McCoy & Hiestand Attorneys at Law

Legal news affects our everyday lives, whether we notice it or not. Here’s a summary of a few of this month’s major cases.

Former H.S. Basketball Coach Still Pursuing Lawsuit Over Firing

A former basketball coach at Bowling Green High School in Kentucky is still pursuing a lawsuit over her termination a year ago. The school claims the plaintiff was fired for not treating “student players with dignity and respect” and for two violations of the Professional Code of Ethics for Kentucky school personnel. However, the plaintiff alleges she was fired for her reaction to a statement by the school’s principal that he “wanted more white coaches and white players” on the team. The case was filed in Warren Circuit Court but was transferred to U.S. District Court in Bowling Green last October.

Baby Formula Giant Fails in Bid to Dismiss Class Claims of Fraudulent Marketing

On August 14, 2018, Illinois federal court Judge John J. Tharp denied a bid by well-known baby food manufacturer, Gerber Products Company, to dismiss class claims that allege the company fraudulently marketed its Good Start Gentle (“GSG”) infant formula as able to actively reduce the risk of developing allergies to cow’s milk and decrease incidences of atopic dermatitis (also known as eczema).

FDA Warns Consumers About King Bio Inc. Homeopathic Drugs

The Food and Drug Administration has issued a warning to consumers about the dangers of homeopathic drugs for pets made by King Bio Inc. The FDA warns that the drugs pose a health risk to pet owners as well as pets due to high levels of microbial contamination identified at the manufacturing site. The voluntary recall was recently expanded for a second time to include all water-based (aqueous) drug products marketed for human and animals.

Estate of Child Killed in South Carolina School Shooting Files Suit

The estate of a child who was killed in a school shooting in South Carolina has filed a wrongful death suit against Anderson School District 4 and the Anderson County Sheriff’s Office. According to the lawsuit, life-saving trauma kits donated to the school were never delivered to school employees. The lawsuit was filed in Anderson County Circuit Court by the estate of the six-year-old boy who was killed in the September 2016 shooting at Townville Elementary School. The shooting resulted in injuries to another student and a teacher.

Lyft Facing Lawsuit Over Sexual Assault of Women by Driver

Ride-hailing service Lyft is facing a lawsuit by a woman who is believed to be one of former victims of sexual assault by a driver. The woman alleges that the 46-year-old former Lyft driver attempted to sexually assault her while giving her a ride. The driver remains in the Travis County Jail on three counts of kidnapping, two counts of attempted sexual assault and one count of robbery. The lawsuit names Lyft and the driver as defendants.

Lawsuit: Trump Administration Failed to Give Immigrants Time to Apply for Asylum

The Trump administration is facing a lawsuit alleging that families separated at the border have not been given adequate time to seek asylum. An emergency hearing was held Tuesday in U.S. District Court for the District of Columbia for the recent complaint, which says many of the 2,600 children taken into custody never had the chance to appear before a judge or immigration officer. As of a decision issued late on Tuesday, none of the families will be deported through Friday.  

Former Diver Added to Sexual Abuse Class Action Suit Against USA Diving

Another former Indiana University diver has been added to a class action lawsuit alleging sexual abuse. The lawsuit alleges that a young woman, 17 years old at the time, sent naked photos of herself to a volunteer assistant diving coach for IU, at the coach’s request. Further, the lawsuit alleges the coach pressured the woman into performing sex acts on him by threatening to show the naked photos to her boyfriend. The class action lawsuit accuses Indianapolis-based USA Diving of ignoring or obstructing accusations of sexual abuse.

Michelin, Bus Company Named in Suit Involving Defective Tire

Tire-maker Michelin has been named in a wrongful death suit over a fatal bus crash that occurred last October. The bus was traveling from Houston to Mexico when a nearly brand-new tire broke apart, causing the bus driver to lose control and crash the bus. Two passengers were killed, and several others were injured in the crash. Named as defendants in the complaint are Motor Coach Industries and Michelin North America. Motor Coach Industries has been accused in the complaint of installing bus windows that “failed to comply with local, state, and federal regulations,” did not meet industry standards and were “unreasonably dangerous.”

Our attorneys at McCoy, Hiestand & Smith strive to keep our community informed so check back with us monthly for a Legal News Update!

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