lawsuits Archive

California LVN to BSN Students Hung Out to Dry by Sonoma State, Indiana State?

October 15th, 2012. By AbiK

Just got an interesting email. A reader shared the predicament that 141 LVN to BSN students have found themselves in: they’ve matriculated in an online nursing program that’s a partnership between CSU’s Sonoma State University (SSU) and Indiana State University (ISU)—a program that had been approved by the California Board of Registered Nurses—but now there’s a catch. Seems the Memorandum of Understanding (MOU) between the two schools has been severed. (Note: go to minute 2:36:00 of above video).

Here’s what the reader had to share:

“The abrupt, unexpected severance of the Memorandum of Understanding (MOU) between Indiana State University (ISU) and Sonoma State University (SSU) threatens to leave ISU’s 141 California nursing students admitted into the dual enrollment LVN to BSN Online partnership approved by the California Board of Registered Nursing (BRN) without a teach-out plan, no viable opportunities to complete our educational goals, and significant financial, professional, and emotional hardships. We are LVNs seeking to complete our BSNs and advanced training to contribute to the professionalism of nursing; many of us are almost done with the program. We have lodged our complaints with both universities, the California State University Board of Trustees, and the National League for Nursing Accrediting Commission. However, we are finding few advocates in our corner and are at a loss for what actions to take at this point.”

Translation? Those 141 LVN to BSN students are left hanging for now. They’ve matriculated into a program they thought would allow them to get their BSN degree and now that their ability to do so is at risk, some are crying breach of contract.

For those who don’t have a clue about nursing acronyms, LVN is a Licensed Vocational Nurse—sometimes also called an LPN (Licensed Practical Nurse). LVN/LPN nurses are not RN’s (Registered Nurses)—and LVN is typically a one-year program whereas an RN  receives additional training. The American Nurses Association has more explanation on the various nursing degrees and licensing requirements.

Now, you might say, “What’s the big deal? Just transfer.” But apparently, it’s not that simple.

First off, the courses (and credits) specified as a part of this LVN to BSN program are, according to the 141 students left in the lurch, not transferable.

Second, California community college nursing programs have notoriously high wait lists for new students. NPR ran a story on the situation back in 2010—but if you listen to the challenges (the word “challenges” being an understatement) faced by some current LVN to BSN students who spoke at a Department of Consumer Affairs Board of Registered Nursing Webcast Board Meeting (September 27, 2012—see video above—fast-forward to minute 3:10:00 to hear student comments), the problem is far from resolved.

So what happened? Why are 141 nursing students at risk of being left without a nursing program they’d already been accepted to? If you watch the meeting minutes on the SSU and ISU nursing program partnership—which start at minute 2:36:00—it sounds like there’s been a bit of a snowball effect that began with a complaint by an ISU nursing student alleging fraudulent clinical hour documentation which then led to a halt on new students being admitted into the program pending an investigation. Comments like “we didn’t have a board then” and that the 3-month (May-July 2012) investigation “identified six areas of non-compliance” don’t spark confidence in how things were being run either.

But that’s not the fault of those 141 students who’d been matriculated and who now may find themselves collateral damage of the fraud allegations and non-compliance issues.

And you have to love the smug comments from the board—like those clarifying that, rather than supporting the nurses, they “support the public”. Talk about CYA. The only board member who’s willing to point at the “elephant in the room” is the woman on the far right. Aside from her, it’s painful to listen to all the bureaucratic b.s. and babbling. Granted, the Board doesn’t have the jurisdiction to change the situation—but the 141 nursing students aren’t asking for that; they’re asking the Board to have their backs—to support them in their quest to have the LVN to BSN program remain intact so they can complete their degree.

We’ll have to see how this plays out and what happens to those 141 nursing students. From the sound of it, there may well be a bit of legal wrangling to come in order to resolve things (note the comment from one affected student’s husband: “I would warn you that the lawsuits are going to begin. This is outrageous”). But it’s clear something ain’t right. And there’s now a petition over at Change.org with 493 supporters to date—you can check it out here.

Tags: BSN, California Board of Registered Nurses, Indiana State University, LVN, Nursing School, Sonoma State University
Posted in Complaints/Comments, lawsuits | 11 Comments »

Asbestos News Roundup: 10.4.12 – Auto Mechanic Asbestos Risk

October 4th, 2012. By LucyC

 

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Auto Mechanic Asbestos Disease Risk

Auto mechanics may not know it but they are at risk for asbestos-related disease. Asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. In fact, it is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).

According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and beveling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, which can take 30 years to manifest.

