National Labor Relations Board Rules Workplace Class Action Bans Are Unfair Labor Practice1/10/2012
In early January, the National Labor Relations Board decided, as Public Justice urged, that workers must be allowed to pursue legal claims as a group.
The NLRB's decision read that employers cannot require their employees to sign arbitration agreements forcing them to pursue work-related claims individually, saying such agreements interfere with workers' protected rights.
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EPA Urged to Shut Down Dangerous Asbestos Removal Method12/15/2011
The U.S. Environmental Protection Agency's Inspector General has just signed an "Early Warning Report" that will shut down a dangerous and unapproved asbestos removal method that two EPA offices have been testing for the past seven years.
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Coal Company Will Clean Up "Biologically Impaired" Stream12/05/2011
The Sierra Club and West Virginia Highlands Conservancy, both represented by Public Justice's Jim Hecker, have entered into a settlement with Fola Coal Company requiring Fola, a subsidiary of CONSOL Energy, to clean up pollution in Boardtree Branch, a tributary of Twentymile Creek in Nicholas County, W.Va.
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BASF and Corporate Law Firm Claim They Can't Be Sued for Lying to Victims and Courts about Asbestos in Talc; Public Justice Challenges Claim of Immunity with Amicus Brief11/30/2011
An international chemical company and its corporate lawyers should not be allowed to get away with lying about potentially deadly asbestos in the company’s talc, says a Public Justice brief filed in New Jersey federal court.
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Public Justice Wins Legal Fight Against Health Insurer's Attempt to Seize Benefits from Injury Victim; Third Circuit Rejects 'Windfall'11/17/2011
Noting that "equity abhors a windfall," the Third Circuit Court of Appeals held Wednesday that an employer-based health insurance plan is not entitled to 100 percent reimbursement of medical expenses when injured employees recover only a portion of their damages from a third party.
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Motion to Intervene Filed in Remington Rifle Court Secrecy Case in Mont.10/27/2011
In 1995, a lawsuit against the gun manufacturer Remington was settled quietly in Montana. The case involved a dangerous defect in Remington's 700-series rifles: it caused the guns to fire without anyone pulling the trigger. But few consumers have ever known about Aleksich because there is almost no record of the case having existed.
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"Bleed Air" Case Against Airlplane Manufacturers Settles10/19/2011
Terry Williams, a 42-year-old mother of two, is now permanently disabled. Years ago, this former flight attendant for American Airlines suffered severe injury to her central nervous system after being exposed to toxic "bleed air" -- engine oil fumes emitted from a defectively designed Boeing aircraft into the plane's air supply.
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Report Cites Dangerous Coal Waste Pollution of W.Va. Stream; Notice Given of Possible Lawsuit10/17/2011
According to a just-released report from Monongalia County, W.Va., coal combustion waste (CCW) and acid mine drainage (AMD) have seriously harmed aquatic life and ecosystems in a local stream, Crafts Run, which spans multiple miles and discharges into the Monongahela River.
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Female Coach Fired for Questioning Sports Equity at High School Reaches Settlement, Is Reinstated10/11/2011
A female lacrosse coach who was fired after raising questions about whether the athletic program at a south Florida high school was being fair to female athletes has been reinstated and her team will get to play in the school’s best athletic facility under terms of a newly signed settlement with the Martin County School Board.
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Groups Demand Enforcement of Food Safety Laws at Contaminated Egg-Producing Facilities10/06/2011
Some Texas egg producers have created breeding grounds for human health risks and state officials are letting them get away with it, according to a lawsuit joined today by Public Justice and the Center for Food Safety, two national public interest organizations.
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Public Justice Launches Food Safety and Health Project; Will Challenge Factory Farm Abuses, Other Threats to Public Health10/04/2011
Amid growing concern about food safety nationwide, Public Justice has expanded its wide-ranging docket to hold corporations accountable for the manufacture, distribution, and deceptive marketing of food and other products that endanger consumers' safety, health, and nutrition.
The project will be directed by Senior Attorney Leslie Brueckner.
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Town of Ophir Joins Telluride in Challenging Newly Licensed Uranium Mill in Southwestern Colorado9/26/2011
A second Colorado municipality is now challenging the licensing of Pinon Ridge Uranium Mill, which would be the first mill of its kind licensed in the U.S. in more than 25 years. Both municipalities -- Telluride and Ophir -- are represented by Public Justice.
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Town of Telluride to Challenge Uranium Mill in Denver Court9/14/2011
The Town of Telluride, Colo., is taking its opposition to the licensing of the planned Piñon Ridge Uranium Mill in Montrose County to court in Denver. The Telluride Town Council voted unanimously to retain the legal services of Public Justice to litigate the case.
