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To date, over 30 WMS workers have joined the asbestos employment class action lawsuit, however hundreds of workers may be affected. (gazette.net)
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So what started as a heart-warming story of faith and devotion has now become a heart-wrenching bad faith insurance lawsuit.
Ms. Hardin forgot that we live in an age of smart phones—you know how they have those handy built-in cameras and all. So the Cleveland Metropolitan School District bus driver, Uriah Herron, decided to take a little video of Shena’s slick move.
Huh?
According to the lawsuit, WMS deducted $110 from Blandon’s wages in 2011, for a Washington, DC, asbestos license fee, and may have made other unauthorized deductions from his wages during his employment with them. Blandon further claims he has paid approximately $300 for annual asbestos refresher course fees, as well as about $32 for a respirator he is required to wear when performing asbestos abatement work.
The lawsuit was filed for a Seattle woman who purchased a 2012 Hyundai Accent; an Arizona man who purchased a Hyundai Genesis sedan; an Arizona woman who purchased a Hyundai Genesis sedan; and an Illinois man who purchased a 2012 Kia Sorento, all relying on the fuel-economy numbers provided by the car manufacturer.
Charleston, WV: On August 9, 2012, Paul Everett Beckman Sr. was diagnosed with asbestos mesothelioma. Consequently, Mr. Beckman and his wife have filed an asbestos lawsuit naming 81 companies they claim are responsible for his illness.
On November 3, 2010, Thomas Jarrett Bowen was diagnosed with lung cancer. He died from the disease on December 5, 2010.
And on that note—I’ll see you at the bar. Have a great weekend!
Convenience Food not so Convenient… A proposed settlement has been reached in a class action lawsuit pending against Burger King. The lawsuit, brought by individuals who use wheelchairs and scooters for mobility, allege that they encountered access problems at certain California Burger King leased restaurants.
Hyundai Motor Corporation admitted it overstated the fuel-economy estimates after independent tests by the Environmental Protection Agency (EPA) showed a discrepancy. Busted!
Bayer Aspirin with Heart Advantage Settlement Class: Purchase Date: January 1, 2008 to July 20, 2012
The lawsuit contends that Hyundai, owned by Hyundai Motor Company of Korea (KSE:005380.KS), and Kia Motors America, owned jointly by Hyundai Motor Company and Kia Motor Company of Korea (KSE:000270.KS), violated California’s Unfair Competition Law, its false advertising law and its consumer legal remedy act. The lawsuit also claims that Hyundai committed a breach of express warranty, and committed fraud and negligent misrepresentation under California Common Law, among other violations.
Thursday’s lawsuit, entitled Green v. Dr Pepper Snapple Group Inc., was filed US District Court, Central District of California, No.12-09567. It seeks class-action status on behalf of purchasers nationwide of the products, a variety of financial damages, and a halt to the alleged misleading advertising.
Marvin Blandon, one of the named plaintiffs in the lawsuit and a WMS employee, said that without proper training, he could get sick or bring asbestos home on his clothes to his wife and baby: this type of asbestos exposure is called ‘second hand’ or ‘take home’ asbestos exposure.
November 9th, 2012. By
Filed against Pfizer (which makes Advil), Bayer (which makes Bayer aspirin) and Johnson & Johnson (which makes Tylenol Cold Multi-Symptom medications), the allege the drug makers use “unconscionable, unfair, deceptive, unethical and illegal†means to promote the sales of their products. Specifically, the lawsuits claim that the these means involve the utilization of expiration dates to get consumers to throw away products that have passed their expiration dates, even though the companies know “that if stored properly these medications can and do remain chemically stable, safe and effective long after those dates.â€, (...) ;
Jimenez’ wife had been diagnosed with ovarian cancer. Being a religious man, Jimenez would stop by St. Patrick’s Church and pray in front of the crucifix for his wife to be cured. She ultimately was—and Jimenez felt indebted to the crucifix (and one would assume to God, himself) for his wife’s recovery.
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The alleged culprit? A screw. There was allegedly one screw holding the 600 lb. statue at its base. “The screw was useless. The screw is useless. It supported no anchoring system,†Kitson said in the CBS report.
