The City of Hernando, Police Chief Scott Worsham, and Officer Lynn Brown are among defendants named in a multi-million dollar lawsuit filed against it by relatives of two young men who died in a 2019 high speed chase that ended with their deaths. The lawsuit was filed by Linda White and Kathryn Bonds, mothers of Jesse White, age 20 of Memphis, and Kristopher Bonds, also age 20 of Memphis, who were involved in a chase that led to the crash that resulted in their deaths. The incident in question took place in the early morning hours of July 27, 2019 in Hernando, when an officer attempted a traffic stop on a maroon Maxima. According to the lawsuit, filed in U.S. District Court for the Northern District of Mississippi, the Maxima initially stopped but then sped off, starting a pursuit with the officer trying to chase it down. When the chase reached speeds of 100 miles an hour, the officer, identified as Alec Chatham, was told by dispatch to cut it off. The lawsuit states that, while Chatham cut the chase off, Brown continued to pursue the vehicle, which continued onto I-55 driving northbound in the southbound lanes of the roadway before it flipped over and killed Kristopher Bonds and Jesse White. They were passengers in the car being chased but police were not aware they were in the vehicle at the time, according to the lawsuit. Linda White and Kathryn Bonds claim their sons were wrongfully killed in the crash. They also claim that the police department has developed a pattern of not enforcing policies and procedures against actions that result in violations of civil rights. The parents are demanding a jury trial and are seeking damages of $3 million in actual and compensatory damages, $12 million punitive damages, along with payment for funeral and burial expenses. Source link The post Lawsuit filed against Hernando, police in wrongful death suit first appeared on Aggressive Injury Law.
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The U.S. Census Bureau could be forced to delay even further the release of redistricting data used for drawing congressional and legislative districts if it’s ordered to disclose more records in response to a lawsuit, the agency’s chief scientist said in court papers this week. The redistricting data is set to be made public by the middle of next month. That could be postponed by as much as six additional months, however, if the statistical agency is ordered to release more records dealing with how it counted people living in what it refers to as “group quarters,” Census Bureau Chief Scientist John Abowd said in a declaration. The bureau designates group quarters as dormitories, prisons, nursing homes and group homes. The release of the redistricting data already was postponed by five months from its original March 31 deadline because of delays caused by the coronavirus pandemic, sending states scrambling to revise redistricting deadlines. Two states, Ohio and Alabama, sued the Census Bureau in an unsuccessful effort to get it to release the data before August. “The effect on the schedule for delivering redistricting data would likely be substantial,” Abowd said of any potential order to disclose further group quarter records. The Republican advocacy group, Fair Lines America Foundation, sued the Census Bureau in a public records lawsuit for information about how the census count was conducted in group quarters. The group says it’s concerned about the accuracy of that count and wants to make sure anomalies didn’t affect the state population figures used for divvying up congressional seats among the states. The group facilities were among the most difficult places to count people during the 2020 census because the pandemic forced colleges to shutter dorms and send students home, and nursing homes and other facilities restricted access in an effort to protect vulnerable residents from the virus. Abowd said that if the Census Bureau is required to release additional records as part of the Fair Lines lawsuit it will need as much as six months to recalibrate a new statistical tool meant to protect people’s privacy so that they can’t be identified through the data. Delaying the release of the redistricting data past Aug. 16 could get the Census Bureau in trouble with a federal court in Ohio. As part of a settlement of the state of Ohio’s lawsuit, the Census Bureau promised to release the redistricting data no later than Aug. 16. The privacy method adds calibrated error to the data, most noticeably at small geographic levels such as neighborhood blocks, in order to prevent people being identified by high-powered computers through matches with third-party data such as voting records or credit card data. Because of the privacy method, data at the neighborhood block-level may look “fuzzy,” with weird situations such as blocks showing children living with no adults or the number of people not matching the number of housing units in a block, acting Census Bureau director Ron Jarmin said Wednesday in a blog post. Jarmin said that blocks should be added together to produce accurate results. “Though unusual, situations like these in the data help confirm that confidentiality is being protected,” Jarmin said. Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission. Source link The post Census may delay data release if forced to disclose records | first appeared on Aggressive Injury Law. Stay ahead of the curveIn the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS Source link The post Law360’s Tort Report: Missouri’s Med Mal Cap Stays Put first appeared on Aggressive Injury Law. A traumatic brain injury is one of the most serious types of injuries anyone can ever have as they may end up dealing with long-term or even irreversible effects. When an accident occurs, be it an auto collision or a slip and fall, one of the worst things that can happen to the persons involved is that they suffer a traumatic brain injury (TBI). Depending on the severity of the injury, there may be some patients whose quality of life may be negatively impacted afterward. The effects of the condition can be lifelong, and medical solutions may not always deliver good outcomes. If you or a loved one is suffering from a traumatic brain injury, it’s important for you to take action at once. This might mean bringing the case to court for adequate compensation while seeking the appropriate medical treatment. Read on to get some insights on how you should deal with traumatic brain injury cases in Houston, Texas. 