6 Ohioans sue over rising cost of text messages

September 22, 2008

Text-messaging has become so popular that reports have surfaced about young people who supposedly have developed addictions to the mode of wireless communication.
But in a lawsuit filed in U.S. District Court in Toledo, six northwestern Ohioans allege that cell-telephone companies providing text-messaging services have become addicted to profits generated by the business.

The group, represented by Toledo attorney David Zoll, accuses five major service providers of colluding to jack up the prices in violation of federal antitrust laws. The suit seeks class-action status on behalf of “tens of thousands of purchasers … throughout the state of Ohio and the United States.”

“The American public is really getting fleeced here,” Zoll said. “The purpose of this suit is to try to put consumers on equal footing with these multinational conglomerates that control the texting market.”

Companies named in the suit denied wrongdoing.

Read Article Columbus Dispatch

Posted By Phoenix Accident Injury Attorneys </a

Supporters of Texas malpractice damages cap are taking it to court

In an unusual legal twist, the most avid defenders of the Texas cap on damages to victims of medical malpractice — not its critics — are urging the state’s highest court to decide whether the law complies with the state constitution.

If the court hears the case, the ruling could limit future challenges in state courts. Questions have been raised about whether the cap violates people’s rights to equal protection, due process and jury trials, among other constitutional provisions.

“We have to be certain that the cap is constitutional, and the only body that can tell us that in Texas is the Supreme Court,” said Austin attorney Mike Hull, who launched the effort on behalf of the Texas Hospital Association and the Texas Medical Association.

But critics of the cap say that making a direct appeal to the Supreme Court with this case violates Texas rules, and they predict that the court will not hear the case. Critics also say that the tactic is intended to cut off a future case that would make a stronger challenge.

Read Article Star-Telegram

Posted By Phoenix Accident Injury Attorneys </a

Lawsuit: Transit firm failed to give proper breaks

The company that employed the engineer blamed for the deadly Metrolink train collision faces a class-action lawsuit by two of its workers for allegedly not giving employees proper rest breaks, overtime and other benefits. Veolia Transportation has been under scrutiny since its engineer crashed his Metrolink commuter train into a freight on Sept. 12, killing 25 people.

Federal investigators are reviewing whether fatigue played a role in the collision, since the engineer was in the midst of a 10½-hour split shift and ran a red light that could have prevented the crash.

Two Veolia bus drivers filed lawsuits in May and June against the French firm, but the cases have been consolidated into a class-action lawsuit involving all of the company’s California employees, said Brian Kabateck, a lead attorney in the case, on Friday. “These drivers weren’t being given meal breaks, rest breaks and often not being given the opportunity to take a bathroom break,” Kabateck said. “If they were hungry, they were told they could eat their lunch on their lap while driving.”

The lawsuit, first reported by the Daily Journal of Los Angeles, also alleges drivers were not paid overtime after working eight hours and that the company did not pay all wages when an employee’s position was terminated.

Read Article Mercury News

Posted By Phoenix Accident Injury Attorneys </a

Crime Down in PHX ??

Looks like in AZ, our serious crime rates went down last year. That’s good news for law enfocement in the state. I wonder if the courts are noticing less of a criminal load? ABC15 has the story on crime rates:

“Crime stats lower across Arizona, what about your city?”
Reported by: Dan Siegel

Newly released FBI data indicates that both violent and property crimes fell in Arizona and across the nation.

Nationally, violent crimes decreased for the first time since 2005.

Read Full Article ABC 15

Posted by Phoenix Injury and Accident Lawyer

Stressful Times

The way things are now, it seems like economic difficulty is having an impact on everyone. Law.com has a good article for managing stress at the moment.

“How to Keep Healthy at Work”
Jim Thornton, The American Lawyer
September 22, 2008

I just started my second year of law school, my debt load is smothering and I’m worried sick about the future of the economy. Law firms say they’re still hiring, but it’s hard to believe them in the current environment. I’m so stressed over my career prospects I can’t think straight.

As one philosopher so nicely summed up the human condition: “Things are going to get unbelievably worse and never get better.”

I think he was joking. Alas, for the vast legion of us feeling lily-livered about our livelihoods, the line between absurd hyperbole and irrefutable logic isn’t always clear.

Read Full Article Law.com

Posted by Phoenix Personal Injury and Accident Attorneys

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