Certification for a class-action lawsuit filed in Oklahoma against carmaker Volkswagen was upheld by the state Court of Civil Appeals on Tuesday. The court also raised a legal question that it failed to answer, regarding whether companies can be sued based merely on their products' potential for causing damage, not on "manifested" damage. Volkswagen does not design, manufacture or assemble its Jetta model anywhere in the United States, but Volkswagen of America Inc. has its corporate headquarters in Michigan. Two Oklahoma residents, Rajina Hess and Kelly Parsons, filed a class-action claim against Volkswagen in the District Court of Pottawatomie County in Oklahoma.
Public records—Federal Freedom of Information Act inapplicable to records of city—R.C. 149.43—Prior request as prerequisite to mandamus action—Immateriality of pending civil suit in which requested records might be useful or available through discovery—Records related to promotional examinations within fire department—Trade-secret exemption—Exemption for records identifying persons as firefighters.
The Oklahoma Court of Civil Appeals has upheld certification of a class-action lawsuit against Farmers Insurance Company Inc. and related companies over the way Farmers processed, reviewed and denied medical-pay claims for some policyholders. According to the court's opinion, in late 2000 Farmers started having such claims reviewed by Zurich Services Corp., a claims management company owned by Farmers that maintains a large database of charges billed by medical providers.
A federal judge Monday dismissed all 18 causes of action listed in a civil suit filed against Columbia police officers involved in a February 2010 SWAT raid. The civil action filed by Jonathan Whitworth, his wife, Brittany Whitworth, and son was scheduled for a Jan. 23 trial in federal court in Jefferson City. U.S. District Judge Nanette Laughrey granted the defendants' request for a summary judgment, dismissing all counts alleged against the city of Columbia and the 12 police officers who were on the scene during the SWAT raid.
...If the United States is not a party to a civil action or suit, the United States may intervene in...
He is suing his partner, Scotty Miller, for more than $5 million, saying Miller stole The Jewish Mother trademark and opened two new restaurants while shoving Colaprete aside. Miller says he became the sole owner of the iconic business when he bought out Colaprete's Jewish Mother stock in 2004. Miller filed a state civil action alleging that last year but withdrew the suit before it was resolved.
At collection, the law firm which employs non-attorney collectors faces a number of serious legal ethics issues. Among those issues are honesty to the courts, balancing the duty of honesty to others with the duty not to give legal advice to parties of adverse interest, supervision of non-attorney employees, and improper threats of criminal or administrative prosecution. Part one of this article examines the attorney's duty of candor to the tribunal. Recently, a number of cases have involved apparent violations of this rule by collection attorneys. These cases tend to have one or both of two unfortunate outcomes: monetary sanctions and/or a referral for disciplinary action. An attorney's dishonesty to a tribunal often is brought to light either in a civil suit or a motion for sanctions. ...
SYRACUSE, N.Y. Over the course of nine years, former ballboy Bobby Davis told his story of sexual abuse at the hands of Syracuse University assistant basketball coach Bernie Fine to the police, the college, the local newspaper and a national TV network. Each time, either he was too late or his story couldnt be proved. When he went public again last month, he was maligned by Hall of Fame coach Jim Boeheim as an opportunist and a liar. On Wednesday, a top law enforcement official became the first to say publicly he believed Davis was a victim and Fine had abused him. At his news conference to explain that the statute of limitations would keep him from conducting an investigation, Onondaga County District Attorney William Fitzpatrick addressed Davis directly. Bobby, Im sorry it took so lo...
BANGOR - A lawsuit over the marketing of light cigarettes could be headed back to the U.S. Supreme Court after a federal judge denied a motion to apply facts found in a previous case to the current one. S. District Judge John Woodcock said in a 16-page decision issued Friday that it would not be fair to the litigants to apply the facts found by a judge in a jury-waived criminal trial in a case brought by the U.S. Department of Justice against tobacco companies to the potential class-action civil suit.
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