1. Have the Patient Undergo Imaging Tests Before a personal injury claim can be filed, medical tests are necessary to serve as documentary proof of the brain injury’s severity. So once a patient has suffered the condition as the result of an accident, the only way to assess what’s the damage inside the body is to make sure that they undergo imaging tests. The two most basic and common imaging or scanning tests are the following:
2. Understand Current Medical Research Because of the inherently difficult nature of a TBI case, when you first contact Ben Dominguez to take your brain injury case or any other lawyer in your local area, they have to work together with the patient’s doctors to understand the current medical research on TBI. This will allow the lawyer to fight for your case point for point and ensure the best outcome for you. Remember that claims for TBI aren’t just based on present circumstances. They also have to do with the future since the condition can lead to lasting effects, the worst of which is permanent damage. That’s why for such cases, doctors and lawyers would have to combine their expertise in order for the victim to receive the compensation they deserve. 3. Look into the Treatment Options Available Your doctor will prescribe a form of treatment that’s right for your particular condition. Once the treatment options are decided upon, your medical records will be handed over to your lawyer. That way, they’ll have sound basis for the claim, particularly when it comes to the compensation you’re aiming for. For mild cases, only rest and over-the-counter pain medications are required. But the patient still has to undergo close monitoring at home just in case their symptoms start to worsen. Follow-up doctor’s appointments may also be called for. Meanwhile, the treatment options for traumatic brain injury in general and more serious cases include:
4. Take Note of What Factors Lawyers Consider Before Accepting a Case Not all TBIs require a lawsuit or a full-blown trial. In fact, lawyers specializing in claims for that condition usually look into several factors when determining whether they should take on a TBI case. Those include the following:
Conclusion A traumatic brain injury is one of the most serious types of injuries anyone can ever have as they may end up dealing with long-term or even irreversible effects. So you or your loved one can begin the journey toward recovery, you have to take the necessary course of action. The tips above can give you a head start both from the legal and medical perspectives. Those have to go hand in hand to acquire the best outcome for the individual suffering from TBI. Source link The post How to Handle Traumatic Brain Injury Cases in Houston, Texas first appeared on Aggressive Injury Law. I am delighted to announce that the 2022 Prosser Award honoree is Martha Chamallas. Professor Chamallas, the Robert J. Lynn Chair in Law at The Ohio State University, assumed emeritus status this year; she was honored with the 2021 Distinguished University Professor Award. One of her Prosser Award nominators stated that she has been “a major influence in encouraging a greater consideration of the ways in which tort law impacts minorities and women.” From her Ohio State biography: Professor Martha Chamallas is a leading scholar in a number of fields, including torts, employment discrimination law, and legal issues affecting women. She is the author of two books and more than 40 articles and essays in law journals such as the Michigan Law Review, the University of Pennsylvania Law Review, the University of Chicago Law Review, UCLA Law Review and the Southern California Law Review. She is a member of the American Law Institute, Torts Consultative Group and has participated on Gender and Race Bias Task Forces for the states of Iowa and Pennsylvania. Following graduation from law school, Professor Chamallas clerked for the Honorable Charles Clark of the U.S. Court of Appeals for the Fifth Circuit and served as an attorney for the U.S. Department of Labor, Office of the Solicitor, Civil Rights Division. Prior to joining the Moritz College of Law in 2002, Professor Chamallas served on the faculties of the University of Pittsburgh School of Law, the Louisiana State University Law Center, and the University of Iowa College of Law. She has held visiting positions at Harvard Law School, the Washington University School of Law, Richmond School of Law, the University of Ghent, and Suffolk University School of Law. She also served as the chair of the Women’s Studies Program at the University of Iowa. At the Moritz College of Law, she teaches Torts, Employment Discrimination, and Gender and the Law. Professor Chamallas was the recipient of the Distinguished Lecturer Award in 2006 and the University Distinguished Scholar Award in 2013. https://lawprofessors.typepad.com/tortsprof/2021/07/martha-chamallas-is-the-2022-william-prosser-award-honoree.html Source link The post TortsProf Blog first appeared on Aggressive Injury Law. WATSONVILLE — A lawsuit filed against Valley Convalescent Hospital by the loved ones of 79-year-old Ann Williams alleges elder abuse, fraud and wrongful death against the facility. After attempts to contact the administration at the skilled nursing facility, the Sentinel did not hear back from a representative before its publishing deadline. Lawyers for Williams’ two sons alleged in a press release this week that staff at Valley Convalescent killed Williams