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.

Trade Court Rules in Favor of Porpoise Protections

The International Trade Court in New York has ordered the Trump administration to ban seafood from countries where a net is used that causes the deaths of vaquita porpoises. According to Judge Gary Katzman, the species status is so precarious that “even one mortality could increase the likelihood of extinction.” It is estimated that about 15 to 30 of the porpoises still remain. The lawsuit aimed at protecting the animals was filed by the Natural Resources Defense Council, the Center for Biological Diversity and the Animal Welfare Institute against the Department of Commerce, the National Marine Fisheries Service, the Department of the Treasury and the Department of Homeland Security.

Kentucky Cross Country Runner Suffered Heat Stroke, Lawsuit Filed

A school in Louisville, Kentucky, has been accused of negligence by a cross-country runner who suffered a heat stroke. During a team practice in July 2017, the Saint Xavier student lost consciousness and was taken to the hospital, where he was placed in a medically-induced coma. The lawsuit filed in Jefferson Circuit Court alleges the school was negligent when it “failed to adequately supervise, screen, test, monitor, and treat the student runners for heat-related injuries and illness.” The plaintiff seeks compensation for past and future medical costs, pain and suffering, emotional and mental distress, lost wages, future earnings and “loss of enjoyment of life.”

Fiat Chrysler Cars Have Headrest Issues, Says Lawsuit

Fiat Chrysler has been hit with a lawsuit alleging that headrests pop forward in 12 of the company’s car models. The lawsuit was filed by an Orlando woman who alleges a broken headrest in her car malfunctioned while she was driving. According to the complaint, a dozen vans and SUVs made by the company have the problem, which has led to over a dozen injuries. Additionally, the lawsuit states that Fiat Chrysler was aware of the issue and failed to include repairs in the warranty.

New York’s Climate Change Lawsuit Against Oil Companies Tossed Out

A climate change lawsuit against a number of large oil companies filed by the City of New York has been tossed out by a federal judge. The lawsuit was filed in January against Chevron Corp, BP Plc, ConocoPhillips, Exxon Mobil Corp and Royal Dutch Shell Plc and alleged the companies knew that carbon emissions caused climate change but continued to promote fossil fuels. A spokesman for Mayor Bill de Blasio says that the city will appeal the decision. “The mayor believes big polluters must be held accountable for their contributions to climate change and the damage it will cause New York City,” said the spokesman.

McDonald’s Faces First Lawsuit Over Parasite in Salads

McDonald’s is facing the first lawsuit over the contamination of their salads by a parasite. The lawsuit was filed by a woman from Washington who alleges she became ill after eating a salad from the fast food restaurant. Salads from 3,000 McDonald’s locations in Midwest states have been pulled after the discovery of a potential contamination. The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention announced last week that they had initiated an investigation of “cyclosporiasis illnesses likely linked with salads from McDonald’s.” According to the agencies, sixty-one people have fallen ill with the disease.

ADT Sued For Negligence After Fatal House Fire

A wrongful death lawsuit filed in U.S. District Court for the District of Kansas alleges that security company ADT is to blame for the death of a woman in a house fire. The lawsuit was filed on behalf of the woman’s minor child. As the lawsuit alleges, ADT received two notifications that the house was on fire but failed to alert authorities and “inexplicably…fully cleared” the incident. An hour later, the woman’s body was found inside the home. ADT is accused in the complaint of two counts of negligence and one count of fraud, deception and breaching the Kansas Consumer Protection Act and its agreement with the woman.

Appeals Court Allows Transgender Inmate’s Lawsuit Over Denial of Hormone Replacement

A transgender former inmate will be able to file suit over the denial of hormone treatment, according to the U.S. Court of Appeals. The former inmate filed suit against the Wisconsin Department of Corrections officials for denying her access to hormone replacement drugs during her incarceration and while on supervised release. Named as defendants in the lawsuit are the Department of Corrections’ mental health director and three probation officers. Most of the lawsuit’s claims were recently reinstated by the 7th U.S. Circuit Court of Appeals.

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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