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  December 15, 2017

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Class Action

 
Mattress Firm Sued in Employee Overtime Class Action
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On December 12, 2017, proposed class claims were filed in Massachusetts federal court against retailer Mattress Firm Inc. (“Mattress”), by sales employees alleging that the sleep store did not pay its employees proper overtime compensation. Named plaintiffs, Mack Perez-Tejada, Roger Ricks II, Roy McElroy, Ashraf Meshriky, and Ezenwa Onukwue, filed the complaint against Mattress as well as the company’s president and director, Kenneth E. Murphy, and its treasurer, Jim Black.
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 12/15/2017   Facebook iconTwitter iconLinkedIn Icon
Read Article: Counsel Financial    


Laws/Cases

 
New Jersey Jury Awards $15M in J&J Pelvic Mesh Suit
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A jury awarded $15 million to a plaintiff this week in a pelvic mesh lawsuit filed against Johnson & Johnson. The Bergen County, New Jersey, jury decided to grant the plaintiff the monetary award in her lawsuit which alleged a pelvic mesh left her in chronic pain. The lawsuit filed by the woman alleged that Johnson & Johnson failed to adequately warn her about the potential side effects of the mesh implants. The plaintiff was awarded $4 million for pain and suffering and $1 million for loss of conjugal affection, and assessed $10 million in punitive damages against Johnson & Johnson.
Richard Cohen, NorthJersey.Com 12/14/2017   Facebook iconTwitter iconLinkedIn Icon
Read Article: NorthJersey.Com    

Eisenhower Medical Center Facing Sexual Assault Lawsuit
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The Eisenhower Medical Center in California is facing a lawsuit by a woman who says she was left "paralyzed" by morphine and sexually assaulted at the hospital. The plaintiff alleges in the lawsuit that she was sexually assaulted by a hospital employee during her third consecutive night of inpatient care at the hospital for complications following gall bladder surgery. Testimony began on Tuesday in the case. An attorney for the defendant stated that the plaintiff made up the assault claims in order to obtain a seven-figure sum in punitive damages from the hospital.
Jason Kurosu, The Desert Sun 12/13/2017   Facebook iconTwitter iconLinkedIn Icon
Read Article: The Desert Sun    

Lawsuit: Michigan Mechanic Left Unable to Work After Cancer Treatment
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A 58-year-old truck mechanic from Essexville, Michigan, has filed a lawsuit alleging that he suffered long-term debilitating injuries during cancer treatment. The lawsuit alleges that although the plaintiff no longer has cancer, he was left unable to perform his work as a mechanic. As stated in the lawsuit, the plaintiff was left too long on his side during a surgery to remove cancer from his kidney, which caused nerve damage in his wrist and hand and makes it difficult for him to walk. The lawsuit was filed against Saginaw Anesthesia Services, Covenant Healthcare and the anesthetist who oversaw the operation and seeks more than $750,000 in damages.
Michael Kransz, MLive 12/15/2017   Facebook iconTwitter iconLinkedIn Icon
Read Article: MLive    


Wrongful Death

 
$48M Awarded in Child Abuse Lawsuit Against Doctor
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A Florida family has been awarded $48 million in a lawsuit over the torture death of their 8-year-old girl. On Wednesday, jurors deliberated for two hours before declaring that a doctor who had treated the girl was medically negligent in her death. The lawsuit alleged that the doctor had missed obvious signs that the child was suffering abuse. The defendant had treated the young girl for several weeks prior to her being found strangled, starved and beaten inside her grandmother’s apartment.
Bob D'Angelo, Palm Beach Post 12/15/2017   Facebook iconTwitter iconLinkedIn Icon
Read Article: Palm Beach Post    

NASCAR Driver to Face Wrongful Death Suit by Ward Family
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A lawsuit against NASCAR driver Tony Stewart over the death of fellow driver Kevin Ward Jr. will proceed. A federal judge denied Stewart's request that the lawsuit, filed by Ward's parents, be dismissed. Judge David N. Hurd issued a 28-page ruling stating that all claims in the lawsuit would proceed. While Stewart was not indicted on charges of manslaughter in the second degree and criminally negligent homicide, the lawsuit alleges that he was responsible for Ward's death when he crashed into the fellow driver's car. A trial in the case has been set for May 7 in Utica, New York.
Kirk Johnannesen, The Republic - Columbus, Indiana 12/14/2017   Facebook iconTwitter iconLinkedIn Icon
Read Article: The Republic - Columbus, Indiana    

Florida Family Considers Lawsuit Over Toddler's Meningitis Death
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A Florida couple is considering a lawsuit over the death of their child from meningitis. The couple says that they took their son at least three times to the pediatrician before his death, but the doctors never expressed that the child's illness may be fatal. According to the parents, over a week-long period in which their toddler son was sick, doctors failed to prescribe him for an antibiotic medication, which they say could have prevented his death. The family states that the child was up-to-date on his vaccinations when he contracted the fatal illness.
Daniel Chang, Miami Herald 12/14/2017   Facebook iconTwitter iconLinkedIn Icon
Read Article: Miami Herald    



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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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