Today's post is shared from http://ncworkcompjournal.com/
A U.S. federal judge recently ruled that a ride-sharing service must face a lawsuit alleging that the company has been pocketing tips meant for the drivers (Detroit Free Press, September 19, 2014). Uber Technologies is a smartphone-summoned car service based in San Francisco that has been charging a 20% surcharge on rides. Uber was founded in 2009 and is currently in 35 countries and more than 100 cities. It is valued at $18.2 billion and is the most valued ventured-back company in the world.
Filed in January, the class-action suit alleges that Uber has been keeping a “substantial portion” of the gratuity as additional revenue rather than sharing with its drivers. This lawsuit also accuses the company of misleading customers about the true cost of its service. The complaint characterizes Uber’s practice as unfair and deceptive because Uber keeps most of the surcharge and it’s not a gratuity.
Uber, Lyft and other car-booking companies have been facing a growing number of legal challenges. In Chicago, cab drivers sued the city claiming that these smartphone-summoned services are not subject to the same regulations governing conventional taxi companies. In Connecticut, Uber and Lyft have also been accused of racketeering by taxi and livery operators who accuse the companies of preying on established businesses and cutting legal corners by partnering with affiliated drivers instead of owning cars. That way, these companies claim they are different from taxi dispatchers and shouldn’t be forced to comply with existing regulations, such as driver background checks and liability insurance.
Showing posts with label San Francisco. Show all posts
Showing posts with label San Francisco. Show all posts
Tuesday, October 21, 2014
Monday, July 28, 2014
Attorneys Who Won Landmark Lead Paint Judgment and Cleanup Named Public Justice Trial Lawyer of the Year
The attorneys who successfully fought for lead paint cleanup in People of California v. Atlantic
The 27 attorneys won a $1.15 billion judgment against paint manufacturers last year, successfully arguing that lead paint in homes is a public nuisance that creates a quantifiable risk of harm to children who reside in or visit those homes. Leading the team of attorneys were (in alphabetical order) Mary E. Alexander of Mary Alexander & Associates, P.C. in San Francisco, Joseph W. Cotchett and Nancy L. Fineman of Cotchett, Pitre & McCarthy, LLP in Burlingame, Calif., Peter Earle of the Law Office of Peter Earle in Milwaukee, Wis., and Fidelma L. Fitzpatrick of the firm Motley Rice in Providence, R.I. “This is for the children of California,” Mary Alexander said upon accepting the award. Fidelma Fitzpatrick noted that her participation in People of California was the greatest privilege of her professional career. In California, tens of thousands of children each year have blood lead levels that exceed the Centers for Disease Control and Prevention threshold. There is virtual unanimity in the medical and scientific community that the primary cause of lead poisoning in children is the lead paint in their homes. It is also widely understood that the only way to prevent lead poisoning is to remove or remediate the paint in a child’s environment before a child gets poisoned. ... |
Tuesday, July 22, 2014
Mechanic can sue Ford for further damages in asbestos case
| The state Supreme Court on Wednesday allowed a former Bay Area service station owner to seek additional damages from Ford Motor Co. for exposing him to brake-lining asbestos that has afflicted him with terminal cancer. A jury awarded Patrick Scott $1.5 million in damages and legal costs against Ford in November 2012. Wednesday's order allows him to ask another jury for punitive damages. Scott and his wife, Sharon, have settled claims against other automakers for undisclosed amounts. Scott worked in a Navy shipyard, where he was also exposed to asbestos, before opening his first service station in Sausalito in 1965. He leased an Atlantic Richfield station in San Francisco in 1970, then moved his business to a Beacon station in St. Helena in 1977. He stopped working in 2011 after being diagnosed with mesothelioma, an incurable form of lung cancer that is caused by asbestos but typically does not show up until decades after exposure. Asbestos has long been used in the linings of motor vehicle brakes and clutches and is still used in brake pads, though it is banned in some other products. Scientists had established its connection to cancer by the mid-1950s, but the federal government did not regulate workplace asbestos exposure until 1971. According to court records, Ford mentioned asbestos in one of its publications in 1975 but did not put warnings on brake cartons until at least 1980. A Ford internal investigation cited by Scott's lawyers found mesothelioma among company... |
Friday, July 18, 2014
A Push to Give Steadier Shifts to Part-Timers
 As more workers find their lives upended and their paychecks reduced by ever-changing, on-call schedules, government officials are trying to put limits on the harshest of those scheduling practices. The actions reflect a growing national movement — fueled by women’s and labor groups — to curb practices that affect millions of families, like assigning just one or two days of work a week or requiring employees to work unpredictable hours that wreak havoc with everyday routines like college and child care. The recent, rapid spread of on-call employment to retail and other sectors has prompted proposals that would require companies to pay employees extra for on-call work and to give two weeks’ notice of a work schedule. Vermont and San Francisco have adopted laws giving workers the right to request flexible or predictable schedules to make it easier to take care of children or aging parents. Scott M. Stringer, the New York City comptroller, is pressing the City Council to take up such legislation. And last month, President Obama ordered federal agencies to give the “right to request” to two million federal workers. The new laws and proposals generally require an employer to discuss a new employee’s situation and to consider scheduling requests, but they do not require companies to accommodate individual schedules. Many businesses have opposed these measures, arguing that they represent improper government intrusion into private... |
Thursday, December 26, 2013
Buffalo attorney had key role in lead-paint ruling
Fidelma Fitzpatrick is a seasoned trial attorney with the law firm of Motley Rice LLC. She is exceptionally skilled in both negotiated settlements and complex trial litigation. Fidelma assisted in crafted the historic multi-billion dollar tobacco settlement agreement between the US State Attorney Generals and the tobacco industry. She has represented public entities in litigation against the lead paint industry including the multi-billion dollar Rhode Island trial. Fidelma Fitzpatrick is a nationally recognized advocate of children's and women's health issues. Today's post is shared from the buffalonews.com.
