Georgia Karate Schools Sued for Sexual Abuse

Following on the heels of a 2015 conviction for sexual child abuse, the survivor and her family are now suing the owners and staff of Pak's Karate school where the sexual abuse took place.

Thomas Ary, the Pak's instructor found guilty of sexually assaulting a female student while at a Pak's summer camp, is serving 19 years in jail for the offense. Ary is named in the suit as well as Song Ki Pak, "grandmaster" of Pak's Karate, and Craig Peeples, former Pak's Karate CEO, master black belt, and instructor. The negligence suit says claims the karate facilities "failed to implement even the most basic institutional safeguards" to protect students, which created an opportunity for sexual abuse to occur.

Pak's Karate Allegedly Didn't Even Background Check Instructors

A place such as Pak's, offering lessons to children, is considered an invitee under the law. As such, owners and operators of the store are required to provide a certain duty of care to its students, including a safe sport environment. According to plaintiffs, the defendants didn't provide this. They did not conduct background checks, nor have any employee training or formal policies in place regarding appropriate instructor-student interaction and behavior.

The suit also claims that not only were there no policies in place to safeguard against sexual abuse, but that the environment actually created an opportunity for it, with only one instructor in charge of over 45 students.

Former CEO Accused of Multiple Acts of Sexual Child Abuse

Around the same time of Ary's conviction, Peeples was being accused of sexually abusing seven former male students that were teens at the time of the abuse, almost 20 years prior. That suit accused Peeples of committing hundreds of acts of "ongoing and pervasive sexual abuse" against the students when they traveled and trained under Peeples. Though Peeples claimed his innocence, just one year prior, the local district attorney had felt there was enough evidence to investigate the accusations, including witnesses attesting to "multiple acts of sodomy, aggravated sodomy, aggravated child molestation, and sexual battery against multiple victims." Ultimately, no charges were brought because the statute of limitations had expired. It's possible such evidence could be used to establish negligence by Peeples.

If you or someone you love has been sexually abused and you are interested in filing a civil lawsuit to compensate for pain and suffering, contact a local sexual abuse attorney to discuss your case.

Related Resources:

• Find a Sexual Abuse Attorney Near You (FindLaw's Lawyer Directory)
• USC Settles Claims Against School's Gynecologist for $215 Million (FindLaw Injured)
• Harvard Diving Coach Resigns Amidst Class Action Sexual Misconduct Lawsuit (FindLaw Tarnished Twenty

from Injured http://blogs.findlaw.com/injured/2019/01/georgia-karate-schools-sued-for-sexual-abuse.html

Who Do You Sue When Served a Heroin-Laced Coca-Cola?

It can happen to anyone, but in this case, it happened to Trevor Walker. Somehow, synthetic heroin was slipped into his Diet Coke at a McDonald's drive-thru. No one knows exactly how the drug got into the drink, but tests taken at the hospital prove that Suboxone, a heroin-substitute, was found in Walker's urine as well as his McDonald's Diet Coke, but not in the Diet Coke served to his wife.

Walker has sued the McDonald's franchise owner, McDonald's Corporation, and Coca-Cola for strict product liability. Coca-Cola has petitioned the court to be dismissed from the litigation, claiming there's no evidence that the drug came from Coca-Cola. Is the plaintiff just looking for deep pockets? Or was this the right thing to do?

Coca-Cola Claims Plaintiff is Just Looking for Money

As it turns out, other than the drink being a Diet Coke, Coca-Cola is not listed anywhere else in the complaint filed with the court. It seems pretty reasonable for Coca-Cola to want to be dismissed from the suit. As Lisa Marcy, the Coca-Cola attorney, so blatantly put it, "Let's just come out and say it," she told the judge. "They don't have the employee in here because he's not a deep pocket. And the Coca-Cola company and the fast food restaurant are." But is this enough reason not to be named as a defendant? The judge in the case is not convinced, and neither is the plaintiff's attorney, Brady Brammer.

Product Liability Procedure Corals Everyone It, Then Dismisses One by One

Under product liability law, everyone that touches the questioned product in the vertical chain of distribution should be named in the lawsuit, and subsequently eliminated, as the facts in the case unfold. Usually this consists of one or more manufacturers, distributors, wholesalers, retailers, and servers. Sometimes, one of the hardest parts of the case is finding these entities, since there can be multiple ones at each level of distribution. In Walker's case, he has decided to narrow it to just the three named defendants. And as Brammer puts it, "until we know and have more facts, where we can really dig in and get them ourselves as opposed to relying secondarily on police reports, we really can't foreclose one option or another on a strict product liability claim."

