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Jan

27

Chicago Finally Settles Lawsuits Over 2003 War Protest Arrests

Posted by guest-writer | Posted in Personal Injury News

The city of Chicago has finally settled a lawsuit brought by 16 Illinois citizens who alleged they were wrongfully arrested during a massive anti-war protest in 2003.

According to a report in the Chicago Tribune, the settlement brings an end to years of legal wrangling over the personal injury lawsuit, and observes speculate that this settlement signals a potential end to a much larger dispute involving 800 other people arrested during the protest.

News of the settlement was announced this week by U.S. District Judge Virginia Kendall, who had been prepared to preside over the large class action lawsuit at trial.

Instead of opting for trial, however, the city admitted defeat and agreed to settlement, which could potentially limit the losses the city may have suffered at trial.

Still, the city may have to pay a tidy sum to the plaintiffs, though the financial details of the settlement were not publicly released. Nevertheless, Chicago officials wanted to avoid the costly mistake of taking these disputes to trial, as other cities have recently learned.

In addition to the financial aspect of the wrongful arrest settlement, a member of Mayor Rahm Emanuel’s admitted that the case has changed the way the city’s police force handles large gatherings and protests.

The mayor’s staff cites the police department’s handling of the recent Occupy Chicago protests as evidence of its changed tactics. During the recent Occupy protests, Chicago police gave protestors a chance to leave the streets, and only arrested them if they wanted to make a political statement.

Some city officials, however, remain skeptical that the police force has sufficiently evolved to handle the inevitable large protests that will arrive in Chicago this May, when both G-8 and NATO summits hit the Windy City.

When the G-8 economic summits have taken place at other American, large protests always ensue, and there’s little reason to believe that Chicago will be an exception.

However, other city leaders are confident the police can handle the summits. According to Alderman Patrick O’Connor, “I think if you look at the way we’ve comported ourselves since then, obviously we haven’t had any large protest, but we took lessons from what happened the last time and I think they’ll be incorporated this time.”

At the very least, police will have to avoid the errors of the 2003 protests, when they allowed protestors to gather without a permit and then began indiscriminately arresting bystanders without giving them a warning that they were acting illegally.

Such strong-arm tactics proved costly for the city, and must be eliminated from the force’s repertoire before the city is inundated with an estimated 10,000 protestors this spring.

If things get frisky, Chicago police may have to add more payments to the $5.4 million they’ve had to shell out for police misconduct in the past six months.

Jan

13

Fitness Guru Paralyzed in Elevator Fall Files Injury Lawsuit

Posted by guest-writer | Posted in Personal Injury News

A New York fitness trainer was partially paralyzed after plummeting several floors in a broken elevator, and has filed a personal injury lawsuit against his apartment and the elevator manufacturer.

The trainer, 34-year-old Corey Hill, who lives in New York City and runs popular fitness dance classes, was injured in November when he pressed an elevator button to travel to his apartment building’s lobby and started free-falling to the lobby floor, according to a report from the New York Post.

After the accident, Hill told sources that it was “the scariest thing I’ve ever experienced in my life,” which was notable because Hill has also been sky-diving.

Apparently, the elevator eventually slammed to a halt before it reached the lobby floor, which has led to a dispute between Hill and the property manager.

According to the property manager, Hill spoke with the concierge after the accident and “did not need medical or police attention. By his own admission, Hill says that he thought he was going to be fine, and he did not request an ambulance.

The next morning, however, Hill could barely get out of bed, and he discovered that he had lost most of the feeling in his legs. Doctors diagnosed Hill with paresis, which prevents the brain from communicating with the legs.

After spending several weeks recovering at Beth Israel Hospital, Hill has become more mobile, but he still needs braces to get around town, and he may never regain his ability to walk without some sort of aid. In addition, he is so afraid of taking an elevator that he relies on burly friends to haul him up the stairs to his apartment on the 26th floor.

Due to his injuries, and the physical nature of his work, Hill has been unemployed since the accident and his landlord has started eviction proceedings because Hill is unable to pay his rent.

Because of his injuries and mental anguish, Hill is seeking a personal injury settlement from the manager of his apartment and two elevator companies, Century Vertical Systems and Transel Elevator.

Sources indicate that Transel Elevator also worked on an elevator just before a fatal accident involving an ad executive in New York last month, which suggests that the company probably has a large legal team prepared to fight the charges.

The case, however, will not be an automatic win for Hill, as the property manager appears ready to fight, as well. According to the manager, Hill’s lawsuit has no merit and the apartment building has video evidence that refutes Hill’s claim.

