Friday, 29 April 2022

Naperville Man Fatal Car Accident Tied to DUI

A 54-year old man was charged last year with two counts after a fatal wrong-way vehicle accident in Naperville. Frank P. Qualtier Jr. was arrested for aggravated driving while under the influence (DUI), and reckless homicide following a head-on crash. Naperville police say that the collision occurred at the intersection Lisson and Royce roads around 7:30 p.m.

Qualtier was driving west on Royce Road with a silver 2014 Dodge Ram pickup. The vehicle crossed the street’s eastbound lanes near the intersection of Lisson Road and struck a black 2017 Ford Fiesta head on. Woodridge man aged 41 was the driver of the Ford. He died in the accident.

Paul Greenberg, a Chicago personal injury lawyer with Briskman Briskman & Greenberg commented that drunk driving is dangerous and was one of the leading causes for fatal car accidents. He is not involved in the case. DUI crashes are different than other types of car accidents in that they could result in criminal charges against the driver. A car accident lawsuit is an independent civil case. However, a criminal conviction against a negligent driver could strengthen a personal injury suit that seeks damages.

According to police, the Ford driver was declared dead on the spot and had to be removed from his vehicle. His identity has not been released. Qualtier’s pickup truck flipped several times before it landed upside-down on its roof.

The crash was being investigated by authorities. Qualtier was still in custody at Will County Adult Detention Facility.

Greenberg stated that while not all car accidents result in death, serious injuries can be caused by them. Anyone who has been in an accident involving a car should consult a personal injury lawyer to discuss the possibility of receiving compensation.



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Africa Looks to Grow Chocolate Profits

Ghana supplies approximately one-fifth all cocoa beans. It earns around $2 billion annually, less than one-fifth of the value of chocolate sold.

He said that chocolate is a $100 billion industry, and the 65% who produce it make less than $6billion from the sweat and tears of their farmers. This refers to the combined sales of Ghana (and Ivory Coast) together. He asks what prevented these two countries from making more money by turning beans into cocoa liquor, cocoa butter, or producing finished chocolate bars.

In practice, Ghana and Ivory Coast have struggled to extract more profits from an industry that retains most of its added value close to the Western consumer markets.

The chocolate industry is accused of doing more than just keeping its adult farmers poor. Mars, Nestle, and Hershey signed an agreement in 2001 to eliminate child labor from their supply chain in Ghana and Ivory Coast, where the problem is at its worst.

The U.S. Labor Department discovered that children who work on cocoa farms, some of them carrying heavy sacks, wielding machetes, and spraying pesticides, have increased to 2.1million. Since then, the industry has agreed to a lower-ambitious target of reducing child labor by 70% by 2020. It is likely to fail, according to most observers.

As if this weren’t enough, cocoa farming has been linked to widespread deforestation in Ivory Coast. The country’s cocoa production nearly doubled in the past decade, as farmers cleared new forest land.

After years of discussion, African governments are taking action to increase their leverage in the chocolate sector. Ivory Coast and Ghana unilaterally announced a $400 per ton premium over the benchmark futures prices starting in October 2020. Mahamudu Bawumia (Ghana’s vice president), said that OPEC controls only 30% to 40% of global oil supply. They also control prices. “If they have OPEC we can have COPEC.”

Producer countries might be trying to extract more value from chocolate, which could seem to be driving them into a collision with the industry. According to business logic, manufacturers such as Nestle or Ferrero and trading houses like Cargill and Olam aren’t willing to pay more for ingredients.

However, the rhetoric from Africa is in many ways similar to that of the chocolate industry.



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How Much Does Hiring a Car Accident Lawyer Cost?

Before you hire a car accident lawyer, consider how much their services will cost. The cost will depend on your case, so it is best to research each lawyer’s fees and experience before making a final decision. If you have questions, here are some things to ask your lawyer. Read on to learn more about hiring a car accident attorney. We’ll answer the most common questions, including how much they charge, how they get paid, and how long it takes them to prepare your case.

Negligence

Many car accident victims feel intimidated to pursue legal action against negligent drivers. Fortunately, a car accident lawyer can help. Regardless of the type of accident, hiring a car accident attorney can help you fight for compensation for your injuries. A car accident lawyer can help you prove the other party’s liability, and they know how to file a lawsuit within the state statute of limitations. Here are three steps to start your case:

The first thing you should know about hiring a car accident lawyer is that it does not guarantee a favorable outcome. While your attorney can help you gather evidence and estimate your losses, the compensation you receive will vary. Remember that the more serious the injuries are, the greater the compensation you can expect. Injuries that require extensive medical treatment and lost wages can cost you thousands of dollars. Your lawyer will be able to present your case effectively and help you get the compensation you deserve.

Uninsured motorist coverage

Many motorists do not have insurance, leaving victims to pay for medical expenses and damages. This can lead to a complex recovery process. A car accident lawyer will help you understand your rights and the type of compensation you can expect. This coverage is necessary for you to receive compensation for your losses. New York law requires every driver to carry automobile insurance. Unfortunately, many people do not follow this law. If you are the victim of an accident, it is important to get legal help as soon as possible.

The minimum limit for bodily injury is $15,000 per person and $25,000 per accident. Uninsured motorist coverage provides up to $30,000 in coverage. This is enough to pay for your medical bills and damage to your car, but it is not 100% effective. Many uninsured motorists are not wealthy and may not have much money to compensate victims. However, you can still make a claim if you are hurt in an accident that involved an uninsured motorist.

Damages

When you have been injured in a car accident, you have several legal options to seek compensation. Your damages can fall into two categories: economic and non-economic. Economic damages are intended to put you back in the financial position you had before the accident. Non-economic damages are intended to make up for other types of damages. Non-economic damages are often closely related to economic damages, but they may be separate from each other. Your car accident attorney in New York can help you decide which option is right for you.

You may not need the services of a car accident lawyer if your car accident is minor. However, if you suffer from a serious injury, you should consult a doctor. It’s best to hire a car accident lawyer in case your injuries are severe enough to cause you to miss work or incur a loss of wages. If you’re injured in a severe accident, you should hire a car accident attorney to help you get the compensation you deserve.

Cost of hiring a car accident lawyer

One of the most important factors to consider when determining the cost of hiring a car accident lawyer is the severity of your injuries. Injuries can range from minor to severe, with disabling conditions resulting in much higher amounts. The Orlow Firm, for example, will assess the full extent of your injuries and determine the appropriate compensation amount. They will also take into account your lost wages and future income, as well as the cost of auto repairs or replacement.

Most car accident cases do not require a flat fee payment, and this type of arrangement is typically reserved for less complex cases. A law firm may charge a flat fee for drafting a demand letter, and this can range anywhere from $300 to $1,000. The value of hiring a lawyer increases as the severity of your injuries increases, so a small fender bender may not require a lawyer. But, if you’re serious about your case, it is best to hire a lawyer to protect your interests and protect your rights.