Mary Bowen is suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn. Additionally, some of the defendants are also being sued as premise owners and as Thomas Bowen’s employers for deliberate intent/intentional tort, according to the lawsuit.
Class members are seeking unpaid wages and the costs of training programs, physicals and personal protection equipment that the company is required by law to provide to employees at no cost, the complaint states.
Certain defendants are also being sued as premise owners and as Clyde Blankenship’s employers for deliberate intent/intentional tort, according to the suit.
November 9th, 2012. By Top Class Action Lawsuits
November 2nd, 2012. By Top Class Action Lawsuits
The defendants are being sued based on theories of negligence, http://www.louboutinpascher6fr.com , contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn. Certain defendants are also being sued as premise owners and as Beckman’s employers for deliberate intent/intentional tort, according to the lawsuit.
According to published reports, Hyundai will lower fuel-consumption estimates on most Hyundai and Kia models produced in 2012 and 2013. It will reportedly lower estimates by as much as five miles-per-gallon for its Kia Soul Eco, and by one or two miles-per-gallon for most other models, (...) .
The , filed in the U.S. District Court for the District of Central California, seeks to represent all consumers who own or lease Hyundai and Kia vehicles whose EPA fuel economy ratings were less than the fuel economy rating produced by the applicable federal test in that model’s year.
Clyde Junior Blankenship was diagnosed with mesothelioma, from which he died on June 30, the lawsuit states. He worked as a welder and a mine operator from 1974 until 2012.
The report goes on to say that St. Patrick’s Church parishioners collected $7,000 and food for the Jimenez family. But apparently, the insurance company for the archdiocese hasn’t shown the same generosity of spirit.
Specifically, the alleges individuals who use wheelchairs and scooters for mobility have been subjected to discrimination at the restaurants that allegedly contain unlawful architectural barriers to access. The Burger King ADA lawsuit sought to remove the alleged barriers, and monetary damages for Class Members denied access to restaurants on or after October 16, 2006.
What’s in an Expiration Date? According to three separate consumer fraud class action lawsuits filed this week, a whole lot of questionable motivation.
So, to show his heartfelt gratitude, Jimenez got permission to clean the crucifix, which was apparently in need of a good once-over. So far, so good.
7UP Cherry Antioxidant was launched in 2009, and is also available as a diet drink. Other products include 7UP Mixed Berry Antioxidant and Diet 7UP Mixed Berry Antioxidant.
Asbestos Exposure at Work – Who’s Paying for It?
The proposed settlement terms includes a total of $19 million for monetary relief, which will provide an estimated average recovery per class member of over $8,200, after deductions for attorney’s fees and costs.
The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.
According to report by the Center for Science in the Public Interest, an advocacy group for food safety and nutrition, Dr Pepper Snapple Group’s advertising and packaging suggest that the 7Up beverages contain antioxidants from blackberries, cherries, cranberries, pomegranates and raspberries, rather than added Vitamin E.
The 39 companies named as defendants in the suit are A.W. Chesterton Company; Caterpillar, Inc.; CBS Corporation; Cleaver-Brooks Company, Inc.; Crane Co.; Dravo Corporation; Eaton Corporation; Erie City Iron Works; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation, as successor-in-interest to Durametallic Corporation; FMC Corporation; General Electric Company; Goulds Pumps, (...) , Inc.; Grinnell, LLC; Honeywell International; Howden North America, Inc.; IMO Industries Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Engineering & Construction, Inc.; Schneider Electric; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Swindell Dressier International Corporation; Tasco Insulations, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)
To find out more and to obtain claim forms for the Burger King wheelchair class action, call (...) you purchased one or more of the Combination Aspirin Products for personal, family or household uses then you are eligible to participate in one or both of the Settlement Classes described in this Notice, provided that your purchase occurred during the time periods specified for each Settlement Class.
MoneyGram Scam Busted. This is quite incredible. The money transfer company and has admitted to settling one of the biggest money laundering cases ever brought by the Justice Department.
And Speaking of Drug Marketing… A $15 million settlement has been reached in the regarding allegations of false advertising around certain combination aspirin products that were sold without FDA approval.