In addition, Transel Elevators claims that it has not done work on the elevators in the building since April 2010, although this claim does not necessarily excuse them from liability for the malfunctioning elevator.

Jan

4

Muslim Leaders File Lawsuit After Pilot Kicks Them Off Plane

Posted by guest-writer | Posted in Personal Injury News

After a strange incident in which they were kicked off a flight with little in the way of an explanation, two Muslim imams from Memphis have filed a personal injury lawsuit against Delta Airlines for the alleged deprivation of their civil rights.

In their lawsuit, which was filed at the end of the year, the two religious leaders claim that they were booted from the plane based solely on their appearance, according to a report from WREG News in Memphis.

The series of events that led to their dismissal from the plane were bizarre. First, according to the men, Masudar Rahman and Mohamed Zagloul, they passed through an initial security checkpoint with no trouble.

Then, the men, who were dressed in traditional religious garb, were subjected to a second search at the checkpoint, which they also passed with no incident.

However, shortly after the men boarded their flight, which was headed to Charlotte, the plane returned to the gate and the two religious leaders were asked to step off the flight.

After they left the plane, the men were subjected to a third search, which again did not reveal anything suspicious, and they were told they could re-enter the aircraft. The pilot, however, refused to let them on the plane, so the men missed their flight and a conference they were supposed to attend in Charlotte.

According to their lawsuit, Rahman and Zagloul claim that they were given no explanation for the pilot’s refusal to let them board the plane. The men believe that they were discriminated against based on their beards, their clothing, and their foreign appearance.

Since the incident, the two men have had no trouble flying (which they frequently do, as Rahman is a renowned professor at the University of Memphis), which adds even more mystery to their shunning by Delta Airlines.

When interviewed by local media, the men claim that they simply want to prevent similar discrimination from striking other people, and they do not suggest that they are only seeking monetary damages.

The airline, however, is staying quiet. In a brief statement, the company that owns Delta Airlines says that it cannot comment on a pending lawsuit, but it did claim that its employees always act in the best interest of passengers’ safety.

The issue of racial profiling at airports has drawn a considerable amount of attention in recent years, and many people with foreign attire or appearances have complained of discrimination at various American airports.

If you or a loved one has been the victim of such actions, consider contacting a local injury attorney to learn more about your legal rights. There is a fine line between protecting the safety of passengers and allowing reasonable freedom of movement for other citizens. Sometimes airlines have a hard time recognizing this distinction.

Dec

21

Hulk Hogan Files Defamation Lawsuit Against Former Wife

Posted by guest-writer | Posted in Personal Injury News

Former professional wrestler Hulk Hogan recently filed a personal injury lawsuit against his wife, for her alleged soiling of his reputation by spreading false rumors in a newly released biography.

Hogan, whose real name is Terry Bollea, claims that his former wife, Linda Bollea, is guilty of defamation because she falsely accused him of abusing her and engaging in a gay affair, according to a recent report in the Tampa Bay Times.

In his lawsuit, which runs almost 20 pages in length, Hogan says that Bollea’s recently published book, “Wrestling the Hulk—My Life Against the Ropes,” contains false allegations that threaten Hogan’s career.

Hogan also claims that his former wife’s biography was published in an ill-fated attempt to revive her career, which hit a rough patch after the couple’s reality television show was canceled a few years ago.

For her part, Bollea, who divorced her famous husband in 2009, claims that the allegations in the book are true, and that Hogan is filing the lawsuit in an attempt to improve his public image and, if possible, regain money he lost in the divorce.

Sources indicate that Hogan was particularly upset by Bollea’s allegations that he repeatedly abused her by choking her and dragging her by the hair.

Bollea even supported these claims on several televised talk shows, where she claimed she was concerned about becoming a “statistic” and meeting the fate of Nicole Brown Simpson, who was famously killed in 2004, though her husband, former football star O.J. Simpson was acquitted of murder charges.

When asked by reporters why she hadn’t contacted police after the incidents of domestic violence, Bollea claimed that she didn’t want the family’s “livelihood” to be harmed—this, presumably, means that she didn’t want to affect Hogan’s wrestling career.

In addition to the charges of abuse, Hogan is also seeking a personal injury settlement for his wife’s allegedly false accusation that he had an affair with another male wrestler.

Both the abuse and sex allegations, according to the lawsuit, are false, and they “harmed the reputation of Mr. Bollea, exposed him to distrust, hatred, contempt and ridicule,” and hurt his ability to make money in the future from his various business interests.

Hogan wants to pursue a jury trial and is also seeking an injunction that would prevent his former wife from making similar accusations in the future.