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Public Justice Team in Running for 'Consumer Attorney of the Year' Award9/07/2011
The Public Justice legal team that prevailed in state and federal court cases on behalf of a medically neglected immigration detainee with cancer has been named a finalist for the Consumer Attorneys of California’s coveted “Consumer Attorney of the Year” Award.
The team includes Conal Doyle (pictured) of Willoughby Doyle in Beverly Hills; Adele Kimmel, managing attorney at Public Justice; Thomas Dempsey of Beverly Hills; and Amy Radon, the Goldberg Attorney at Public Justice.
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West Virginia Agrees to Clean Up 171 Abandoned Coal Mines8/08/2011
In two consent decrees filed last week, the state of West Virginia has agreed to obtain federal discharge permits and comply with water quality standards at 171 abandoned coal mining sites in the state.
This settlement will finally compel the state to require the coal industry to pay the full cost of mining -- cleanup included. The photo at left shows acid mine drainage from an abandoned mining site.
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Ninth Circuit Rules that Federal Banking Laws Do Not Preempt California Debt Collection Statute8/02/2011
In a decision issued this week in Aguayo v. U.S. Bank, the federal Ninth Circuit Court of Appeals agreed with Public Justice that national banks cannot ignore state debt collection laws that protect consumers.
Public Justice represented Jose Aguayo, who bought a car from a southern California dealership, which then assigned his contract to a federally chartered bank in a transaction over which Aguayo had no control.
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New Mexico Supreme Court Preserves Consumer's Right to a Day in Court7/29/2011
The New Mexico Supreme Court has rejected a title lender's attempt to force one of its customers into arbitration rather than take her case to court.
The state’s high court ruled this week in the case of Kim Rivera, who had put up her $15,500 truck as collateral for a $6,517 title loan from American General Financial Services, Inc. Public Justice represented Rivera.
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California Team Wins Trial Lawyer of the Year Award for Case against Nursing Home Chain7/14/2011
A team of California lawyers has been named the 2011 Trial Lawyers of the Year by the Public Justice Foundation, the national public interest organization, based in Washington.
Attorneys Tim Needham of Eureka, Calif., Michael Thamer of Callahan, Calif., Chris Healey of San Diego, and Michael Crowley, Patrik Griego and Amelia Burroughs, also of Eureka, were announced as award winners at the Foundation's annual Gala and Awards Dinner on July 12 in New York.
The team was cited for having won a staggering $677 million jury verdict against Skilled Healthcare Group, Inc., a for-profit corporation that owns and operates nursing homes throughout the U.S. The lawyers represented a class of approximately 32,000 current and former nursing home residents and their families in Lavender v. Skilled Healthcare Group, Inc.
It was the first class-wide understaffing case to be tried to verdict and the largest ever verdict against a nursing home chain.
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Public Justice Cases in Ariz. and S.C. Help Make Cars Safer6/10/2011
In early June, a Public Justice case decided in Arizona made it easier for personal injury victims to hold car makers accountable for failing to use the safest type of window materials in the side windows of passenger vehicles.
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Fourth Circuit Brief Challenges Giant Financial Institution JPMorgan Chase4/26/2011
On its corporate website, JPMorgan Chase makes a noble pledge: "We are committed to doing the right thing." Public Justice is making it keep that commitment, having just filed its opening brief in the Fourth Circuit in Donna Epps v. JPMorgan Chase Bank.
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U.S. to Pay $1.95 Million to Family of Medically Neglected Immigration Detainee4/07/2011
The United States has agreed to pay $1.95 million to the daughter and estate of Francisco Castaneda, an immigrant detainee who died from penile cancer that federal authorities had refused to diagnose or treat during his nearly 11 months in their custody. Castaneda died in February 2008, one year after his penis was amputated in an attempt to stop the cancer from spreading.
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Nevada High Court Finds Car Dealership's Class Action Ban Unenforceable4/01/2011
The Nevada Supreme Court unanimously struck down United Hyundai’s motion to compel arbitration of a consumer’s lawsuit on an individual basis. The car dealership’s motion had previously been granted at the district court level. Now, consumers who have grievances against the dealership will be able to challenge it in a class-action lawsuit.
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Eminent Scientists Ask High Court to Allow Global Warming Restrictions on Power Plants3/18/2011
Representing 14 of the country’s leading climate change scientists, Public Justice today urged the U.S. Supreme Court to hold power plants accountable for their carbon dioxide emissions and allow states to impose restrictions on how much of the chemical compound may be released.