What’s Up 7UP? A consumer fraud class action lawsuit was., the maker of 7UP, over allegations the company misleads consumers about the health benefits of an antioxidant used in some varieties of some of the 7UP soft drinks, http://www.moncleroutletitboutique.com . Antioxidants in soft drinks? What time did you say the tooth fairy was coming?
Charleston, WV: Mary C. Bowen, widow of the deceased Thomas Jarrett Bowen, http://www.louboutinpascher6fr.com , has filed an asbestos lawsuit naming 30 companies she claims are responsible for her late husband’s lung cancer and death.
Seriously—look at the video above. That’s Shena there—cruising right around the school bus on the sidewalk on E. 38th Street between Superior and Payne Avenues in Cleveland. Just listen to the kids on the bus—the laughs, the OMGs and WTFs.
Unpaid Wages and Asbestos Exposure: Class Action Filed Against WMS Staffing
WMS provides temporary staff to work sites and contractors to work in, as well as mold and lead removal, the lawsuit contends.
According to CBSNews, Jimenez’ attorney Kevin Kitson stated, “David attributed the cure to his devotion to that cross.â€
Filed October 22, the lawsuit contends that WMS Solutions, which has offices in Baltimore and Bethesda, has violated state and federal regulations by making employees pay for job-related equipment and training out-of-pocket, and has not paid them for time spent in required training courses.
Bethesda, MD: Employees listed with the WMS staffing agency in Bethesda, who work with asbestos and other toxic materials, have filed analleging they were victims of “intentional schemes to deny them wages.â€
Ms. Hardin apparently doesn’t like waiting those few precious minutes we all have to wait when a comes to a stop, puts on those flashing red lights and shoves that little stop sign out. Most of us just stop (hello, child safety)—but Shena? No, that little stop sign might just as well have been the street version of a toreador’s handkerchief. Only she wasn’t about to charge the thing, she had a better plan!
Ms. Hardin thought she’d found a way to deal with her daily annoyance of getting stuck behind that damn school bus. She decided she’d go around the bus—but not on the street as, well, that might get her a ticket of course. Hell no—she took the sidewalk instead!
Week after week we report on asbestos lawsuits filed by men and women who have become seriously, if not fatally ill from exposure to the carcinogen throughout their working lives. This week, we came across an employment class action lawsuit filed by employees of a staffing agency who worked with the toxic substance, but also allege they were denied wages by the agency.
The weekly roundup of recent that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive .
Class Members of the Bayer combination aspirin class action settlement include US consumers who purchased one or more of the following combination aspirin products for personal, family or household use during the following time period:
If you are working around asbestos you should have protective clothing and equipment. If you don’t have protective gear, such as masks, appropriate clothing and gloves, not only are you at serious risk of developing an asbestos related illness, your family and loved ones may suffer take home or second hand asbestos exposure, the consequences of which can also be devastating, as the lawsuits below illustrate all too clearly.
The lawsuit, entitled In re: Bayer Corp. Combination Aspirin Products Marketing & Sales Practices Litigation, alleges Bayer violated state consumer fraud and deceptive business practices acts, express and implied warranty statutes, and unjust enrichment laws in connection with the sale and marketing of Bayer Women’s Low-Dose Aspirin plus Calcium and Bayer Aspirin with Heart Advantage.
Things unfortunately went south from there. Jimenez began to clean the cross—but it dislodged causing him to fall to the ground, with the cross crushing his right leg.
That’s right—she took the sidewalk. In her car. Drove right down the middle of it. (See the video above).? And according to WPTV News Channel 5, she did this daily—so it wasn’t just some “, (...) ;I’ll duck down, hit the gas, go around the bus and hope nobody sees me—just this once†kind of thing. No—this was her longer-term solution to waiting for that damn bus to get moving.
Charleston, WV: A Paynesville widow has filed an asbestos lawsuit, alleging her husband’s death from asbestos-related disease was caused by exposure to the carcinogen during his working life. She has named 93 companies she asserts are responsible for her husband’s asbestos mesothelioma and subsequent death.
Well, you need the back story on this one to fully understand it, so here we go.