Critics of the lawsuit, though, are quick to note that Linda Bollea took more than 70 percent of the couple’s liquid assets in their divorce settlement, which may have infuriated Hogan more than the allegedly false accusations.

Nevertheless, the court will address the case on the merits of Hogan’s claims relating to the defamation of his character, regardless of his need for cash or revenge.

Dec

19

Student Protestors Sue University of California for Police Brutality

Posted by guest-writer | Posted in Personal Injury News

Against the backdrop of rising tuition costs and increased tensions between campus officials and students, a group of students at the University of California in Berkeley have filed a police brutality lawsuit against their school, further fanning the flame of discontent amongst California’s youth.

The latest clash between students and police was fostered by the introduction of a protest movement inspired by Occupy Wall Street, Manhattan-based protest against the current economic order that has capture the nation’s attention in recent months.

The Occupy Wall Street movement has spawned hundreds of similar protests across the country, with almost every major American university seeing at least a small group of dedicated protestors promoting their cause.

In the wake of this trend, it’s little surprise that students at UC-Berkeley, known for its students’ relatively liberal stances on social issues, created a robust Occupy movement on their own campus. It seems, however, that the protest has created serious tensions at the school.

According to a report from the San Jose Mercury News, a group of two dozen protestors recently filed a file a personal injury claim against UC-Berkeley for an alleged instance of police brutality directed against students who tried to establish an Occupy site on campus.

The lawsuit was filed this week in federal court, and the complaint alleges that, this November, 24 students and community members were subjected to jabbing, clubbing, and hair-pulling by police officers who were aggressively using their batons.

The unfortunate clash between the protestors and the police occurred after the students had attempted to set up tents on the campus next to Sproul Plaza.

Video footage that was allegedly taken of the incident was widely distributed on the Internet, which led to a public outcry and may provide key evidence during the police brutality case.

After the footage was released, the school’s chancellor issued a public apology on the University’s behalf, and the school launched several official investigations aimed at discovering exactly how the incident occurred.

Sources indicate that the school has not officially responded to the lawsuit, but a University spokeswoman reminded reporters that the school is still actively pursuing numerous investigations.

This incident and lawsuit, alas, are not the only turmoil striking a California school. A few weeks ago, students at UC-Davis made national headlines after they were pepper-sprayed by an allegedly overzealous campus police officer.

Protests over this incident culminated in a bizarre scene on the UC-Davis campus, when the school’s chancellor left a late-night meeting and walked to her car through two rows of completely silent students.

With Occupy protests continuing to gain steam on California campuses, and the state’s students facing skyrocketing tuition and fees due to the economic crisis, clashes between students and campus officials may grow in frequency. With any luck, though, both students and police will refrain from resorting to violent tactics.

Dec

12

Alleged Victim Files Sexual Abuse Lawsuit Against Jerry Sandusky

Posted by guest-writer | Posted in Personal Injury News

Former Penn State football coach Jerry Sandusky is already facing a criminal trial over his alleged sexual abuse of young boys, but now he must defend himself against a sexual abuse lawsuit filed by a man who claims to have been victimized by Sandusky.

In court papers filed last week, the accuser claims that Sandusky sexually abused him more than 100 times over a four-year period. In addition, the alleged victim says that Sandusky threatened to harm the boy’s family if he told others about the abuse.

The man who brought the lawsuit remains anonymous, though he is now 30 years old, according to a report in USA Today. The man claims that Sandusky began abusing him when he was 10 years old.

This week’s lawsuit represents the first civil action taken against Sandusky, whose alleged abuse of multiple children in Pennsylvania has captured national headlines and shattered the tranquility of the otherwise quiet Penn State campus.

Sandusky is already facing 40 criminal counts of sexual abuse towards at least different victims. The criminal charges are separate from the sexual abuse lawsuit filed by 30-year-old accuser last week.

The alleged victim was a participant in the Second Mile program, a charity created by Sandusky for at-risk children. Several other accusers of Sandusky have also had connections to the Second Mile charity.

Sources indicate that the lawsuit claims Sandusky abused the boy in several different locations, including a locker room at the university, inside Sandusky’s home, and during a trip to a football bowl game for Penn State.

Through a statement released by his personal injury attorney, the alleged victim said he was seeking a sexual abuse settlement because he didn’t want other kids to be “hurt and abused by Jerry Sandusky.”

The man also said, “I never told anybody what he did to me over 100 times at all kinds of places until the newspapers reported that he had abused other kids and the people at Penn State and The Second Mile didn’t do the things they should have to protect me and the other kids.”

The man became convinced to come forward after he felt “even more tormented” when he learned “of so many other kids” who were allegedly abused after him.

