Thank you for sharing!

Your article was successfully shared with the contacts you provided.
CIVIL RIGHTS Police settle suit by agreeing not to profile A class of hispanic motorists on Oct. 8 agreed to drop its lawsuit against officials of Rogers, Ark., in exchange for assurances that the city would halt its racial profiling. The class alleged that city police officers stopped, detained, searched and ordered Hispanic motorists to produce identification and immigration papers without probable cause. The class sued under 42 U.S.C. 1983 for the unlawful searches in violation of the Fourth Amendment and for denial of equal protection under the 14th Amendment. Lopez v. City of Rogers, Ark., No. 01-CV-5061 (W.D. Ark.). PLAINTIFFS’ ATTORNEYS: Joseph P. Berra, Mexican American Legal Defense and Educational Fund, San Antonio; W. Gary Kennan, Bentonville, Ark. DEFENSE ATTORNEYS: Benjamin Cary Lipscomb, Rogers, Ark.; Shane Perry, Arkansas Municipal League, North Little Rock, Ark. EMPLOYMENT EEOC, Phoenix Suns settle gender bias suit The EEOC secured $104,000 for three women who claimed that they were denied spots on an entertainment troupe for the Phoenix Suns, a National Basketball Association franchise, because of their gender. During the 1998-99 season, Kathryn Tomlinson worked as a performer for “Zoo Crew,” a group that uses a toy bazooka to shoot T-shirts into the crowd, among other activities. When Tomlinson applied to be a member of the troupe for the next season, she was denied. She complained to the Equal Employment Opportunity Commission, which later alleged that the Phoenix Suns and an Orlando, Fla.-based subcontractor, Sports Magic Team, adopted a new policy limiting spots to “males with athletic ability and talent.” Tomlinson will receive $98,000. Two other applicants will share $6,000. The term of the Oct. 9 consent decree with the Suns is three years. EEOC v. Phoenix Suns L.P., No. CIV 02-0963 PHX JAT (D. Ariz.). PLAINTIFF’S ATTORNEYS: Kathy Kruse and David Lopez, EEOC, Phoenix DEFENSE ATTORNEYS: Jill J. Chasson and Kandace B. Majoros, Brown & Bain, Phoenix; Dorothy F. Green, Ford & Harrison, Orlando Coca-Cola settles claim by fired whistleblower The Coca-Cola Co. on Oct. 7 agreed to pay $540,000 to a former finance manager who sued the company after he was allegedly fired for whistleblowing. Matthew Whitley alleged that Coke officials manipulated market tests performed in 2000 to inflate the popularity of Frozen Coke, a slushy beverage sold at Burger King restaurants. Whitley wrote a memo describing that alleged fraud and other instances in which company officials allegedly falsified revenue reports. Fired in March 2003, he sued for wrongful termination, accusing the company, President Steven Heyer and Chief Financial Officer Gary Fayrard of axing him for reporting the problems. Coke maintained that Whitley was released as part of a layoff that saw 1,000 others lose their jobs. Whitley v. The Coca-Cola Co., No. 03-CV-1504 (N.D. Ga.). PLAINTIFFS’ ATTORNEYS: Marc N. Garber, Alan H. Garber, The Garber Law Firm, Atlanta. DEFENSE ATTORNEYS: L. Joseph Loveland, Jeffrey S. Cashdan, Michael W. Johnston, Lovita T. Tandy, King & Spalding, Atlanta. INTERNATIONAL LAW Estate of Chilean death squad victim wins $4M The estate of a 28-year-old economic consultant to Chilean President Salvador Allende, who was kidnapped, tortured and killed by a death squad was awarded $4 million by a federal jury on Oct. 15. The estate of Winston Cabello sued Armando Fernandez Larios under the Alien Tort Claims Act of 1789, claiming that Larios was part of a “caravan of death” that tortured and killed Cabello and 12 others in the wake of the 1973 military coup in Chile. Larios, who now lives in the United States, admitted being part of the death squad, but denied killing or torturing Cabello. Estate of Cabello v. Larios, No. 99-0528 (S.D. Fla.). PLAINTIFF’S ATTORNEYS: Leo P. Cunningham, Wilson Sonsini Goodrich & Rosati, Palo Alto, Calif.; Robert Kerrigan, Kerrigan, Estess, Rankin & McLeod, Pensacola, Fla. DEFENSE ATTORNEY: Steven A. Davis, Boies, Schiller & Flexner, Miami