Breaking Legal News

Daniel C. Price, of La Mesa, California, was diagnosed as having contracted the West Nile Virus from a mosquito bite while employed by marine construction contractor Connolly-Pacific. Although Price worked on board the derrick barge “D.B. Long Beach” five days per week, he was not required to live aboard the vessel. Instead, Price was given special permission to park a camper truck in a Connolly-Pacific parking lot near the job site.

After contracting the virus, Price was unable to return to work and his employment was subsequently terminated. Citing maritime law provisions requiring vessel owners to provide “maintenance and cure” to injured or ill seamen in their employ, Price filed suit against Connolly-Pacific for compensation for his food, lodging, and medical care.

Although Connolly-Pacific conceded that it was likely that Price contracted the virus during the period he was employed by the company, the California Court Of Appeal, Second Appellate District affirmed that because Price was not obligated to remain on company property after his working hours, he was not covered under the “maintenance and cure” provision, which was intended to cover “blue water” seamen who are required to live aboard a vessel during the entire period of their employment.

Hide Full Article

The 36-year-old Mutlu says on February 23 of this year, he had a standby ticket for a JetBlue cross-country flight from San Diego to John F. Kennedy International Airport in New York City. After Mutlu was told the flight was full, an off-duty flight attendant volunteered to give up her seat and ride in a flight attendant’s jumpseat so that Mutlu could get on board.

90 minutes into the flight, Mutlu says he was summoned to the cockpit where the pilot told him the off-duty flight attendant was uncomfortable in the jumpseat, so Mutlu would have to instead move to the bathroom. According to a lawsuit filed by Mutlu against JetBlue on Monday over the incident, though Mutlu offered to switch and sit in the jumpseat, he was told it was for authorized personnel only and that the bathroom was his only choice.

Mutlu’s suit seeks $2 million for emotional damages suffered in the incident.

Federal Aviation Administration officials stated that the incident is under investigation, noting that all passengers must have seat belts available for use in case of turbulence.

JetBlue has made no public response to Mutlu’s allegations, saying that the airline does not discuss pending litigation.

Hide Full Article

The 500,000 coins recovered in international waters by Odyssey have been in contention ever since the company announced the haul it codenamed “Black Swan” in May 2007. Odyssey refused to release information relating to the exact location of the shipwreck until ordered by a U.S. judge last month to share information about the find with Spanish investigators.

Last week, Spanish archaeologists announced that gold doubloons among the “Black Swan” treasure were documented as having been aboard the Spanish colonial-era galleon Nuestra Señora de las Mercedes when it was sunk in 1804 off the southern coast of Portugal.

Odyssey had previously claimed that the Spanish government had abandoned the wreck, clearing the way for the company to take possession under international maritime law. However, Spanish officials now say that because the coins were not being transported aboard a commercial vessel, they remain the property of the Spanish Armada. In court papers demanding the treasure’s return, Spanish officials also identified the sinking of the Mercedes as a pivotal point in Spanish history and the coins as part of Spanish historical heritage.

Odyssey spokesmen responded that they do not believe sufficient evidence exists to link the “Black Swan” site to the Mercedes.

Hide Full Article

Three people died in the crash, including pilot Steve Lipperer, 39; surgeon Darren Bean, 37; and nurse Mark Coyne, 53; all of Madison, Wisconsin. There were no survivors. Witnesses said the helicopter apparently struck a hill or trees shortly after lifting off from the La Crosse airport, where the copter had stopped to refuel before its return flight to Madison. Federal Aviation Administration and National Transportation Safety Board investigations into the crash are currently underway.

The American Eurocopter EC-13 twin-engine helicopter owned by Denver-based Air Methods Corp. and leased to University of Wisconsin Hospitals and Clinics in Madison for its Med Flight program featured satellite tracking, but was not equipped with pilot night vision goggles or a Terrain Awareness and Warning System to warn of approaching obstacles. While there are no known reported mechanical problems with this particular model of aircraft, the NTSB suggested in a 2006 report that many deadly EMS flights could be prevented with use of night vision goggles and a computerized warning system. Though neither technology is required, an Air Methods spokesman stated that about 40 percent of its 348 helicopters have night vision goggles and 6 percent have Terrain Awareness and Warning Systems.

Hide Full Article

The 1985 John Deere 750b bulldozer traveled over 250 yards without control, pushing construction debris about until coming to rest at the base of a large tree. No other injures were reported.

64-year-old James C. Eastman died around 10 a.m. EDT as a result of injuries suffered in the incident. Eastman had been working as a subcontractor, moving loads of fill and helping to construct a new road at the Hanson Quarry on State Route 3 in the town of Pamelia, north of Watertown.