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How to Find a Workers Comp Lawyer

If you have sustained an injury on the job, you may be eligible for workers’ compensation benefits. However, not all injuries show symptoms immediately. A workers’ compensation lawyer can help you obtain a thorough medical evaluation and evaluate the settlement offer. It is vital to have an experienced attorney review the details of your case. This article will provide you with some tips on hiring a workers’ compensation attorney. Read on to learn more. Here are some common mistakes you should avoid.

Question to ask before hiring a workers’ comp lawyer

The first question to ask before hiring a workers’ compensation lawyer is if the attorney has handled similar cases before. Your case will be different than other workers’ comp cases, and the lawyer you choose will need to know all the specifics. For example, if you were injured on the job and your employer failed to provide proper medical treatment or file paperwork properly, you should hire a different attorney. In addition, you should be careful dealing with the insurance company, as they will attempt to settle your case as quickly as possible.

Another question to ask before hiring a workers’ compensation lawyer is how much experience does the attorney have. A lawyer with a great track record may not have a lot of experience in this particular area. This is not necessarily a negative thing, as a lawyer who works in many fields may work on a workers’ compensation case one day and a traffic ticket the next. Ask about the success rate of the workers’ compensation lawyer you are considering. The higher the success rate, the better.

Signs you need a workers’ comp lawyer

If you are hurt on the job, you may be entitled to receive workers compensation benefits. Unfortunately, many workers struggle to get the benefits they deserve because they are unable to receive them quickly or completely. If you are struggling with this type of situation, it may be time to contact a workers’ compensation lawyer. A qualified lawyer can help you navigate this complex process. Read on to learn more about the signs you need a workers’ compensation lawyer and what you can expect from a consultation.

One of the most common reasons people need a workers’ compensation lawyer is to appeal their claim. If your workers’ compensation claim is denied, your employer may try to get rid of you by forcing you back to work before you are ready. You can also be discriminated against because of your claim. However, a workers’ compensation lawyer can make the insurance company pay for your medical treatment in a timely manner.

Types of workers’ comp benefits

In California, you are entitled to certain types of workers’ compensation benefits, including medical treatment. You can receive treatment from any licensed medical doctor who participates in the Medical Provider Network, a special network for workers’ compensation patients. The MPN requires doctors to adhere to certain guidelines for treating injured workers. Any doctor who wishes to participate in the network must undergo a process known as Utilization Review, in which an independent doctor reviews your medical records and approves or denies your request for treatment.

Some states offer vocational rehabilitation benefits to help injured workers retrain for new jobs after a workplace injury. This type of benefit pays for therapeutic and medical care, and may also cover tuition and other expenses related to retraining. In many states, vocational rehabilitation benefits are mandatory and reimburse two-thirds of a worker’s wages, but these benefits often have very short timelines. The benefit ends once the worker recovers or improves.

How to find a workers’ comp lawyer

If you’ve been injured at work and are seeking legal representation, you’ve probably wondered how to find a workers’ compensation lawyer. The first step in finding the right attorney is to research the lawyer’s experience. Read client reviews to find out about the experience of others. You can also check out the law firm’s website to find out what their standard of service is like. In addition, make sure to contact the attorney directly to discuss your case.

The next step is to find a workers’ compensation lawyer in your area. You should know that the process can be complex, and you need the help of an experienced attorney. While a worker compensation lawyer is not required, having one on your side is always a good idea. Even if you think you are just a simple case, the lawyers can help you navigate the process. Moreover, they can fight for you to get the benefits you deserve.



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Thursday, 28 April 2022

Sue a Contractor – What Types of Claims Can You Make?

You might need to sue a contractor for a variety of reasons, such as a Mechanic’s lien, breach of contract, damage to your property, and more. To determine which types of claims you can make, read the following article. In addition, you’ll learn about the costs associated with filing a lawsuit. A business law attorney is the most likely option for pursuing a lawsuit against a contractor.

Mechanic’s lien

If you’re a home or commercial property owner, you should know what to expect from a mechanic’s lien. This lien protects the owner of a building from the contractor who has failed to pay the final bill. While there are a number of loopholes in mechanic’s lien laws, these are relatively minor and can be easily avoided by ensuring that you’re working with knowledgeable legal counsel.

The concept of mechanic’s lien dates back to the early United States. Thomas Jefferson invented it to help build farms in the U.S. Mechanic’s liens protect the property owner from not being paid for labor and materials during construction. It can be used to collect these costs in a variety of situations, including in the event of a failure to complete a project. However, when you sue a contractor for non-payment of your bill, you’ll have to prove that you’re rightfully entitled to that money.

Breach of contract

Whether or not you can sue a contractor for breach of contract is a question you may have. This action arises when a party breaches a contract in some way, including failing to meet a deadline. For example, if a contractor fails to finish a project by the agreed-upon date, the other party can sue to recover monetary damages for the breach. In such a case, the contractor would be liable for all work he completes, and the neighbor could sue the contractor for breach of contract.

To sue a contractor for breach of contract, you must first establish that the breach of contract resulted in a loss or injury for you. You may be able to prove this by reviewing the original contract with your contractor. If you find that the contractor violated certain provisions, you can use this document to present your case to an attorney or a court. In most cases, it is a simple matter of presenting your case to a court.

Damages to property

In many cases, accidental damage to your property will not be covered by your buildings or contents insurance. However, you can try to recover these costs by suing your contractor. Check out sites like Checkatrade to find a reputable tradesperson. You should also sign a contract that details the scope of work and any requirements you have. If the work is sub-standard, you should seek out the help of an insurance provider to cover any damages.

You should notify the neighbor if your property is damaged and have them add them as an additional insured. This will make sure that you get your money. If your neighbor has liability coverage, then his insurance may cover the damages. If they don’t, you should contact an attorney. They understand insurance laws and your property rights. Damages to property when sue contractor

Cost of suing a contractor

The costs of suing a contractor can range from a few hundred to thousands of dollars. While most lawsuits are based on defective workmanship, some are filed due to non-performance or deceptive fraud. In any case, the costs of a lawsuit are worth it if it ensures that you receive the quality service that you expected. Here’s what you should know about the cost of suing a contractor.

Typically, a lawsuit will begin by gathering evidence. This evidence can be in the form of photos, documents, and testimony from other parties. Sometimes the parties will interview each other. These interviews are called depositions and are conducted under oath. The court reporter transcribes the information. A court reporter is typically retained to record the evidence. Both parties will likely ask for documents and photos from the contractor to support their case. If the case proceeds to trial, the cost of suing a contractor can reach several hundred thousand dollars.