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Louisian Supreme Court Rules Debt Collector Can't Enforce Arbitration Award3/16/2011
In a 6-1 decision, the Louisiana Supreme Court ruled in March that a court can’t enforce an arbitration award against a consumer unless there is proof that the consumer agreed to arbitration.
The ruling reverses an earlier trial court decision in FIA v. Weaver.
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New Mexico Court Gives Go-Ahead for Group of Consumers to Challenge Lenders3/04/2011
A New Mexico Appeals Court in early March gave the go-ahead for a class of consumers to continue its lawsuit against payday lenders charging illegal interest rates.
Lead class member Andrea Felts and other New Mexico consumers who obtained loans for less than $2,500 allege that the defendants engaged in online lending practices in direct violation of New Mexico State law.
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Florida Court of Appeal Rules Payday Lender Can't Ban Class Action Suits2/02/2011
A Florida Appeals Court on shut off the escape hatch for a payday lending company that charged its customers excessive interest rates then tried to avoid liability by banning a class action lawsuit.
Public Justice represented a number of Florida consumers who filed a class action against McKenzie Check Advance, arguing that the company’s attempt to ban class actions violated Florida public policy. The court agreed, rejecting McKenzie’s claim that customers had to bring their claims in arbitration, not in court, because the company’s loan contract forbids class actions.
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EPA Vetoes Proposed Mountaintop Removal Mine in West Virginia1/13/2011
Today the U.S. Environmental Protection Agency (EPA) took a historic step by vetoing the water pollution permit issued by the Army Corps of Engineers for the Spruce No. 1 Mine project in West Virginia, one of the largest mountaintop removal mines ever proposed in Appalachia.
With today’s action to enforce the law, EPA Administrator Lisa Jackson stopped a mountaintop mine that would have destroyed more than seven miles of vital streams and more than 2,000 mountain acres in an important part of Appalachia.
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Kentucky Supreme Court Strikes Down Cable and Internet Provider's Class Action Ban12/17/2010
Underscoring consumers' rights, the Kentucky Supreme Court just struck down an Internet service provider’s ban on class action lawsuits.
In the case of Schnuerle, et al. v. Insight Communications Company, L.P. and Insight Communications Midwest, LLC Public Justice appealed the enforceability of Insight’s contractual ban on class actions.
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Environmental, Community Groups Praise Closure of Oyster Creek Nuke12/09/2010
"Exelon has correctly acknowledged that the plant could close even earlier than announced today," said Richard Webster of Public Justice, which is representing a coalition of five citizens and environmental groups in the appeal.
The coalition alleges that the Nuclear Regulatory Commission did not correct known gaps in safety at the plant before relicensing, and that citizens were unlawfully prevented from raising critical safety issues related to aging at Oyster Creek, the country's oldest nuclear plant with the second worst safety record.
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Motion Opposes Insurer's Attempt to Take Back Victim's Recoveries12/01/2010
When it comes to adding insult to injury, this takes the cake. Imagine you've been in a terrible car crash. You suffered life-threatening injuries yet lived to tell the tale. You even managed to recover some of your damages in a lawsuit against the person who ran into you -- money that you and your family will need to survive, given that you can no longer make a living due to your chronic pain and debilitating injuries.
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Petition Asks Supreme Court Not to Immunize Auto Manufactures for Defectively Designed Vehicles11/29/2010
Talk about a wolf in sheep's clothing. "Federal premeption" may sound innocuous, but it can tear the heart out of injury victims' rights, leaving them with no compensation and letting wrongdoers walk away unpunished. When federal preemption prevails, you can forget about a day in court.
Public Justice has been fighting federal preemption for 25 years, in areas ranging from boat engine propellers to airbags to prescription drugs. Just last week, we asked the U.S. Supreme Court to take on the auto manufacturers' claim that federal premeption immunizes them for defectively designing vehicles with unsafe glass.
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Tire Co. Seeks to Seal Off Documents Proving Its Defective Tires Caused Fatal Car Crash11/12/2010
A brief filed today by Public Justice is challenging a tire manufacturer’s attempt to hide documents showing it was at fault in a fatal car accident three years ago in Iowa. The brief follows Public Justice’s motion to intervene in the case of Toe v. Cooper Tire & Rubber Co.
In September 2007, a Plymouth Grand Voyager carrying six passengers spun out of control after a catastrophic tread separation on the left rear Cooper tire. The vehicle rolled over into a ditch, killing one passenger. A second passenger was rendered quadriplegic. A third passenger, who was five months pregnant at the time, suffered a fractured neck and a miscarriage as a result of the crash. The other three passengers were also severely injured.
