Legal Radar

Faulty Statistics Gets Class Action Suit Tossed

Bank employees seeking $15 million award found their case tossed out by the California Supreme Court due to a statistical sample which was flawed. The justices mentioned specifically that class actions dealing with wage-and-hour should still use statistics in court, but the statistics must be reliable. The attorneys for the plaintiffs in the class action Duran v. U.S. Bank National Association used statistical samples in order to generalize liability and damages for an entire class. While Justice Carol Corrigan upheld the reliance on statistical evidence in class actions, she also stated that the sampling must be appropriate and justified. The bank claimed that they had the right to call each of the class members to the stand individually, but the courts quickly shot that claim down.  The suit alleges that the bank misclassified a group of their banking officers as sales staff and thereby exempt them from overtime pay. The lower court had to deal with the issue of whether or not the employees could be considered as outside sales staff which means that they spend half of a workday away from the office. The sample was not random and it included two plaintiffs which were handpicked by lawyers who allowed some selected members to opt out. 

Amazon not allowed .Amazon Domain

Amazon.com Inc. petitioned the Internet Corporation for Assigned Names and Numbers (ICANN) asking to be granted the domain name, .amazon.  However, the committee responsible for making the final decision for domain names denied amazon the domain .amazon. Even though Amazon.com is known worldwide, the domain name cannot be assigned because of the confusion it might cause with some of the South American nations which desire to preserve the name for “the Amazonian biome and its local populations.” Some of the prominent South American countries such as Chile, Uruguay, Brazil and Argentina stated that the word “Amazon” should be reserved for indicating the geographic region and the cultures which are directly connected with the term. Amazon.com may appeal the ICANN decision or request an independent review. They may also be able to negotiate with the South American governments that are affected. They may also completely withdraw their application. The company has not responded to any requests for comments.

Child Porn Victim Allowed to File Suit Anonymously

Ronald Oshrin was convicted of one count of producing child porn and was given a 15 year sentence. His victim requested that her civil suit against Oshrin be filed under a pseudonym so that her real name and address are concealed from the defendant. The plaintiff must reveal her identity to the court but the information is to be designated as “Attorney’s Eyes Only” according to U.S. Magistrate Judge Ann Marie Dunio. According to authorities, Oshrin had used hidden cameras throughout his home in order to record a number of minor girls dressing, changing, using the toilet and showering. He then circulated the videos and images online. The anonymous victim is filing suit under the Child Protection and Obscenity Act which allows for victims of child pornography to sue the responsibly party for damages that occurred. The plaintiff is suing due to the “severe anxiety, mental anguish, embarrassment, and stress” that she suffered due to the actions of the defendant.

Leave with Pay is not a "Reasonable Accommodation"

Judge Gisele Pollack found herself removed from the bench after presiding over the courts while intoxicated. Early in May, she reportedly walked out of a rehab facility and was involved in a vehicular accident on her way back to Broward County. The other driver sustained a minor injury. Pollack was arrested and charged with driving while drunk and causing a bodily injury. On May 23, Pollack was suspended without pay however, her attorney has expressed concern about her ability to continue treatment without an income and the hardship that could occur should she not be able to secure finances. Legal representation stated that alcoholism is considered a disability under the ADA. However, the ADA pertains to making “reasonable accommodations” for those with disabilities, and this does not include paid leave. Pollack would be able to use sick leave or vacation pay had she accrued any. She may have some rights under the FMLA.

Courts to Determine if Jurors were Discriminated Against

When the jury for Dagoberto Sanchez was being selected the Massachusetts state prosecutor excluded three young African American men from sitting on the jury. The precedent setting case Batson v. Kentucky determined a three-part test that should be used to determine whether or not to eliminate a juror. The Massachusetts Appeals Court was accused of ignoring these criteria by eliminating these three young men from Sanchez’s jury. The state argued that the jury was well balanced racially and there were other black jurors. They also argued that “youth” isn’t a protected class.  Earlier this week, a federal appeals court ordered an evidentiary hearing to determine whether or not the exclusion of these three young black men was constitutional or not. Judge O. Rogeriee Thompson stated that the Massachusetts Appeals Court was guilty of fostering racial discrimination when the three young men were denied seats on the jury.  If the judge does find that there was discrimination involved in selecting jurors, a retrial will be needed.

