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South Carolina Association for Justice
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  February 15, 2019

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Class Action

 
Chevron Reaches $3.2 Million Settlement in Overtime Class Action
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On February 8, 2019, a $3.2 million settlement was submitted to Northern California federal court Judge Jeffrey S. White for preliminary approval, bringing an end to class claims that accused energy company Chevron Corp., of misclassifying drill-site managers as independent contractors. The suit was originally filed on April 20, 2016, by named plaintiffs Christopher McQueen and James O’Neal. Additional named plaintiffs, Donnie Cummings, and Michael Dyer, were added to the complaint in late 2016. The plaintiffs alleged that they were employed by Chevron as well-site or drill-site supervisors and that they often worked longer than their scheduled 12-hour shifts without receiving overtime premiums. Plaintiffs argued that Chevron violated the Fair Labor Standards Act (“FLSA”) by classifying these managers as independent contractors and failing to properly compensate them.
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 02/15/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Counsel Financial    


Laws/Cases

 
Honda to Pay $38M to Texas Woman Paralyzed in Uber Ride
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Honda will pay nearly $38 million to a Texas woman who was paralyzed in a crash in Dallas. The 27-year-old woman was riding in a Honda Odyssey minivan with an Uber driver in November 2015 when the car was struck by a truck. The woman suffered a broken neck and became a quadriplegic. She filed suit against Honda alleging that a defective seatbelt system led to her injuries.
Staff Report, WFAA.com 02/14/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: WFAA.com    

Appeals Court Rejects Skier's Lawsuit, Saying Sport is 'Inherently Dangerous'
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A federal court says a skier injured at Ski Liberty in Pennsylvania cannot file suit over his injuries because the sport is "inherently dangerous." According to Judge Michael A. Chagares with the U.S. Court of Appeals for the 3rd Circuit, reviving the lawsuit would be in violation of Pennsylvania’s Skier Responsibility Act. The plaintiff filed suit after he was severely injured when a snowboarder caused him to go off a bank into a rock pile. The plaintiff suffered 21 broken ribs, a shattered hip, a fractured skull, a lacerated liver, punctures to both lungs, spinal, nerve and vision damage and a separated shoulder.
Matt Miller, PennLive.com 02/14/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: PennLive.com    

Baltimore School Settles Male Softball Coach's Discrimination Suit for $41K
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A Baltimore school will pay $41,000 to settle a gender discrimination lawsuit filed by a male softball coach. Park School of Baltimore has agreed to settle the lawsuit, which alleges the coach was fired because the school wanted a female softball coach. The settlement of the lawsuit, filed by the U.S. Equal Employment Opportunity Commission, also includes the implementation of a policy prohibiting gender discrimination and training for school employees on federal anti-discrimination laws.
Talia Richman, Baltimore Sun 02/12/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Baltimore Sun    

Former Employee of Florida Gated Community Files Suit Alleging Exploitation by Boss
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The president of the exclusive Ocean Reef Club gated community in the Upper Florida Keys is accused of sexual harassment in a lawsuit by a former employee. The lawsuit filed Feb. 9 in Monroe County Circuit Court alleges the plaintiff was the victim of sexual harassment and exploitation by the defendant. She alleges that from 2007 until November 2017 the defendant maintained a website with photos and videos of her in sexual acts with him. The website was used as a tool to “control and manipulate” the woman, alleges the lawsuit.
David Goodhue, Miami Herald 02/14/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: Miami Herald    

Women Detained for Speaking Spanish in Store Sue CBP
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A lawsuit has been filed alleging two women were detained by Customs and Border Protection (CBP) in Havre, Montana, simply for speaking Spanish. The lawsuit filed on Thursday alleges the agent "singled [the women] out based on race, relying on their use of Spanish as a justification and proxy for race." As alleged in the complaint, the women were detained for about 40 minutes after they were overhead speaking Spanish at a grocery store. The lawsuit alleges the incident was a violation of the plaintiffs' rights protected by the Fourth Amendment.
Rachel Frazin, The Hill 02/14/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: The Hill    


Products

 
CVB Recalls Mattresses For Violation of Flammability Standards
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CVB has issued a recall on LUCID Folding Mattress-Sofas due to a violation of the federal flammability standard for mattresses. "The mattresses fail to meet the mandatory federal flammability standard for mattresses, posing a fire hazard," states the recall. About 86,000 of the mattresses, sold through Amazon.com, Overstock.com, Wayfair.com and Walmart.com from September 2015 through June 2018, are included in the recall. No injuries or incidents have been reported.
Staff Report, PR Newswire 02/14/2019   Facebook iconTwitter iconLinkedIn Icon
Read Article: PR Newswire    



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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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