MEDICAL MALPRACTICE Teen wins case against MD who delivered him A malpractice case brought 15 years after the birth of a boy who developed cerebral palsy ended in an Oct. 14 verdict of $3.3 million against the doctor who delivered him. Marcus Butler sued Dr. Adolph Harper, alleging that Harper tried to deliver him and his twin brother vaginally, unaware that Marcus was in a breech position. Butler claimed that after fetal distress was noted, about 20 minutes passed before Harper delivered Marcus by C-section, resulting in brain damage. Harper argued that he delivered the child as quickly as possible (in less than 10 minutes) after fetal distress was detected, and that he met the standard of care. Butler v. Harper, No. CV 03 02 0767 (Summit Co., Ohio, Ct. C.P.). PLAINTIFF’S ATTORNEY: James S. Casey, Elk & Elk, Cleveland DEFENSE ATTORNEY: Mark D. Frasure, Buckingham, Doolittle & Burroughs, Canton, Ohio PREMISES LIABILITY Family settles with city after son’s fatal plunge The family of a child who died two years after he fell into an orchestra pit in an Atlanta civic center settled with the city for $1,625,000 on Sept. 30. James Caldwell Jr., 8, was with his grandparents at the Boisfeuillet Jones Center. After the performance, they all went toward the stage to speak with a performer. While standing near the orchestra pit, Caldwell fell behind a drape that was concealing a 12- to 15-foot drop. The boy slipped into a coma and remained in that state until he died. His parents argued that the city had installed a chain-link safety fence after two children fell in the orchestra pit but that it was often left unattached, and that the city was aware of the problem but never fixed it. The promoter of the play and a security company previously settled with the plaintiffs for a combined $2 million, and the city’s primary security contractor settled for an undisclosed amount. Caldwell v. City of Atlanta, No. 2001-CV-39750 (Fulton Co., Ga., Super. Ct.). PLAINTIFFS’ ATTORNEYS: Richard W. Hendrix and Michael A. Sullivan, Finch McCranie, Atlanta DEFENSE ATTORNEY: Kendrick Smith, assistant city attorney, Atlanta TORTS Paramour found liable for breaking up marriage A man whose affair with another man’s wife led to her divorce after 22 years of marriage must pay $75,000 to the other man, a North Carolina jury found on Sept. 25. David Casner, 50, claimed that about four months before he and his wife, Martha, separated, she began having an affair with Charles Hoffmire, with whom she served on a church board. The Casners divorced in 2001. Claiming mental anguish, humiliation and injury to his physical health, David Casner sued Hoffmire for alienation of affection and adultery. Hoffmire maintained that he and Martha were just friends, and that he even urged her to stay with her husband. Casner v. Hoffmire, No. 01CVS2264 (Rowan Co., N.C., Super. Ct.). PLAINTIFF’S ATTORNEY: Robert L. Inge, Inge & Paris, Salisbury, N.C. DEFENSE ATTORNEYS: J. Frank Green, Thomasville, N.C.; Edward L. Lewis, Thomasville WRONGFUL DEATH Orange County resolves teen-drowning lawsuit Orange County, Calif., on Oct. 20 settled for $900,000 a wrongful death suit filed by the parents of an 18-year-old high school senior who drowned while swimming in a lake, allegedly in sight of an on-duty lifeguard. The teen, Victor Brown Jr., died while swimming with a cousin at Lake Mission Viejo. The two were trying to swim to a raft in the middle of the lake when Brown reportedly tired and drowned. They had allegedly entered the water near a tower where lifeguard Alberto Garcia was stationed. The parents sued the Lake Mission Viejo Association Inc. and Garcia, alleging negligence. The defense argued assumption of the risk. Johnson v. Lake Mission Viejo Ass’n, No. 02CC06188 (Orange Co., Calif., Super. Ct.). PLAINTIFFS’ ATTORNEYS: Jon M. Jackson, Jackson & Wilson, Laguna Hills, Calif.; Brad D. Porterfield, Law Offices of Brad D. Porterfield, Laguna Hills, Calif. DEFENSE ATTORNEY: Richard P. Dieffenbach, Law Offices of Marcus M. Baukol, Los Angeles.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.