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Showing posts with label Damages. Show all posts
Showing posts with label Damages. Show all posts

Friday, January 3, 2014

Justice for asbestos victims

Today's post was shared by Linda Reinstein and comes from you.38degrees.org.uk

Dear Lord Freud The 2013 Mesothelioma Bill in its current form is unfair and punitive. It imposes arbitrary deadlines on already-vulnerable people, depriving them of vital compensation.We call on you to amend the bill to ensure that everyone who is affected by asbestos exposure get 100% of the compensation owed to them.
Anyone who is exposed to asbestos at work, and subsequently develops mesothelioma cancer, is entitled to compensation from their employer. However, many people can’t be paid compensation because they can’t track down the company who insured their employer at the time of exposure, which could have been many decades ago.The government is currently legislating to set up a scheme where they will compensate those affected if they can’t find the relevant insurer. However, they’ve imposed a cut-off date of 25th July 2012 so anyone diagnosed before that date can’t claim from the new scheme. This arbitrarily punishes people struggling with life-threatening illnesses.And they’ve capped the compensation someone can claim to 70% of the average compensation paid through the civil court system. This robs people of vital funds they need at a difficult time of their lives. This government is crippling individuals, to save themselves pennies.Sign this petition and demand fair, compassionate treatment for all asbestos-affected people.

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Thursday, November 28, 2013

Injured plant worker is awarded $28 million

Today's post was shared by votersinjuredatwork and comes from www.kansascity.com

A plant worker in Lebanon, Mo., has been awarded $28 million after a jury found an air conditioner compressor manufacturer responsible for causing a serious respiratory injury.
The jury verdict, reached last week in Laclede County, Mo., requires Copeland Scroll Compressors LLC to pay Philip Berger $23 million in punitive damages and $5 million in actual damages. Berger was represented by the Independence law firm of Humphrey, Farrington & McClain.
The worker contracted a lung inflammation after allegedly being exposed to mold, microbes and bacteria found in the fluids that the plant used to cool cutting tools and workplace surfaces, the law firm said.
Copeland is owned by Emerson Climate Technologies of St. Louis County. Copeland’s lawyer, Joseph Orlet, said that the plant is a “very safe work environment” and that management follows safety standards. Emerson plans to appeal.
Deal Saver

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Monday, November 25, 2013

Red Bird Express sued for allegedly refusing to rehire injured worker

Today's post was shared by votersinjuredatwork and comes from www.naidw.org

A Worden trucking company is accused of refusing to allow an employee to come back to work after he was hurt on the job.
madison county courthouseChristopher Chancey filed a lawsuit Oct. 24 in Madison County Circuit Court against Red Bird Express.
Chancey says he began working for Red Bird Express in December 2010. In August 2011, according to the complaint, Chancey was injured while working and filed a workers’ compensation claim which allowed him to take time off and receive benefits.
Chancey claims his doctor said he was ready to return to work full-time onApril 15. However, when he went back to Red Bird and asked to be reinstated in his position Chancey says he was told by the company that his job had been filled and there was no other work available. Chancey also alleges Red Bird did not fill his vacant position until after his doctor released him to work again.
The trucking company is accused of  violating IllinoisWorkers’ Compensation Act after failing to recall Chancey to work which Chancey contends was in retaliation for filing an on-the-job injury claim. Chancey asks for more than $100,000 in punitive and compensatory damages for lost wages, lost benefits and costs of the lawsuit.
Attorneys Thomas C. Rich, Kristina D. Cooksey and Michelle M. Rich of Fairview Heights represent Chancey.
Madison County Circuit Court Case No. 13-L-1788
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Wednesday, October 30, 2013

Toyota settles acceleration lawsuit after $3-million verdict

Today's post was shared by FairWarning and comes from www.latimes.com


Toyota Motor Corp.'s first loss in a sudden acceleration case, in an Oklahoma courtroom this week, could embolden attorneys nationwide who are looking to bring hundreds of similar cases.
Worse for the Japanese automaker, the verdict centered on the company's electronics, which have been a focus for plaintiffs seeking to prove safety defects in the company's cars.
Toyota on Friday confirmed that it had reached a confidential settlement in the lawsuit, which involved the fatal 2007 crash of a Camry. The settlement came hours after a jury assessed $3 million in compensatory damages but before the panel could levy a punitive award.
The verdict could provide a road map for attorneys seeking to hold the automaker liable for injuries and deaths.
Toyota has denied any safety defects in its cars, arguing that many incidents of unintended acceleration stemmed from drivers who stepped on the gas instead of the brake. But plaintiffs in the Oklahoma case successfully argued that Toyota's electronic throttle system was flawed, causing the car to speed out of control.
The 2005 Camry crashed into an embankment, severely injuring the driver, 76-year-old Jean Bookout, and killing her passenger, Barbara Schwarz.
By striking a quick settlement, the company likely sought to avoid bad publicity and damage to its reputation, said Jill Wieber Lens, a product liability expert at Baylor University Law School in Waco, Texas.
The Oklahoma defeat could increase pressure on the automaker to come up...
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Thursday, October 10, 2013