by depriving her of food and water. Williams suffered from severe dementia and needed help with tasks such as eating and drinking, which is something the family claims Valley Convalescent knew when she was admitted in 2018 in order to recover from hip surgery. “While Ann was still at Valley Convalescent, her roommate told the family that Ann would motion for staff to help her get water, but she wasn’t getting enough … (her son’s wife) reports that she even wrote that ‘she’s non-verbal’ on the whiteboard in Ann’s room,” lawyers of the Santa Cruz-based Scruggs, Spini & Fulton said in the statement. “The family’s efforts were obviously ignored.” The family also alleges that when Valley Convalescent knew Williams’ Medicare benefits were about to expire, they discharged her and “dumped” her on the doorstep of assisted living facility Paradise Villa Feb. 22, 2019. She was visibly emaciated and dehydrated, they say. “Their nurse who was clearing her for admission as is required saw her the next day, and immediately dialed 911,” said attorney Dana Scruggs. After Williams was allegedly rushed to Dominican Hospital, she was placed in hospice care and died five days later. In the three months leading up to her death, Williams was said to have lost nearly 40 pounds or one-fourth of her body weight. Both her lab results from her stay at the hospital and her death certificate indicate she suffered metabolic encephalopathy or brain injury from dehydration and electrolyte abnormalities, the family’s representation states. Pushing forthCurrently, the lawsuit is in the hands of the Santa Cruz County District Attorney’s Office as it investigates the claims. The family lawyers say that Valley Convalescent has denied responsibility for Williams’ death and has avoided a public trial through arbitration. The firm alleges, however, that Valley Convalescent failed to pay arbitration fees in a timely manner, leading the case back to Santa Cruz public court. Last month, the facility filed an appeal of the order; a motion to dismiss the appeal is pending. Attorneys fear the appeal is an attempt to delay justice for the Williams family in the case that was filed in 2020, according to their statement. “It has often been said that justice delayed is justice denied,” the release concludes. Scruggs said Williams’ sons are entitled to loss of consortium or the loss of their relationship with their mother. In the lawsuit, the relief requested is described as non-economic and economic damages according to proof, punitive damages according to proof, $500 per violation of Williams’ patient rights and attorneys and court fees. “Because we believe this a case of clear and convincing elder neglect and abuse, on behalf of Ann the survivors are entitled to pre-death pain and suffering and their attorneys’ fees in prosecuting the case,” the attorney said. “The amount of damages to be awarded is up to the jury at its discretion, but this is the type of case where the conscience of our community in the form of a jury often speaks loudly.” According to California Department of Public Health records, Valley Convalescent has been cited for a total of 11 state and federal deficiencies since June of 2018; the deficiencies had to do both with resident care and infrastructural issues. In one instance in December of 2019, neither a male resident nor his beneficiary was made aware of Medicare non-coverage until five days after Medicare stopped paying for his physical therapy services. “According to the Medicare Claims Processing Manual, revised 3/8/19, written notices must be issued far enough in advance so that the beneficiary can make a rational, informed decision without undue pressure,” a CDPH auditor wrote in their report. Source link The post Family sues skilled nursing facility in Aptos woman’s death – Santa Cruz Sentinel first appeared on Aggressive Injury Law. A Republican advocacy group on Wednesday withdrew its request for a court order seeking the immediate release of Census Bureau records after the agency’s chief scientist warned their disclosure could push back the already delayed release of redistricting data used for drawing congressional and legislative districts. Fair Lines America Foundation withdrew its request for a preliminary injunction in a public records lawsuit against the statistical agency. Earlier this week, Census Bureau Chief Scientist John Abowd had said in a court declaration that the records’ disclosure could cause an additional delay of up to six months in the redistricting data’s release. The redistricting data is set to be made public by Aug. 16 following a five-month delay from its original deadline due to the pandemic. The delay sent states scrambling to revise redistricting deadlines, and two states, Ohio and Alabama, sued the Census Bureau in an unsuccessful effort to get it to release the data before August. Fair Lines sued the Census Bureau in a public records lawsuit for information about how the census count was conducted on people living in dormitories, prisons, nursing homes and group homes. Those facilities are called “group quarters” by the bureau. Fair Lines says it’s concerned about the accuracy of the group quarters count and wants to make sure anomalies didn’t affect the state population figures used for divvying up congressional seats among the states. The withdrawal is only being made on the preliminary injunction motion, not the public records lawsuit. Group facilities were among the most difficult places to count people during the 2020 census because the pandemic forced colleges to shutter dorms and send students home. Also, nursing homes and other facilities restricted access in an effort to protect vulnerable residents from the virus. Abowd said that if the Census Bureau is required to release additional records as part of the Fair Lines lawsuit it will need as much as six months to recalibrate a new statistical tool meant to protect people’s privacy so that they can’t be identified through the