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Jury Finds State of California Responsible for Wrongful Death of Francisco Castaneda; Awards $1.73 Million 11/10/2010
A Los Angeles County Superior Court jury on Nov. 10 found the state of California liable in the wrongful death of Francisco Castaneda, a prison detainee who died of a metastasized cancer that began as a lesion on his penis that state prison and medical officials had refused to treat.
Concluding a 13-day trial, the jurors awarded $1.73 million to Castaneda’s daughter, who said the state’s neglect had deprived her of a promising future with her father. About $230,000 of the award is for economic damages, such as past medical expenses for Castaneda.
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Public Justice Wins U.S. Appeals Court Decision Requiring Coal Mine Cleanups11/08/2010
The state of West Virginia will have to clean up toxic acid mine drainage from abandoned coal mines under a federal appeals court decision issued on November 8, 2010.
Public Justice filed West Virginia Highlands Conservancy v. Huffman, arguing that discharges from the abandoned mines should comply with federal water pollution limits. The state had asked the court for an exemption from the Clean Water Act's permitting requirement, but the U.S Court of Appeals for the Fourth Circuit flatly rejected the request.
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North Carolina Class Action against Country’s Largest Payday Lender Reaches $18.75 Million Settlement9/21/2010
Advance America, the country’s largest payday lender, has agreed to pay $18.75 million to more than 140,000 North Carolina consumers under a proposed settlement agreement announced September 21 by the consumers’ attorneys. The settlement will resolve a 2004 class action lawsuit against Advance America that accused it of charging illegal fees and interest rates. The company had already stopped lending in North Carolina as a result of an investigation action brought by the North Carolina Attorney General’s Office and the North Carolina Office of the Commissioner of Banks. Advance America affiliates that signed the agreement operated 118 branch offices throughout North Carolina.
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Denied Job Because of Sikh Identity, Beard and Turban, North Carolina Man Sues Convenience Store Chain 9/21/2010
A North Carolina man who practices the Sikh faith was denied a job because of his religion and race – a violation of federal and state civil rights laws – according to a federal lawsuit filed Sept. 21 by Public Justice and its co-counsel, Winslow Wetsch, PLLC, and Debevoise & Plimpton LLP.
The complaint alleges that Durham-based M.M. Fowler, Inc., which owns and operates the Family Fare Convenience Store chain, denied employment to Surjit Singh Saund because he is a Sikh and wears a turban and beard, as required by the Sikh religion.
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Public Justice Urges West Virginia Supreme Court to Strike State Law that Caps Non-Economic Damages9/13/2010
In a case involving a man who fell seriously ill after taking an erroneously prescribed medication, Public Justice has filed an amicus brief urging the West Virginia Supreme Court to strike down the state's statutory cap on non-economic damages as unconstitutional under the state constitution.
The plaintiffs in MacDonald v. City Hospital were awarded $1.5 million by a jury for their noneconomic damages, only to have the judge cut their award to $500,000 under the damages cap.
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Public Justice Joins Fight Against Health Insurer’s Attempt to Seize Benefits from Personal Injury Victim 9/09/2010
Public Justice has agreed to fight for a Washington state woman being sued by her employer's health insurance plan for the money it paid to cover her medical expenses after she was seriously injured in an auto accident.
The insurance carrier claims that Rhonda Rose, 46, must reimburse the company for 100 percent of her medical benefits despite the fact that she recovered only a small fraction of her damages in a lawsuit against the person who caused the accident due to the defendant’s low insurance limits. If the company succeeds, it will walk away without paying out a penny on Ms. Rose’s policy, while she is left without full compensation for her injuries.
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Federal Court Orders Patriot Coal to Pay $45 Million to Treat Toxic Selenium from W. Va. Coal Mines, Holds Patriot in Contempt 9/03/2010
In what environmental leaders are calling a “game changer,” a federal judge has ordered Patriot Coal to clean up selenium pollution from two West Virginia coal mines within two years and to set aside $45 million to cover the costs of treating the discharge.
In his Aug. 31 ruling, U.S. District Court Judge Robert Chambers held Patriot in contempt of court for failing to comply with an earlier court order to treat the toxic pollution from the Ruffner mine in Logan County and the Hobet 22 mine in Lincoln County. Judge Chambers ordered the company to immediately post a letter of credit for the $45 million.
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Public Justice Brief Fights Preemption Claim in Vehicle Crash Case before Supreme Court8/10/2010
Fighting for access to justice, Public Justice has filed an amicus brief in Williamson v. Mazda Motor of America, Inc., a U.S. Supreme Court case involving federal preemption of claims that a minivan was defective because its aisle seat lacked a lap/shoulder harness.
