ideal share to own on the stock market. In addition, it has over 420,000 students and its annual revenue is now near $4 billion. It is the largest recipient for federal financial aid to the tune of $3.2 billion in one school year alone.

The case came to head in 2003, when two enrollment counselors filed a lawsuit, on behalf of the federal government, charging that the school defrauded the government by paying recruiters salaries based on the number of students enrolled. Federal law bans schools from offering this type of incentive.

The school itself fought the charges and claimed that the two employees were disgruntled former employees trying to make something small into something big. A judge ruled in 2004 to dismiss the case, but it was restated two years later on appeal. The case is similar to one filed by the U.S. Department of Education in 2004. At that time, the school was fined $9.8 million based on their recruitment practices. In that case, the University of Phoenix did not admit any wrong doing.

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October 5, 2009

DIRECTV: Stop Taking Cancellation Fees From Bank Accounts

In Santa Monica, California, consumers have filed a complaint with the Los Angeles Superior Court requesting that the courts stop DIRECTV from pulling early cancellation penalty fees out of bank accounts or charging them to credit cards without the consumer's knowledge.

direct-tv.jpgFees up of to $480 are being withdrawn from customer accounts without their permission, the injunction claims. Consumer accounts have been overdrawn by the action, while others have experienced bounced checks and over the limit fees. As a result, credit reports may have been harmed. The injunction hopes to stop the withdrawal of funds from current and previous DIRECTV customers until a court can determine if the action is lawful.

The company charges an early cancellation penalty for customers who terminate their agreements before the term commitment period has been met. This period is typically 18 to 24 months. The charge applies to anyone who cancels service during this period of time, no matter what the cancellation reason is. Harvey Rosenfield who is the founder of nonprofit Consumer Watchdog and Litigation Director Pamela Pressley are heading the case on behalf of consumers. They claim that customers have no notice of the early cancellation penalty prior to their accounts being charged. Jennifer Steinberg, another attorney working the case calls the actions of the company "unauthorized seizure of people's money" and claims the company has refused to stop collecting fees like this.

Numerous people across the country have filed similar cases in regards to the cancellation charges applied to customer accounts without prior warning and without the ability to dispute the charge. In most cases, the customers did not know of the charge until the funds were already taken from their accounts.

DIRECTV has sought to block the state case, since another federal case is currently heard. Last July, Los Angeles Superior Court Judge Emilie H. Elias permitted the federal case to proceed. That case has been delayed at DIRECTV's behest.

October 2, 2009

Yogurt Maker Dannon Settles Activia Lawsuit

Dannon Co was sued for claiming that its yogurt had added health benefits over the competition. The class action lawsuit was filed in Los Angeles federal court last year. It claimed that the company falsely represented Activia, Activia Lite and DanActive products. The class action lawsuit claims that the company tried to convince people of the added health benefits of its probiotics bacteria in an effort to encourage people to purchase the more costly product.

dannon.jpgThe LA Times reports that Dannon has settled the lawsuit. It also agreed to a $35 million fund to be set up to reimburse consumers who purchase these products. The company does not admit to any wrongdoing in the case. It settled the case to, "avoid the distraction and expense of litigation" says the company's spokesman Michael Neuwirth.

The probiotics products are designed to add "good bacteria" to the human intestinal tract. In healthy, young adults, these good bacteria help to keep the body healthy by destroying microorganisms and helping with digestion. The probiotics often need to be supplemented in older people. In the U.S.to claim on a label that a food contains probiotics, it must have proven health benefits through research.

The company has agreed to amendments to its labeling practices. It will make the scientific names of the probiotics more visible on the label and will remove the term "immunity" from the labels of DanActive products. The current label claims that the DanActive product offers a positive benefit to the digestive tracts immune system.

Those who purchased the DanActive products will be able to receive up to $100 per customer, according to the LA Times. Consumers will need to submit a claim form, which must be approved.

The company launched the Activia and DanActive lines in 2006 and 2007 in an effort to boost the yogurt industry. They account for 40 percent of the company's business.