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Lawsuit Filed When Chicago Dump Truck Hit Bicyclist

Last year, a city dump truck hit and ran over a bicyclist in Chicago’s Northwest Side neighborhood. A 31-year old woman was cycling northwest on Milwaukee Avenue in Avondale. The truck and the bicycle turned right simultaneously at the busy intersection of Belmont Avenue. The truck ran over the bicyclist and pinned her under the vehicle.

The truck continued to drag the woman for several more feet before finally stopping. The truck driver (48 years old) didn’t realize what was happening until witnesses started shouting to get his attention. Eric O. Carrasquillo was the driver. He was driving a truck for city maintenance that belonged the Chicago Department of Transportation.

https://www.youtube.com/watch?v=HKUyVd6LYy4&fmt=18

Paul Greenberg, a Chicago personal injury lawyer with Briskman Briskman & Greenberg said that the truck and bicycle accidents are a reminder to us all to be more cautious and aware of our surroundings. He is not involved in the case. A truck accident victim may be eligible for compensation. A personal injury lawyer with experience can advise you on the best course of action depending on your case.

In critical condition, the bicyclist was taken to Advocate Illinois Masonic Medical Center. Witnesses stated that the bicyclist was conscious even after the truck accident. After the truck accident, the truck driver appeared shaken and was taken to Swedish American Hospital.

The police said that no citations or charges were filed against the truck driver. The bicyclist claimed he was in his blind spot when the accident occurred. Side guards were installed on the truck to prevent victims of crashes from being trapped under it.

Residents of Avondale have stated that the intersection between Milwaukee and Belmont Avenues is dangerous for pedestrians and drivers due to numerous blind spots. The incident is still under investigation by Chicago police.



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Sonic Faces Class Action Lawsuit in Data Breach

Sonic fast-food chain must be tried after data breach forces major financial institutions to issue new credit cards for customers and reimburse hackers’ funds.

After Sonic had sought an early judgment in a class-action lawsuit brought by the banks, U.S. District Judge James S. Gwin ruled in Sonic’s favor.

The drive-in restaurant claimed that banks didn’t have sufficient proof that Sonic was responsible for the hack. Judge Gwin however ruled that Sonic’s affirmative acts created a danger of harm and that Sonic knew or should have known about the unreasonably high risk of hacking.

Banks File Class Action for Sonic Drive-In Data Breach

After the 2017 data breach, American Airlines Federal Credit Union and Redstone Federal Credit Union settled a class action with Sonic, Arkansas Federal Credit Union filed a lawsuit against Sonic.

Hackers accessed the unencrypted credit cards data of Sonic’s cash register software provider Infor. For six months, the breach went unreported.

These three credit card companies hope to represent thousands more people.

Federal Judge agreed with financial institutions that Sonic had done multiple things to expose credit unions to a “high level of risk”. This included leaving Infor’s remote accessibility permanently enabled without blocking foreign IP addresses and creating a weak password for the VPN that did not require multi-factor authentication.

Judge Gwin stated that the chain also committed two “affirmative actions” by using software that didn’t require encryption or operating out-of-date data software systems in more than 700 franchises.

Brian C. Gudmundson and Michael J. Laird from Zimmerman Reed LLP represent financial institutions.

Sonic Corp. is the Sonic Data Breach MDL. Customer Data Breach Litigation, Case No. 1:17-md02807, U.S. District Court Northern District of Ohio



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Wednesday, 27 April 2022

Cedar Fair Seasons Pass Holders File Class Action Lawsuit

Cedar Fair season pass holders filed claims against Cedar Fair claiming that their 2020 season was cut short without a refund. An Ohio federal judge has ruled in favor of Cedar Fair.

April 21st, U.S. District Judge James G. Carr denied Cedar Fair’s motion to dismiss claims brought against it under the Ohio Consumer Sales Practices Act. 21. U.S. District Judge James G. Carr denied Cedar Fair’s motion for dismissal of claims against it under the Ohio Consumer Sales Practices Act.

Carr stated in his decision that he didn’t agree that Cedar Fair’s disclosures regarding refunds, which stated there would be no refunds regardless of the season was cut short, were obvious to a reasonable consumer.

He concluded that plaintiffs have sufficiently pleaded that a reasonable purchaser might have misunderstood the disclaimers to imply that Cedar Fair would not pay any compensation if its parks were closed for all or a significant portion of the season.

He said that plaintiffs had also adequately pleaded that Cedar Fair didn’t fairly explain to customers its intent in the event of a force majeure causing it to close its parks. He ruled that the lawsuit can be continued for now.

Cedar Fair Class Action Plaintiffs Claim They Didn’t Receive Season Pass Benefits

Plaintiff Moneva Walker’s Cedar Fair Class Action lawsuit, originally filed in September 2020, states that she and other season-pass holders are entitled to refunds for 2020 purchases.

Walker purchased a 2020 season ticket to Knott’s Berry Farm in California when she was living there.

According to reports, the park was closed in March with no reopening date. Walker claims she didn’t get the benefits she was expecting when she bought a 2020 season ticket.

She claims that season passes can be expensive for consumers like her. Silver and regular passes cost $60-$100 per year. Gold passes range between $80 to $120, while platinum passes allow unlimited access to all Cedar Fair Parks. Platinum passes are about $200.

Walker claims that when she paid the season pass fees, she entered into a contract to Cedar Fair where the park operator promised unlimited visits “all season” (i.e. you can visit the park as many times as possible throughout the year).

Cedar Fair was willing to extend 2020 season passes for the 2021 park season. Walker, however, argued that Walker and other season pass holders deserved to be able to have their 2020 season passes refunded instead of having them extended.

Cedar Fair has 17 parks in many states.

What do you think about the claims in this instance? We’d love to hear your opinions in the comments.

Moneva Walker v. Cedar Fair L.P. et al. is the Cedar Fair Season Pass Class Action Lawsuit. 3:20-cv-01176-JZ in the U.S. District Court of the Northern District of Ohio



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Friday, 22 April 2022

Exactech Lawsuit Filed Over Optetrak Knee Replacement Failure

After suffering the catastrophic failure of his Exactech Optetrak Knee Replacement, a Colorado man filed a product liability suit. The defective component caused the patient to need revision surgery just a few years later.

Daniel E. Carson filed the lawsuit at the U.S. District Court for the District of Colorado on April 15. It indicated that he may need a partial leg amputation due to complications from a defective and dangerous knee replacement system. The manufacturer has since recalled the product.

People who suffered painful complications from knee implants due to design problems have been sued.

Carson had a left-leg replacement surgery performed by Exactech Optetrak in December 2014. The lawsuit states that the artificial knee broke down in July 2020 after the polyethylene liner began to degrade and cause bone loss, osteolysis, and a very unstable tibia. Carson was rushed to the hospital immediately after the knee injury. He was then rescheduled for the following day.