In his lawsuit, which was filed against Penn State, Second Mile, and Sandusky, the man is seeking at least $400,000 in damages.

The failure of both Penn State and Second Mile officials to detect and report Sandusky’s alleged activities has raised a national furor.

Columnists across the country have derided former Penn State head coach Joe Paterno for failing to take adequate measures to protect innocent children from the alleged abuse delivered by Sandusky.

Sources indicate that Penn State, Second Mile, and Paterno himself will almost certainly have to defend themselves in more civil lawsuits arising from the incident.

Dec

7

Product Liability Lawsuit Says Baby Formula Was Tainted with Beetles

Posted by guest-writer | Posted in Personal Injury News

Parents have thousands of safety concerns about their children, but these worries are usually limited to traditional parental worries like speeding cars, sharp objects, and the pernicious influence of older neighborhood kids.

Finding beetles in baby formula, however, is not a widely reported problem. But concerns about contaminated baby food may soon grow after a recent grisly incident in Utah.

According to the Salt Lake Tribune, a couple from Sandy, Utah has filed a personal injury lawsuit against Abbott Laboratories and its subsidiaries after the company allegedly produced an infant formula that contained bits of dead beetles and beetle larvae.

The lawsuit says that the parents, Adam and Amanda Oettli, relied on the company’s assurances that its products were secure when they fed their child Similac baby formula for at least eight months beginning in March 2009.

In the lawsuit, the parents allege that they found small parts of beetles in the formula, and that these insect pieces caused their child to become very ill for a period of several months.

The couple alleges that their baby suffered from a wide range of ailments, including constipation, stomach discomfort, projectile vomiting, severe gas, extensive crying, loss of appetite, and intensive acid reflux.

Sources indicate that the lawsuit also alleges that the child continued to experience symptoms for months after it stopped using the formula. The defendants may use this information, though, to argue that the formula may not have directly caused the baby’s ailments.

Despite questions about the validity of the lawsuit, the parents’ case may be strengthened by Abbott’s prior admission that some of its products may have contained insect debris.

In September 2010, the company recalled its Similar powder products after an internal company review found that there was a “remote possibility” that a small beetle was present in “the product produced in one production area.”

Even though this statement appears to be drowning in cautious corporate jargon, it does serve as a startling admission that the company was aware of possible contamination by beetles in its signature baby formula product.

And, in further harmful evidence for the defendants, at least four different complaints were filed with the Food and Drug Administration about Similac products before the company announced the recall.

These facts, according to the couple’s lawsuit, suggest that Abbott was aware of the possible contamination while it was selling the product. The plaintiffs allege that Abbott only called for a recall after the public became aware of the beetle contamination.

This certainly wouldn’t be the first time that a corporation was reluctant to recall a popular product due to a small risk of contamination, but it should be noted that, if these allegations are true, Abbott could face a rude awakening in court.

In their lawsuit, the parents and their personal injury attorney are seeking an unspecified amount of damages.

Nov

24

Man’s Family Sues Church After Underground Boxing Death

Posted by guest-writer | Posted in Personal Injury News

The family of a young man who died during an underground boxing match at an Oklahoma church has filed a lawsuit in an effort to seek legal relief.

According to a report from ESPN.com, 24-year-old George Clinckscale, a former football player at the University of Tulsa, recently died after participating in an unsanctioned boxing match in the basement of a Tulsa church.

Sources indicate that Clinkscale became ill during a fight, and was taken to a local hospital when he looked visibly distressed. Later that night, Clinkscale died at the hospital.

As a result of the tragic incident, the parents of Clinkscale have filed a wrongful death lawsuit against GUTS Church. In their lawsuit, Clinkscale’s parents claim that the church was negligent in promoting an illegal and dangerous underground fight.

Boxing matches are typically governed by state athletic associations, which are tasked with ensuring the safety of participants. In Oklahoma, the Oklahoma State Athletic Association must license a boxing event in order for it to be officially sanctioned.

The boxing match in which Clinkscale died was a part of “Fight Night VI,” an event sponsored by GUTS Church. Joe Miller, the leader of the Oklahoma State Athletic Association, told sources that his agency had not licensed the fight.

Since the fight was not officially sanctioned, athletic association authorities have handed the investigation of the incident over to the state attorney general’s office.

Miller reminded reporters that, if the event had been officially licensed, qualified referees and trained medical personnel would have had to be on hand.

Miller expressed his desire that the incident would serve as a warning to people who planned to hold illegal boxing events in the future. In his words, “I really hope this opens up some eyes.”