The United States government also filed an amicus brief in Williamson in support of the petitioners, arguing, like Public Justice, that the lower courts have misread Geier -- a similar case decided in 2000 -- and that the plaintiffs should be permitted to have their day in court.
Williamson seeks to hold Mazda accountable for the death of Thanh Williamson, killed in a head-on collision when her body "jackknifed" around a lap-only seatbelt installed in the aisle seat of her family's 1993 Mazda minivan. Athough the vehicle’s other occupants had lap/shoulder seatbelts and survived the crash, there was no lap/shoulder harness installed for Thanh’s seat.
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Renowned Attorney from Washington State Honored as 'Champion of Justice'7/13/2010
Paul L. Stritmatter, a Hoquiam, Wash., attorney known for taking on complex consumer cases, has received the Public Justice Foundation’s “Champion of Justice Award” for his leadership and record of accomplishments in public interest law.
The Foundation honored Stritmatter July 13 in Vancouver, B.C., at its annual Gala and Awards Dinner, citing him for “his commitment to justice for all.”
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Laredo, Tex., Attorney Named 'Trial Lawyer of the Year' at Public Justice Foundation Event7/13/2010
Ronald Rodriguez, the Laredo, Tex., attorney who took on one of the country’s largest private prison companies in the beating death of a man who was about to be released from a Texas prison has been named the 2010 Public Justice Trial Lawyer of the Year.
Rodriguez’s award was announced July 13 in Vancouver, B.C., site of the Public Justice Foundation’s annual Gala and Awards Dinner. He was one of five finalists for the award, which is bestowed annually on the lawyer or legal team that won verdicts, judgments or settlements in socially significant, often cutting-edge cases.
Rodriguez brought the case against Wackenhut Correction Corp, which has since been renamed the Geo Group, for malicious wrongful death and destruction of evidence in the 2001 beating death of Gregorio de la Rosa of Laredo, who was serving a six-month DUI sentence in Raymondville, Tex.
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Prominent West Virginia Lawyer to Lead Public Justice Foundation7/13/2010
Harry Deitzler, a fixture in West Virginia law, politics and civic life, has been elected president of the Public Justice Foundation, one of the country’s best known national public interest law firms. Deitzler was elected July 11 in Vancouver, B.C., at the organization’s annual meeting.
A one-time Democratic candidate for state attorney general, Deitzler currently sits on the Charleston City Council, where he is vice chairman of the Public Safety Committee. A former Wood County prosecutor, Deitzler joined Charleston’s Hill, Peterson, Carper, Bee & Deitzler law firm as a partner in 1991.
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Supreme Court Lets Companies Limit Court Scrutiny of Mandatory Arbitration6/25/2010
In a case that originated in Nevada, the U.S. Supreme Court ruled on June 21 that companies can force their employees and customers into mandatory arbitration using form agreements with a "delegation clause" that delegates decisions on the validity of the arbitration agreement itself to the arbitrator.
Written by Justice Antonin Scalia, the 5-4 decision in Rent-A-Center v. Jackson held that courts retain the authority to determine whether the delegation clause is itself valid -- and still have their historic role of reviewing the validity of arbitration agreements without delegation clauses. The decision also left open several avenues for challenging the validity of both delegation clauses and typical arbitration agreements in future cases. But the Court's ruling lets companies decrease access to justice.
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Public Justice 2010 Trial Lawyer of the Year Award Finalists Selected6/17/2010
The Public Justice Foundation proudly salutes the five Finalists for the 2010 Trial Lawyer of the Year Award. This year’s Finalists were chosen from a field of 16 outstanding teams whose socially significant legal accomplishments were extraordinary or precedent-setting and in the public interest. The finalists will be feted at our annual Gala and Awards Dinner on July 13, 2010 in Vancouver, B.C. The winner of the 2010 TLOY Award will be announced at that event. To order tickets or for more information, click here. (links to order page)
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U.S. Supreme Court Allows Immunity for Public Health Service Officials Involved in Detainee's Medical Neglect and Death 5/03/2010
The U.S. Supreme Court ruled May 3 that U.S. Public Health Service (PHS) officials are immune from suit for violating the Constitution and causing Francisco Castaneda's death.
Castaneda was the 35-year-old native of El Salvador whose penis was amputated after state and federal immigration officials in California repeatedly ignored or downplayed his medical needs, refusing to follow their own doctors' recommendations for a biopsy.
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Arbitrators, Civil Rights Groups Tell U.S. Supreme Court: Don't Erode Access to Courts4/01/2010
Even prominent arbitrators agree: Arbitrators shouldn’t decide whether the arbitration process itself is fair. Instead, they say, courts must step in to prevent abuses.