Carson’s lawsuit states that “while the July 10, 2020 revision surgery was successful due to the damage that his left foot sustained in the failure in his Optetrak Knee system, in future Plaintiff most likely will need an above-the-knee amputation of its left leg,”

More than a year after the revision surgery, an Exactech knee recall was issued for more than 140,000 Optetrak, Optetrak Logic, and Truliant implants distributed since 2004, which were packaged in “out-of-specification” vacuum bags that exposed the plastic components to oxygen before they were implanted. At that time, the manufacturer acknowledged that the packaging defect could have led to the knee implant failing once it was infected.

Exactech Optetrak Knee Repair Problems

This case is one of many Exactech lawsuits being filed by people who have had problems with their Optetrak, Optrak logic, or Truliant system in recent years. It indicates that the manufacturer failed to recognize evidence of the high rates of knee failures associated with the implants.

Exactech’s knee implants were the subject of lawsuits in 2017. The FDA received alarming numbers of adverse event reports, which led to what some called a “silent Exactech recall.” In 2017, Exactech began quietly and slowly replacing some Optetrak models’ tibial tray trays.

The recall notice was issued earlier in the year. It now states that foreign registries found an increased rate of Exactech-related knee problems. This can often lead to additional surgery just a few years later.



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Thursday, 21 April 2022

Pier 1 Class ActionLawsuit Alleges Bad Sales Prices

Pier 1 Imports deceives consumers by listing “fabricated” prices at a discount and original price. This is a new class-action lawsuit that alleges.

Maria Panaligan, the plaintiff, filed the class action suit against Pier 1 Imports in April. 15 alleging violations of California’s consumer and competition laws.

Panaligan claims that Pier 1 advertises its products consistently on its eCommerce website along with an “original price” and a corresponding sales price. She says that the reference price is removed and that a significant discount is offered on sale prices.

Pier 1 may advertise a price that seems original, but it is actually a false reference price, Panaligan claims.

The lawsuit states that the false reference price is displayed alongside the original price in order to inform consumers that Defendant sells a product at a significant discount, even though it is not actually discounted.

The sale price reflects the “deep discount” Pier 1 claims it is offering for the product for a “limited time.”

Panaligan states that “Defendant’s eCommerce website does not sell products at the strikethrough price. Consumers are lead to believe the original price.”

According to the lawsuit, the “deep discount” on products that was communicated to consumers who viewed Pier 1’s website is a misrepresentation.

Products Sold Above the True Market Price, Pier 1-Class Action Alleges

Panaligan states that false reference pricing schemes allow retailers like Pier 1 to sell products at a higher price than their actual market value and price–and consumers are left to foot the bill.”

She represents anyone who bought a product through pier1.com and was deceitfully represented as being discounted from a false price.

She also seeks certification of the class action lawsuit and disgorgement of profits.

Pier 1 recalls multiple desk chair collections in 2020 due to concerns about the possibility of broken legs and fall hazards.

What do you think about retailers listing fabricated sales and the original price? Comment below!

Scott G. Braden and Todd D. Carpenter of Lynch Carpenter, LLP represent the plaintiff.

Maria Panaligan, Pier 1 Imports, and others, Case No. 2:22-cv-04544, U.S. District Court Central District California.



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Salsa Texan Tortilla Recalls Tortillas

Texas tortilla manufacturer is recalling tortillas that were shipped across the country by a company. They may contain undeclared wheat or milk. This can cause serious reactions in people who have certain allergies. It has also already caused some Celiac disease-related symptoms.

April 15th, Salsa Texan declared. The Salsa Texan announced on April 15 that it will recall all its regular and burrito-sized tortillas marked as Coconut Flour Tortillas or Blended Flour Tortillas on the U.S. Food & Drug Administration’s website.

Because the tortillas were not labeled with wheat or milk, the recall was initiated.

The recall notice stated that people with allergies to wheat or milk are at risk of serious or even life-threatening reactions if they consume these products.

According to the recall, customers with Celiac disease or gluten sensitivity have confirmed their illness after eating the recalled tortillas.

The recall states that consumers who purchased The Salsa Texan tortillas should throw them out if they are allergic or sensitive to wheat or dairy.

Salsa Texan Recalls Tortillas Sold via Social Media

After being ordered via social media platforms Instagram and Facebook, the recalled tortillas were sent out by mail.

According to the recall, the tortillas that were recalled were also sold at Texas farmer markets.

Farmers Market locations are Canton First Mondays, Lucas, Texas Community Markets, St. Michael’s, and Red Tent Market At Willowbend.

The recalled products are packaged in clear plastic with The Salsa Texan printed on the top. They may also be sold unlabeled.

The recall does not have any best-by dates or lot codes. Therefore, consumers are advised to consider all Salsa Texan flour tortillas included in the recall.



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Thursday, 14 April 2022

Investors File GWG Holdings Lawsuit to Recover Losses

GWG Housings Inc (NASDAQ: GWGH) failed to make the principal payment and missed interest payments totaling $10.35million, both due by 15 January 2022 and both relating to their L Bonds. Investors will be looking to a GWG Holding Lawsuit to recover their losses.

It is considered a default if the payment is not received within a grace period of 30 days from when it becomes due. GWG could declare bankruptcy and investors fear that GWG will lose all of its investment principles.

Rumors suggest that GWG could have negative cash flows. GWG is currently evaluating restructuring options that may include bankruptcy.

GWG Holdings filed with the Securities Exchange Commission (SEC) on 18 January stating that the decrease in the sale of L Bonds has caused a shortage of cash. GWG Holdings Inc also stated that the timely filing of the Annual Return Form 10-K has been delayed due to the fact that the accounting firm that was entrusted with it has declined to resign. This could lead to the voluntary suspension of L Bond sales.

Investors have been concerned about missing payments and filed a Securities Fraud lawsuit (FINRA claim), as they believed this was a low-risk investment. GWG was marketed as a disruptive and innovative product in the life insurance market, but investors may have been misled.

Haselkorn & Thibaut (InvestmentFraudLawyers.com) is currently investigating GWG Holdings and broker-dealers that sold their products. For a free consultation about investment loss recovery options, including security fraud lawsuits or FINRA claims, investors can call 1-888-614-93556

GWG Holdings – FINRA Arbitration & Legal Options

Brokers are required by the Financial Industry Regulatory Authority to ensure that a recommended investment meets customer requirements, has done due diligence, and highlights all risks. Customers could file claims against the firm for money they have lost due to failure to do so or to supervise them doing so. FINRA offers arbitration as a means of resolving disputes.

GWG Holdings investors can recover their losses in a variety of ways. FINRA arbitration is one of the best ways to recover your losses. This is usually faster than traditional lawsuits and it is often easier.