Truck driver alleges firing based on work comp claim

Today's post was shared by votersinjuredatwork and comes from madisonrecord.com


scales of justice2

A woman claims she was fired from her former job after she filed for workers’ compensation benefits.
Sandra Terry filed a lawsuit Sept. 17 in Madison County Circuit Court against TMCI, Peoplease Corporation and Thomas J. Manville.
In her complaint, Terry alleges she was working as a truck driver for TMCI on Aug. 9, 2008, when she suffered an injury.
Because she was injured while working, Terry filed for workers’ compensation benefits including medical treatment and time off work, according to the complaint.
On Sept. 20, 2008, TMCI fired Terry, the suit states. Manville authorized her termination, knowing that it happened because of her workers’ compensation claim, the complaint says.
In her complaint, Terry seeks general damages of more than $100,000, plus lost wages and benefits, pre-judgment interest, punitive and exemplary damages, costs and other relief the court deems just.
D. Jeffrey Ezra of Ezra and Associates in Collinsville will be representing her.
Madison County Circuit Court case number: 13-L-1563.
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Tuesday, October 8, 2013

Judge denies jury trial in Chevron RICO case

Today's post was shared by Legal Newsline and comes from legalnewsline.com


The federal judge overseeing a fraud lawsuit filed by Chevron Corp. has decided to deny the defendants in the case a jury trial.

The trial is set to begin Oct. 15.

Now, instead of pleading their case in front of a jury, New York attorney Steven Donziger and the Ecuadorians must do so before Judge Lewis Kaplan for the U.S. District Court for the Southern District of New York.

In his seven-page memorandum opinion Monday, Kaplan declined to order a jury trial in the case.
Last week, Chevron said it would drop money damages claims against Donziger if Kaplan tried the case. The oil giant already said it would drop money damages claims against the two Ecuadorians, Hugo Gerardo Camacho Naranjo and Javier Piaguaje Payaguaje.

Donziger and the Ecuadorians argued they are entitled to a jury as a matter of fairness.
“But that argument — even if it had merit, which it does not — is beside the point,” Kaplan wrote. “Insofar as is relevant to this case, the availability of trial by jury depends on one thing alone — whether the Seventh Amendment to the United States Constitution requires it.”

It does not, the judge said.

Kaplan explained that when a party — in this case, Chevron — withdraws its damages claims and pursues only equitable relief, a jury trial is no longer available and issues must be tried by the court.
“In such circumstances, trial by jury is available only if the parties and...
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Sunday, September 8, 2013

Fla. appeals court says $33M in damages to smoker’s widow not excessive

Today's post was shared by Legal Newsline and comes from legalnewsline.com


A Florida appeals court this week denied a tobacco company’s request for a new trial in a lawsuit brought against the company by the widow of a former smoker.
Rothenberg
Rothenberg

Also Wednesday, Florida’s Third District Court of Appeal upheld a $33 million award to the widow, Dorothy Alexander, saying the damages were not excessive.

After a three-week trial, the jury found in favor of Alexander on her claims against Lorillard Tobacco Company for strict liability, fraudulent concealment, conspiracy to commit fraud by concealment and negligence, but found Alexander’s husband, Coleman, 20 percent comparatively liable.

The jury awarded Alexander $20 million in compensatory damages and $25 million in punitive damages.

Lorillard filed multiple post-trial motions, including motions seeking remittitur of the compensatory and punitive damages awards.

The Miami-Dade County Circuit Court denied all of Lorillard’s post-trial motions except the motion for remittitur of the compensatory damages award and remitted the compensatory damages award to $10 million.

After computation of comparative fault, Alexander was awarded $8 million in compensatory damages and $25 million in punitive damages, which the trial court declined to remit.
Lorillard appealed.

On appeal, the tobacco company basically reiterated its post-trial claims of error. Additionally, it claimed that it is entitled to a new trial on compensatory damages rather than the...
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