California Injury Blog

The Supreme Court faces yet another assault on state consumer protection efforts. This time, states are trying to protect the rights of consumers to organize class action lawsuits in order to fight unruly corporations with unfair practices. These corporations have tried to thwart consumer protection efforts by requiring that customers sign away their rights to access the courts and prohibit them from using class actions to vindicate their rights.

A class action lawsuit allows a group to file a claim collectively against a defendant. Often, the defendant has treated the group of individuals in the same way, for example, by using the same business practices. Class actions are most valuable where the individual claims of the group members are small, such that filing a claim individually is too costly. By pooling their claims, consumers can increase the value of their case, making it easier to finance and secure representation.

Continue reading "Effective Class Action Ban May Devastate Consumer Protection" »

Consumers could be seriously affected by a case currently before the Supreme Court assessing the legality of adhesion contracts requiring mandatory arbitration. These forceful provisions have found their way into all kinds of consumer and employment contracts and have very serious impacts for the rights of the parties. The result is that consumers and employees can sign away their rights without ever even knowing it, and when disputes arise, they find themselves locked out of the courthouse.

Mandatory arbitration is the requirement that a party proceed to arbitration instead of the civil court system when a dispute arises as between the parties to a contract. Once a contract is signed, your right to access a judge in a state or federal courthouse is gone. Arbitration is the only option. Arbitration is a procedure wherein a neutral arbiter is chosen, usually a practicing lawyer, to hear the case and decide the dispute. After arbitration, one can file a civil suit, but there are only very narrow circumstances under which a court will review the judgment of the arbitrator.

Continue reading "Mandatory Arbitration and the Rewriting of Consumer Rights" »

A worker suffered serious injury in california after his arm was crushed in a Cerritos on-the-job accident, leaving him trapped for more than 50 minutes as firefighters tried to free him. According to a news report in the Los Angeles Daily News, the accident occurred the night of October 21, 2009 at Apperson Print Resources. Firefighters had to use hydraulic tools to free the man's arm. He was described as a "critical trauma patient" and transported to a local hospital for treatment of his injuries.

Continue reading "Los Angeles Worker's Hand Crushed In Printing Press Accident" »

Jury Awards $1.2 Million to Newport Beach Cop in Employee Rights Case

An Orange County jury recently awarded $1.2 million to a Newport Beach police officer because he endured on the job discrimination based on rumors and gossip that he was gay. According to an article in The Orange County Register, Sgt. Neil Harvey, a 27-year veteran of the department, also faced retaliation for flagging misconduct among his fellow officers and was passed up for promotions because of rumors about his sexual orientation.

Jurors have spoken out in no uncertain terms that they believe the Newport Beach Police Department has serious issues when it comes to treating their employees fairly. What do Harvey's superiors have to say? They claim that his lack of progress in the department was his own fault – that he alienated his colleagues with his "hypercritical" style. Harvey's resume includes advanced college education and a top award for bravery. A disturbing image of the Newport Beach Police Department has emerged as Harvey's civil case against his own department progressed.

Apparently, Harvey endured constant gossip about him being a "fag" and comparisons to Lt. Dangle, a short-shorts-wearing gay officer on Comedy Central's "Reno 911." Jurors awarded Harvey $1.2 million for economic damages and enduring mistreatment.

Continue reading "Newport Beach Employee Rights Case" »