Class Action Attorneys Blog

Google Being Sued for Wiretapping

2010-07-28T18:45:35Z

A handful of lawsuits have been filed in California federal courts against Google, a Delaware corporation with a California headquarters, alleging that the company has been violating a variety of consumer protection and federal wiretapping laws since 2007.

]]> Specifically, as one of the complaints alleges, Google improperly accessed users’ Wi-Fi transmissions in order to obtain data – private and personal data – necessary to amass its “Google Street View” services. Google Street View provides a free, panoramic view of thousands of addresses, streets, and locations throughout the United States and the world.

The lawsuits recently filed against Google seek to certify a class of consumers consisting essentially of anyone in the United States who had a Wi-Fi internet connection in their residence during any period from May 1, 2007 until present. If you or someone you know has or had Wi-Fi internet service at your residence – and your residence and immediate street or location surroundings can be viewed publicly through the Google Street View service – please contact our firm at www.pbmattorneys.com to find out whether you are eligible to become a part of a potential class action.

Goldline Scam – Glenn Beck’s Favorite Company Under Investigation

2010-07-22T15:41:45Z

Goldline – the California-based company that proclaims itself a “leader in gold investing” – is under investigation for allegedly ripping off customers.

]]> The company markets its gold products – bullion and coins – as “long-term assets,” and comes highly endorsed by a number of conservative news and media celebrities, including talk-show host Glenn Beck and former presidential candidates Mike Huckabee and Fred Thompson. ABC News has reported that the LA County District Attorney’s Office and the Santa Monica County District Attorney’s office are jointly investigating consumer complaints relating to Goldline’s sales tactics. Some consumers are complaining that they were misled by company representatives in being pushed toward purchasing coins – rather than bullion – which later turned out to be worth only a fraction of what they paid. Other complaints allege that the company simply delivered a product other than what they ordered. The City of Santa Monica has set up its own website to allow consumers to easily submit complaints about Goldline and Superior Gold – another company under similar investigation.

The investigation follows on the heels of a May 2010 report put together by Rep. Anthony Weiner (D-NY), which outlines the company’s allegedly fraudulent practices. Congress has also announced that it will hold hearings to address the allegations, but no dates have been set yet. Rep. Weiner contends that "Goldline grossly overcharges for their coins" and “falsely claims to offer ‘good’ investments.”

If you believe you were a victim of improper sales tactics by Goldline or a similar gold investment company and you would like to know whether you have a legal claim, please contact us at our website: www.pbmattorneys.com.

Hospitals to Blame for Failing to Halt the Rise of Hospital-Acquired Infections

2010-07-15T15:59:50Z

Over the course of the last year, there have been numerous reports regarding the rise of hospital-acquired infections and the relative ease in preventing these infections. I have written numerous times about the risks and causes of hospital-acquired infections (see most recently "Veteran’s Affairs Hospital Infection Scandal”and "Hospital-Acquired Infections Still a Huge Threat to Patients” on this blog. There can be no dispute that hospitals are on notice regarding this epidemic and should have already implemented basic policies and standards to prevent these preventable infections. That is why a recent hospital employee survey, reported in the Washington Post yesterday, is so disturbing. The survey, taken by the Association for Professionals in Infection Control and Epidemiology addressed the high number of hospital-acquired infections every year, and pointed the finger at the failure of hospital administrators to set standards and focus their attention on catheter-related bloodstream infections or CRBSIs.

]]> It is estimated that 80,000 patients develop infections from catheters ever year, resulting in about 30,000 deaths. These CRBSIs account for almost one-third of all hospital-acquired infections in the United States, according to the Centers for Disease Control and Prevention. These deadly infections are directly related to a hospital’s negligence in two areas: (1) failing to properly prepare the medication and nutrients in the catheter, or (2) leaving the medication and nutrients in the catheter longer than necessary.

As hospital infections continue to rise, and certainly many hospitals are taking this issue seriously and devoting much attention to it, there are federally-funded programs addressing this problem directly. One such program, in Michigan, recently instituted infection-prevention methods in intensive care units to combat CRBSIs. Amazingly, catheter-related infections were reduced by two-thirds, saving 1500 lives in less than two years. This program alone is proof that preventative measures and greater attention to patients prevents these infections and saves lives.

