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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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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