In August of 2007, Congress passed an amendment to the Federal Railroad Safety Act (FRSA) that will once again permit state tort law claims against negligent railroads that kill or maim citizens and pollute the environment.Prior to Congress passing the 2007 amendment expressly limiting federal preemption under the FRSA, Federal Courts had systematically curtailed citizens' rights to sue a...
The state of Florida is in a big fight with Allstate right now, and Allstate is not cooperating, refusing to turn over subpoena ordered internal documents (particularly something known as "The McKinsey Report") which demonstrates a systematic denial of claims - read the story of Allstate's potential bad faith actions in Florida.
This week the United States Supreme Court issued an opinion which affirms the heightened standards that shareholders must meet in order to prove securities fraud against a publicly held corporation or its officers in the sale of its securities. Investors that want to sue companies like Enron, Worldcom, Tyco and others who have left investors high and dry after making false and misleading...
The US Supreme Court had yet another opportunity to show its Bush-based republicanism today when it refused to allow taxpayers to challenge the use of federal funds to support religous organizations and charities. A group of eight individuals brought the action hoping to reestablish the separation of church and state by preventing religious organizations from applying from federal money. To...
In a painful example of the pro-business, anti-consumer attitude of the current US Supreme Court, the Court ruled that investors who want to sue companies and executives for fraud have a higher burden to meet to get their case to court.The court on Thursday waded into the debate on the defendants' side. By a vote of 8 to 1, it said that investors must show "cogent and compelling" evidence of...
On Wednesday Tom Gasper, the former top financial officer at the Ohio Bureau of Workers' Compensation was sentenced to more than five years in prison for Racketeering. Gasper accepted bribes, including cash and the use of a Florida condominium, in return for steering BWC investments to friends. Gasper served as chief financial officer between 1995 and 2004, managing a $19 billion portfolio. He...
With Prom season underway, many schools are taking a hard line with students to prevent underage drinking. Now rather than simply telling students not to drink and drive, the schools are resorting to breathalyzers and realistic demonstrations of the effects of drunk driving. Some schools are requiring students undergo a breathalyzer test before entering the prom. Others are staging simulated...
As summer fast approaches, many parents are looking into summer camps to which to send their children. Before deciding which camp is best suited for your children, make sure you get a s much information as possible about the camp, its staff, its location and what safety practices and procedures the camp has implemented. One of the easiest tools to utilize in beginning your research on summer...
Homeowners, particularly senior citizens, have been targeted by fraudulent home repair and maintenance companies. Jerry Ponsky, a Bainbridge Township resident, has been charged with numerous counts of bogus home repair agreements and ripping off consumers with fraudulent loans. Ponsky operated a ring of activity where in Ponsky and his collaborators would inundate run-down neighborhoods with...
After a two month investigation, ConAgra, the producer of Peter Pan peanut butter has determined that moisture from a leaky roof and faulty sprinkler allowed the salmonella bacteria grow and led to contamination of peanut butter produced in the company's Georgia plant. Evidently, the roof of the plant leaked during a storm and the plant experienced problems with its sprinkling system shortly...
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