Clinkscale’s death struck the Tulsa community particularly hard, as he was a popular linebacker for the Tulsa Golden Hurricane from 2005 to 2009. His football coach described him as an “extremely passionate and bright young man” and lamented his passing.

In their lawsuit, Clinkscale’s family is seeking payment for actual damages, as well as at least $75,000 in punitive damages. Clinkscale had two young children at the time of his death.

Needless to say, the incident has offered some unwelcome publicity for GUTS Church, which is known in the Tulsa community for its sometimes extravagant fundraisers and inventive promotional efforts.

While the Clinkscales may be eager to take their wrongful death claim to court, history suggests that the dispute will be settled outside of court, perhaps leading to a personal injury settlement in the family’s favor.

Of course, as with any personal injury claim, it is impossible to predict exactly how the dispute will be settled.

One prediction, however, that may safely be made is that GUTS Church will likely avoid holding unsanctioned boxing nights for a long time.

Nov

15

Lawmaker Looks to Repeal Limits on Sex Abuse Lawsuits

Posted by guest-writer | Posted in Personal Injury News

Under a law passed in 2010, residents of South Dakota who were child victims of sex abuse face a strict statute of limitations that sets a timeframe in which they are able to file a sexual abuse lawsuit.

This controversial law set forth a rule that limits the ability of any adult over the age of 40 to seek personal injury relief for an abuse that occurred in his or her childhood.

Specifically, adults over 40 may only file a lawsuit against the perpetrator for sexual abuse crimes, and not other members of an institution that may have ignored the abuse.

In response to this law, which has proved unpopular with victim’s rights groups, South Dakota legislator Steve Hickey, a Republican from Sioux Falls, proposed a bill that would repeal the 2010 law and return the state’s sexual abuse statute of limitations to its prior conditions.

According to a report in the Rapid City Journal, the circumstances surrounding the passage of the 2010 lawsuit limits were very controversial.

Efforts to pass the law were reportedly led attorney Steven Smith, who, at the time, was representing St. Joseph’s Indian School in Chamberlain, S.D. Several former students had charged teachers at the school with sexual abuse.

In the St. Joseph’s lawsuit, several Native American plaintiffs had alleged that numerous different incidents occurred over a course of many years at the school, which was affiliated with the Catholic Church.

In their lawsuit, the plaintiffs were seeking compensation from the alleged abusers, as well as the school and the Catholic Church.

Hickey alleges that Smith proposed the 2010 law in order to limit the expenses that the church and its overarching institution would have to pay the plaintiffs in the event of a successful lawsuit.

In response to the new law, Hickey also claims that the new rule completely ignores the reality of sexual abuse towards children. According to Hickey, child victims are often well into adulthood before they have the necessary emotional tools to bring sexual abuse accusations.

As he told the Rapid City Journal, victims of sexual abuse are often “well into their 30s, 40s, and 50s when they hit bottom” and decide to pursue a personal injury settlement for their injuries.

In addition, Hickey believes that “it’s not the business of the Legislature to determine which cases have merit and which don’t.”

Supporters of the 2010 law, however, observe that it was openly debated in the Iowa Legislature, and that it was supported by a majority of state lawmakers.

Moreover, proponents of the current law state that it still gives sexual abuse victims ample time to file a lawsuit, and that it is far less strict than similar statutes in other states. Colorado, for example, sets a limit at age 30 for people who want to file sexual abuse lawsuits stemming from childhood incidents.

Of course, this claim also ignores that many other states have no such age limitations at all.

Oct

31

Grandmother Files Injury Lawsuit After Drug Agents Raid House

Posted by guest-writer | Posted in Personal Injury News

A wild incident in Colorado Springs in which a SWAT team stormed an elderly women’s home has left local residents questioning the aggressive tactics of federal law enforcement officials in their efforts to win the so-called “war on drugs.”

Recently, 71-year-old Rose Ann Santistevan filed a personal injury lawsuit against the FBI and local police authorities after she suffered a heart attack during a misguided drug raid in 2009.

According to The Gazette, a Colorado Springs newspaper, Santistevan was alone in her house receiving oxygen treatment for her emphysema when a SWAT task force stormed into her home with their guns drawn.

Immediately before storming into her home, the SWAT team also lobbed a “flash-bang” grenade into the home. The shock of the grenade and the fear induced by the guns caused Santistevan to suffer a major heart attack.

After the incident, the grandmother spent several days in critical condition at a local hospital while she was recovering from the heart attack.

In her lawsuit, Santistevan is seeking compensation for her medical bills, as well as non-physical injuries such as pain and suffering. She also claims that, even though the officers had a valid search warrant, their actions were “extreme, unreasonable and outrageous.”

