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Louisville Slugger Crippled Little Leaguer
Attorney Legal Opinions |
2008/05/30 14:03
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Higher bat speed, and the resulting ball speed off an aluminum bat gave a Little Leaguer insufficient time to react, and the boy suffered cardiac arrest when hit by a batted ball during a game, the boy's family claims in lawsuits against Hillerich amp; Bradsby dba Louisville Slugger, and the Little League.
Aluminum bats have been controversial for precisely this reason, and because some baseball purists say the lighter bats give batters an unfair edge. In this case, the Domalewski family claims Steven, 12, was injured and hospitalized during a June 6, 2006 game in Wayne, N.J., from a ball bit by a Louisville Slugger TPX Platinum bat. The 31-inch bat weighs 19 ozs., the complaint states. Traditional wooden bats generally weight 30 ozs. or more.
As a result of the blow to his chest, Steven went into cardiac arrest ... was resuscitated and transported to St. Joseph's Medical Center in Paterson, according to the claim in Passaic County Court. It claims Steven suffered from anoxic encephalopathy secondary to comotio cordis and is multiple handicapped.
The Domalewskis accuse the defendants, among other things, with consumer fraud: minimizing the dangers of aluminum bats, though knowing of them. They demand punitive damages. |
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Harry Potter The Librarian's Lawsuit
Trending Legal Issues |
2008/05/28 08:24
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The Poplar Bluff Public Library constructively fired an assistant because her religious beliefs prohibited her from working on Harry Potter Night, Deborah Smith claims in Federal Court.
Smith says her Southern Baptist Church prohibits promotion of the worship of the occult. She considers Harry Potter part of the occult.
Smith says she told her supervisor she could not take part in the library's Harry Potter Night on July 20, 2007 to promote the release of the latest book in the series. But, she says, library director Jacqueline Thomas told her she would have to work behind the scenes, out of sight of other church members, and questioned Smith's sincerity, the suit states.
When Smith refused, Thomas suspended her without pay for 10 days. Upon Smith's return, her hours were cut and she was demoted to shelving, a more physically demanding job, she says.
Smith says she had to resign due to the physical demands. She claims the City of Poplar Bluff and Thomas caused her to lose income, suffer physical and emotional distress and humiliation and violated her constitutional rights to freedom of religion. Smith seeks punitive damages and is represented by Anthony Rothert of St. Louis. Poplar Bluff is 150 miles south of St. Louis. |
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Democrats Sue Georgia Over Photo Voter Law
Attorney Legal Opinions |
2008/05/27 13:53
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The Georgia Democratic Party claims enforcement of the state's photo ID requirement violates the Georgia Constitution by discriminating against hundreds of thousands of registered voters, black voters particularly, who do not have driver's licenses, passports or other state-issued ID.
Unlike the civil rights claims of the 1960s, which appealed to the federal government to override racist Southern laws, this complaint asserts no claims that arise under the Constitution, laws or treaties of the United States.
Plaintiffs claim the state's 2006 Photo ID Act - SB 84 - violates the Georgia Constitution because it imposes an unauthorized additional condition on the fundamental right to vote.
They claim the bill discriminates against African-American voters in particular.
And they claim that it is an illegal retroactive law because it applies to citizens of Georgia who were lawfully registered to vote before the effective date of the law. |
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Court Nixes Dog-Killing Deputy's Job Transfer
Court and Trial |
2008/05/23 07:46
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A sheriff's deputy who shot and killed a dog while on duty should not have been reassigned to the same sheriff's department, the Kansas Court of Appeals ruled.
Deputy David Freeman was bitten by a dog, and the owner refused to help him. Freeman responded by shooting the dog, causing injuries so severe that the dog had to be euthanized.
But the bitten deputy suffered only minor injuries that did not require a trip to the hospital.
Sheriff David Zoellner fired Freeman for violating department policy. Freeman appealed to the Leavenworth County civil service board, which transferred him to a comparable position in the Jail Division.
Judge Marquardt affirmed the district court's ruling that the board had improperly placed Freeman in a different section of the same sheriff's department.
The district court found that the law's provision for Freeman to go to a different department means a law enforcement office completely separate and apart from the Leavenworth County Sheriff's Office.
The appeals court reversed the board's order to transfer Freeman to a different county, saying the board lacked the authority to do so. |
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Houston Wins Ruling In Face Off With Phone Co.
Attorney Legal Opinions |
2008/05/22 07:32
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The City of Houston does not have to reimburse Southwestern Bell for moving its telecommunications equipment out of the public right of way, the 5th Circuit ruled.
A three-judge panel held that the Telecommunications Act protects municipalities when they exercise ownership over public rights of way. Therefore, Southwestern Bell is not entitled to be reimbursed for the cost of moving its equipment.
Southwestern Bell had claimed that a Houston ordinance violated the act by requiring telecommunications companies to move facilities at their own expense.
Writing for the panel, Judge Barksdale ruled that in order for the telephone company to prevail, it would have to prove that the act specifically created a right to be reimbursed for the moving of its equipment.
Also, Barksdale ruled that even the local government protection afforded by the act does not indicate a right for telecommunications companies |
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