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Family of canal drowning victim files $30 million lawsuit against Pittsburg

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.mercurynews.com

Updated:   03/16/2015 05:40:39 AM PDT

PITTSBURG — The family of a 56-year-old man who drowned after his car crashed into the Contra Costa Canal last year has sued the city of Pittsburg, seeking $30 million in damages.

The suit alleges the city did not do enough to prevent Dennis Sandoval’s car from falling into the canal and that there should have been a barrier in place, better warning signs and other safeguards.

Sandoval, of Pittsburg, was driving home from work after 6 p.m. on April 1, 2014, when his eastbound car failed to negotiate a left curve on West Leland Road. His car went over a curb, through a chain-link fence and into the canal, landing upside down in 5½ feet of water.

The lawsuit says the city should have installed a barrier that extended out into the region where Sandoval’s car crashed. There is such a barrier directly above the canal, but where Sandoval’s car broke through, there is only a single chain-link fence.

“Our main position is that for a very little amount of money, they could have erected a regular guard rail or sunken wooden post,” Robert Abel, the attorney representing the family, said.

“That would have stopped this vehicle from leaving the roadway and entering the water. It wasn’t the crash that killed him, it was the drowning.”

Sandoval’s widow, Loretta, said Friday her motivation for suing was to force the city to install a barrier to prevent a future tragedy from happening.

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Sandoval’s body was not…

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Colorado prisoners’ lawsuit seeks millions for being held ‘too long’

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.denverpost.com

Denver and the West

Updated:   03/14/2015 01:31:07 AM MDT

A class-action lawsuit has been filed in federal court on behalf of 154 Colorado prisoners seeking millions of dollars in compensation on a claim that they were cheated out of good time and held too long.

The lawsuit was filed Friday on behalf of Arlene Rosetta-Rangel and numerous other current and former inmates who accuse the Department of Corrections of failing to credit them for good behavior.

The lawsuit, which seeks attorney’s fees and compensatory and punitive damages, is very similar to a class-action suit filed more than a year ago in federal court by the law firm of Killmer, Lane and Newman.

Attorney David Lane said their case, Ankeney versus Colorado, has been appealed to the Colorado Supreme Court and once it is decided, thousands of inmates encompassed by the lawsuit could be immediately released from prison or parole.

The Rosetta-Rangel lawsuit filed by attorney Blake Embry is different because it seeks to include the names of scores of inmates who have already been released from prison, Embry said.

But Randal Ankeney, a former attorney named as lead plaintiff in the Lane lawsuit, was released from prison in 2013.

Embry said he intends to file a motion consolidating his case with the Ankeney case.

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His lead plaintiff, Rosetta-Rangel, should have been released on May 5, 1999, but wasn’t released until 839 days later, in part because a judge didn’t credit her for serving 180 days in jail before…

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Colorado Springs files motion to dismiss PERA lawsuit

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from gazette.com

A lawsuit alleging that Memorial Hospital employees were forced from a lucrative pension program failed to prove Colorado Springs officials did anything wrong, city attorneys argued in a motion filed this week.

The motion – which sought to dismiss the lawsuit – marked the city’s first response since the case was moved to federal district court in late 2013.

Two former Memorial Hospital employees, Margarethe Bench and Kathryn Romstad, claim the city did not follow the proper procedures for pulling roughly 4,000 hospital employees out of the Public Employees’ Retirement Association on Oct. 1, 2012, when the city began leasing the hospital to University of Colorado Health.

For example, they claim the city did not allow employees to vote on whether they wanted to leave the state’s pension fund, according to court documents.

In a motion filed by the city Tuesday, attorneys asked the suit be tossed because no contract explicitly stated the employees would be a part of PERA forever.

Despite citing the employees handbook and other resources, “the factual allegations do not plausibly support the existence of a contract for future PERA participation after the City ceased to employ Plaintiffs,” the motion said.