Sources indicate that this embarrassing incident represents another black eye for a large-scale drug fighting operation called—and this is honestly what it is named—Operation Jeez Luis.

The indelicately named operation was a seven-month operation aimed at apprehending several different drug dealers in the Colorado Springs area. The FBI led the operation, but it was joined by city and county law enforcement officials.

Previously, Operation Jeez Luis received negative press after one of its paid informants tried to kill a man from whom he was supposed to be gathering information for the FBI. The relatives of the man who was nearly killed in this incident are also seeking a personal injury settlement in federal court.

In the case of Santistevan, law enforcement officials allege that some of her sons were implicated in the drug ring that was the focus of Operation Jeez Luis.

A local judge issued a search warrant for the elderly woman’s home after police saw one of the sons bring a birthday cake into Santistevan’s home.

The FBI theorized that the son was hiding drugs in her home, and possibly shuttling drugs in and out of the home in items such as birthday cakes.

Unfortunately for the police, a thorough search of the home after Santistevan’s heart attack revealed no signs of illegal narcotics.

In the woman’s lawsuit, she alleges that the police should have known she was alone in the home, and that she was susceptible to potential health troubles due to her disabled condition.

Oct

26

Sarah Palin Threatens Libel Lawsuit Over Unflattering Book

Posted by guest-writer | Posted in Personal Injury News

According to a recent report in the International Business Times, Sarah Palin is considering filing a lawsuit against the author of a biography that lists salacious details about the former vice presidential candidate’s past life.

The book, “The Rogue: Searching for the Real Sarah Palin,” was written by Joe McGinniss, who prepared for the book by moving into a house next door to the Palin’s Alaska estate.

McGinniss was heavily criticized by Palin and her supporters for moving in next door, but the contents of the book have proven far more controversial than the author’s living arrangements.

The book contains a number of tawdry anecdotes, including stories about Palin’s alleged romance with former NBA star Glen Rice, as well as the former governor’s alleged use of cocaine on a snowmobiling trip.

In his book, McGinniss also alleges that Palin was a wildly ineffective governor, and that she spent most of her time worried about her rise to national fame rather than tackling the state’s pressing problems.

Palin has not taken the publication of the book lightly. In a recent email sent by her attorney, Palin accuses McGinniss and his publisher, Random House, of publishing “lies and rumors presented as fact.”

Palin and her attorney are reportedly mulling the possibility of filing a defamation lawsuit. If the book did, indeed, publish lies or rumors as facts without substantiating their validity, then Palin may have some traction in a defamation lawsuit.

The potential problem, however, with a defamation lawsuit is that Palin would have to conclusively prove that the allegations in the book were untrue. This poses a very difficult burden of proof for Palin, particularly because most of the events happened several years ago.

In addition, Palin and her personal injury lawyer would have to disprove embarrassing allegations, such as the liaison with Glen Rice or the use of illegal drugs, which would likely keep these events in the news for a longer period of time.

And winning a libel or defamation lawsuit in the United States can be very difficult for celebrities, as courts tend to view public figures as fair game for criticism and satire.

Palin might also have a hard time discrediting McGinniss, a seasoned reporter who does not seem flustered by her threats.

McGinniss also took steps when he wrote the book to protect himself from litigation. For example, he corroborated many of his stories with details from multiple sources, though many of them remained anonymous.

Due to the potential difficulty of disproving the book’s allegations, and the likelihood that a lawsuit would lead to further negative media attention, most experts believe that Palin will not actually file a legal claim.

However, given the unpredictability of Palin’s actions, and her strong defense of her public reputation, Palin v. McGinniss may soon be coming to a courtroom near you.

Oct

12

Injury Lawsuit Filed in Wake of Indiana Stage Collapse Deaths

Posted by guest-writer | Posted in Personal Injury News

An ambitious personal injury lawsuit recently filed in Indiana is asking a state court to overturn a state limit on punitive damages, while also pushing for enhanced litigation rights for gay and lesbian partners in wrongful death lawsuits.

According to CNN, the lawsuit stems from a tragic accident in August at the Indiana State Fair, where seven people were killed and 40 people were injured after a stage collapsed during a freak wind storm.

The woman who filed the lawsuit, Alisha Brennon lost her long-time partner, Christina Santiago, during the stage accident. The two partners had been civil rights activists for several years, and had recently obtained a civil union partnership in Illinois.

In the lawsuit, Brennon and her attorney are pushing for the court to relax the state’s mandated $5 million cap on the amount of punitive damages personal injury plaintiffs can seek at trial.

