Berkeley’s cellphone ordinance requiring sellers to tell consumers that keeping their phones too close to their bodies could expose them to dangerous radio-frequency radiation was upheld by a federal judge. The only part that didn’t pass must is a line stating that the risk is even greater for children, which has yet to be proven.
Lawsuits & Litigation
The case may or may not end at the state’s Supreme Court, depending on whether or not the appeal is considered. If the Court declines the appeal, the case will head back to a jury trial in Marion County, however MacGill acknowledged that even a favorable ruling will still make for difficulties, saying that “we have a lot of work to do, and we have to prove a case.” If the Court accepts the case, and depending on the ruling, the state could be held liable for an undisclosed amount of damages.
The city is blaming Wells Fargo for the loss of millions of dollars of potential tax revenue, leading to budgetary limits for services like parks, policing, and libraries. City attorney Barbara Parker said in a statement after the filing, “Wells Fargo’s discriminatory conduct devastated individuals and communities, increasing poverty and wiping out or drastically reducing wealth for minority communities while bankers prospered.”
Adventist Health System, a Florida-based healthcare company, has agreed to pay a $118.7M settlement to the federal government and four involved states over a whistleblower suit alleging an intricate system of kickbacks to doctors for referring patients. Adventist was allegedly offering doctors bonuses, inflated salaries and permission to overbill in exchange for patient referrals.
In what turns out to be one of the largest – and grossest – settlements for bedbugs in a hotel in the state of Maryland, Stacey Belle just got $100K! She stayed one night at the Red Roof Inn at Prince George’s County. She awoke the next morning with itchy welts all over her hand and arms. Upon looking under her pillow, she discovered a swarm of visibly crawling bedbugs.
Soble ruled that the ballots will not be counted, writing, “As a result of the employer’s unlawful support and assistance, I am setting aside the decertification election and dismissing the decertification petition.” Gerawan attorney Ron Barsamian admitted to the violation, however claiming that it was not the crux of the issue, saying “The payment to the decertification petitioners to go to Sacramento was from a source outside Gerawan and may be a technical violation, but it also fails to consider the fact that they were going anyway. The money didn’t make them decide.” The case became the lengthiest labor hearing ever in the state of California, involving over 100 witnesses and six months of testimony.
Tolan’s mother Marian said about the resolution, “Though I still have my son, I’ve had to watch his dreams and part of his spirit die. We’ve given up so much as a family for a chance at justice, a chance at peace, a chance at being whole again. This has been a horrific experience.” While the attorney for the Tolan family Daryl Washington told reporters outside the courthouse, “As Mrs. Tolan has said and as Robbie has said on many occasions this is not about black versus white this is about right versus wrong,”
It is likely that General Motors got off easy both in comparison to Toyota and to future corporate federal prosecutions. Last week, Deputy Attorney General Sally Q. Yates announced major policy changes in the Justice Department for corporate investigations, focusing on prosecuting individuals who are responsible for wrongdoing instead of offering the deferred agreements and taking financial penalties in lieu of criminal charges. The change in policy discourages the probationary deferred prosecution agreements and requires companies to point out wrongdoing by specific employees to receive any kind of prosecutorial credit.GM as a company had been charged with felonies, according to the New York Times, sources familiar with the settlement say no individuals will be charged in the agreement.
Bill Cosby is being sued again. This time, it’s by AIG his homeowner’s insurance carrier. The company does not want to pay to defend his date rape defamation suits. While the policies do cover defamation, AIG states that claims arising from “sexual, physical or mental abuse” are not covered.
Please note this is not the usual response my someday-husband has in such situations. However, this time the wood is bad and is causing many Katrina survivors in the Lower 9th Ward a lot of stress. See, Brad has a huge heart-on for the area and a charitable organization, Make It Right, dedicated to helping.