Haselkorn & Thibaut is a national law firm that specializes in investment fraud and has offices throughout the United States, including North Carolina, Arizona, Texas and Florida. They are investigating several cases involving brokerage firms that improperly sold L Bonds or other high-risk investments to investors.

For a free consultation, if you have any questions about your investment in L Bonds (or other alternatives), we recommend that you reach out to one of our investment lawyers. 1-888-902-6872 to schedule a consultation.



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McDonalds Hit With Class Action Over Chemicals In Wrappers

Wrappers for McDonald’s French Fries, Cookies, Chicken Nuggets, and Big Macs contained PFAS chemicals. McDonald’s is facing a class-action lawsuit alleging that the fast-food giant concealed the use of toxic chemicals within food packaging. These include per- and polyfluoroalkyl compounds (PFAS), which have been associated with the development of cancer, other reproductive and hormonal disruptions, and others.

Ken McDowell filed the complaint (PDF). on March 31. This is a claim that McDonald’s falsely asserts that its food packaging can be safely and sustainably in nature. However, a recent report found that the products may contain toxic chemicals that could contaminate food.

PFAS are best known for being present in aqueous foam-forming foam (AFFF), which has been used by firefighters since the 1960s in training exercises and as a response to fuel-based fires. Ex-firefighters and their families who were exposed to PFASs in the past have filed many firefighting foam lawsuits. These claims claim that chemical exposures led to cancers such as pancreatic, testicular, and kidney cancers.

However, PFAS are also used in a variety of industries. They can be found in food packaging materials such as pizza boxes, popcorn bags, and fabrics.

The risk of developing cancer from exposure to foam chemicals used in firefighting may increase for firefighters, military personnel, and airport staff.

Examine a Case
Plaintiff claims that fast-food chains have made consumers more susceptible to PFAS through the use of synthetic chemicals. These chemicals may migrate from food packaging onto food and expose consumers to PFAS through ingestion.

McDowell’s complaint cites a Consumer Reports report that found 195.3 parts per Million of total organic fluorine. This is an indicator of the presence of PFAS chemicals in McDonald’s food packaging. According to the lawsuit, the levels of PFAS found in McDonald’s food packaging could expose a consumer “to PFAS at levels several orders of magnitude greater than what one would get from drinking a liter of water containing PFAS at the safe level by the EPA.”

The lawsuit cites Consumer Reports’ findings that extremely high levels were found in McDonald’s French Fires, bags of cookies, containers for chicken nuggets, and the Big Mac container.

McDonald’s is also accused of knowing about PFAS in their product packaging for years. However, McDonald’s falsely and deceptively used the Forest Stewardship Counsel’s trademark (FSC), which allows consumers to believe that the packagings are safe and sustainable and can be trusted.

According to the complaint, “No reasonable consumer would assume that a product marketed to be safe and sustainable would pose a threat to their health, safety and wellbeing or that it would contain hazardous PFAS, which are indisputably connected to harmful effects on humans and the environment.”

McDonald’s is accused of misleading consumers by omitting and misrepresenting information about harmful forever chemicals in their product packaging. This was done to reduce packaging costs and increase profits at the expense of the consumer’s health.

To seek damages for those consumers who were affected by the misleading marketing and labeling of McDonald’s products and to sue the fast-food giant for negligent misrepresentation and unjust enrichment, fraudulent and fraudulent misrepresentations, as well as fraudulent concealment and fraudulent concealment, a class action status is sought.

Fast Food Packaging – Toxic Chemicals

Because of their resistance to heat, grease, stains and water, PFAS chemicals were introduced to the manufacturing industry in 1940. PFAS chemicals have been associated with a variety of health problems, including liver damage, thyroid disease and decreased fertility.

Consumer Reports published a report last week about PFAS chemicals found in fast food packaging. It examined more than 100 products from popular chains such as McDonald’s, Burger King and Chic-fil-A. They found that 37 of the products had levels exceeding 20 parts per million and 22 had levels above 100 ppm.

Researchers discovered elevated levels of PFAS in paper bags and hamburger wrappers, paper plates, fiber salad bowls, paper plates, and other packaging. Consumer Reports found that even though they had made a commitment to eliminating PFAS and encouraged healthier lifestyles, the levels were still high.

A federal investigation revealed that PFAS chemicals were commonly found in many food products including meats, fish, cakes, and other baked goods. The FDA issued a statement saying that the levels found did not pose a health risk based on all available science.



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Wednesday, 13 April 2022

Three Lawsuits Filed Against The LA Dodgers Security

Three lawsuits were filed Tuesday against Los Angeles Dodgers alleging that the stadium security forces committed acts of violence against several “passionate and supportive” baseball fans during the 2021 season.

Los Angeles County Superior Court filed three suits detailing incidents in which security personnel allegedly committed acts of assault, battery, and false imprisonment against Dodger Stadium fans.

Peter DiDonato, plaintiffs’ attorney, stated that Dodgers fans demanded that the owners immediately alter the overhand security policies at Dodger Stadium.

Joe Jareck, a Dodgers spokesperson, stated that the team does not comment on any pending litigation. Additional questions regarding security protocol were not answered by Jareck.

Court documents state that the security team is made up of “non-sworn people,” off-duty uniformed Los Angeles Police Department officers, and off-duty law enforcement officers with no badges.

LOS ANGELES – MARCH 29, 2019: Robbie Ray #38 from the Arizona Diamondbacks pitches against Los Angeles Dodgers during the first inning at Dodger Stadium, Los Angeles, California, on March 29, 2019. (Photo by John McCoy/Getty Images. ** OUTS, ELSENT FPG, CM, OUTS * NM – PH, VA, if sourced from CT, LA, or MoD

DODGERS

Dodgers Dugout Security: Some Dodger Stadium fans remain concerned about security

April 1, 2019

After an Aug. 17 match against the Pittsburgh Pirates, the first incident was reported to have occurred in the parking lot at the Elysian Park stadium.

Salvador Mota was preparing to leave the stadium with his wife Marie when security officers asked him to get out of his car.

According to the suit, he was then “assaulted” and “battered” by off-duty and non-sworn security personnel wearing dark polo shirts.

The complaint doesn’t explain why officers stopped Mota at first or ask him to get out of his car. DiDonato, reached by telephone Wednesday, stated that the attack occurred without provocation.



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Hydrogen-Powered Planes Coming Soon


Hydrogen has long been touted as the fuel of the future, but it’s never quite taken off. Meet the scientists and entrepreneurs who are making it a reality. #Accelerate #Aviation 



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Cricket Wireless Class Action Update On Alleged False Claims

Federal Judge certified a class action lawsuit alleging that Cricket Wireless deceived consumers by saying it could provide unlimited 4G coverage to areas where 4G was unavailable.