That’s the upshot of a brief filed by 23 prominent professional arbitrators and arbitration scholars in Rent-A-Center v. Jackson, a case scheduled to be argued before the U.S. Supreme Court on April 26. Public Justice and Public Citizen are co-counsel in the case.
It was one of seven friend-of-the-court briefs filed Wednesday by a broad coalition of civil rights groups, labor unions and consumer advocacy organizations. Although Rent-A-Center has so far received little media attention, it could radically alter the landscape of access to the civil justice system.
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EPA Releases Proposal to Veto Permit for Huge Mountaintop Removal Mine3/29/2010
Public Justice won a major victory against the environmental devastation caused by mountaintop removal mining. The U.S. Environmental Protection Agency has released a detailed proposal to veto the permit for the mammoth Spruce Mine we have been challenging as illegal and blocking for twelve years.
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U.S. Supreme Court to Hear Public Justice Challenge to Mandatory Arbitration for Wronged Rent-A-Center Employee3/26/2010
In a landmark case that threatens even the most basic ability of consumers and employees to gain access to courts, the Supreme Court has agreed to hear Jackson v. Rent-A-Center, the second Public Justice case the high court will decide this year.
At issue is whether an employer may evade court challenges to the enforceability of its arbitration clause. Argument is scheduled for late April, one month after the Supreme Court oral argument in Hui v. Castaneda, a Public Justice case that raises constitutional claims.
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Hotels.com, Expedia Implement Settlement and Launch New Website Features to Assist Disabled Travelers3/15/2010
Hotels.com and Expedia Inc., two of the world’s leading online travel companies, have launched new website features that will allow disabled travelers to search for and reserve hotel rooms that have accessible accommodations.
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Public Justice Challenges California Decision Immunizing Companies for Charging 'Sales Tax' on Tax-Exempt Items2/12/2010
At Public Justice’s urging, the California Supreme Court has granted review of an extraordinary appeals court ruling that the state Constitution bars consumers from suing companies for charging “sales taxes” on tax-exempt items.
The plaintiffs in Loeffler v. Target Corporation allege that Target, the retail giant, violated tax law when it imposed sales tax reimbursement charges on their purchases of hot coffee “to go” from Target stores in California because California’s Tax Code exempts these purchases from taxation. The plaintiffs claim that Target’s practice violated California’s Unfair Competition Law (UCL) and Consumers Legal Remedies Act (CLRA) -- consistently recognized by courts as among the strongest consumer protection laws in the country.
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Federal Appeals Court Reinstates Prisoner's Lawsuit Against Guards for Beating at Infamous Jena Prison2/09/2010
A federal district court was wrong to throw out a lawsuit by a Louisiana man who was severely beaten by guards at the notorious, now-defunct Jena Correctional Facility and the victim is entitled to his day in court, a federal appeals court
ruled late last week.
The suit, Dillon v. Rogers, charges that former Jena Warden T.W. Thompson and six guards "deliberately and maliciously assaulted and battered" Keith Dillon, subjected him to inhumane conditions, and failed to provide adequate medical care for the injuries their beatings caused, including deafness in one ear, shooting pain in one shoulder and bicep, back and knee pain, frequent headaches, blurred vision and broken teeth.
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Public Justice Sues Company for Religious Discrimination12/01/2009
An Indianapolis man who practices the Sikh faith was denied a job because of his religious practices -- a violation of federal civil rights laws -- according to a federal lawsuit filed today by Public Justice and its co-counsel Kim Jeselskis.
The complaint alleges that Air Serv Corporation, which provides services at airports around the country, denied employment to Inderjit Singh because he wears a turban and beard, as required by his Sikh religion.
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Federal Appeals Court Clears Way for Nationwide Class Action Lawsuit against DirecTV for Alleged 'Bait-and-Switch' Scheme11/19/2009
In a major victory for consumers throughout the nation, the Ninth Circuit U.S Court of Appeals held today that DirecTV’s contractual ban on customers bringing class actions against it violates a “fundamental policy” of California.
The Court also ruled that, because DirecTV is headquartered in California and the national class action lawsuit is based on California law alone, DirecTV could not use the “choice-of-law” provision in its contract to avoid the application of California’s consumer protection laws in this case.
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Public Justice Launches Iqbal Project to Help Preserve Access to the Courts11/16/2009
Public Justice has launched a new initiative – the Iqbal Project – to prevent the U.S. Supreme Court’s recent decision in Ashcroft v. Iqbal from being misused to preclude access to justice in cases throughout the country.
