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Suit alleges trucking company denied workers wages, expenses

November 9, 2009

A class-action lawsuit filed Thursday in state court alleges a local trucking company stiffed its drivers on wages, refused to provide for meal and rest periods and rejected reimbursements for work-related expenses.

 

The lawsuit against Total Transportation Service Inc., one of the harbor’s largest firms, claims drivers were routinely denied pay for necessary work performed before their official shifts – work that included picking up and inspecting trucks and chassis.

 

“These drivers were doing everything necessary to make sure the trucks were safe and ready for the day, but when it came time to get paid, they were told such work was to be done on their own time and they weren’t getting reimbursed,” said attorney Adam Luetto of the law firm of Ellyn Moscowitz. “Another example is with drivers’ cell phones. They were forced to use their cell phones to keep in touch with the company and report on deliveries and so forth, but when they asked to get reimbursed for these legitimate work-related expenses, they were denied.”

 

Read Article: Contra Costa Times 

Posted By: Phoenix DUI Attorney

D.C. Court of Appeals Resurrects Cell Phone Radiation Cases

In a ruling that has grabbed the attention of the product liability and telecommunications bars, the D.C. Court of Appeals last week revived a series of lawsuits by individuals who say they were harmed by cell phone radiation, reversing a lower court decision that found the claims were blocked by federal law.

 

The court’s opinion in Murray v. Motorola added yet another wrinkle to a debate within U.S. courts over whether national regulations trump state laws when it comes to issues surrounding cell phone safety. In dismissing parts of the cases while preserving others, including a set of consumer protection claims, the decision gave both sides of the case fodder to declare victory. But while the plaintiffs still have a long road before getting to a jury, some lawyers familiar with the decision said the ruling could lead to the filing of even more suits against cell phone companies in Washington’s trial court.

 

“My sense on this is it’s probably not good for either side [the telecom companies or potential plaintiffs], because it means more litigation,” said Stewart Baker, a partner with Steptoe & Johnson in Washington who specializes in telecommunications law. “It doesn’t put a stake in their heart so thoroughly that the plaintiffs’ lawyers will just abandon [the issue], but it doesn’t create much of an incentive to settle either.”

 

Read Article: Law.com 

Posted By: Phoenix DUI Attorney

Wrongful death lawsuit filed in Tahlequah helicopter crash

A relative of a woman who died in a Tahlequah helicopter crash has filed a wrongful death lawsuit against the pilot and aircraft company, according to court records.

Juanita Scraper filed the lawsuit Friday in Cherokee County District Court on behalf of Darci Scraper, 20, who was killed in the early-morning crash Oct. 14. The pilot, 26-year-old Mark Mahaney, also died.

Authorities found the wreckage two days after the crash near a small stream about a mile west of Tahlequah.

The lawsuit names Mahaney, Rene Rozell, Trevor Noble, Robinson Helicopter Co., the estate of James Mahaney and five other unidentified defendants referred to as “John Doe.”

Mahaney was the grandson of former state Sen. Herb Rozell, and took off from a private home about 5 a.m. The helicopter crashed to the ground shortly after takeoff.

Federal investigators are still working to determine what caused the crash and it will be several months before a probable cause report is complete.

Read Article: Oklahoma City Oklahoman

Posted By: Phoenix DUI Attorney

Judge Slashes Lakeland Woman’s GEICO Payout

A federal judge Thursday cut $535,000 from the $800,000 GEICO was ordered to pay a former employee from Lakeland whom the company fired in August 2004 for refusing orders to dismiss an older worker.

 

U.S. District Court Judge James Moody ruled the insurance giant should pay $265,000 to Marija Stone, a former GEICO unit manager, her lawyer, Peter Helwig, said.

 

The ruling overturns a Sept. 21 federal jury’s finding for Stone that included $100,000 in back pay, $200,000 in damages for emotional distress and $500,000 in punitive damages.

 

Read Article: The Ledger 

Posted By: Phoenix DUI Attorney

Va. high court rules on Henrico wrongful-death suit

Parents have a broad duty to assure the welfare of a juvenile guest, even when harm comes to that guest from a third party outside the home.

 

In a split decision yesterday, the state Supreme Court reinstated and sent back to Henrico County Circuit Court a wrongful-death case in which a 14-year-old guest died in a car crash.

 

A Henrico judge had ruled that the duty of the parents overseeing the guest did not extend to the circumstances alleged in the suit.

 

But yesterday’s decision, written by Chief Justice Leroy R. Hassell Sr., argues that not recognizing a broader duty invites “absurd results” and diminishes liability.

 

“This decision vindicates what we have been arguing” since December 2006, when Michael H. Kellermann filed suit on behalf of his deceased daughter, said attorney Mark J. Krudys.

 

Read Article: Richmond Times-Dispatch 

Posted By: Phoenix DUI Attorney

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