If you or someone you love has suffered damages due to a defective product, contact a local products liability attorney. A legal specialist can best advise you on how best to go about recovering for your damages, often at low or no cost to you. If you have questions about your situation, contact one to see if you may have a claim, and exactly who may be at fault.

Related Resources:

• Find a Products Liability Lawyers Near You (FindLaw's Lawyer Directory)
• McDonald's and Ikea Recalled the Most Products for Danger to Kids (FindLaw Common Law)
• Defective Products: What's My Case Worth? (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/12/who-do-you-sue-when-served-a-heroin-laced-coca-cola.html

Asylum-Seeking Kids Win Class Action in Health Care Lawsuit

The mental health of migrant children trumps the federal government shutdown, hands-down, according to a Los Angeles federal court judge. U.S. District Judge Dolly Gee certified the class of detained asylum-seeking migrant children requesting mental health aid, and firmly dismissed the government's request to delay the suit until after the federal shutdown has ended.

Noting that the judge can issue a court order forcing federal attorneys to work on this case, despite the shutdown, Gee proclaimed, "the prosecution of this action should not be further delayed because it concerns the health and welfare of minors in the custody of the Office of Refugee Resettlement." The judge then required the administration to respond to the children's claims by Jan. 9 and to discovery requests by Feb. 22.

Judge Issued Four Part Ruling

In Gee's ruling, four orders were given. First, the federal government's request for a continuance was denied. Second, the judge certified a class that currently contains five children with either mental disabilities, given psychotropic drugs without consent, detained for more than 30 days without notice, or blocked from being released to guardians. However, the class size is expected to reach into the hundreds. Third, the judge modified the class definition from the Americans with Disabilities Act to the Rehabilitation Act; the Rehabilitation Act requires class members to actually be denied service, whereas the ADA only requires that they could be denied service.

Lastly, the judge denied the plaintiff's request for immediate discovery, claiming that they hadn't proven why it needs to start immediately, as opposed to the current schedule set. Judge Gee also stated that plaintiffs hadn't clearly defined the scope of discovery.

Underlying Case Highlights Due Process Violations of Migrant Children and Their Mental Health

At issue in this case is the alleged constitutional due process violation of hundreds of migrant children that have been separated from their families while crossing the southern U.S. border, seeking asylum. Many of these children's mental health have suffered while in detention with the U.S. Office of Refugee Resettlement, but instead of providing mental health care, many are just handed psychotropic drugs or left to linger.

According to recent court rulings, all children must be reunited with their families within 30 days, however facilities are now claiming that these children can't be released until they are mentally sound, or the family homes to which they are being released are capable of handling a child with mental health issues. Instead of 30 days to reunify, some of these plaintiffs have been separated over a year, with no end in sight because they are not being given mental health care.

If you know of a child that is suffering mental health issues due to refugee detainment, contact an immigration attorney. The child may be able to join this class action, potentially at no cost.

Related Resources:

• Find an Immigration Attorney Near You (FindLaw's Lawyer Directory)
• Supreme Court Vacates Ruling Allowing Immigrant Teen to Obtain Abortion (FindLaw Decided)
• Toddlers and Young Immigrant Children Still Alienated From Their "Ineligible" Parents (FindLaw Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2018/12/asylum-seeking-kids-win-class-action-in-health-care-lawsuit.html

Judge Orders North Korea to Pay $501M for American Student's Death

The parents and estate of Otto Warmbier won a $501 million judgment against the North Korea government for wrongful death. Though questions remain about the legitimacy and collectability of this judgment, one thing is certain: no amount of money can undo Otto's fate and ultimate death.

American Arrested for Taking Political Propaganda Poster

Otto Warmbier was arrested Jan. 2, 2016 for allegedly taking a political propaganda poster from his hotel. After being found guilty of "hostile acts against the state," he was sentenced to 15 years in prison with hard labor. A year and a half later, Warmbier was released to the United States in a coma.

North Korean authorities claimed Warmbier had contacted botulism, but after discovering his teeth had been reconfigured, and a recently received long scar on his foot, his parents investigated further, and eventually filed a wrongful death suit against the North Korean government.

Warmbier Left the U.S. With "Big Dreams," but Returned Brain Dead

Chief U.S. District Judge Beryl Howell deliberated less than a week after hearing hours of emotional testimony from Warmbier's family about the pain they suffered during his 18 month detention in North Korea, his subsequent return home in a coma, and the information they learned about his torture and time as a hostage. According to Howell, "Before Otto traveled with a tour group on a five-day trip to North Korea, he was a healthy, athletic student of economics and business in his junior year at the University of Virginia, with 'big dreams' and both the smarts and people skills to make him his high school class salutatorian, homecoming king, and prom king," Judge Howell wrote in his opinion. "He was blind, deaf and brain dead when North Korea turned him over to U.S. government officials for his final trip home."

