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Thursday, July 1, 2010

Verdicts, Claims & Settlements! - Part II



«• July 1, 2010•»

New Lawsuit: July 1, 2010 - Bank of America's mortgage unit Countrywide is being sued in Illinois for discriminating against black and Latino borrowers. According to a report in Bloomberg, Illinois's attorney general, Lisa Madigan, has filed a suit alleging that Countrywide disproportionately steered minorities into risky subprime mortgages: "Countrywide's illegal discriminatory lending practices destroyed the wealth and dreams of thousands of African American and Latino homeowners," Madigan said in the statement. "Bank of America needs to be held accountable by taking financial responsibility for cleaning up the devastation of the predatory company that it chose to take over." Remember that back in 2006, Eliot Spitzer, when he was still New York's attorney general, sued Countrywide for similar practices. The mortgage lender settled, compensated minority borrowers and adopted measures to prevent discriminatory pricing.

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$269.2 million Jury Verdict!


July 8, 2010

(John Carpenter, left, an Internal Revenue Service employee from Hamden, Conn., sits across the console from Regis Philbin, host of "Who Wants To Be a Millionaire," Carpenter made history by being the first million dollar winner of the popular game show, in November 1999.) RIVERSIDE, Calif. (WLSB) — A federal jury has awarded the creators of "Who Wants to Be a Millionaire" $269.2 million in damages because they didn't get their fair share of profits from the popular Walt Disney Co. (DIS) game show. Wednesday's ruling in federal court in Riverside, Calif., was a victory for London-based Celador International. Celador attorneys blamed Hollywood accounting, arguing that a series of deals between several Disney companies made it appear the show was operating in the red. The British company asked for damages up to $395 million. Disney immediately issued a statement saying it plans to appeal.

$20 million settlement!


July 1, 2010



SACRAMENTO, Calif. – California lawmakers approved a $20 million settlement Thursday with the family of Jaycee Dugard (pictured above, left) who was kidnapped as a girl and held captive in a secret backyard for 18 years by a paroled sex offender. Dugard, 30, resurfaced last August with two daughters she bore with Phillip Garrido, a convicted rapist (pictured above, right). Dugard, her mother and daughters filed claims in February saying state officials with the Department of Corrections and Rehabilitation failed to do their jobs. Parole agents began supervising Garrido in 1999 but failed to discover Dugard. The Dugard family members claimed psychological, physical and emotional damages.

"I can't emphasize enough that we've got to be much more prudent in terms of how we provide oversight for released prisoners in the state of California," Assemblyman Ted Gaines, R-Granite Bay, said. Attorneys for the Dugards did not immediately respond to calls seeking comment. Garrido and his wife, Nancy (pictured left to right) have pleaded not guilty to charges that they kidnapped and raped the young woman. Dugard and her children were hidden at the Garrido home in the eastern San Francisco Bay area city of Antioch, authorities said.

"Jaycee and her children, now 13 and 16, are now living in seclusion and will need many years of therapy, education and health care," said Assemblyman Felipe Fuentes, D-Sylmar.

Lawmakers approved the settlement with a 30-1 vote in the Senate and a 62-0 vote in the Assembly. The money for the Dugards will come from the state's hard-hit general fund, which pays for most state operations. It comes while the state faces a $19 billion deficit as it enters the new fiscal year without a budget. The settlement made up the bulk of the money approved in AB1714, which settles three other claims for a combined $1.49 million.

Assemblyman Jim Nielsen, R-Yuba City, said it was wise for the state to pay the claim quickly rather than fight a court battle that he said "exacerbates the grievous loss of the victims and the lifelong condemnation and pain of their families." He predicted the state also will pay claims as well in the case of John Albert Gardner III, who pleaded guilty to killing two San Diego County teenagers. Parole agents were also faulted in that case for failing to send Gardner, a convicted sex offender, back to prison.

I-Phone 4 Sued for bad Job!