U.S. District Judge William Alsup approved the class action lawsuit in California federal courts. This rejected Cricket Wireless’ claim that the class members had not had a consistent experience with the company’s wireless service. Law360 reports.

“In this instance, it would be acceptable for plaintiffs to try to prove that although not everyone relied upon Cricket’s representations on their fraudulent scheme theory, a critical mass relied upon Cricket’s representations regarding 4G to artificially support an artificially supported higher price for both phones plans and phones,” wrote Alsup.

“All customers, therefore, paid more because they bought 4G phones and plans that were supposedly worth more than what they actually were.”

The class-action lawsuit claims that Cricket Wireless plans for 4G enabled phones and plans in areas without 4G coverage were unfairly overpriced to consumers. Law360 reports that Cricket Wireless calls the scheme “4G in Non-4G Markets” and it is estimated to have cost hundreds of thousands of consumers millions of dollars.

Alsup rejected the consumer claims under California’s Consumer Legal Remedies Act but allowed racketeer-influenced and corrupt organizations Act claims to be maintained. Alsup’s latest ruling removed the class action lawsuit from consumers who were bound to arbitration agreements.

Cricket Wireless is not the first to face legal action. AT&T acquired Cricket Wireless in 2014. The company settled claims regarding 4G false advertising in 2015.

In July, the Maryland Attorney General’s Office ordered AT&T to pay $3.25million to customers who bought prepaid phones from Cricket Wireless. The companies were alleged to have known that these phones would cease to work after their merger.

Did you ever buy a 4G phone only to discover that you are not in an area with 4G? Please share your experiences with us in the comments section.

Jonathan Taylor, Gupta Wessler PLLC, and Tyler W. Hudson, Wagstaff & Cartmell are the consumers’ representatives.

Cricket Wireless is represented in Mayer Brown LLP by Matthew D. Ingber.

Thomas et. al. are the Cricket Racketeering Class Action Lawsuit. v. Cricket Wireless LLC et al., Case No. 3:19-cv-04270, in U.S. District Court of the Northern District of California



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Tuesday, 12 April 2022

New York to Introduce a Law Ending Habit of Pausing Foreclosure Proceedings

The state of New York’s Legislature is likely to enact a bill that mortgage financiers and servicers expect to make it nearly impossible to sanction foreclosure proceedings successfully.

Last week the state assembly passed The New York Foreclosure Abuse Prevention Act, which is likely to pass the state senate this week. It is expected that Governor Kathy Hochul will approve the legislation into law.

As per the bill, an appellate court ruling in the Freedom Mortgage vs. Engel case pushed lawmakers to act. The ruling gave mortgage lenders and servicers the power to arrest, control, halt, and recommence restrictions timeline at will, at the disadvantage of New York house owners.

Consequently, legislators say that courts across the state have been inundated with motions from lenders seeking to restart previously dismissed foreclosure suits due to limitation period issues. In the Engel case, the court’s ruling allowed lenders to voluntarily suspend the state’s 6-year statute of limitations timeline on foreclosures, with the option to resume the action in six years.

According to the legislators, this resulted in foreclosure moves not being time-restricted anymore, trapping countless homeowners in a judicial purgatory state with their homes’ fate suspended in limbo.

The proposal claim’s opponents say that it will severely restrict mortgage holders’ ability to reach a decision on the facts of foreclosure claims and encourage mortgage holders to defer the foreclosure process and reject loss remediation and debt restructuring attempts.

Opponents of the legislation also claim that it punishes lenders for possible procedural faults that could lead to a plaintiff getting a free home as a windfall in some instances.

Since most lending institutions throughout the country have a substantial portion of their investments in New York, said attorney Brian McGrath of Hinshaw & Culbertson, the legislation’s impact reaches beyond the state.

McGrath said he acknowledges why bill supporters think it will keep homeowners and help stop predatory lending, but that might not be the case. He said that the law doesn’t prevent that and is likely to work against clients.

Also, McGrath predicts a slew of negative consequences if the bill passes. He says lenders will quit originating loans in New York since foreclosing is too tricky, but he anticipates them raising income thresholds if they keep going on with business in New York. He says people most likely to be affected more will be first-time owners and low-income mortgagors.

To avoid following through or filing out a foreclosure, McGrath believes lenders would no longer attempt to cooperate with borrowers that have fallen behind on loan payments by giving debt forgiveness, deferring payments, or slashing monthly costs.

Finally, because the law will apply retroactively to ongoing foreclosures, McGrath anticipates legal action claiming that the act violated lenders’ due process rights assured by the 14th Amendment to the United States Constitution.



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Friday, 8 April 2022

Why Starbucks Workers Fought to Unionize

Michelle Eisen, a leading organizer of Starbucks Workers United, has successfully unionized a Starbucks store in Buffalo, New York. But she says her journey is just beginning. #Gamechangers



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Thursday, 7 April 2022

The Scope of Section 15(b) Claims May Face New Changes Due to BIPA Opinion

In Zellmer, Inc., no. 18 CV 1880 (N.D. Cal. Mar. Mar. Continue reading to find out more about this and the implications for third-party providers of biometric technology.

Factual Background

Clayton Zellmer, Plaintiff filed suit against Facebook in California federal court in 2018 for violating BIPA’s notice requirements and consent requirements. The lawsuit was related to the photo “tagging”, which allegedly used facial recognition technology. For the purposes of this litigation, Zellmer filed suit against Facebook despite not having an account with the company nor ever using its services. Zellmer represented a class of non-users of the social network site in the litigation.

Facebook, among other challenges, moved for summary judgment on the BIPA claim. It argued that non-users could not establish a Section 15 (b) notice or consent claim against the company.

Non-Users Excluded by Law from Maintaining Cognizable Section 15.b) BIPA Claim

At summary judgment, the court sided with Facebook, noting that Facebook’s reasoning was clear: It would be patently absurd to interpret BIPA as requiring that the company notify and obtain consent from non-users who were, in all practicality, complete strangers to the company and with whom it had no relationship whatsoever.

Additionally, the court noted that Illinois’ well-known “cardinal rule”, which states that courts must determine and implement the intent of the legislature, supported summary judgment for the company. The court stated that BIPA was only applicable in cases where the Illinois legislature had “clearly” intended that it would apply to businesses that have at least some degree of contact with or knowledge of those who are subject to the collection of biometric data. The legislative findings strongly suggested that BIPA was intended to apply interactions among businesses and customers. These examples, along other references to “financial transactions and other business practices” conveyed the intent of the legislature that BIPA only applies where there is at minimum a level of contact that a person has with an entity that may be collecting biometric data. Facebook could not be held responsible for the failure to comply with Section 15(b) because both the plaintiff and the putative classes were completely unknown to it.