Judge Mindful of Foreign Sovereign Immunities Act

Judge Howell faced many obstacles in this unique hearing. First, given the reclusive state of North Korea, the judge was limited to hearing arguments and evidence only from the plaintiff's side, for which the judge had to be wary. Also, the Foreign Sovereign Immunities Act permits U.S. citizens to sue foreign countries only under certain circumstances, and Howell needed to be careful in his written opinion to meticulously explain how each and every legal requirement had been satisfied by the plaintiffs.

What can't be explained, however, is exactly how Otto was tortured to be placed in such a vegetative state. It is also unclear how the Warmbier's will enforce Judge Howell's judgment against North Korea.

Related Resources:

• Can You Sue Government Officials? (FindLaw Law and Daily Life)
• Can a Government Entity Force Me to Waive Injury Claims (FindLaw Injured)
• 5 Hardest Countries for Americans to Get a Visa (FindLaw Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2018/12/judge-orders-north-korea-to-pay-501m-for-american-students-death.html

San Francisco Sues Pharma for Opioid Epidemic

The City and County of San Francisco has joined the host of other cities around the country suing big pharma for the opioid epidemic in federal court. Years ago, opioids would only be prescribed for severe post-surgery or end-of-life pain relief. But a major change in medical education by opioid manufacturers lowered that bar considerably a decade ago. And now, according to San Francisco City Attorney Dennis Herrera, local citizens are dying by the thousands.

San Francisco Sues Big Pharma Big Time

San Francisco and numerous other governmental entities have filed suit against opioid manufacturers and wholesalers, blaming them for America's opioid crisis. According to plaintiffs in all of these cases, these parties deliberately misled doctors and the general public about the dangers and high addiction rate of powerful painkillers to relieve chronic pain in order to sell more pills and increase corporate profits. Specifically, in his suit against Purdue Pharma, Janssen Pharmaceuticals, Endo Pharmaceuticals, Cephalon, Insys Therapeutics, Mallinckrodt Pharmaceuticals, and Actavis, Herrera and his team allege:

• Public nuisance of behalf of the State of California
• Public nuisance on behalf of the city and county of San Francisco
• Violations of California's Unfair Competition law
• Violation of False Advertising
• Violation of Racketeer Influenced and Corrupt Organization (RICO) Act
• Negligence
• Negligent misrepresentation
• Fraudulent concealment

Rise in Opioid Prescriptions Tied to Increase in Street Drug Overdoses

In San Francisco, over 318,000 opioid prescriptions were written last year, which translates to about one in every three San Francisco residents. It is believed that when addicts lose access to prescriptive opioids, they turn to street drugs like heroin and fentanyl.

According to city officials, the use of injection drugs, like heroin, have risen by around 275 percent between 2005 and 2016. Of the over 72,000 drug-related deaths in the U.S. last year, nearly 30,000 were attributed to the drug fentanyl and other synthetic opioids. Though the rise in overdose deaths primarily involve illegal opioids, medical and legal experts firmly believe that the current opioid crisis is connected to the rise of legally prescribed medications. And for this, many want big pharma to pay. Indeed, over a thousand such suits have been filed by governmental entities and individuals alike. And undoubtedly, many more are yet to come.

Related Resources:

• Walgreens, CVS Sued for Opioid Sales in Florida (FindLaw Injured)
• Can You Sue a Drug Company for Opioid Addiction? (FindLaw Injured)
• Hundreds Charged With Aiding Opioid Crisis (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2018/12/san-francisco-sues-pharma-for-opioid-epidemic.html

When Can You Sue If You're Detained at the Airport?

Travelers in recent years have learned, perhaps the hard way, that Customers and Border Patrol (CBP) agents can detain you at the airport for refusing to allow them to search your cell phone. Under the Border Doctrine, a search warrant generally required under the Fourth Amendment is not necessary to conduct a reasonable search at the airport.

In recent years, this doctrine has been applied to both immigration and emigration, to U.S. and foreign citizens alike. But many believe these searches are getting out of hand. When can you sue over these cell phone searches?

Which Suits Prevail Against the Border Doctrine?

As attorneys like to say, you can sue the pope for rape, but you might not win. People can generally file any suit they want, but which of these suits will prevail? Usually the ones that violate the "general reasonableness" requirement will not be dismissed. It is generally reasonable to take a laptop or cell phone from travelers for up to five days to review them.