Asbestos Lawsuits

St. Clair County, IL: An asbestos lawsuit has been filed by Raymond and Deana Griggs naming 44 defendant corporations. In their lawsuit, the Griggs allege Raymond developed lung cancer as a result of being exposed to asbestos-containing product throughout the course of his work. The complaint states that Raymond Griggs worked as a miner, operator and maintenance worker from 1974 until 1984.

The Griggs further allege that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Mr. Griggs’ safety.

As a result of his asbestos-related diseases, Raymond Griggs became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, he became prevented from pursuing his normal courses of employment and, as a result, lost large sums of money that would have accrued to him, the couple claim.

In their complaint, the Griggs are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, economic damages of more than $150,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just.

St. Clair County, IL: 77 defendant companies have been named in an asbestos lawsuit filed by Herman and Dorothy Leamons. Specifically, the Leamons allege the defendant companies caused Herman Leamons to develop colon cancer after his exposure to asbestos-containing products throughout his careers.

According to the Leamons’ complaint, Herman Leamons worked as a member of the PPF/UA Plumbers and Pipe Fitters Union Local 706 out of Arkansas and worked as a pipefitter at Ace Supply Company from 1970 until 1977.

The Leamons allege the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

As a result of their asbestos-related diseases, Herman Leamons became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the lawsuit states. In addition, he became prevented from pursuing his normal courses of employment and, as a result, lost large sums of money that would have accrued to him, the Leamons allege in their lawsuit.

In their complaint, the Leamons are seeking a judgment of more than $150,000, punitive and exemplary damages of more than $100,000, economic damages of more than $100,000, compensatory damages of more than $100,000 and punitive damages in an amount sufficient to punish the defendants and to prevent them from committing the same actions again.

Jefferson County, TX: Carol Gatlin has filed an asbestos lawsuit on behalf of the late Kenneth Gatlin, naming eight companies as defendants.

The lawsuit claims that because of Kenneth Gatlin’s exposure to asbestos-containing products over his career, he contracted esophageal cancer, a serious and debilitating disease that ended his life.

The lawsuit accuses the defendants of negligently selling and using asbestos products despite actual knowledge of the extreme risk of harm inherent to asbestos exposure. Further, the lawsuit claims the defendants also negligently failed to provide Kenneth Gatlin with a safe place to work.

The defendants named in the suit include Cameron Iron Works, Cooper Industries, Chevron USA, Air Liquide America, Guard-Line, Triplex, Yarway Corp. and Santa Fe Braun Inc. (SETexasrecord.com)

Asbestos Law

Chattanooga, TN: David Wood, James Mathis and Donald Fillers and the Watkins Street Project LLC have been sentenced for convictions of conspiracy and violating federal clean air laws. The men were charged for environmental violations that occurred while they worked on the demolition of a Chattanooga textile mill that contained large amounts of asbestos. Specifically, the prosecutors contended that while working on the former Standard Coosa Thatcher plant, the men and their company allowed asbestos to become airborne.

The men, convicted in January, were sentenced on Monday: Woods receive a 20-month prison sentence, Fillers a a a four-year prison sentence and fined $20,000, and Mathis received an 18-month prison term. The company must pay a $30,000 fine. (The Associated Press)

Tags: Asbestos, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma, Asbestos Settlement
Posted in Asbestos Mesothelioma, lawsuits, Settlement | No Comments »

In The Navy? Restoration Hardware Knock-Off Lawsuit Says Knock It Off

October 3rd, 2012. By AbiK

After being on the receiving end of some hard knocks (read: internal investigation re: dating younger staffer and having to step down from CEO prior to IPO as result), Gary Friedman and his former company, Restoration Hardware, have been told to knock it off with the knock-offs via a newly filed trademark infringement lawsuit. And no, we can’t possibly fit another “knock” into that sentence.

Here’s the thing. It’s no a-ha moment that Restoration Hardware (aka RH) along with just about every other mass market furniture retailer knocks off some original designs—typically with a tweak here and there and a downgrade on the materials and manufacturing—in order to sell “design” to the masses at a lower price.  Those design modifications, however, are usually significant enough, even to the untrained eye, to establish the wannabe design as “reflective of” the original design without being an exact mirror image of it.

Enter Restoration Hardware’s Naval Chair. No, you can’t find it on their website at present because they’ve since renamed this chair the “Aluminum Standard Side Chair.” Regardless, that chair, according to the lawsuit, is strikingly similar in look to the one that the folks at Emeco originally designed for the US Navy. Heck, RH apparently didn’t even take too many strides to alter the name—”Navy” to “Naval”? Please.