Brennon’s suit alleges that this cap unfairly limits the amount of damages injured parties can pursue in court.

If the court decided to relax the punitive damages cap, it would be an unprecedented decision, as such limits are set by state legislatures and rarely challenged by courts.

Nevertheless, Brennon believes that the law establishing the cap is unfair, particularly its “first come, first serve” provision, which limits potential damages stemming from a single accident to the victims who file lawsuits first.

In the words of Brennon’s attorney, by limiting the potential damages victims may receive in a personal injury settlement, the Indiana legislature is “attempting to throw a bowl of crumbs to a bunch of pigeons.”

In her lawsuit, Brennon is also challenging the state’s position on gay and lesbian rights in wrongful death lawsuits involving their partners or spouses. According to Brennon, gay and lesbian victims are not afforded the same legal rights as same sex couples.

While Brennon’s lawsuit has a very wide scope, she is also seeking compensation for severe head injuries suffered after the stage collapsed.

The collapse occurred when the stage’s scaffolding fell during a thunderstorm. The stage then toppled onto fans in the front row of the concert venue. The collapse occurred just minutes before the country band Sugarland was planning to perform.

In her claim, Brennon alleges that the concert organizers negligently failed to prepare the stage for the concert, and were also reckless in allowing the show to proceed during a serious storm.

She also alleges that the limited amount of punitive damages injury victims may seek in Indiana allows large businesses to act recklessly, knowing that they won’t be punished too severely in an injury lawsuit.

While this argument may have some merit, Brennon faces an uphill battle as she tries to convince an Indiana court to overturn a state-imposed cap on punitive damages, a feat that has never been accomplished before.

Oct

5

Gay Employee Sues Jesse Jackson for Sexual Harassment

Posted by guest-writer | Posted in Personal Injury News

Rev. Jesse Jackson is facing a nightmare legal headache after a former employee of Jackson and his Rainbow PUSH Coalition, a nonprofit organization, filed a discrimination lawsuit alleging sexual harassment.

According to Gawker.com, Tommy Bennett, a former Rainbow PUSH staffer, claims in his lawsuit that Jackson and other employees discriminated against Bennett because he was gay.

In addition, Bennett alleges that Jackson himself sexually harassed him, and that he was often forced to bring women to Jackson’s hotel rooms and “clean up” after Jackson’s sexual encounters.

Bennett, who worked for the Rainbow PUSH Coalition as the National Director of Community Affairs for two years, further alleges that a fellow staffer, Caroline Wiggins, asked to be transferred out of his department after learning he was gay.

In his complaint, Bennett also claims that Wiggins led a prayer saying “bind these homosexual spirits that are in the office” and asked God to “get these homosexuals out of there and do it in Jesus’ name.”

In a rather sophomoric display, Wiggins also allegedly made a “limp hand gesture towards Bennett” whenever he walked down the hallway.

After these incidents occurred, Bennett filed formal complaints with Jackson and the human resources department at PUSH, but never received a response. Bennett also filed a sexual discrimination complaint with the Illinois Department of Human Rights in 2010.

Even after Wiggins left the organization in 2008, Bennett claims that he was subjected to further humiliation by Jackson himself.

Bennett’s lawsuit alleges that he was often asked to escort women to Jackson’s room and “clean up his room after sexual intercourse with women.”

Another bizarre incident allegedly occurred when Bennett was packing Jackson’s bags for a trip to Tanzania, and Jackson expressed his displeasure with Bennett’s packing abilities by screaming unprintable obscenities at him.

Perhaps the most damning allegation in the lawsuit surrounds Bennett’s claim that Jackson made sexual advances towards him by describing, in lurid detail, a time when Jackson received oral sex from a teacher.

In their defense, both Jackson and the Rainbow Push coalition have strongly denied what they describe as Jackson’s “false claims of harassment, retaliation and discrimination.”

Jackson has had a long and storied career fighting for civil rights, ranging from his early days as a companion of Dr. Martin Luther King, to his failed presidential campaign, to his current status as a respected veteran of the civil rights movement.

In a statement, Jackson and the Rainbow PUSH Coalition say they do “not condone or tolerate discrimination in any form,” and plan to fully cooperate with any investigation.

In his lawsuit, Bennett, with the help of his personal injury attorney, is seeking $98,300 in lost income and benefits and the much larger sum of $350,000 for punitive damages.

Sep

28

Two Maryland Police Officers Charged with Felony Assault After Beating Students

Posted by guest-writer | Posted in Personal Injury News

Police officers have an extremely difficult job. The challenges brought on by their line of work only increase when the police are tasked with controlling unruly crowds.

