January 13, 2009
In the moments after their plane crashed, Melissa Craft says she twisted in her seat to make sure she wasn’t paralyzed, while Emily Pellegrini struggled frantically with a seat belt that wouldn’t budge.
On Monday, Craft and Pellegrini, both passengers of the Houston-bound Continental Airlines flight that veered off a runway in Denver last month, became the first people to sue Continental over the crash.
The civil suit, filed in state district court in Houston, alleges that the airline and the two pilots on board Flight 1404 were negligent in aborting a troubled takeoff and crashing into a nearby ravine a few days before Christmas. The lawsuit seeks unspecified damages for physical and emotional suffering related to the crash.
Attorney Jason Gibson, who represents both women, said he had spoken to other passengers and plans to file more lawsuits related to the crash. Continental officials said the lawsuit was hasty since federal investigators still haven’t concluded what caused the crash.
Read Article: Houston Chronicle
A California appeals court on Monday cleared the way for the owner of a hybrid Honda Civic to sue the car’s maker for false advertising in a lawsuit that claims Honda has had so many complaints about the hybrid it has told U.S. regulators it wants to revise the mileage rating.
The state appeals court in San Diego remanded the false advertising claims back to the trial court, acknowledging that while Federal law does protect carmarkers from some lawsuits over disclosure of fuel economy standards, it does not preempt them from being sued over everything they say about fuel efficiency.
The lawsuit is not the first to challenge the Civic Hybrid’s mileage claims.
A Honda (7267.T) representative said the company does not comment on ongoing litigation.
Read Article: Reuters
The U.S. Supreme Court has denied a request by General Motors Corp. to block a class-action lawsuit that alleges the Detroit automaker sold 4 million trucks and sport utility vehicles with defectively designed parking brakes.
A Miller County, Ark., circuit judge earlier granted class certification to Boyd Bryant, who filed a lawsuit against the automaker in September 2006. Bryant sued the company over vehicles manufactured from 1999 through 2002.
The justices did not comment in turning down the automaker on Monday.
Read Article: Chicago Tribune
Dell Inc (DELL.O) has agreed to pay $3.35 million in a 34-state settlement of allegations that the personal computer maker mislead consumers on financing, warranties and rebates.
State attorneys general said on Monday that Dell had engaged in “deceptive” financing promotions, promising zero-percent financing but charging them higher rates.
In addition, consumers said they failed to receive promised rebates and had trouble getting warranty service.
Under the agreement, Dell will pay $1.5 million into a restitution account. Consumers have 90 days to submit claims in their state. Dell, the world’s No. 2 PC maker, has also agreed to pay $1.85 million to the states to reimburse legal costs.
Read Article: Reuters
Policyholders represented by former attorney Dickie Scruggs have settled their lawsuits against State Farm, including a racketeering case that alleged the insurance company conspired with vendors to minimize Katrina damage payments.
Policyholder law firm Provost Umphrey indicated more than 225 cases — 90 percent of those the firm had against State Farm in Mississippi — have been settled, including the racketeering lawsuit with 38 plaintiffs. Terms of the settlements are confidential.
“A combination of factors came together to allow the successful resolution of these claims including the compensation amount, the exhaustion of the clients with the legal pursuit of their claims, unfavorable legal rulings over the last year and a half and a fresh perspective afforded by new counsel,” a typed statement from Provost Umphrey said.
State Farm spokesman Jeff McCollum said, “State Farm always tries to resolve any disputes with our policyholders and is pleased we were able to do so here.”
Read Article: Sun Herald
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