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Teen testifies in trial over gay-straight alliance at Lake school

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

“Bullying is a very, very difficult problem, and it’s a problem for everyone,” Hannah, a student at Carver Middle School in Leesburg, testified during the trial over the Lake County school district’s denial of the club application. “It’s kind of like snowflakes — no one case is like the other, and the GSA [gay-straight alliance] finds ways to solve these issues.”

The fate of Hannah’s long-awaited club rests with U.S. District Judge William Terrell Hodges, who heard the first day of arguments in a suit brought by the American Civil Liberties Union of Florida. The school district denied Faughnan’s application in the fall of 2013 under a newly revised clubs policy, which required clubs to at least impart critical-thinking skills.

The ACLU contended the new clubs policy created intentionally sought to exclude gay-straight groups from middle schools. Such groups, ACLU attorney Daniel Tilley argued, are anti-bullying organizations designed to make schools safer, not a place where students discuss sex or dating.

The policy revisions followed a widely-watched dispute between the district and an earlier Carver Middle School student, Bayli Silberstein, who has since moved on to high school. Hannah took up the cause after Bayli’s departure with a separate…

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Fatal coverup of defective Army helicopter parts alleged in lawsuit

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

The families of two U.S. soldiers who were in a fatal helicopter crash in Afghanistan in 2013 have filed a lawsuit against a company that makes a key piece of the aircraft involved, saying the aviation firm is responsible for the crash.

Army Chief Warrant Officer 3 James E. Groves III, 37, was killed in the crash of the Kiowa Warrior OH-58D on March 16, 2013. His co-pilot, 1st Lt. Jonathon K. Kohl, 25, suffered severe spine and head trauma, and has undergone numerous surgeries, said an attorney for the two families, Timothy Loranger. Kohl remains confined to a wheelchair with a long list of medical ailments.

[RELATED: Engine failure led to fatal Army helicopter crash in Afghanistan, investigation finds]

The wrongful death and personal injury lawsuit names Goodrich Pump and Engine Control Systems Inc., of Charlotte, N.C., and the parent company that acquired it around the time of the crash, Triumph Group Inc., of Berwyn, Pa. The suit cites the failure of a component in the aircraft’s Full Authority Digital Electronic Control (FADEC), a digital device that makes sure there is enough fuel going to the helicopter’s engine.

Triumph could not be reached immediately for comment. The lawsuit alleges the company’s design of the engine control unit in the FADEC was “defective and unreasonably dangerous,” and accuses Goodrich and Triumph of concealing defects in it while continuing to supply parts to companies and the U.S. government.

“The defendants…

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Cold Spring seeks dismissal of police chief lawsuit

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

The city of Cold Spring is asking a Stearns County judge to dismiss a lawsuit filed by Eric Johnson, who was offered the city’s police chief job but never was hired.

The city this week filed more than 100 pages of documents in court asking Judge John Scherer to dismiss the lawsuit or in the alternative limit the amount of “future lost wages” that Johnson can recoup from the city.

There is a hearing scheduled for March 23, when Scherer will hear arguments about the motion. Johnson hasn’t yet filed a response to the motion in court.

He was the police chief in Minneota when Cold Spring made him a conditional offer to become chief of the Cold Spring-Richmond Police Department. Johnson quit his job in Minneota because of the offer and after assurances from Cold Spring City Administrator Paul Hetland that the job was his.

City officials then learned that the CPR and first responder certifications that Johnson listed on his resume were not current. The city voted “no confidence” in Johnson and he never was hired.

Johnson sued the city, alleging a breach of contract, contending the city was negligent when it offered him the police chief’s job then hired someone else. The lawsuit also alleges breach of implied covenant of good faith and fair dealing, intentional infliction of emotional distress and promissory estoppel — essentially reneging on a promise that holds the force of contract.

Johnson’s…

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Lawsuit targets Vermont over abortion

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

Alan Lyle Howe says his opposition to abortion is more than just a moral belief — it’s a religious conviction.

But Vermont’s state-offered health plans force Howe to choose between his pro-life beliefs and insurance coverage, because all plans offered through Vermont Health Connect include a fee for elective abortion coverage, said his lawyer, Casey Mattox.

Howe declined to enroll and instead filed suit in federal court against the Department of Vermont Health Access, former commissioner Mark Larson and a host of federal officials.

“There are plenty of people who are pro-life, not for religious reasons,” Mattox said. However, he said that Howe, a Protestant, considers the fee a violation of his religious beliefs.

Through his lawyers, Howe declined to be interviewed.

Howe is in his late 50s and has been living in Vermont for most of his life. Mattox said Howe lives by himself, works part-time and would have no reason to use the money set aside for elective abortions.

The Vermont Health Access Department’s lawyer said much of Howe’s allegations are directed at federal statutes rather than state law. Assistant Attorney General Bridget Asay declined to go further into how her clients would respond to the complaint….

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Lawsuit targets Parker chicken farm

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

Opponents: Farm owner helped write zoning rules

Katie Overvaag (left to right), Sandy Thompson and Veronica Shukla walk along the Big Sioux River to protest against proposals that would lower the number of zoning board votes needed to approve a conditional use permit, to penalize citizens who appeal zoning decisions, and to allow non-family farm corporations to establish hog farms. (Photo: , Jay Pickthorn – Argus Leader)Buy Photo

A group of Turner County homeowners is suing the county commission and the owners of a proposed chicken farm in hopes of putting a stop to the $85 million development.

Opponents say the commission used a fax from the farm’s owner to re-write the county’s zoning ordinance at the last minute and without public input, in a way that made it possible to site the six million-hen operation less than three miles from Parker city limits.

Michael Schaffer, who represents three couples opposed to the Sonstegard Foods facility, says the county’s rewrite was done without proper public notice or input.

His lawsuit asks a judge to declare the ordinance null and void, which he says would nullify any building permit the county issues.

“They could have done this right,” Schaffer said. “They didn’t do it right. Now they’re taking a huge gamble if they look at approving this thing.”

The county’s lawyer, Turner County State’s Attorney Matt Olson, says the commission didn’t break any rules.

State law was followed in the 2014 zoning ordinance…

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Fernandina Beach commissioners postpone fire department investigation over lawsuit concerns

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

A proposal to have an independent investigation done into the Fernandina Beach Fire Department was put on the back burner this week by a divided City Commission because of concerns that it might interfere with a lawsuit that touches on some of the same issues.

On a 3-2 vote Tuesday, the commission postponed an investigation it had unanimously proposed two weeks earlier after advice from City Attorney Tammi Bach.

Robin Marley filed the Nov. 18 lawsuit after she was fired as the city’s human resources director, saying her dismissal violated Florida’s Whistleblower’s Act and came only after she voiced concerns over problems in the fire department.

On Feb. 3 the commission unanimously approved a motion to have the city attorney coordinate an investigation of the department’s command structure, staffing and operational efficiency by an independent consultant or retired fire professional. Bach said the city’s labor counsel then suggested an investigation could reveal personnel issues that will be part of Marley’s lawsuit when it comes to trial in about a year.

“There is no attorney-client privilege, and that’s what I told the commission,” Bach said. “… Our outside counsel, and I agree with him, said it would affect the city’s defense of this whistleblower case. Some of the same witnesses would be included in the investigation, and when you are defending a lawsuit, an unknown is not…

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