For those of you who don’t follow “design”, here’s some background from Emeco’s website:

“Emeco was originally founded following a collaborative project with Alcoa to develop a seaworthy chair for submarines and warships. The Navy chairs are impervious to corrosion, non magnetic, lightweight and most importantly incredibly strong – attributes of aluminum that we have now grown to appreciate and love. By the end of the 1950’s Emeco aluminum chairs outfitted all famous U.S Navy Ships and submarines including the first nuclear submarine, Nautilus.”

No question, the Emeco Navy® Chair (note the registered trademark symbol) has been in continuous production and easily identifiable for quite some time.

The lawsuit was filed soon after RH’s IPO filing—tbd on what kind of impact it might have, if any. That, after highly mixed reviews following RH’s re-image a while back—comments like “trendy fake” on one forum come to mind. If you’re not familiar with the new look, two words sum it up: oversized and monotone. The pic at right is a personal fave—the light fixture—try having a conversation around that baby—where’s Seinfeld when you need him? It must appeal to someone, just hard to imagine whom—particularly when your flip through their baby room “showroom” online and find yourself immersed in a whir of endless beige and mushroom and envision a child welcomed into a world of blah.

And get this, they now have plans—according to the WSJ’s report on RH’s IPO—to go into apparel, accessories, footwear and jewelry. Anyone want to venture a guess as to what the palette will be? Someone get them a color wheel—stat!

In the meantime, we’ll have to see where this one nets out.

Tags: Emeco, Gary Friedman, Naval Chair, Navy Chair, Restoration Hardware, RH, RH Lawsuit, Trademark Infringement
Posted in Intellectual Property, lawsuits | No Comments »

Celine Dion Sued for Overtime Pay, Settles with Former Employees

October 2nd, 2012. By AbiK

Seems the Queen of Love Songs hadn’t been showing the love to two of her former employees. Celine Dion has settled an unpaid overtime lawsuit filed by her former warehouse manager, Keith Sturtevant, and her former front-gate security guard, Raymond Weaver.

To be fair, the lawsuit was filed not only against Ms. Dion, but also against her husband, Rene Angelil and their production company, Feeling Productions, Inc. (Case No. 2:2012cv14236 filed June 27, 2012 in Southern District Court of Florida)

Sturtevant claimed he not only worked at Dion’s warehouse, but also performed various duties at Dion’s house—things like cleaning window shutters on the house, fixing kitchen items and running errands. Sounds like he was a jack-of-all-trades for Ms. Dion as he also apparently set up and tore down party equipment at various events hosted by Dion. According to the lawsuit, Sturtevant was classified as an exempt employee—meaning he would not be eligible for overtime pay; but he performed non-exempt job duties and, therefore the lawsuit argued, he should have been entitled to overtime pay under the FLSA. (Click here for more on exempt vs. non-exempt and what it all means.)

The other plaintiff, Weaver—the security guard—alleged having to take on other duties unrelated to security. These include cleaning Dion’s driveway (it apparently would get berries on it), hosing down patios, cleaning rust off bolts in the swimming pool and lazy river, cleaning tennis courts and, from the sound of it, playing cabana boy should a beach umbrella or two need to be set up—or taken down. Weaver also claimed he was misclassified as exempt.

Well, we won’t know the terms of the settlement, but rather than go to court to duke it out Ms. Dion has settled with Sturtevant and Weaver. And let’s hope both gentleman request detailed job descriptions at their next places of employment…

Tags: Celine Dion, FLSA, Misclassified Employee, overtime lawsuit, Overtime Settlement, Unpaid Overtime
Posted in Emerging Issues, Employment, lawsuits, Settlement | No Comments »

Asbestos News Roundup: 9.20.12 – Pipefitter Asbestos Risk, Canadian Ban

September 20th, 2012. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Pipefitters, Boiler and Furnace Technicians Asbestos Disease Risk

According to the Environmental Protection Agency, insulation blankets (the outside covering or shell), door gaskets, duct insulation, and tape at duct connections of furnaces and boilers can all contain asbestos. Technicians who worked on repairing boilers and furnaces in the past would have been at risk for asbestos exposure.

Asbestos was used between 1930 and 1972 as high-temperature insulation for oil, coal, or wood furnaces, generally found in older homes. Steam and hot water pipes were insulated with asbestos-containing material, particularly at elbows, tees, and valves. Pipes may also be wrapped in an asbestos “blanket”, or asbestos paper (which looks very much like corrugated cardboard). Asbestos-containing insulation has also been used on and inside round and rectangular furnace ducts. Sometimes the duct itself may be made of asbestos-containing materials.