It was also noted that “a court presumes the legislature didn’t intend absurd, inconvenient or unjust results.” This further supported summary judgment for the Section 15(b), claim of the plaintiff. The court also emphasized the fact that the Illinois Supreme Court had specifically stated that complying with the law should not prove difficult and that businesses should incur minimal expenses to do so. A company must identify all Illinois non-users on a regular basis to be required to apply Section 15(b). They should also find a way to contact them to give notice and get consent.

The court concluded that this was an unreasonable interpretation of Section 15(b), which would place companies like Facebook in an “impossible” position. This was not consistent with the intent of the Illinois legislature or the Illinois Supreme Court’s decision that BIPA shouldn’t impose unusual burdens on businesses.

Facebook’s claim under Section 15(b), for these reasons, was granted summary judgment by the court.

Takeaways

Although the opinion was only eight pages long, the Zellmer court may have had a significant impact on the future scope of BIPA Section 15.b claims.

The opinion outlines several limitations that could be placed on BIPA notices and consent claims. This may be pertinent to future litigations.

  • Section 15(b), which does not require consent or notice from companies, is not applicable to non-users who, for all practical purposes are strangers to the company, and with whom the company has no relationship.
  • BIPA, as a whole, is only applicable to situations in which a business has “at minimum some measure of knowing contact” with and “awareness of” people who could be subject to biometric data collection.
  • BIPA is only applicable to interactions between businesses and customers, such as at grocery stores, gas stations and school cafeterias.
  • The principle of construction states that “a court presumes the legislature did not intend absurdly inconvenient or unjust outcomes” and the Rosenbach court stated specifically with respect to BIPA, “[c]ompliance shouldn’t be difficult” and that expenses incurred by businesses to comply with the law should not exceed $5. Companies cannot be required to give notice or obtain consent if doing so would result in significant monetary and other costs.

The Zellmeropinion is particularly relevant to third-party providers of biometric technology. This is where a strong argument exists to support the claim that vendors are not liable under Section 15(b). The vendor cannot be held responsible for claims if the plaintiffs have a direct relationship to the vendor’s customer but not with the vendor, and the vendor has no level of knowledge about the plaintiffs who submit biometric data to the vendor.



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Wednesday, 6 April 2022

Understanding North Carolina Licensing for General Contractors As a Partnership

North Carolina’s joint ventures are a common way to undertake construction projects. Two companies can work together to create a joint venture. Joint ventures can be considered unincorporated associations. To avoid legal and regulatory pitfalls, joint venture parties should be aware of North Carolina’s licensing requirements.

North Carolina law requires that any company or firm that proposes or constructs a building or improvement costing $30,000.00 or more be licensed by the North Carolina Licensing Board of General Contractors.

There are many questions about how to license a joint enterprise or which partners must be licensed. Is it possible to meet the licensing requirements if an outside contractor enters into a joint venture with a licensed general contractor in North Carolina? What happens if an unlicensed developer wishes to form a joint venture with licensed general contractors for the purpose of building a project?

The key question when analyzing licensure requirements is who enters into the construction contract? The entity signing the contract must be licensed. It can be a corporation, limited liability company, or partnership.

North Carolina does not recognize a joint venture in the same way that it is recognized as a separate business entity by statutes. Joint ventures can be compared to general partnerships, and this is how they are usually treated legally.

For licensing partnerships, the default rule is that each partner must have its own license. The license must be in the partnership’s name. If parties A and B form AB Construction partnership, the license must be in AB Construction’s name. The fact that one or more partners hold a general contractor license does not make a partnership validly licensed.

Joint ventures in North Carolina are exempt from the general rule. A joint venture can still practice general contracting within North Carolina, provided it has the appropriate license. A joint venture can practice general contractor in North Carolina, but it must have its own license. This is if each principal or member of the joint enterprise has the appropriate classification and the required limitation. One exception to this is if one joint venture is a limited liability business. If this is the case, the limited liability company’s members and managers must be licensed to practice general contracting in North Carolina.

Before any work contract is signed, it is crucial to follow these licensing requirements from the beginning of a project. An unlicensed general contractor can’t enforce the contract it has with the project owner, in addition to any regulatory action the licensing board might take (including reprimands and license suspensions). It cannot enforce its contract legally to collect any amounts that may be due. This defect cannot be fixed by complying with licensing requirements after signing the contract.



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High-End Classic Cars Converted to Electric

At Austin, Texas-based Moment Motor Co., beloved vintage cars from Porsches to DeLoreans are converted into electric vehicles, making them cleaner and more reliable while retaining their classic feel. #EV #MADE #BloombergQuicktake



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Tuesday, 5 April 2022

Why Starbucks Workers Fought to Unionize

Michelle Eisen, leading organizer of Starbucks Workers United, has successfully unionized a Starbucks store in Buffalo, New York. But she says her journey is just beginning. #Gamechangers #BloombergQuicktake ——–
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Africa’s Plan to Bring Chocolate Profits Home

The $100 billion chocolate industry largely begins in Ivory Coast and Ghana, but farmers there get very little of the revenue. Most goes to European countries where companies turn raw beans into pure profit. African governments and entrepreneurs are now looking to break the colonial cycle. #Africa #Trade #BloombergQuicktake ——–
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Subscribe to Quicktake Explained: https://bit.ly/3iERrup QuickTake Originals is Bloomberg’s official premium video channel. We bring you insights and analysis from business, science, and technology experts who are shaping our future. We’re home to Hello World, Giant Leap, Storylines, and the series powering CityLab, Bloomberg Businessweek, Bloomberg Green, and much more. Subscribe for business news, but not as you’ve known it: exclusive interviews, fascinating profiles, data-driven analysis, and the latest in tech innovation from around the world. Visit our partner channel QuickTake News for breaking global news and insight in an instant.



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War in Ukraine Leaves 2.7 Million Disabled People at Risk | Baroness Jane Campbell

Emma Barnett meets activist and campaigner Baroness Jane Campbell to discuss the impact Russia’s war on Ukraine is having on the disabled, living with spinal muscular atrophy, her fight to block legalization of assisted dying and her hopes for individuals with disabilities around the world. Interview recorded on March 16, 2022. #EmmaBarnettMeets #Ukraine #BloombergQuicktake
——–
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Subscribe to Quicktake Explained: https://bit.ly/3iERrup QuickTake Originals is Bloomberg’s official premium video channel. We bring you insights and analysis from business, science, and technology experts who are shaping our future. We’re home to Hello World, Giant Leap, Storylines, and the series powering CityLab, Bloomberg Businessweek, Bloomberg Green, and much more. Subscribe for business news, but not as you’ve known it: exclusive interviews, fascinating profiles, data-driven analysis, and the latest in tech innovation from around the world. Visit our partner channel QuickTake News for breaking global news and insight in an instant.



