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Nebraska Association of Trial Attorneys
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  August 17, 2018

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Class Action

 
Baby Formula Giant Fails in Bid to Dismiss Class Claims of Fraudulent Marketing
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On August 14, 2018, Illinois federal court Judge John J. Tharp denied a bid by well-known baby food manufacturer, Gerber Products Company, to dismiss class claims that allege the company fraudulently marketed its Good Start Gentle (“GSG”) infant formula as able to actively reduce the risk of developing allergies to cow’s milk and decrease incidences of atopic dermatitis (also known as eczema).
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 08/17/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: Counsel Financial    


Laws/Cases

 
Michigan TV Station Facing Sexual Harassment Suit by Former Editor
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A Michigan TV station is facing a sexual harassment lawsuit filed by one of its former news editors. According to the complaint, WLNS Channel 6 did not take appropriate action on sexual harassment complaints by the plaintiff. The lawsuit alleges that former anchor Evan Pinsonnault sexually harassed two female interns and the plaintiff, but the station never acted on reports of the harassment. The owners of the station, Nexstar Broadcasting, declined to comment on the lawsuit.
Kara Berg, Lansing State Journal 08/17/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: Lansing State Journal    

California and State Physician Named in Sexual Harassment Lawsuit
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The state of California and one of its physicians have been named in a lawsuit alleging sexual harassment and sexual battery. The complaint was filed early this week in San Diego Superior Court by a woman who formerly worked at the Mission Valley office of the California Department of Social Services. The lawsuit accuses the state-employed doctor of hugging the plaintiff against her will, lifting her shirt and squeezing her bare back. The harassment occurred over a span of two years, the lawsuit alleges.
Jeff McDonald, San Diego Union Tribune 08/16/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: San Diego Union Tribune    

Judge Dismisses Youth Climate Change Lawsuit
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A judge in Washington state has dismissed a lawsuit against the government filed by a group of children over climate change. On Tuesday, King County Superior Court Judge Michael Scott ruled in favor of the state's motion for dismissal. The lawsuit was filed by 13 young activists who say that their constitutional rights were violated through actions by the state that cause climate change. According to Scott's ruling, the issues brought up in the case are political questions not to be resolved in a court, and must be addressed by Congress and the president.
John Siciliano, Washington Examiner 08/15/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: Washington Examiner    


Wrongful Death

 
Toddler Falls to Death From 26th Floor, Parents File Suit
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A Virginia couple has filed a lawsuit over the death of their toddler, who died after falling from the 26th floor of their apartment building. The parents say their 3-year-old son fell when he climbed onto the air conditioning unit and pushed against the screen. The Skyline Towers apartment complex pre-dates current building codes, say the couple, which led to their child's death. The wrongful death suit was filed against the building owner and property management company, accusing both of negligence for allegedly failing to warn them about the window.
Mike Carter-Conneen, WJLA TV - ABC 7 08/15/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: WJLA TV - ABC 7    

Colonial Pipeline Faces Another Lawsuit Over 2016 Explosion in Alabama
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Colonial Pipeline is facing another lawsuit over a deadly explosion that took place in Shelby County, Alabama. The explosion, which occurred in 2016, resulted in the deaths of two workers and injuries to four others. The most recent lawsuit was filed by the widow of one of the men killed in the explosion. It alleges the defendants, Colonial and Superior Land Designs, LLC, were negligent in their responsibilities to maintain worker safety in the fatal incident, and for "fostering a culture whereby unsafe practices were not reported or stopped, and were allowed to proceed in order to expedite work."
Dennis Pillion, AL.com 08/16/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: AL.com    

Toddler Dies in Hot Daycare Van, Family Files Suit
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A Texas family is filing suit after their toddler died in a hot daycare van. The family is filing suit against Discovering Me Academy, the Houston daycare which left the child in the van on July 19, resulting in his death. The daycare is accused of negligence for not having systems in place to account for all children on field trips, especially during extreme heat. The lawsuit seeks a change in the daycare's rules and laws concerning child safety.
Staff Report, KHOU-TV 08/14/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: KHOU-TV    



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