Emergency personnel were summoned to the scene of the accident around mid-morning. New York State Police were assisted at the accident scene by personnel from Guilfoyle Ambulance, the City of Watertown Fire Department, and North Pole Fire Department. A State Police spokesman said an investigation into the incident is ongoing and that an autopsy is scheduled for Tuesday in the Jefferson County Medical Examiner’s Office.

Hide Full Article

Deputy Assistant Secretary of State for Transportation Affairs John Byerly stated that according to the terms of a US proposal he plans to present at international aviation deregulation meetings in Slovenia on Thursday, more than 60 countries should be included on a list of nations promising not to bar service by an airline based on ownership nationality.

Current worldwide aviation rules, based on a global treaty ratified in 1944, stipulate that an airline from a particular country must be owned and controlled by citizens of that country. These restrictions have previously hampered several proposed international airline takeovers, including a deal for Russian-based OAO Aeroflot to acquire Italy’s Alitalia SpA.

The U.S. proposal would not affect ownership limits placed by countries upon their own airlines. U.S. law currently limits foreign ownership of American air carriers to 25%, while the European Union limits non-EU airline ownership to 49%.

EU negotiators are expected to propose an easement of US restrictions on foreign ownership in Slovenia on Thursday. Byerly indicated that he would be open to the European proposal, but conceded that it will likely be difficult to convince US lawmakers to support the idea.

Hide Full Article

Louis Coletti of the Building Trades Employers’ Association claimed that while safety is the industry’s top priority, building inspectors are shutting down projects unnecessarily over minor violations, including paperwork technicalities, in fear of losing their jobs. Former New York City Department of Buildings Commissioner Patricia Lancaster resigned last month under a cloud of controversy following a number of public embarrassments for the Department, including a deadly March 15 crane collapse which killed seven.

As a result, stop-work orders on construction sites rose from 785 issued in January to over 1,400 in April. Acting Buildings Commissioner Robert LiMandri denied that construction work sites were being intentionally slowed, emphasized that safety would not be compromised, and reiterated that adherence to NYC construction laws is crucial to the city’s future development.

To date, 14 people have died in eight separate NYC construction accidents in 2008, more than during the entirety of last year.

Hide Full Article

Mercer County Common Pleas Judge Francis J. Fornelli approved the settlement for Stanley and Rhonda Mariacher on April 29. The settlement allocates $550,000 for pain and suffering, $25,000 for past and future medical expenses, $60,000 for lost wages, and an additional $50,000 to Rhonda Mariacher for the loss of consortium.

Stanley Mariacher suffered a severe spinal cord injury, as well as traumatic psychological and neurological damage, as a result of a fall in January of 2004 at Wheatland Tube Co. While securing the freight that had been loaded onto his trailer by Wheatland Tube employees, Stanley fell and suffered severe injuries. The couple brought the suit against Wheatland Tube Co. because the couple felt the company placed Mr. Mariacher at “unreasonable risk.”

The insurance company representing Wheatland Tube Co., Sentry Select Insurance Co., is seeking to obtain compensation from Stanley Mariacher’s employer’s insurance company for legal fees and reimbursement of the settlement. The counter claim is being brought forth in U.S. District Court, Pittsburgh.

Hide Full Article

Officials from Florida’s Department of Environmental Protection visited the neighborhood of Azalea this week to hear residents’ concerns about the groundwater pollution. Last week, an independent engineering firm measured 39 of the town’s 63 irrigation wells for signs of contamination and found that at least six of the wells which were analyzed tested positive for chemicals including vinyl chloride and 1,4 Dioxane. One of the wells tested had 20 parts per billion of 1,4 Dioxane – far greater than the 3.2 parts per billion that the state of Florida allows.

The lawsuits, filed last month by residents of Azalea, argue that the chemicals are known to cause cancer and other ailments, and have negatively affected the retail value of the properties in the neighborhood. The lawsuits ask for restitution from Raytheon to cover medical screenings and continuous monitoring; the clean-up and removal of the chemicals from the groundwater; and compensation for the loss in property value.

Hide Full Article

The settlement, filed Wednesday with U.S. District Judge Shira Scheindlin in New York, would seek to resolve lawsuits filed against the companies in 20 states for groundwater contamination by the chemical methyl tertiary butyl ether (MTBE).

Some oil companies however, notably Exxon Mobil Corp., have refused to settle the lawsuits, asserting that no damage has been done and that the use of MTBE, a pollution-reducing oxygenate, was required by the federal Clean Air Act.

The settlement must be reviewed by U.S. District Judge Shira Scheindlin before it can go into effect.

Hide Full Article