So what is stopping hospitals from implementing these same precautions? Is it ignorance or does it come down to cost? One researcher stated that the average cost of implementing such a program is less than 10% of what it costs to treat the average infection. According to the survey, the reason these programs are not being implemented, is “ignorance and neglect at the top.” The results showed that infection-control nurses and other hospital workers are not being given efficient tools for tracking patients’ conditions, and many indicated that they are not given enough time to train new employees on proper procedures. Receiving financial assistance from administrators and enforcing best practice guidelines were also high on the list of challenges faced by hospital employees when trying to keep CRBSIs under control.

A lack of awareness by hospital executives could also be contributing to the prevalence of infections, suggested the researchers, and they emphasized that hospital leaders need to be driving forces that make CRBSI prevention a priority. Creating such an environment will generate a chain of accountability across the entire hospital that will help employees keep each other in check.

If someone in your family has died as a result of a catheter-related bloodstream infection, please do not hesitate to contact the attorneys at Pogust, Braslow & Millrood. Hospitals must and should be held accountable for the prevention of these infections.

Philadelphia Kacsa Boat Baleset frissítve

2010-07-13T16:57:10Z

A múlt héten, július 8-án, 2010, a város tulajdonában lévő uszály futott át, és felborult egy csónak túra a Delaware folyó Philadelphia, ömlött 37 embert a folyóba. A fedélzeten volt néhány magyar diák turista, aki utazott itt az utazásszervező által rendezett Marshallton United Methodist Church West Chester, Pennsylvania. Két turista - 16 éves Dora Schewendtner és 20 éves Szabolcs Prem - továbbra is hiányzik idején az első blog Tragikus, jelentések már megerősítette, hogy mind meghaltak a vizekben a Delaware, a testük végén vissza a múlt héten.

]]> A National Transportation Safety Board megkezdte a vizsgálatot a baleset interjúk sok kacsa hajó túlélői, valamint a túra csónak legénysége. Szerint a kapitány és a fedélzeti matróz, a kacsa hajót küldött rádió kéri a vontatóhajó - a Karib-tengeren -, hogy volt, húzta a bárka a baleset idején, de a hívások ment válasz nélkül.

Szombaton, az NTSB eltolódott a hangsúly a vizsgálat, hogy a vontatóhajó és az 5-legénység. Az NTSB most interjút 3 a legénység - a mester, egy mérnök, és egy fedélzeti matróz - bár még nem mentesít minden olyan információt a beszélgetések. A második fedélzeti matróz, aki aludt a baleset idején, nem kérdeznek meg, és jelentéseit felszínre ma, hogy a tiszt úgy dönt, hogy semmiféle nyilatkozatot az NTSB, ahelyett, hivatkozva az ő ötödik módosítása hallgatáshoz való joga.

Ez a fejlemény a történetben csak vet nagyobb gyanú a vontatóhajó és az uszály. Közvetlenül az eset után, több tanú szeme azon, hogy miért a vontatóhajó és az uszály nem tudták elkerülni üti a fogyatékkal élő turné csónakban a folyón - tekintettel a bőséges alkalom, hogy a bárka kellett reagálnia, és az a tény, hogy a baleset történt, fényes nappal. Doug Dillon, a tengeri biztonság szakértője a Tri-state Tengerészeti Biztonsági Szövetség Camden, New Jersey, azt mondta a Philadelphia Inquirer, hogy a hangsúly az NTSB vizsgálata a vontatóhajó valószínűleg vizsgálja meg, amikor a vontatóhajó kapitánya volt elhelyezni az időben a baleset, hogy valaki a vontatóhajó volt megfelelő monitoring rádió jelek nélkülözést, és hogy a vontatóhajó volt egy megfelelően elhelyezett kilátó.

Ha Ön vagy egy szeretett ember vett részt ebben a tragikus baleset, vagy ha ismersz valakit, aki bántotta, vagy a baleset által érintett, forduljon a cég www.pbmattorneys.com, hogy megvitassák a jogi lehetőségeket.

Philadelphia Duck Boat Accident Update

2010-07-13T15:43:09Z

Last week, on July 8, 2010, a city-owned barge ran over and capsized a tour boat on the Delaware River in Philadelphia, spilling 37 people into the river. On board were a number of Hungarian student tourists, who had traveled here on a tour hosted by Marshallton United Methodist Church of West Chester, Pennsylvania. Two of the tourists – 16-year old Dora Schewendtner and 20-year old Szabolcs Prem – remained missing at the time of our first blog. Tragically, reports have now confirmed that both died in the waters of the Delaware, as their bodies were recovered late last week.