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Monday, 4 April 2022

Richard G. Duncan

SEC Obtains Final Judgment Against Massachusetts Investment Adviser for Persuading Retail Investors to Place Money Into an Overseas Scam



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Chatfield PCS Ltd. et al.

SEC Obtains Final Judgment Against Defendants Charged with Fraud Involving Sham Bottling Company



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SEC Division of Examinations Announces 2022 Examination Priorities

The Securities and Exchange Commission’s Division of Examinations today announced its 2022 examination priorities, including several significant areas of focus and many perennial risk areas. The Division will focus on private funds, environmental, social…



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Improperly Trained Trucker Alledgely Causes Accident

It was still early in the morning, and the sun was just rising. Mr. Harris was heading to work on Highway 183. A line of cars was stopped. The five-car line was headed by Mr. Harris. The last car in the lineup was hit by an 18-wheeler. He didn’t see the cars fast enough to stop in time for the dawn, which was still dark. His high beams were not on.

Although the accident occurred in 2016, Mr. Harris survived the injury and has suffered from neck and back pain. His management now makes sure that he does not lift any heavy objects and he works in a construction firm. He can take breaks as needed.

After bringing a personal injury case against the trucking company, Mr. Harris was awarded a settlement. The trucking company failed to train the trucker to use high beams at night, even though the driver was only working the overnight shift. Neglectfulness was evident in the absence of training.

If a new proposal is made by the Texas Legislature, cases like this could be handled differently. This would restrict the evidence that can be presented at a trial. This would make it more difficult to win cases and make trucking companies less willing to settle.

According to a Federal Motor Carrier Safety Administration report, Texas had 20.52 deaths involving large trucks per million in 2018. According to the FMCSA analysis, Texas also had more fatalities involving large trucks than other states.

House Bill 19 would prohibit the use of evidence of negligence in hiring or training drivers. The only evidence of negligence in hiring, training, or supervising drivers would be allowed in the first phase. However, improper truck maintenance and driver fault could still be presented in phase 2.

Phase two would require evidence of gross negligence. This is a higher legal standard that requires proof that a company “proceed with conscious disregard” to safety. A unanimous jury must decide whether gross negligence is proven. To determine the lower threshold, you will need to have 10 of the 12 jurors vote accordingly.

Brooks Schuelke (an Austin truck accident lawyer), said that this would bring life to the expression “One and done” and that it was over. He was not involved in the case.

“If the bill is passed, most cases will not go beyond phase one as there would be no evidence to support it.”

Schuelke stated, “It shouldn’t surprise that insurance companies and trucking companies love this measure and feel their industry has been inundated by unfair lawsuits.”

“It’s a fact that too many truck accidents have occurred that shouldn’t have.”

If you are injured or lost in a truck accident, it is important to consult an Austin truck accident lawyer immediately.

Schuelke Law PLLC

https://www.civtrial.com
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944



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Topgolf Settles Workers Pay Lawsuit

Topgolf, an international company, will pay an undisclosed amount to its workers to settle claims that it incentivized U.S. managers by underpaying staff.

This settlement resolves a lawsuit that was first filed in Texas federal courts in 2020 by two former employees of Chron.com reports.

The lawsuit claims that Topgolf exploited a loophole within the Fair Labor Standards Act in order to pay his staff $2.13 an hour. This is well below the $7.25 minimum wage because they were given tips during their workday.

Staff members claimed that they were paid $2.13 an hour for untipped work such as cleaning and sanitizing, but not tipping.

The plaintiffs also claimed that Topgolf had software that would have allowed it to differentiate the different tasks and increase pay up to $7.25 per hour for non-tipped labor. But it never did.

Plaintiffs claimed that Topgolf instead encouraged its managers not to pay their workers enough by rewarding those who kept labor costs low.

According to the class-action lawsuit, managers were entitled to bonuses if they met or exceeded certain labor cost targets. This created an incentive to lower the tipping amount.

Topgolf refuted the claims.

Topgolf Back Pay-Class Action To Benefit Thousands

The lawsuit sought to recover wages for non-tipped employees at $7.25 an hour. Staff members with similar claims to the lawsuit will be benefited by the lawsuit.

Chron reported that Topgolf, which is owned by Callaway Golf Company has been the subject to several large-scale lawsuits.

Top Golf was required to pay $750,000 in back pay to 25 U.S. employees for unpaid overtime. According to the company, employees were promoted without pay increases commensurate with their performance and they failed to compensate for overtime worked beyond 40 hours per week.

Topgolf also agreed to a $2633,400 settlement in 2021 to benefit employees who used a biometric fingerprint scan to clock in or out.

Topgolf was sued in a class action suit. Topgolf was accused of violating the Illinois Biometric Information Privacy act, or BIPA. Topgolf did not give employees written notice or get their consent before collecting fingerprint data. The plaintiffs also claimed Topgolf failed to destroy the fingerprint data promptly.

In financial reports for the 2021 fiscal year, Callaway reported 1 billion in revenue from Topgolf properties.



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Lawyer Reacts to Will Smith Splapping Chris Rock



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Friday, 1 April 2022

Federal Civil Lawsuits Filed Drop 27%

The federal judiciary has released a new report that shows that the number of civil filings dropped dramatically in 2021. This is largely due COVID-19 disruptions, which may have discouraged plaintiffs seeking to pursue lawsuits.

The U.S. Courts published a Judicial Business 2021 report this month. It indicated that, despite attempts to keep the court system remotely running, there were significant reductions in regional Court of Appeals and District Court filings during the 12-month period ending on September 30, 2021.

Many people who might have pursued a legal claim or become involved in a pending lawsuit may not have been as eager to make a claim due to the uncertainty surrounding COVID-19 pandemic. Federal courts have suspended hearings in person.

The overall number of criminal and civil cases in the U.S. District Courts decreased by 23% over the 12-month period. Particularly, the number of civil filings declined by 27% while those involving diversity in citizenship fell 41%.

The U.S. District Courts only saw a one percent drop in criminal filings, but there was an 18% decrease in defendants being prosecuted for immigrant violations. Frau cases rose by 18%, sex cases increased by 10%, and crimes involving explosives and firearms rose by 8%.

The U.S. Court of Appeals saw a decline of around 8% in filings at the 12 regional circuit courts. This is a decrease of about 8% compared to the 12-month prior. Similar to the trend in civil appeals, caseloads for civil appeals declined by almost 10%.

Despite the decline in caseloads, 14% more federal cases were brought to trial in 2021 than the previous year. There was also an 11% increase of civil trials after the “stay home” orders were lifted.



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CIM and KBS Boars Recommend Shareholders Reject Comrit Offer

CIM Real Estate Finance Trust and KBS Real Estate Investment Trust III Inc. have each issued a letter to shareholders encouraging them to re...