However, the search is limited to what's on that actual device; border doctrine searches are not allowed to access a traveler's digital cloud data. Also with regards to reasonableness, and according to agency directives, if a CBP officer wants to search a device by attaching separate computer equipment to it, there must be a reasonable suspicion or a national security interest. This, however, does not include mere manual searches by agents.

Checking U.S. Citizen Devices When Leaving the U.S.

Recently, Haisam Elsharkawi, a California man, was departing out of Los Angeles International Airport for a trip to Saudi Arabia to go on a hajj, which is a Muslim pilgrimage. While in a boarding line for Turkish Airlines, a CBP officer pulled him out of line and questioned him about how much cash he was carrying. Questioning became intense, especially after officers asked Elsharkawi to unlock his phone, which he initially refused to do. Elsharkawi asked if he could have an attorney present, but his request was denied, and possiblytaken as a sign of guilt.

After about four hours of questioning, Elsharkawi finally acquiesced and let agents search his phone. Elsharkawi has now filed a lawsuit against the federal government for what he claims was an unconstitutional search of his phone. What's interesting about Elsharkawi's suit is that he was an outbound traveler, which is a vary rare occurrence; most other documented searches are of incoming travelers. Time will tell if Elsharkawi prevails.

If you feel that your constitutional rights have been violated by CBP officers, contact a local civil rights attorney. Though the border patrol does have wide discretion in maintaining national security, it is not all powerful. There are constitutional limits to border searches of electronic devices. A lawyer can advise you of your rights and can help you understand the next steps to take to protect your privacy.

Related Resources:

• Find a Civil Rights Attorney Near You (FindLaw's Lawyer Directory)
• Could You Be Tricked Into Unlocking Your iPhone With Your Face? (FindLaw Law and Daily Life)
• Warrantless Cell Phone Searches at U.S. Border OK in Florida Case (FindLaw Decided)

from Injured http://blogs.findlaw.com/injured/2018/12/when-can-you-sue-if-youre-detained-at-the-airport.html

Biggest Injury Lawsuits of 2018

Accidents happen. But some accidents can be avoided, and if someone doesn't take the right steps to avoid an accident, they can be liable for the injuries that occur. Those injuries can be serious or widespread, and if it's a large company or corporation that failed to protect customers or the general public, the lawsuits regarding injury liability can be huge.

The past year was no exception and there were some serious injury lawsuits filed, along with some big verdicts, in 2018. Here's a roundup of the biggest injury lawsuits this year:

1. Victims of California Wildfire Sue Utility Company

The past two years have seen catastrophic wildfires across California, not all of which were mere acts of nature. And those responsible for causing the sparks that lit the state aflame are being called to account. One such lawsuit is targeting Pacific Gas and Electric, claiming the deadly Camp Fire was the "direct and legal result of the negligence, carelessness, recklessness, and/or unlawfulness" of the company.

2. Mother Sues for $60M After Child Died in ICE Custody

Immigration has also been at the forefront of the news this past year, and the Trump administration's enhanced immigration enforcement has come with some deadly costs. Proving government liability in detention and custody injuries and deaths, however, can be tricky.

3. Arizona Class Action Targets Tijuana Weight Loss Doctor, American 'Weight Coyote'

Speaking of immigration, some Americans are crossing the border in the other direction, looking for cheaper weight-loss surgeries. But the results are not what they expected.

4. Walgreens, CVS Sued for Opioid Sales in Florida

The opioid epidemic has been damaging to communities nationwide, but who's to blame? Doctors for over-prescribing painkillers? Addicts who sometimes forge prescriptions or overconsume the drugs? Or drug stores who fail to implement controls on illegal sales?

5. Massachusetts Man Awarded $8.25M for Injuries From Falling Asphalt Melter

Brian Goodrich of Oxford, Massachusetts sustained permanent disfigurement to his face and skull, permanent blindness in one eye, and loss of "even remedial cognitive function" after an asphalt melter fell on his head. In turns out the makers of the melter didn't include adequate warnings, and were legally liable for some of his injuries.

6. Class Action Lawsuit: E-Scooters Are a 'Public Nuisance'

This was also the year of the e-scooters. Thousands of electric scooters began appearing on city streets, generally wreaking havoc on pedestrians and drivers alike. With municipalities scrambling to keep up with e-scooter regulations, some turned to class action lawsuits to curb the e-scooter scourge.

7. Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

If you're still doing some last-minute shopping, stay safe out there. And if you do get injured, contact a local attorney.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Chicago Woman Sues Restaurant for 'Piping Hot' Lasagna (FindLaw's Injured)
• Couple Sues Costco for $4M in Racial Profiling Case (FindLaw's Injured)
• When to Sue for Defamation of Character (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/12/biggest-injury-lawsuits-of-2018.html