There is, however, a distinct line between the use of necessary force and engaging in gratuitous acts of violence. Two Maryland officers may have recently crossed this line.

According to the Washington Post, two police officers in Prince George’s County, Maryland, have been indicted on felony assault charges after beating a young college student, who suffered a serious personal injury in the altercation.

The allegedly unprovoked beating occurred in 2010 after the University of Maryland defeated Duke University in a marquee basketball game.

The injured student, John McKenna, who is now 22, was celebrating in the streets of College Park, Maryland, after the Terrapins’ victory.

Sources indicate that a video taken by another student shows James Harrison and Reginald Baker, the two officers charged with felony assault, pushing McKenna into a concrete wall and striking him repeatedly with a police baton.

McKenna had approached a gathering of mounted police, but had stopped short of the officers. As he began to back away, the video’s grainy footage allegedly shows the two officers moving forward and pushing the student into a wall.

After McKenna struck the wall, a third officer allegedly dismounted from his horse and struck McKenna with his baton.

McKenna’s personal injury lawyer claims that his client suffered a concussion and needed staples to close the wound in his head.

The incident came in the midst of police concerns after the victory of Duke, an event which typically fosters feelings of great joy on college campuses across the country.

Harrison and Baker, among other police officers, had been dispatched to the area in full riot gear.

For his efforts, McKenna was also charged with attacking policemen on horseback, but sources suggest that video of the event does not reveal such an action.

Harrison and Baker are both being charged with first-degree assault for the alleged act of police brutality. This crime carries a maximum sentence of 25 years in prison.

An investigation into the matter didn’t begin until the footage of the incident was released by a student. The film caused a public outcry in College Park, and brought unwanted national attention for the local police force.

In his defense, Baker’s attorney says his client has an “unblemished” record after serving the police department for more than 18 years.

Undoubtedly, Baker and Harrison will cite the unruliness of students on the night of the assault as the reason for their allegedly aggressive behavior.

However, in a match between an unarmed student and police on horseback, the court may conclude that the police took advantage of their superior strength.

Sep

22

Texas Man Sues Aloe Vera, Inc. After Barrel Explodes in his Face

Posted by guest-writer | Posted in Personal Injury News

A Texas man recently received an unwelcome surprise when an empty barrel exploded while he was modifying the barrel with a cutting torch. The explosion tossed the man 20 feet and caused him to suffer severe injuries.

In search of justice, the unlucky Texas resident, Allan Lynn Clyburn, and his wife, Nina, have filed a personal injury lawsuit against Aloe Vera of America Inc., the original manufacturer of the barrel.

The cause of the explosion is as bizarre as the incident itself. According to the Southwest Texas Record, the incident occurred in 2009 when Clyburn was using a cutting torch to modify an industrial barrel so he could use it as a deer feeder.

When the cutting torch first made contact with the barrel, the torch initiated a massive explosion. The force of the explosion sent Clyburn flying several feet, and he allegedly suffered several broken bones, as well as second and third degree burns.

After the explosion, further investigation revealed that the barrel had originally held more than 300 pounds of rubbing alcohol, also known as isopropyl alcohol.

After the barrel was emptied of most of the rubbing alcohol, Aloe Vera of America, Inc. allegedly sold the barrels to someone in the small town of Ben Wheeler, Texas. Later, this individual resold one of the barrels to the unlucky plaintiff in this dispute.

Sources indicate that Clyburn had been under the impression that the barrel was chemical-free and safe for modification. Alas, this turned out to be a mistaken assumption.

The success of Clyburn’s lawsuit will likely depend on whether he is able to prove that the defendant negligently failed to clean the barrels after their original use.

Regulations set forth by the Environmental Protection Agency and the Department of Transportation provide rules for the proper disposal of barrels that may hold trace amounts of rubbing alcohol residue.

In his negligence lawsuit, Clyburn alleges that the defendant failed to follow these regulations.

Specifically, Clyburn claims that the defendant committed gross negligence by selling the barrels despite knowing that they still contained dangerous residue, as well as selling the barrels to a reseller whom they knew did not have the necessary equipment to properly clean the barrels.

Under negligence tort law, the defendant in this case may very well be liable for Clyburn’s actions if the lawsuit’s allegations are true.

Manufacturers and distributors of toxic or dangerous materials often have very strict responsibilities for the disposal of their products, even after they have been sold.

In other words, Aloe Vera’s sale of the barrels to a middleman did not automatically cut off their legal liability.

Incidents such as the one suffered by Clyburn are more common than many people think. If you’ve been injured in an industrial accident, contact a local injury lawyer today to learn more about your legal options.

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