A Buffalo attorney played a key role in a billion-dollar court decision last week in California.
Three lead-paint makers were ordered by Santa Clara Superior Court Judge James P. Kleinberg to create the $1.1 billion fund to protect children against lead paint produced decades earlier, despite knowing it endangered human health, especially for children.
The verdict calls for the companies to put the money in a special health department fund dedicated to lead-poisoning prevention. The municipalities would then draw an allotted amount for use on lead inspections, repairs and removal effecting hundreds of thousands of homes. “From a public health standpoint, the decision is absolutely monumental. The good that this will bring to the children of California cannot be understated. Children today and future generations will be protected from lead poisoning because of it,” Fitzpatrick said. She has worked on the case for the South Carolina-based law firm Motley Rice for the past 13 years. In the bench trial, Kleinberg found Sherwin-Williams Co., NL Industries and ConAgra Grocery Products Co. guilty of creating a public nuisance by manufacturing and selling lead paint long after... |
Tuesday, December 17, 2013
Stunning Loss for Lead Paint Makers in Lawsuit by California Cities and Counties
Lead paint makers suffered a landmark defeat Monday when a state court judge in San Jose, Calif., ordered the industry to create a $1.1 billion fund to eliminate lead hazards to children in hundreds of thousands of homes in the state.
The decision broke the industry’s perfect record of defending suits by public agencies seeking to extract money for removal of flaking lead paint from older homes and apartments. It marked a huge victory for 10 California municipalities — including Los Angeles County, and the cities of San Francisco and San Diego — that will be able to draw on the fund for home inspections and repairs if the ruling holds up. In the 114-page decision, Santa Clara Superior Court Judge James P. Kleinberg found three companies—Sherwin-Williams Co., NL Industries, Inc., and ConAgra Grocery Products Co.—guilty of creating a public nuisance by manufacturing and selling lead paint long after learning of its dangers. Kleinberg dismissed claims against two other defendants, ARCO and DuPont, finding there was insufficient evidence that they had sold lead paint for use in California homes. The ruling drew a scathing response from Sherwin-Williams, NL and ConAgra. “The decision violates the federal and state constitutions,” said spokeswoman Bonnie J. Campbell in a prepared statement. “It rewards scofflaw landlords who are responsible for the risk to children from poorly maintained lead paint.”... |
Click here to read the complete Decision. People v. Atlantic Richfield Company, et al.
Superior Court of California, County of Santa Clara
Case No. 1-00-CV-788657
Sunday, November 17, 2013
CEO resigns from California state workers’ comp insurer
California's workers' compensation program in beginning to unwind with the resignation of the CEO of the State Fund. Waves of reform have deciminated the system in recent years resulting in the mass delay and denial of claims. Today's post is shared from the scabe.com .