data. The privacy method known as “differential privacy” adds calibrated error to the data, most noticeably at small geographic levels such as neighborhood blocks, in order to prevent people being identified by high-powered computers through matches with third-party data such as voting records or credit card data. In a statement, Fair Lines called Abowd’s declaration “laughably self-serving.” “This Census Bureau has been plagued with embarrassing problems for the last many months, in large part due to Abowd’s push to apply ‘differential privacy’ over the objections of many outside and inside the Bureau,” the statement said. “All we are seeking is transparency in how the count was determined – which reveals no privacy issues whatsoever.” Because of the privacy method, data at the neighborhood block-level may look “fuzzy,” with weird situations such as blocks showing children living with no adults or the number of people not matching the number of housing units in a block, acting Census Bureau director Ron Jarmin said Wednesday in a blog post. Jarmin said that blocks should be added together to produce accurate results. “Though unusual, situations like these in the data help confirm that confidentiality is being protected,” Jarmin said. ——-- Follow Mike Schneider on Twitter at https://twitter.com/MikeSchneiderAP Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission. The post Facing Census delay, group withdraws request for records | National News first appeared on Aggressive Injury Law. Jessica Hill/AP After a years-long legal battle with the maker of the rifle used in the Sandy Hook Elementary School shooting, victims’ families are deliberating over a $33 million settlement offer from Remington Arms. The offer, presented by the now-bankrupt gunmakers in court documents on Tuesday, comes just a day after a judge denied the company’s request to dismiss the lawsuit. However, the sum falls far short of what families have previously said they expected. In court documents, earlier this year, they argued that wrongful death settlements could reach $225 million and expected total punitive claims could exceeding $1 billion. But the offer this week would distribute only about $3.7 million to each family. A lawyer for the families told the BBC they would “consider their next steps” regarding the proposed settlement. Meanwhile, after two bankruptcies filings by Remington and years of legal tussles that reached the U.S. Supreme Court in 2019, the case is scheduled to go to court soon. Jury selection is scheduled for September. Victims survivors are driven by a desire to effect societal changesJonathan E. Lowy, Chief Counsel for Brady Campaign to Prevent Gun Violence, has represented victims’ families and survivors of mass shootings for more than 20 years in so-called “impact litigation” cases. Those are lawsuits focused on changing laws and broader policies, beyond the particular case involved. Lowy is not involved with the nine families who claim Remington is liable for the deaths of six adults and 20 children as the manufacturer and marketer of the Bushmaster assault-style rifle used in the 2012 massacre. But, he told NPR, “I’ve certainly been in this situation many, many times over the years and lived the experience of working through their decision making.” He noted several similarities between the families in the Sandy Hook case and those he’s worked with in the past. “In my experience, victims and survivors, while they realize that no amount of money can come close to compensating them for the harm that can cause them, they generally do understand that it’s important to force gun companies that act irresponsibly, and their insurance companies, to internalize the harm that they cause.” One of the most effective ways to do that is to ensure that it is a powerful financial blow, he said. “Without it,” he said, “it’s all profit to them and other people die.” How to get pass feelings of guiltLowy did not address questions about the $33 million offer on the table — whether it is too low considering the death toll and the age of the victims. But, he said he, and attorneys in general, have an obligation to discuss the range of options that can happen in a case. “And that’s going to include very negative options or very positive options.” It is imperative for clients to be fully aware of the risks, benefits, and uncertainties involved in litigation, he added. He also acknowledged that in the final stages of negotiating a settlement, some victim survivors who have tragically lost a loved one in an act of violence can feel a sense of guilt over accepting any amount of money. When such issues arise, Lowy said he urges them to seek help in processing their grief. But he also reminds them “that they’re bringing a case to make a positive change … and the money is an important part of forcing that change.” “I do think that lessens guilt to some extent,” he said. Source link The post Gun Maker Offers Sandy Hook Families $33 Million In Settlement Proposal : NPR first appeared on Aggressive Injury Law. The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday: Wednesday opinions Jerry Jones, Jr. v. State of Indiana (mem. dec.) Eric M. Winship v. State of Indiana (mem. dec.) Thomas A. DeCola v. Starke County Council (mem. dec.) Lonnie Garner, Jr. v. Marion County Prosecutor, Ryan Mears, and the Indiana Bureau of Motor Vehicles (mem. dec.) Larry C. Perry, Jr. v. State of Indiana (mem. dec.) Michael Steele v. State of Indiana (mem. dec.) E.R. v. Review Board of the Indiana Department of Workforce Development (mem. dec.) Robert E. Ward, Jr. v. State of Indiana (mem. dec.) Source link The post Opinions July 28, 2021 – The Indiana Lawyer first appeared on Aggressive Injury Law. Stay ahead of the curveIn the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS Source link The post Marsh Inc. Escapes Claim Over Asbestos Coverage Advice first appeared on Aggressive Injury Law. |
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