Less is More: Less truth + Less miles per gallon than advertised = More fraud. At least that’s the math on the class-action lawsuit filed against Hyundai Motor America, Kia Motors America and Kia Motor Company of Korea. The class action was filed after regulators announced the companies overstated the fuel economy for many vehicles they sold in the United States. Now there’s a surprise.
Customers reported fraud that added up to at least $100 million, the Justice Department said, and the money from the settlement will be used to compensate the victims. I should hope so.
The 93 defendants named in the suit are: 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; Adamson Global Technology Corp.; Ajax Magnethermic Corporation; Aladdin Carpet Mills, Inc.; Allied Glove Corporation; Borg-Warner Corporation; Breeding Insulation Company, Inc.; Cabin Craft, Inc.; Caterpillar, Inc.; Certainteed Corporation; Challenge-Cook Bros. of Georgia, Inc.; Chicago Boiler Company; Clark Equipment Company; Cleaver-Brooks Company, Inc.; Continental Steel Tank Company, Inc.; Copes-Vulcan, Inc.; Coronet Industries, Inc, http://www.abercrombiemilano2013.com .; Crane Co.; Crown Cotton Mills Proprieties, Inc.; Dalton Carpet Finishing Company, Inc.; Dalton Supply Company; Dravo Corporation; E.T. Barwick Industries, (...) , Inc.; Eaton Electrical, Inc.; Elite Processing, LLC; Flowserve FSD Corporation, (...) ; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; General Electric Company; Genuine Parts Company; Georgia Pacific Corporation; Goulds Pumps; Grinnell, LLC; Hercules, Inc.; Hobart Brothers; Honeywell International; Howden North America, Inc.; IMO Industries, Inc.; Devalco Corporation; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; J. H. Fletcher & Co.; Joy Technologies, Inc.; Lattner Boiler Company; Lincoln Electric Company; Maremont Corporation; McNeil Corporation; Mestek, Inc.; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Modern Carpet Industries, Inc.; Mohawk Industries, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Oakfabco, Inc.; P&H Mining Equipment, Inc.; Pneumo Abex Corporation; Rapid-American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; Shaw Industries, Inc.; Spiraxsarco, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Sunoco, Inc.; Surface Combustion, Inc.; Swindell Dressler International Corporation, http://www.moncleroutletitboutique.com ; Tasco Insulations, Inc; The Dow Chemical Company; The Goodyear Tire & Rubber, Co.; The Sager Corporation; Union Carbide Chemical & Plastics Company; United Conveyor Corporation; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Vimasco Corporation; Weil-McLain Company; West Point-Pepperell, Inc.; West Virginia Electric Supply Company; World Carpets, Inc.; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)
David Green, a resident of Sherman Oaks, California, and the named plaintiff in the class action lawsuit, alleges he would not have bought the soft drinks had he known their antioxidants did not come from fruit.
Mrs. Bowen alleges in the lawsuit that her husband was exposed to asbestos and/or asbestos containing products during his employment as a laborer from 1964 until 2001.
The lawsuit claims that the purpose of the expiration dates is “[T]o increase defendants’ sales and profits because consumers have to purchase replacement medications for those they have thrown out.†The class is seeking actual and punitive damages for consumers that purchased products from Pfizer, Bayer and Johnson & Johnson.
According to documents filed on Friday, November 9, 2012, MoneyGram admitted that it failed to maintain an effective anti-money laundering program. The scams involved MoneyGram agents tricking customers into wiring money to the agents, who posed as relatives promising large cash prizes. MoneyGram reportedly knew about this, and the victims of the fraud–numbering in the thousands–complained to MoneyGram. However, the company took no action to stop it, instead they processed the transactions for those agents.
Bayer Women’s Low-Dose Aspirin plus Calcium Settlement Class: Purchase Date: January 1, 2000 to July 20, 2012
Filed October 22, the class action lawsuit states that WMS Solutions, which has offices in Baltimore and Bethesda, has violated state and federal regulations by making employees pay for job-related equipment and training out-of-pocket, and has not paid them for time spent in required training courses.
