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Alaska Association for Justice
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  August 17, 2017

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Class Action

 
$20 Million Settlement Reached in Uber Proposed Class Action
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On August 11, 2017, ride share giant, Uber Technologies Inc., agreed to a $20 million settlement to end a proposed class action litigation in the Illinois federal court that claimed that Uber violated the Telephone Consumer Protection Act (“TCPA”) when it sent unwelcome text messages to both potential drivers and riders.
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 08/17/2017   Facebook iconTwitter iconLinkedIn Icon
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Laws/Cases

 
Lawsuit Asks NHTSA to Implement 2012 Seat Belt Law
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Two nonprofits have filed suit alleging that the U.S. government has been too slow to warn back seat passengers to use seat belts. The lawsuit was filed against the National Highway Traffic Safety Administration (NHTSA) by The Center for Auto Safety, and Kids and Cars Inc. According to the complaint, the NHTSA has done nothing to implement legislation signed in July 2012 by former President Barack Obama that required the warnings. The lawsuit asks the court to require the transportation administration to implement the seat belt law, which was supposed to take effect by October 2015, within one year.
Jonathan Stempel, Reuters 08/16/2017   Facebook iconTwitter iconLinkedIn Icon
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Albuquerque Baseball Club Facing Lawsuit Over Fan Injury
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The Albuquerque Isotopes baseball club has been hit with a lawsuit by a woman who was struck by a baseball during a game in 2014. The Santa Fe County woman filed suit against the baseball team over the injury she suffered when the ball hit her while she was eating popcorn at the game three years ago. The lawsuit alleges that the team "had a duty to exercise reasonable care to make the premises safe for persons attending baseball games." The team is accused of negligence, including "failing to erect protective screening to prevent baseballs from entering the seating area." The lawsuit seeks damages for past and future medical expenses, loss of household services, loss of income, loss of enjoyment of life, and for “pain and suffering, past and future, in an amount to be determined at trial.”
Staff Report, Santa Fe New Mexican 08/16/2017   Facebook iconTwitter iconLinkedIn Icon
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Philadelphia Building Manager Warned About Maintenance Prior to Crash, Says Lawsuit
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A Philadelphia building manager alleges in a whistle-blower lawsuit that he warned about lax maintenance on an elevator that ended up flying out of control up 15 stories last year. The plaintiff, a former supervisor for the company that manages the city’s Criminal Justice Center, alleges that he warned his company about the lax maintenance and "dummied up" inspection reports that resulted in the elevator crash. He further alleges that he was fired from U.S. Facilities Inc., after he continued to raise safety concerns following last year's crash. The elevator's lone passenger was severely injured and left paralyzed when the elevator unexpectedly "shot upward at more than twice its rated speed, crashed into the top of the shaft, and punched through the concrete floor of the elevator machinery room." The cause of the accident has still not been determined.
Joseph A. Slobodzian, Philly.Com 08/15/2017   Facebook iconTwitter iconLinkedIn Icon
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Products

 
FedEx Supply Chain Recalls Cellphone Batteries
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FedEx has issued a recall on batteries in refurbished cellphones due to fire and burn hazards. As stated in the recall, "The cellphone battery can overheat, posing fire and burn hazards." Included in the recall are refurbished AT&T Samsung Galaxy Note 4 cellphones by FedEx Supply Chain and distributed as replacement phones. FedEx has received one report of a counterfeit battery overheating, but there have been no injuries or property damage reported. The recall includes about 10,200 batteries placed in cellphones which were distributed by FedEx Supply Chain and provided as replacement phones only through AT&T’s Insurance program between December 2016 and April 2017.
Staff Report, Consumer Product Safety Commission 08/16/2017   Facebook iconTwitter iconLinkedIn Icon
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Wrongful Death

 
Judge Dismisses Lawsuit Over Paramedic's Helicopter Crash Death
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A wrongful death lawsuit over the death of a California paramedic who died when his helicopter went down has been dismissed by a federal judge. The Fresno man died when the Skylife air ambulance helicopter crashed in December 2015, prompting his family to file a lawsuit against Rogers Helicopters and American Airborne. The complaint alleged that the defendants were negligent in the maintenance and operation of the Bell 407 aircraft that crashed. A Fresno County Superior Court judge dismissed the lawsuit stating that any compensation for the family should come through the state's workers' compensation system. The lawsuit sought damages for funeral and medical bills and unspecified damages.
Pablo Lopez, The Fresno Bee 08/16/2017   Facebook iconTwitter iconLinkedIn Icon
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Penn Athlete's Suicide Subject of Family's Lawsuit Against School
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The mother of a former track star at the University of Pennsylvania who committed suicide has filed suit against the university. According to the mother's lawsuit, the school failed to report the athlete's suicide attempts prior to his death. Two years after the death of the athlete, the wrongful death lawsuit has been filed against Penn and Robin Martin, his former track and field coach. The lawsuit states that Martin failed to inform the athlete's family or Penn officials about the suicide attempts, constituting “gross negligence and a breach of the duty owed given the special relationship between a student-athlete and his coach.”
Madeleine Lamon, Daily Pennsylvanian 08/14/2017   Facebook iconTwitter iconLinkedIn Icon
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