The New York Personal Injury Blog

July 2012 Archives

No Chick-fil-A Ban? For Once, Bloomberg is Correct

For those of you who have been living under a rock, the president of the outspokenly conservative Christian Chick-fil-A came out last week and expressed his opposition to gay marriage. People were shocked, appalled, etc., because, you know, CEOs shouldn't have personal opinions.

Since the bad-for-business statement, there have been protests, Jim Henson's Muppets have abandoned the chain, and now certain political leaders are talking about banning the fast food restaurants from their towns, reports The Associated Press.

Seriously? This ain't communist Russia.

NYU, Fordham Law Detail Excessive Force Against OWS Protestors

Could justice be on the way for Occupy Wall Street protestors? Throughout the history of the movement, protestors have met with forceful removal and alleged abuse at the hands of the NYPD. Just last month, a class-action lawsuit was allowed to proceed against the NYPD for arresting protestors that marched over the Brooklyn Bridge, reports The New York Times.

Now, thanks to the help of a few law school clinics, including NYU, Harvard, and Fordham, there might be hope of bringing even more lawsuits. Researchers at the two local schools dug through newspaper reports, YouTube clips, and other archives to detail 130 pages of incidents of alleged excessive force, police surveillance, and other abuses.

Harlequin Romance Screwing Writers (Out of Royalties)?

Tricky, tricky, tricky. Harlequin, the publisher of those trashy romance novels that Grandma liked so much, is facing a class-action lawsuit over some corporate trickery that may be reducing writers' royalties from 25 percent of proceeds to only 3-4 percent, reports the Courthouse News Service. According to the plaintiffs, the entire fraud is committed through the use of self-dealing corporate subsidiaries.

Sound complicated? Are you having a strong urge to close this window and run to something easier, like TMZ? Well don't. We had the same urges, until we "got it." Now, we're just impressed. You will be too.

MTA Loses First Amendment Pro-Israel Ad Case ... Kinda

“In any war between the civilized man and the savage, support the civilized man. Support Israel. Defeat Jihad.”

The savages, in this context, refer to either Palestinians or Muslims. Pretty rude, right? The Metropolitan Transportation Authority agrees. That’s why they banned this American Freedom Defense Initiative’s pro-Israel, anti-Islam ad from city busses, reports The New York Times.

Of course, any time a public agency rejects someone’s political speech, a lawsuit results. And this time, the speaker won … kinda.

6-Alarm Fire in Bronx Injures 28 Firefighters: What's the Fireman's Rule?

An inferno tore through a Bronx apartment complex near Yankee Stadium last night, destroying the homes of many and injuring three residents and twenty-eight firefighters, reports the New York Daily News. To give you an idea of how bad the blaze was, a six alarm fire requires 24 fire engines and 13 ladders.

Here, more than 200 firefighters were on the scene.

Residents say that the fire alarms did not go off. Instead, neighbors alerted each other by banging on doors. One wonders, had the alarms functioned properly, if the fire would have been tamed sooner and resulted in less injuries.

Free Falling: A Slip and Fall Law Primer

It was like an awful scene from "Final Destination." Grandma's electric scooter hit a display at the bodega. The display fell over and knocked a bottle of canola oil off of the shelf. The oil spread, then pooled under the shelf. On the other side of the shelf, a lady's three children were running in circles while she attended to the crying baby in her arms.

Crack. Five-year-old Melanie didn't see a thing before she ended up on her rear. The oil had slithered under the shelf and into the next aisle. Her foot had caught just enough to make her go airborne.

This is your typical slip and fall case. So what do you do when you, or a loved one, ends up on the floor?

NYC Hit With Over $10k in Sanctions in 'The Program' Lawsuit

The New York City Law Department and two of its attorneys are facing sanctions after abusing the discovery process, reports the Courthouse News Service. The sanctions stem from litigation related to "The Program," which was guard-sponsored inmate on inmate violence at Rikers' Island. The plaintiff had requested specific documents from the Department of Corrections, but were instead handed over 5,000 pages of records. Many of the requested documents were omitted.

The Program was a practice that allegedly allowed inmates to severely beat each other while the guards stood by and watched. The guards saw it as a way to control the inmates. The inmates saw it as a way to fight over contraband. The entire scheme was brought to light after an inmate died. Some of the guards and inmates have faced, or are currently facing, criminal charges from the fights.

Expletive the Police! Man Flips the Bird, Gets Arrested, Sues

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Oh, and the right to flip off a cop.

What?

In all seriousness, we have lot of guaranteed freedoms in this country. We have the freedom of speech, the right to an attorney, and the right to be free from unreasonable search, seizure, or arrest without cause.

Couple Arrested For Doing the Charleston - Nope, Not a Euphemism

Caroline Stern, 55 and George Hess, 54, are an odd couple. She's a dentist. He's a film industry prop master. They also enjoy swing dancing. They enjoy it so much that sometimes, when the mood strikes, they'll do it in public. And now they've been arrested for it, reports the Daily Mail.

They had just finished dancing and were waiting for the subway. A steel drum musician began tapping out a rhythmic tune. Overcome by the music, the duo began to dance. They started doing the Charleston.

Perhaps it was jealousy. Perhaps they were just bored. Perhaps the officers were in a bad mood after watching a Craig Brewer remake of their favorite childhood film.

'I Didn't See Her' Might Work For Criminal Defense, Not P.I.

There's finally enough information to follow-up on the tragic story of Roxanna Sorina-Buta, 21, of Queens. In late May, the young lady was returning home from her job. While she was crossing the street, with the light, she was run over by a dump truck. The truck did not stop or alert police. It simply disappeared.

At the time, there was no information on who the driver was and where the truck was from. However, after an extensive investigation, the police finally identified the driver and identified the truck as a New York City Department of Transportation truck, reports the Gothamist.

Local Startup Company Claims Google Stole Idea for 'Hangouts'

Don't be evil.

It's a simple motto, adopted by Google as it's mantra during the company's infancy. Google may have rethought that policy, if local startup BeIn's CamUp project is telling the truth.

According to a lawsuit filed on June 28, 2012, Google's "Hangouts" are stolen from CamUp's original idea, which they shared with Google months before the Google+ feature was added, reports Courthouse News Service.