In Iqbal, announced in May, the U.S. Supreme Court held that a Pakistani Muslim’s complaint alleging unconstitutional discrimination by high level government officials in the aftermath of September 11th had to be dismissed unless it was amended to provide more specificity. In so doing, the Court said that, to “survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Within days, defendants in consumers’ rights, workers’ rights, and civil rights lawsuits nationwide began moving to dismiss those cases, claiming that Iqbal dramatically changed federal law in numerous ways. Public Justice’s Iqbal Project is designed to stop the defendants’ improper use of the Supreme Court’s decision and preserve plaintiffs’ right to their day in court.
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Public Justice Joins Lawsuit Over Airline Crew Member's Exposure to Toxic 'Bleed Air' 9/21/2009
Public Justice has joined a lawsuit in Washington state on behalf of a flight attendant who suffered serious permanent injuries from breathing toxic “bleed air” – engine oil fumes emitted from a defectively designed aircraft.
The lawsuit was filed in April on behalf of former flight attendant Terry Williams, 38, of Pierce County, Wash., against both McDonnell Douglas Corporation, which designed and manufactured the aircraft involved in the case, and The Boeing Company, McDonnell’s parent.
Ms. Williams worked as a flight attendant for seventeen years, until she suffered debilitating injuries that her doctors have determined were a result of being exposed to contaminated bleed air.
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Another Federal Court Orders West Virginia to Clean Up Toxic Drainage from Abandoned Coal Mines9/03/2009
For the second time this year, Public Justice has won major decision, requiring West Virginia to clean up toxic acid mine drainage from abandoned coal mines so that discharges comply with water pollution limits.
The Aug. 24, ruling by the U.S. District Court for the Southern District of West Virginia could also force the state to make the coal companies pay for millions of dollars’ worth of pollution reductions.
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Legal Teams Win 2009 Trial Lawyer of the Year Awards7/29/2009
Attorneys in Rocky Flats, Pan Am 103 Litigation Take Public Justice Foundation Honors
Two legal teams that each prevailed in long and hard-fought cases against formidable corporate and government defendants were named co-winners of the Public Justice Foundation’s 2009 Trial Lawyer of the Year Award at ceremonies in San Francisco on July 28.
Ten attorneys from Philadelphia, Cincinnati and Denver were cited for their work in Cook v. Rockwell International Corp., in which they held the operators of Colorado’s Rocky Flats Nuclear Weapons Plant accountable for persistent radioactive contamination from the facility.
They shared honors with a team of five New York lawyers who recovered substantial damages for the families of the victims in the deadly 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland.
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Federal Court Grants Public Access to Evidence that Drug Company 'Ghostwrote' Medical Articles About Deadly Hormone Therapy Drug7/24/2009
Evidence of Wyeth Pharmaceuticals' Ghostwriting Campaign for Prempro Unsealed
A federal judge in Arkansas granted public access today to evidence that Wyeth Pharmaceuticals "ghostwrote" medical articles regarding its hormone therapy drug Prempro, which a national study has shown increase a woman's risk of stroke, heart attack, blood clots, cardiovascular disease, and cancer.
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HONORS FOR PUBLIC JUSTICE7/21/2009
Sierra Club to Honor Public Justice Attorney and Co-Counsel for Years of Outstanding Environmental Litigation in Appalachia
Jim Hecker, Public Justice’s Environmental Enforcement Project Director, has been named a recipient of the Sierra Club’s 2009 William O. Douglas Award, which recognizes those who have made outstanding use of the legal process to achieve environmental goals, particularly those with national significance.
Hecker will share the honor with Joe Lovett, executive director and a founder of the Appalachian Center for the Economy and the Environment, for their determined and ongoing efforts to hold the coal mining industry in check for practices that wreak environmental havoc on land, water and air and endanger the health of people, animals and plant life in neighboring communities.
Team that Obtained Justice for Thousands of Maryland HMO Customers Wins Maryland Trial Lawyer of the Year Award
Public Justice Staff Attorney F. Paul Bland, Jr. and a team of Maryland attorneys who doggedly – and successfully – pursued justice for thousands of customers who had been double-billed by their HMOs were named 2009 Trial Lawyers of the Year by the Maryland Association for Justice.
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NC Superior Court Sides with Consumers 7/13/2009
Three rulings could pave the way for North Carolinians to recoup the illegally high fees paid to payday lenders
A North Carolina Superior Court judge has ruled that the mandatory arbitration agreements in three payday lenders’ consumer contracts are unenforceable, effectively giving the go-ahead to class action lawsuits seeking to recoup illegally high fees paid to the lenders.
