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  June 15, 2021

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Litigation-Driven Science; Pulling Back the Curtain
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TBI—Neuropsychology, Exaggeration and How to Combat Negative Test Results
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The Fast & The Furious – Speed is only ONE Factor
Class Action

 
Six Flags to Pay $36M to Settle Class Action Fingerprint Scan Entry Case
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Six Flags Great America will pay $36 million to settle a class action lawsuit over its use of finger-scan entry gates at its amusement parks. The lead plaintiff in the case filed suit on behalf of her son, who gave his fingerprint to gain entry to a park without first giving consent. The complaint filed in Lake County, Illinois alleged a violation of the state's Biometric Privacy Act, which established a person's individual right to sue over biometric privacy rights. Six Flags did not admit to any fault or liability as part of the settlement.
Sarah Mansur, Rockford Register Star 06/15/2021   Facebook iconTwitter iconLinkedIn Icon
Read Article: Rockford Register Star    

Artists File Class Claims Against the NYPD Over Destruction of Graffiti
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On June 1, 2020, class claims were filed in federal court in the Eastern District of New York by a group of artists who alleged that the New York City Police Department ("NYPD") and the City of New York violated the Visual Artists Rights Act by its willful destruction of a work of visual art during its ongoing campaign to clean up graffiti.
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 06/15/2021   Facebook iconTwitter iconLinkedIn Icon
Read Article: Counsel Financial    


Laws/Cases

 
City of Salem Says Protester's Injuries Were Her Own Fault
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The city of Salem, Oregon, has argued that a protester is to blame for injuries she sustained during a protest last summer. The woman filed suit against the city last year after she was injured by an officer who shot her in the eye and chest. An amended lawsuit filed in May alleges that the officer intentionally shot rubber projectiles at Black protesters using deadly force. According to the city's recent court filings, the plaintiff's injuries were caused by her own negligent conduct "by failing to disperse the area when the protests were no longer peaceful."
Saphara Harrell, The Oregonian 06/15/2021   Facebook iconTwitter iconLinkedIn Icon
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Texas Family Challenges Ren Fest Organizers After Daughter's Assault
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The family of a teen who was sexually assaulted by a coworker at the Scarborough Renaissance Festival in Waxahachie is challenging the event's organizers and state law. The 14-year-old girl was sexually assaulted by her 28-year-old coworker in 2018. Following the incident, the man pleaded guilty to two counts of sexual assault of a child. According to the lawsuit filed by the girl's family, the fair organizers were negligent in hiring the man, failed to "supervise employees," and did not "provide security."
Ginger Allen, CBS DFW 06/14/2021   Facebook iconTwitter iconLinkedIn Icon
Read Article: CBS DFW    


Wrongful Death

 
Austin Hospital Accused of Denying Treatment to Man Who Died
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A multi-count wrongful death lawsuit has been filed against St. David's South Austin Medical Center (SDMC) and two of its physicians over the death of a patient. The lawsuit filed in the United States District Court for the Western District of Texas alleges the defendants deprived all life-sustaining treatment to a 46-year-old Black man who died. The patient, who suffered from multiple disabilities, was denied treatment including artificial nutrition and hydration for six days, according to the complaint.
Staff Report, PR Newswire 06/14/2021   Facebook iconTwitter iconLinkedIn Icon
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Lawsuit: Kansas City Police Recklessly Shot Hostage 17 Times
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A lawsuit alleges Kansas City police shot a man being used as a "human shield" during a hostage situation, resulting in the man's death. The lawsuit was filed in federal court on Friday and seeks compensation for the death of the 34-year-old man. According to the lawsuit filed by his mother, officers recklessly fired at least 17 bullets into him as he was being held by another man armed with a gun. Named as defendants in the lawsuit are the Kansas City Board of Police Commissioners, two officers, and others.
Bill Lukitsch, Kansas City Star 06/14/2021   Facebook iconTwitter iconLinkedIn Icon
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NYPD Still Facing Lawsuit Over Sergeant's Suicide Death
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The New York Police Department is facing a lawsuit alleging it did not do enough to help a police sergeant who died by suicide. The 30-year-old man hanged himself a few months after he was diagnosed with bipolar disorder. According to the lawsuit filed by his estate, the NYPD was negligent and contributed to the man's death by taking away his gun and shield and enforcing other restrictions following the diagnosis. The previously dismissed lawsuit was recent upheld by an appeals court.
Rocco Parascandola, New York Daily News 06/14/2021   Facebook iconTwitter iconLinkedIn Icon
Read Article: New York Daily News    



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