Tom Rowe resigned as State Fund’s chief executive, and Dan Sevilla resigned as chief financial officer.Two top leaders resigned Friday from State Fund, a quasi-governmental agency that sells more than $1billion a year in workers’ compensation insurance, after overseeing a major restructuring of the organization’s bureaucracy. Fund spokeswoman Jennifer Vargen wouldn’t offer an explanation for their departures but said the resignations were voluntary. The agency, formally known as the State Compensation Insurance Fund, isn’t well known but often plays a major role in California’s workers’ comp insurance market. It typically becomes the “insurer of last resort” when private carriers exit the state, as they did when costs soared and the market began imploding a decade ago. During that period, State Fund’s annual premiums zoomed from $1billion to $8billion, Vargen said. After former Gov. Arnold Schwarzenegger signed a reform bill that reduced workers’ comp costs, the market turmoil subsided and private insurers moved back in. State Fund’s business began shrinking, and “we really had more staff than we needed,” Vargen said. Annual premiums have fallen back to around $1billion. Since Rowe joined the organization in 2009, staffing has been reduced by 40percent, and some offices have been closed. The fund, based in San Francisco, employs 4,400 workers. “The executive team has done an... |
Tuesday, October 22, 2013
Jersey City Mayor Signs Country’s Seventh Paid Sick Days Law
 On Monday morning, Jersey City, NJ Mayor Steven Fulop signed the city’s paid sick days bill into law, which had been passed by the city council in September. The bill is now the seventh to become law in the country, joining New York City; Portland, OR; San Francisco, CA; Seattle, WA; and Washington, DC as well as the state of Connecticut. Employers in the city with 10 or more workers will now have to provide them with up to five days of paid sick leave a year, with workers earning a day off for each 30 days worked. Workers at smaller businesses will have the right to earn unpaid sick days. Over 30,000 workers who previously had no access to paid sick leave are expected to benefit. The push for paid sick days legislation at the state and city level is growing. State-wide efforts are underway in Massachusetts, New Jersey, and Vermont. Newark, NJ and Tacoma, WA are also fighting for such bills, and an effort is underway in Washington, DC to expand the city’s current policy to tipped workers. The evidence from those places that already have laws on the books shows that they are good for business and the economy. Job growth has been stronger under Seattle’s law and business growth is also strong. San Francisco’s law has strong business support and spurred job growth. Washington DC’s had no negative impact on business, while Connecticut’s has come with little cost and big potential upsides. Meanwhile, lost... |
Saturday, October 19, 2013
On Strike: BART train kills 2 workers near San Francisco
Safety is a concern even if a labor dispute leads to a strike. Workers' Compensation covers all work connected events if the arise out of the employment. This post is shared from CNN.org
An out-of-service Bay Area Rapid Transit train struck and killed two workers on a section of track northeast of San Francisco on Saturday afternoon, the transit authority said.
[Click here to see the rest of this post]
Target unveils sweeping changes to product safety standards
 The big-box retailer has revealed details of its new Sustainable Product Standard, a program to assess the safety of more than 7,500 household cleaners and beauty, cleaning and baby care products sold in Target's 1,700-plus stores. Target's crackdown on hazardous chemicals and its tough demands on the largely unregulated personal care products industry is yet another landmark in the movement for safer consumable goods, a global phenomenon driven largely by consumers and activist groups. "Consumer demand for transparency and safer products has grown too loud for companies to ignore," said Stacy Malkan, a co-founder of the San Francisco-based Campaign for Safe Cosmetics, which last month pressured Target to sell safer beauty products. "The largest retailers are now, for the first time, indicating in a very public way that they want their vendors to move away from the most hazardous chemicals and be more forthcoming about what's in their products." Target also will collaborate with the campaign, a coalition of environmental and health organization, to create new safety standards for rating cosmetics beginning in 2014. The personal care products industry maintains all its goods... |
Friday, October 11, 2013
AIG Facing Lawsuit for Fraud
Today's post is shared from Courthousenews.com.
American International Group for nearly 40 years has been underreporting workers' compensation premiums, causing insured employers to pay improperly inflated state insurance surcharges, three federal classes claim.
The coordinated suits were filed this week in San Francisco, Manhattan and Newarkagainst AIG and its subsidiaries and affiliates. AIG is accused of unfair business practices, fraud, unjust enrichment and violations of federal anti-racketeering law.
The California complaint, filed by Franjo Inc. and DMS Facility Services Inc., says it all began in the 1970s when AIG "devised, implemented, participated in, and carried out nationwide schemes - later characterized by AIG's own general counsel as 'permeated with illegality' - to miscategorize, falsely report, and falsely book the AIG companies' [workers' compensation] premium as other premium (for example, as 'general liability' premium), in order to reduce defendants' expenses, inflate their profits, and unjustly enrich themselves at the expense of plaintiffs and the class." (Parentheses in original.)
AIG allegedly falsified certified annual financial reports that underreported workers' compensation (WC) figures to evade its equitable shares of financial responsibility for state-levied taxes and assessments. It caused state insurance regulators, through no fault of their own, to assess artificially inflated fees on insured employers, according to the complaint.
Click here to read the entire article.
American International Group for nearly 40 years has been underreporting workers' compensation premiums, causing insured employers to pay improperly inflated state insurance surcharges, three federal classes claim.
The coordinated suits were filed this week in San Francisco, Manhattan and Newarkagainst AIG and its subsidiaries and affiliates. AIG is accused of unfair business practices, fraud, unjust enrichment and violations of federal anti-racketeering law.
The California complaint, filed by Franjo Inc. and DMS Facility Services Inc., says it all began in the 1970s when AIG "devised, implemented, participated in, and carried out nationwide schemes - later characterized by AIG's own general counsel as 'permeated with illegality' - to miscategorize, falsely report, and falsely book the AIG companies' [workers' compensation] premium as other premium (for example, as 'general liability' premium), in order to reduce defendants' expenses, inflate their profits, and unjustly enrich themselves at the expense of plaintiffs and the class." (Parentheses in original.)
AIG allegedly falsified certified annual financial reports that underreported workers' compensation (WC) figures to evade its equitable shares of financial responsibility for state-levied taxes and assessments. It caused state insurance regulators, through no fault of their own, to assess artificially inflated fees on insured employers, according to the complaint.
Click here to read the entire article.
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