“I’ve been forced to pay hundreds of dollars just to make sure I don’t get sick from my work,†Blandon said through a translator. “Specialty training, equipment and trips to the doctor are also required so that I can do my job safely, and my employer should pay for them, not me.â€
Burger King Corporation and the restaurant operators deny they did anything wrong. The parties have reached a settlement of this case. It is now up to the Court approve the proposed settlement.
Take Shena Hardin.
The automaker apologized to consumers, according to published reports, and blamed the issue on what the South Korean company called “procedural errors†in its testing, which was done by a Korean lab.
And on that note- I’ll see you at the bar—time for some real antioxidants! Have a great weekend!
In their lawsuit, the Beckmans claim the defendants exposed Mr. Beckman to asbestos during his career as a mechanic and laborer since the 1940s and through his wife, who worked at Owens Illinois Glass Factory, and his father and brother, who were utility workers with Consol Energy.
According to the National Cancer Institute, antioxidants help protect cells from damage caused by free radicals, which are unstable molecules associated with cancer.
The falling crucifix lawsuit is headed to trial, and jury selection was set to begin today.
We’ve seen a lot of stupidity on the pages of our posts–but we continue to be amazed at the extent some folks will go to in an attempt to beat the system somehow, http://www.abercrombiemilano2013.com .
November 7th, 2012. By
If you purchased Bayer? Women’s Low Dose Aspirin + Calcium or Bayer? Aspirin with Heart Advantage, you may be a member of the Bayer Heart Advantage Class or the Bayer Women’s Class (collectively referred to as the “Settlement Classesâ€) – and thus eligible to receive money from the settlement – depending on (1) which Combination Aspirin Product you purchased, (2) whether you purchased it for personal, family or household uses, and (3) when it was purchased. Each Settlement Class only includes purchases of specific Combination Aspirin Products during specific periods of time.
November 8th, 2012. By
The 81 companies named as defendants in the suit are: 3M Company; A.W. Chesterton Company; Airtek, Inc.; Aurora Pump Company; Autozone Stores, Inc.; Beazer East, Inc.; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Clark Equipment Company; Cleaver-Brooks Company, http://www.belstaffoutletnegozi.com , Inc.; Consol Energy, (...) , Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; F.B. Wright Co. of Pittsburgh; Fairmont Supply Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; George V. Hamilton, Inc.; Georgia Pacific Corporation; Georgino Industrial Supply (Pittsburgh), Inc.; Goulds Pumps; Grinnell, LLC; Harvey Hubbell, Inc.; Hercules, Inc.; Honeywell International; Howden North America, Inc.; I.U. North America, Inc.; IMO Industries, Inc.; Devalco Corporation; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; J. H. Fletcher & Co.; Joy Technologies, Inc.; Kelsey-Hayes Company; Lewis-Goetz And Company, Inc.; Maremont Corporation; McJunkin Red Man Corporation; McNeil Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Morgantown-National Supply, Inc.; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Petroleum Pipe and Supply Company, Inc.; Pettibone/Traverse Lift, LLC; Phillips Corporation; Pneumo Abex Corporation; Premiere Refractories, Inc.; Rapid-American Corporation; Riley Power, Inc.; Ritter Technology LLC; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunray Electric Supply Company; Tasco Insulations, Inc.; The Goodyear Tire & Rubber, Co.; Union Carbide Chemical & Plastics Company; Uniroyal, Inc.; United Conveyor Corporation; United Engineers & Constructors and Washington Groups International; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. (wvrecord.com)
It gets better.
One thing’s clear in this : the plaintiff hasn’t lost his faith in our justice system. Whether he’, (...) ;s lost any faith otherwise, who knows—but David Jimenez is suing St. Patrick’s Church in Newburgh, NY after the church’s exterior crucifix fell on him, crushing his leg, and resulted in an amputation.
According to the lawsuits, studies by the Food and Drug Administration, Harvard Medical School, and Johns Hopkins University have found 90% of more than 100 prescription and over-the-counter drugs were fine and could be used for as much as 15 years after their expiration dates: this excludes certain drugs like tetracycline, nitroglycerin, insulin, and liquid antibiotics.
To learn more about making a claim and to download forms go to the Bayer Combination Aspirin Class Action Lawsuit Settlement at .