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Proposed Settlement with CBS and Toy Retailers to Give Refunds for 'CSI' Toy Fingerprint Kits That May Contain Asbestos7/01/2009
Public Justice and the Asbestos Disease Awareness Organization announced on July 1 that a proposed settlement of a nationwide class action against CBS Broadcasting, Inc. and major toy retailers, if approved, will give cash refunds to consumers and effectively implement a nationwide recall of toy science kits, based on the popular “CSI” television drama series, that may contain asbestos. Requests for claim forms may be submitted at http://www.csitoyssettlement.com/.
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Federal Court Rules Nationwide Lawsuit against Cingular/AT&T for Overcharges, Poor Cell Phone Service May Proceed5/27/2009
A class action lawsuit charging that millions of cell phone users were misled and overcharged when Cingular merged with AT&T Wireless in 2004 may go forward, a federal court ruled on May 26.
In a victory for consumers nationwide, the U.S. District Court for the District of Washington in Coneff v. AT&T struck down a clause in AT&T’s contract that the company argued allowed it to force its customers to bring their claims individually in arbitration proceedings, rather than in a class action in court. The District Court held that without a class action, the vast majority of AT&T’s customers would never obtain justice—and for that reason refused to enforce the contract provision.
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Mountaintop Removal Mine Blocked in Virginia5/08/2009
Less than a week after Public Justice filed a complaint in federal court and threatened to seek a temporary restraining order, the U.S. Army Corps of Engineers suspended its permit that would have allowed A&G Coal Corporation to begin filling nearly three miles of streams with mining waste at its planned 1,291-acre Ison Rock Ridge Surface Mine, which would be within sight of the Derby Historic District that is listed on the National Register.
On behalf of the Sierra Club and Southern Appalachian Mountain Stewards (SAMS), Public Justice's April 30, 2009 complaint in the U.S. District Court for the Eastern District of Virginia challenges the Corps' conclusions that it could use a streamlined nationwide permit for this huge mine and other similar mines in southwest Virginia and that it had adequately considered historic preservation issues. Nationwide permits can only be used for small projects with cumulatively minimal environmental impacts.
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New Mexico Supreme Court Blasts World Finance’s Arbitration Scheme; Unanimous Decision Favors Borrowers and Consumers Who Were Targeted by One-Sided Clause 4/29/2009
The New Mexico State Supreme Court excoriated a major short-term lender’s one-sided consumer contract, which the company – World Finance – used as license to harass and intimidate its customers, all the while charging exorbitant interest rates for the loans.
The April 29, 2009 decision in Cordova v. World Finance brings a measure of justice to hard-pressed borrowers who faced lawsuits if they fell behind on their payments, but who had to rely on arbitration by a third party under contract with World Finance if they were wronged by the lender.
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Alaska Supreme Court Adopts 'Bright-Line Rule' that Spares Workers Substantial Arbitration Costs in Employment Actions4/03/2009
Court also strikes one-sided appellate review provision as unreasonably favorable to employer
In a victory for workers who seek to vindicate their rights under the Alaska Wage and Hour Act (AWHA), the Alaska Supreme Court held on April 3 that employers may not require their employees to arbitrate their wage and hour claims unless the employer is willing to pay all of the costs of arbitration.
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U.S. Supreme Court Rejects Federal Preemption Claims in Prescription Drug Labeling, 'Light' Cigarette Fraud Cases3/12/2009
The U.S. Supreme Court recently issued two resoundingly pro-consumer decisions rejecting federal preemption of state-law claims involving injured consumers.
In a March 4 ruling, the Court held 6-to-3 that federal law does not preempt lawsuits against prescription drug manufacturers for failing to warn of their drug's dangers. Public Justice had filed amici briefs in both cases urging the Court to rule as it did.
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Third Circuit Rules that American Express May Not Escape Liability for Cheating Consumers by Banning Class Actions2/24/2009
In a triumph for consumers in New Jersey and across the country, the U.S. Court of Appeals for the Third Circuit on February 24, held that held that the Federal Arbitration Act (“FAA”) does not preempt—or wipe away—state laws that protect consumers from abusive contract terms.
In Homa v. American Express Company, the court emphatically rejected American Express’s attempt to immunize itself from liability by banning class actions and choosing less protective state law to govern its contracts with its customers.
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Egregious Medical Neglect Leads to Another Detainee's Death; Public Justice Joins Lawsuit Battling 'Unconscionable System' 2/05/2009
Public Justice’s reputation for championing immigrant detainees’ rights has brought another in search of justice to Public Justice’s doorstep—the sister of a detainee who died in custody because officials did not respond to her critical medical condition until it was too late.
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