U.S. Panel to Make Decision on GM Ignition Litigation Location

General Motors Co. insists of returning to a courtroom in New York to fight its legal battle against 90-plus ignition-switch defect lawsuits, while some vehicle owners want their cases to be heard by a judge in California, an expert in auto lawsuits.

A federal judge panel will be meeting in Chicago to make the decision.

The ruling, which would start within this week, will be a big step in resolving as to whether GM is responsible for the switch defect and owing billions of dollars in damages to affected vehicle owners of Chevrolet Cobalts and other models.

The final decision on the location is influential not only because of the judge dealing with the case but the impact which local circuit law and rules apply in specific U.S. regions.

General Motors was sued after it started to recall over 2.5 million Cobalts, Saturn models, and other small vehicles this February. Heavy rings caused the ignition switch in some vehicles to slip off from its “on” position thereby interrupting power and inactivating the air bags.

Dolphins Facing Lawsuit after Scout Firing

The Dolphins will likely be facing a lawsuit from Nate Sullivan, a scout who believed he was fired for violating the Americans with Disabilities Act. His attorney submitted a letter telling the team that Sullivan will start a litigation.

Sullivan had been allowed to work from his since 2004 as a result of treating his wife, Joanne, who was diagnosed with polyarteritis nodosa and cystic fibrosis.

Sullivan was given permission to work from home under three former general managers for the Dolphins. His work was further continued from ex-VP of football operations Nick Saban and Bill Parcels. If Sullivan could satisfactorily continue his work while working from home with the VPs running point, Sullivan could’ve resumed with his scouting position.

Sullivan says that Dennis Hickey, the new general manager, said that such arrangement never worked for him. The Dolphins will likely defend indicating the decision has no basis with Sullivan’s working arrangement, but instead stemming from his current job performance.

DIFC Joins Litigation and Arbitration Groups Together

DIFC’S litigation and arbitration operations are to be united under one dispute settlement group, under terms of a new law created by Dubai’s ruler.

Sheikh Mohammed bin Rashid announced that Law No. 7 of 2014, amends the DIFC’s law and orders the creation of a Disputes Resolution Authority from the center.

Such authority will feature DIFC Courts, an arbitrating group, and other sub groups created under the DIFC laws and regulations, according to an official statement from the Dubai Media Office.

The brand new Disputes Resolution Authority will be led by Michael Hwang, the present president of DIFC Courts.

The establishment timing for the Dispute Resolution Authority wasn’t fully disclosed.

While such announcement didn’t specifically indicate the arbitrating body, the description refers to DFIC’s own arbitration center, running in combination with the London Centre for International Arbitration. The union with LCIA isn’t expected to have any effect on the center’s union under the new authority.

Attack on Litigation Funds by Brands Deemed “Baseless”

Plaintiff attorneys and litigation funders is accusing Attorney-General George Brandis of starting an attack on their industry that doesn’t precisely showcase the facts.

They indicated that Brandis ignored fact cases operated by Australian litigation funders were mostly successful, and that false cases would lead to failure of funders.

Steven Lewis, a litigation specialist, said fund contributors utilized strict requirements and turned down further applications for funding than they’ve approved.

Regardless of widespread talk in unregulated funding, the size of the industry in Australia meant market self-regulation mostly succeeded in taking control of rogue operators since walking away from them won’t lead to any work.

The ideal choice would be to follow the British structure that requires funders to voluntarily take part in an industry group with the goal of self-regulated quality control.

Attorneys and funders, however, agreed with Brandis that firms shouldn’t create their own funding companies, a move one lawyer describes to be dangerous.

Massaage Therapist Sues Google for Retaliation in Sexual Harassment Case

Former Google employee, Elvis Gardin was working at the corporate office as a massage therapist. He claims he was sexually harassed by a company engineer who has not yet been named. Gardin claims the Google employee made sexual advances toward him and also masturbated in his presence during a massage session After filing formal complaints with the company, Gardin alleges he received "false and malicious" write-ups. Later when he asked for a leave of absence to take care of his mother who was ill, he was terminated.  Gardin openly states that he is gay and upon his termination he was replaced by a heterosexual female. Therefore, he filed a suit under the Human Rights Law of New York City as well.  Gardin is requesting compensation for the loss of his wages and benefits as well as for emotional stress he alleged suffered from the incident. Google has yet to comment on this incident.