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  August 16, 2018

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Class Action

 
California Jails to Enact Zero-Tolerance Discrimination Policy Following Class Action
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Southern California jail officials will enforce a zero-tolerance policy on discrimination as part of the settlement of a discrimination lawsuit filed by gay, bisexual and transgender inmates. According to the class action lawsuit, the non-heterosexual and non-cisgender inmates were denied opportunities to participate in the jail’s work, education, drug rehabilitation and religious programs. One plaintiff in the class action lawsuit alleged that he was sent to the so-called “Alternative Lifestyle Tank” after identifying himself as gay while being processed. Others in the suit alleged various forms of mistreatment at state facilities. The settlement is up for approval at a hearing on Friday morning, when plaintiffs will ask U.S District Judge Jesus G. Bernal to certify a class of 655 people.
Martin Macias, Jr. , Courthouse News Service 08/15/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: Courthouse News Service    


Laws/Cases

 
Kansas School District Faces Pay Disparity Lawsuit Filed by EEOC
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The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit alleging that a female principal at a Kansas school district was paid less than a male principal with the same responsibilities. According to the lawsuit, the plaintiff was paid 90 percent of the base salary of her male counterpart, due to discriminatory actions by Unified School District 245 LeRoy-Gridley. After asking for a raise, the plaintiff was eventually replaced with a male principal, the complaint alleges, and her successor was paid the same as the other male employee. The lawsuit alleges the defendants have violated the Equal Pay Act of 1963, which prohibits companies from paying women and men unequally for the same job.
Staff Report, The National Law Review 08/15/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: The National Law Review    

Woman Attacked and Robbed Outside Walgreens Files Suit
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A Mississippi woman has filed suit against a Jackson, Mississippi Walgreens over an incident in which she was assaulted and robbed in the parking lot. The complaint was originally filed in Hinds County Circuit Court but was refiled this week to federal court in Jackson. The plaintiff alleges she was attacked outside the store by an unknown assailant, who stole her belongings and threatened her with future harm. "Defendants knew young men were causing problems in the parking lot and other common areas but took no action to ensure the customers and invitees would be safe from harm," states the lawsuit.
Jimmie E. Gates, The Jackson Clarion-Ledger 08/15/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: The Jackson Clarion-Ledger    


Wrongful Death

 
Boating Crash Leads to Death of Two, Family of Woman Killed Files Suit
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An Alabama woman was killed in a boat crash on July 4 and now her family has filed a wrongful death suit against the boat's driver. The 29-year-old boat driver was charged with two criminal counts of reckless murder in the deaths of the 23-year-old woman and a 46-year-old man. The driver was found to have a blood alcohol content of nearly three times the legal limit after the deadly crash. The lawsuit was filed against him Tuesday morning in Hale County Circuit Court and seeks a jury trial and all available damages under Alabama state law.
Stephanie Taylor, The Tuscaloosa News 08/14/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: The Tuscaloosa News    

$11M to Family of California Teen Who Drowned in School Pool
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An $11 million settlement will go to the family of a California boy who drowned in a school pool. The 13-year-old boy was attending a party at Vista Murrieta High School when he drowned. The family filed suit alleging the lifeguards at the pool failed to see him on the bottom of the pool for two minutes and did not administer CPR after he was pulled from the pool by his classmates. Officials believe the boy was without oxygen for a total of nine minutes. He remained in a coma for a month before he was declared brain dead.
David Boroff, New York Daily News 08/14/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: New York Daily News    

Biological Father Will Not Get Settlement Over Death of Son He Abandoned, Says Judge
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A Wisconsin judge has denied a man's request to receive half of a wrongful death settlement over the death of a son he abandoned as a child. Circuit Judge David Borowski stated it would be a "gross miscarriage of justice" to give a man who abandoned his child at 5 years old half of an $837,000 settlement. The lawsuit was filed by the mother of the 25-year-old man, who died at the Mental Health Complex in 2012. The mother of the boy fought the biological father's request for half of the settlement, stating that he raped her when she was 15 years old and then abandoned her and the child.
Bruce Vielmetti, Milwaukee Journal Sentinel 08/16/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: Milwaukee Journal Sentinel    



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The South Carolina Association for Justice (SCAJ) was founded over 50 years ago by a small group of trial lawyers. Since then, our mission has been to serve our members and those we are sworn to protect.  We work to uphold and defend the constitutions of our state and nation. We fight tirelessly to protect the rights of the individual; to seek justice through open and fair courtrooms; to resist unjust laws; to support policies that hold wrongdoers accountable; to strengthen the civil justice system through education; and to uphold the highest standards of ethical conduct and integrity in the legal profession.


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