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  May 22, 2019

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Class Action

 
Class Claims Filed over Violations of the ADA in New York City Subway System
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On May 15, 2019, a group of physically disabled New York City residents filed proposed class claims against the Metropolitan Transportation Authority (“MTA”) and the New York City Transit Authority alleging that the defendants are in violation of the Americans with Disabilities Act (“ADA”) by failing to install elevators or other stair-free routes in New York City subway stations. In the complaint, plaintiffs Lisa Forsee, who uses a walker, walking cart or two canes for mobility, Vincent Russell, who uses a manual wheelchair for mobility, and Jean Ryan, who uses a power wheelchair, all allege that of the City’s 472 subway stations fewer than 25% are accessible to people whose disabilities make the use of stairs difficult, dangerous or impossible.
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 05/22/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Counsel Financial    

'Root Cause' Report Shows SoCalGas Was Negligent in 2015 Explosion
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Attorneys for plaintiffs in a lawsuit against Southern California Gas Co. say an investigation into a 2015 explosion shows the utility was “negligent” and “reckless” in managing the Porter Ranch natural gas storage facility. A “root cause” report released Friday shows that the utility failed to perform necessary inspections following reports of potentially dangerous gas leaks at the underground facility at Alice Canyon. Over 7,000 residents are included in the class action case against the gas company.
Ethan Varian, Los Angeles Daily News 05/20/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Los Angeles Daily News    


Laws/Cases

 
Boston Couple Injured in Building Collapse Files Lawsuit
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A couple injured during a building collapse in Boston has filed a lawsuit against the property owner. The couple was seriously injured when the façade and parapet of a commercial building suddenly collapsed in November 2018. According to their lawsuit, the woman suffered life-threatening injuries, including multiple fractures and a hand injury that required the amputation of a finger on her dominant hand. Her boyfriend was also injured in the collapse. Named as defendants in the lawsuit are the building's owners and managers.
Staff Report, PR Newswire 05/20/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: PR Newswire    

Port Hueneme Settles Harassment and Discrimination Suit Filed by Longtime Employee
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The city of Port Hueneme, California, has reached a settlement in a sexual harassment lawsuit filed by a former city employee. The plaintiff alleged she was repeatedly harassed by a City Council member who discriminated against her because of her gender. The woman retired from the city after working there for 22 years. According to the settlement, the plaintiff will receive $550,000 and the city admits no wrongdoing.
Arlene Martinez, Ventura County Star 05/19/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Ventura County Star    

EEOC Sues Cardinal Health and AppleOne Over Alleged Racial Harassment
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The Equal Employment Opportunity Commission has filed suit against Cardinal Health and AppleOne alleging racial harassment and retaliation. The recently filed lawsuit accuses the companies of harassing black employees and allowing harassment by their co-workers to continue. According to the complaint, filed in U.S. District Court for the Central District of California, black employees were subjected to ongoing and unwelcome harassment based on their race.
Staff Report, The National Law Review 05/21/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: The National Law Review    


Wrongful Death

 
Albany Nursing Home Hit With Lawsuit Over Resident's Death
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A nursing home in Albany, New York is facing a wrongful death lawsuit filed in U.S. District Court in Albany by the family of a deceased resident. The lawsuit alleges staff at Albany County Nursing Home staff failed to adequately feed, clothe, wash and medicate the 73-year-old man who died at the facility in March 2018. As alleged in the complaint, the director of the facility stated that grievances made to the state Health Department about the facility would be "lost."
Rachel Silberstein, Albany Times Union 05/21/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Albany Times Union    

Trial to Take Place in Case of California Fatal Fallen Tree Accident
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A California judge says a lawsuit over the death of a woman who was hit by a fallen tree can go to trial this fall. Norwalk Superior Court Judge Kristin S. Escalante says plaintiffs in the lawsuit over the death of the woman can take their lawsuit against the city to trial. The 61-year-old woman died after she was struck by a fallen tree at a wedding party in Whittier in 2016. The lawsuit was filed against the city and alleges wrongful death and that a dangerous condition of public property existed.
Staff Report, Whittier Daily News 05/20/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Whittier Daily News    



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