This week, a long-running asbestos lawsuit was settled. The lawsuit, brought by retired pipefitter and contractor Robert Kreimer, who is now approximately 77 years old, involved numerous defendants, who were charged with being responsible for Kreimer’s asbestos mesothelioma.

Asbestos Lawsuits

Charleston, WV: A total of 71 companies have been names as defendants in an asbestos lawsuit filed by a couple from South Shore, KY. James D. Holbrook, who was diagnosed with esophageal cancer on August 23, 2011, claims the defendants are responsible for the diagnosis.

In their lawsuit, Holbrook and his wife, Guyneth Marie Holbrook, allege he was exposed to asbestos during his employment as a laborer and worker from 1956 until 1987.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn, according to the lawsuit. Certain defendants are also being sued as premises owners and as James Holbrook’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 71 companies named as defendants in the suit are A.K. Steel Corporation; 3M Company; Ajax Magnathermic Corp.; Amdura Corporation; A.W. Chesterton Company; Beazer East, Inc.; Bechtel Corporation; Brand Insulations, Inc.; Bucyrus International, Inc.; BW IP, Inc.; CBS Corporation; Catalytic Construction Company; Caterpiller, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; Crane Company; Crown, Cork & Seal USA, Inc.; Cyclops Corporation; Detroit Steel, Inc.; Dravo Corporation; Eaton Corporation; Flowserve Corporation f/k/a the Duriron Company, Inc.; Flowserve Corporation as Successor-In-Interest to Durametallic Corporation; Foseco, Inc.; Foster Wheeler Energy Corporation; General Electric Company; General Refractories Company; Georgia-Pacific LLC; Geo. V. Hamilton, Inc.; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell International f/k/a Allied Signal, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; Lockheed Martin Corporation; McJunkin Corporation; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company, Inc.; Owens-Illinois, Inc.; Pneumo Abex, LLC; Premiere Refractories, Inc.; Rapid American Corporation; Riley Power Inc.; Rockwell Automation, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric; State Electric Supply Company; Swindell Dressler International Corporation; Tasco Insulations, Inc.; Thiem Corp.; UB West Virginia, Inc.; Union Carbide Chemical and Plastics Company, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Vimasco Corporation; West Virginia Electric Supply Company; and Yarway Corporation.(wvrecord.com)

Asbestos Settlements

Madison, IL: A settlement has been reached in an asbestos mesothelioma lawsuit brought by Robert Kreimer and his wife, Margie Kreimer, of Cleveland, OH. In their lawsuit, filed in November 2010, the couple sued 66 corporate defendants, and all but two defendants —mechanical seal manufacturer John Crane Co. and metal valve maker Crane Co.—had settled or had been dismissed earlier.

Born in 1935, Robert Kreimer, now approximately 77 years old, alleges he suffers from mesothelioma. From 1956-1986 he worked as a pipefitter for various contractors, including Johnson Controls, Robert Shaw, EJ Nolan, M.W. Kellogg Piping, Bechtel, Combustion Engineering, Babcock & Wilcox and Kaiser Engineering and various industrial and commercial job sites in Ohio, Kentucky and Indiana.

The lawsuit states that the defendants should have anticipated the plaintiff’s exposure to asbestos fibers. The lawsuit also claims that defendants agreed and “conspired among themselves” and with other asbestos manufacturers, distributors, and trade organizations, to injure the plaintiff.

The suit was settled this week and to date no details of the settlement have been released. (madisonrecord.com)

Asbestos News

Canada will no longer oppose global regulations restricting the use and shipment of asbestos. The news came following the election of a new government to the province of Quebec, which is home to Canada’s asbestos industry. The incoming Parti Québécois said it would cancel the federal loan and ban asbestos production and exports outright. As a result, federal Industry Minister Christian Paradis announced that the federal government will no longer support the asbestos industry.

According to a report by the Canadian Broadcasting Corporation, “…Paradis said his Conservatives are reversing course and won’t use their veto to stop chrysotile asbestos from being listed as a hazardous substance under the international Rotterdam Convention.

Paradis also said Ottawa will invest up to $50 million to help the country’s last remaining asbestos mining region, in Quebec’s Eastern Townships, to diversify into other areas of activity.”

The Harper government had consistently blocked the chrysotile form of asbestos from being listed under the Rotterdam Convention. The convention requires consensus of its members to list a substance; the convention already covers five other forms of asbestos. (cbc.ca)

Tags: Asbestos, Asbestos Exposure, asbestos lawsuit, Asbestos Mesothelioma, Asbestos Settlement
Posted in Asbestos Mesothelioma, lawsuits, Settlement | No Comments »