UCHealth’s pension plan is inferior to the one offered by PERA, the lawsuit alleged. And pediatric division employees now employed by Children’s Hospital Colorado were offered an employee-contribution retirement plan that amounted to “tens of thousands,…

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Lawsuit: SRC violated former teachers’ rights

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.philly.com

THREE RETIRED Philadelphia School District teachers have filed a federal lawsuit against the School Reform Commission, former chair Bill Green, the city and other parties for allegedly violating their constitutional rights during an SRC meeting.

The trio – Ilene Poses, Lisa Haver and Barbara Dowdall – say the violations occurred during a Feb. 18 meeting at which commissioners voted on charter-school applications, according to the suit filed Tuesday in U.S. District Court in Philadelphia. The plaintiffs are members of the advocacy group Alliance for Philadelphia Public Schools.

The Feb. 18 meeting was contentious, with four people arrested on disorderly-conduct charges, and the plaintiffs were not allowed to display signs opposing new charter-school approvals, the suit says.

Representatives from charter operator KIPP, however, were allowed to distribute and wear T-shirts in support of KIPP schools, the suit says.

The suit also claims that a school police officer named as a defendant, John Augustine, illegally went into Haver’s shopping bag without permission and swiped all the protest signs inside.

“Without cause or justification, and at least in part in retaliation for the exercise of the plaintiff’s First Amendment rights and to chill the exercise of those rights, the defendants seized the plaintiffs, confiscated their signs and violated the plaintiffs’ liberty interests,” the suit says.

A school district spokeswoman said the district would not comment on…

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Police brutality settlement costs Rye big: $475K

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.lohud.com

The police union and defendants in the case did not support the settlement.

RYE – The City Council approved a $475,000 settlement Wednesday night to end a federal lawsuit by Andrew Caspi, a resident who claims he was beaten by police during an arrest more than a decade ago when he was 17.

The unanimous vote came after officials learned they did not have sufficient insurance coverage to handle the additional legal fees associated with a trial and the uncertainty of a jury verdict.

The city’s $1 million in insurance coverage will help lower the costs of the settlement, Mayor Joseph Sack said. After a $50,000 insurance deductible and accrued legal fees of $645,000, the settlement will end up costing taxpayers about $170,000, he said.

“It’s incredibly expensive to prep a case for trial,” said Councilman Terrence McCartney, a trial lawyer himself, adding that the police and their lawyers may have been confident but “you never know what a jury’s going to do.”

Talk of a settlement was spurred by the revelation that a police sergeant had written a report critical of one of the arresting officers — a report the city contends had lain unread in a sealed envelope for a decade before it was found three months ago.

But the city also learned in the past week that its excess insurance carrier — which would have covered anything over $1 million in expenses in the case — had…

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Duke Energy settles shareholder lawsuit for $146M

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.charlotteobserver.com

Charlotte-based Duke Energy has agreed to settle a shareholder lawsuit linked to its 2012 merger with Progress Energy for about $146 million.Duke’s insurance coverage covers most of the settlement amount, and shareholders – not customers – will pay the remaining portion, according to a company statement. The company last year reported a $26 million reserve for the estimated portion not covered by insurance.

The class-action lawsuit brought by shareholders claimed Duke Energy, its executives and directors made misrepresentations related to a post-merger CEO change. The settlement covered three consolidated cases in the N.C. federal courts that were filed shortly after the July 2012 merger.

As part of the agreement, Duke and the named executives and directors denied the allegations and any wrongdoing.

Duke said it settled to “avoid the cost of prolonged litigation and eliminate uncertainty for the company” from the lawsuit.

When Duke and Progress agreed to the $32 billion “merger of equals,” Progress chief executive Bill Johnson was expected to lead the combined companies. Duke became the nation’s largest electric utility with 7.1 million customers in six states at the time.

But within hours of closing the deal, the new Duke board promptly fired Johnson and reinstalled Duke CEO Jim Rogers. Johnson is now chief executive of the Tennessee Valley Authority.

The N.C. Utilities Commission launched an investigation of whether the…

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