Protect Consumer Justice

Big verdict leads to re-examination of nursing home care

jg — Thu, 02 Sep 2010 15:04:59 +0000

Associated Press: Paul Elias writes about the aftermath of a $677 million verdict returned in Eureka, Calif., against nursing home operator Skilled Healthcare for failing to meet California’s minimum staffing requirements. In the story, an advocate for nursing home patients said, “The fact that this company couldn’t maintain these minimum standards makes you wonder why it was in the nursing home business to begin with.” And California’s minimum staffing standard is 22% below the federal recommendation.

Nursing homes hit with $670 million in damages for understaffing

Elder abuse leads to $28 million punitive damages award

Board drops ball on vetting nursing applicants

N.Y. Times: Wal-Mart employment practices “deserve a full hearing”

jg — Tue, 31 Aug 2010 17:23:39 +0000

New York Times: In an editorial, the Times urges the U.S. Supreme Court not to block a class action lawsuit accusing Wal-Mart of discriminating against female workers in pay and promotions. The editorial says Wal-Mart is smart to take the matter to the Supreme Court, “given the court’s clear tendency to rule in favor of corporations.” But the Times argues, “Wal-Mart’s employment practices deserve a full hearing…The Supreme Court should give the women of Wal-Mart a chance to make their case together.”

What did Wal-Mart know, and when did it know it?

Appeals court clears way for Wal-Mart class-action suit

Wal-Mart agrees to $86 million settlement with California employees

Facebook faces class action over use of minors’ photos

jg — Tue, 31 Aug 2010 17:17:37 +0000

PCMag.com: “Facebook was hit with a proposed class-action suit…arguing that the site’s use of the ‘Like’ button exploits the preferences of minors for commercial gain,” reports Mark Hachman. Plaintiffs attorney John Torjesen calls a new application of the “Like” button “a clear case of exploitation of children for the sake of profits.”

Goldman Sachs faces class action suit for allegedly deceiving investors

The subprime mess: Class action suit revived in Countrywide case

A conversation about defibrillators and class action settlements

Naptime for Voir Dire

scott — Fri, 27 Aug 2010 18:37:55 +0000

Well, after more than four months of this conversation about all things legal, Voir Dire is going dark for a bit so we can figure out how this has worked, where we can improve, and what other tacks we might take to better provide information and links to consumers, the legal profession and journalists.

“Hiatus” is the word. And this seems like the perfect song for the moment.

On John Stossel, and lawyers as ‘parasites’

With the Gulf covered in oil, Jeff Sessions now likes the idea of suing

Arbitration clause doesn’t let Hooters off the hook

jg — Thu, 26 Aug 2010 22:28:30 +0000

Detroit Free Press: A Macomb County (Mich.) judge has ruled a mandatory arbitration clause in Hooters employment contracts does not prevent the company from being sued for discriminating against waitresses based on weight. Judge Peter Maceroni said the two former waitresses who filed the suit “may not have knowingly waived their right to litigate their claims in court should their claim be proven that they were never afforded an opportunity to take the agreement with them to consult with counsel,” according to this report by Cecil Angel.

“Beware the arbitration clause”

U.S. Supreme Court rules arbitrators get to decide whether arbitration is fair

Collapse of collection company reveals abuse of arbitration

US. Supreme Court asked to weigh in on Wal-Mart discrimination suit

jg — Thu, 26 Aug 2010 21:14:52 +0000

New York Times: Wal-Mart Stores has asked the U.S. Supreme Court to determine if a gender discrimination suit against the company can remain a class action, with more than a million plaintiffs. The suit, which began nine years ago, alleges women were discriminated against when promotion opportunities arose. Steven Greenhouse tells the stories of several of the women involved in the case. Stephanie Odle, who started the case but is no longer part of it because she left California, said, “We’ve already won because they already had to change their policies toward women because of us.”

Appeals court clears way for Wal-Mart class-action suit

Why has Wal-Mart spent more than $1 million to fight a $7,000 fine?

24 Hour Fitness faces discrimination suit

Metrolink crash should spark reform of damages cap

scott — Thu, 26 Aug 2010 09:57:57 +0000

Nearly two years ago a Metrolink engineer was busy texting when his commuter train hurtled through a red stop light and into the path of an oncoming freight train, killing the engineer and 24 others, and injuring 135 people — the worst crash in Metrolink’s history.

Under the federal Amtrak Reform and Accountability Act of 1997, the most Metrolink and Connex Railroad, which had been contracted to operate Metrolink’s trains, can be liable for in damages from that incident is $200 million — which, in fact, the two entities told a judge Wednesday they are willing to pay to settle the outstanding claims.

That comes out to an average of $1.3 million per victim, before legal fees. A paltry sum given the apparent gross negligence of the engineer, and the medical bills and other damages incurred by those who lost family members, or who were injured themselves.

The proposed settlement in the Metrolink crash could lead to a court challenge over the liability cap, which would be good, Better, though, would be for lawmakers to follow up on their previous criticisms and remove the limit. As we’re seeing in the Gulf oil disaster, such limits only benefit the guilty.

Why a conservative opposes “tort reform”

Iowa jury awards $33 million after faulty tire causes fatal crash

Tort reform: Just an effort to shift responsibility