July 1, 2010

THE SELLER OF SHINY TOYS that it apparently rushes to market without testing them too much, Apple is being sued by a couple of people who aren't happy about the Iphone 4 antenna problem. Already part of Apple infamy, the Iphone 4 has an antenna that can be blocked should the user decide to hold the thing to make a call, especially with their left hand. Although Steve jobs thinks the problem can be solved by holding the Iphone another way, perhaps with two fingers, this is not really good enough. Reacting to this, two disgruntled US Iphone 4 customers are suing Apple.

Gizomodo has the court dockets and a glance at them tells us that Kevin McCaffrey and Linda Wrinn will argue that the devices are defective and drop calls when "held in a manner consistent with normal wireless phone use." The pair of them can't have been shy of offers from lawyers keen to flex their muscles, get in the papers, and buy a holiday home, and in this instance, the attorneys have decided to throw everything at Apple. So, Apple is being sued for being negligent, colluding with AT&T to mislead people, fraud by concealment, design defects and failing to honour its warranty.

There is plenty of information for the courts to go on and the papers include all the juicy information that's been filling blogs for days. Kicking off with Jobs' advice on how to use your hands, it also includes evidence of similar tips given out by Apple helpdesk staffers and Apple's decision not to fix the problem under warranty. Apple sold 1.7 million Iphone 4s in just three days, but it has not released any information on how many people have tried to return them.

Lucas Loses!


June 30, 2010


SAN RAFAEL, CA -- A Marin County jury awarded $113,800 in damages against filmmaker George Lucas' company Wednesday for withdrawing a job offer from a San Francisco woman after she disclosed that she was pregnant. Lucasfilm Ltd. denied discriminating against Julie Veronese, and said it revoked its offer of a 30-day job in 2008 as a manager at Lucas' San Anselmo estate for reasons unrelated to her pregnancy. But the Superior Court jury, after 2 1/2 days of deliberations in Veronese's lawsuit, found that Lucafilm had discriminated against her because she was pregnant. Jurors also agreed with Veronese that she had been assured of an ongoing position after a 30-day tryout. The panel awarded her $93,800 for lost wages and $20,000 for emotional distress. It rejected a request for punitive damages. Veronese's lawyer, who is also her mother-in-law, said she would seek as much as $1.2 million in attorneys' fees from Lucasfilm. "This verdict is David smacking Goliath with the biggest rock you can find," Alioto said. "Women who are pregnant are so discriminated against, and nobody talks about it." Veronese, 37, said she was happy about the verdict but would have preferred to keep the job. "I thought I had found a place where I fit in," she said. "The minute I told them I was pregnant, I just watched it crumble."

Lucasfilm said it would appeal. "Lucasfilm is a family-friendly company committed to equal employment opportunity with a long track record of providing a supportive work environment free of discrimination," the company said in a statement.

Veronese applied to become an assistant manager at Lucas' personal headquarters in April 2008. She signed a contract for a temporary 30-day position two months later but said she was told it was a probationary period for a permanent $75,000-a-year job. Two days later, and three days before she was to start work, Veronese told her prospective supervisor, Sarita Patel, that she was pregnant. She said Patel had put the job on hold and had repeatedly delayed her starting date until she complained by e-mail in August that she was being mistreated because of her pregnancy. Lucasfilm withdrew the job offer the next day.

Jurors were shown an e-mail that Lucas' executive assistant sent to Patel, the day the company learned Veronese was pregnant, expressing concern about whether she would be able to do the job while pregnant. But defense witnesses said Patel, who had hired other pregnant women, had decided to revoke the offer to Veronese after her accusatory e-mail in August showed her to be self-centered, disrespectful and dishonest.

Lucasfilms' attorney also told jurors that Veronese had lied under oath about the date she learned of her pregnancy, which was nearly a month before she disclosed it to Patel. Alioto countered that Veronese had no legal obligation to tell the company she was pregnant. Lucas testified June 17 that he had not been involved in the decision to hire Veronese or withdraw her job offer.

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