]]> The National Transportation Safety Board began its into the accident with interviews of many of the duck boat survivors, along with the tour boat’s crew. According to the captain and deckhand, the duck boat sent radio calls to the tugboat – the Caribbean Sea – that was pulling the barge at the time of the accident, but the calls went unanswered.

On Saturday, the NTSB shifted the focus of its investigation to the tugboat and its 5-man crew. The NTSB has now interviewed 3 the crew – the master, an engineer, and a deckhand – although it has not yet released any information about their interviews. A second deckhand, who was asleep at the time of the accident, will not be interviewed, and reports surfaced today that the mate has declined to make any statement to the NTSB, instead invoking his Fifth Amendment right to remain silent.

This latest development in the story only casts greater suspicion on the tugboat and the barge. Immediately after the incident, several eye witnesses wondered why the tugboat and its barge were unable to avoid hitting the disabled tour boat in the river – given the ample time that the barge had to react and the fact that the accident occurred in broad daylight. Doug Dillon, a maritime safety expert with the Tri-state Maritime Safety Association in Camden, New Jersey, told the Philadelphia Inquirer that the focus of the NTSB’s investigation into the tugboat would likely look into where the tugboat’s captain was positioned at the time of the accident, whether someone on the tugboat was properly monitoring for radio distress signals, and whether the tugboat had a properly positioned lookout.

If you or a loved one was involved in this tragic accident, or if you know someone who was hurt or affected by the accident, contact our firm at www.pbmattorneys.com to discuss your legal options.

TriWire Engineering Solutions Inc. Investigation

2010-07-08T15:32:23Z

Pogust Braslow & Millrood is investigating Comcast Corporation and TriWire Engineering Solutions, Inc, for possible violations of the Fair Labor Standards Act and state wage and hour laws. It is believed that Comcast contracts with companies, including TriWire Engineering Solutions Inc., to perform telecommunications installations and repairs for residence and business customers of Comcast. The individuals performing such work may have been misclassified as "independent contractors." At times, companies misclassify employees as independent contractors in order to avoid paying them overtime wages, reimbursing them for work-related expenses, or providing them with health insurance and other benefits of employment. Although these "independent contractors" are paid through a third party, TriWire, instead of by Comcast, these workers should be designated as employees if they receive their work orders from Comcast or TriWire, cannot negotiate independently with customers, and can only install Comcast services.

If you would like to discuss this investigation or have any questions, please contact us.

Philadelphia Duck Boat Accident

2010-07-08T05:00:05Z

Two people are still missing after a Philadelphia tourist boat was struck by a barge, spilling its passengers into the Delaware River. According to local reports, there were 37 passengers on the boat. All except for 2 – a 16 year-old girl and 20 year-old man, both Hungarian tourists – have been rescued as of the time of this blog.

]]> The accident occurred shortly after 2:30 p.m. yesterday, July 7, 2010. The boat was one of a fleet of boats known as “duck boats” that operate as tourist vessels launched daily out of Philadelphia’s Penn’s Landing in the Delaware River. Apparently, the duck boat broke down shortly after its launch when it experienced mechanical difficulties and caught fire. While its crew waited for help, the boat sat idly in the river as a 250-foot city-operated barge – the Resource – approached. The massive barge struck and ran over the boat, capsizing and sinking it, and all of the passengers were thrown into the river, including many children. Several eye witnesses commented that it seemed as if the barge had plenty of time to avoid hitting the duck boat.

Photos of the aftermath show emergency personnel helping passengers to safety. Some of the passengers were taken to nearby hospitals to treat for injuries.

The boat was one of 15 duck boats operated in Philadelphia by a company called Ride the Ducks, which is owned by the Atlanta-based company Herschend Family Entertainment. Ride the Ducks owns and operates approximately 90 vessels in Philadelphia, Atlanta, Baltimore, Memphis, Tennessee, and Branson, Missouri.

If you or a loved one were involved in this tragic event and would like more information, please contact our law firm at www.pbmattorneys.com.

Philadelphia Duck Hajó baleset

2010-07-08T05:00:05Z

Két ember még mindig hiányzik után a Philadelphia turista hajó volt, ütött egy uszály, ömlött az utasokat a Delaware folyó. A helyi jelentések, volt 37 utas a hajón. Mind, kivéve a 2 - egy 16 éves lány és 20 éves férfi, mind a magyar turisták - már megmentette, mint az idő ebben a blogban.

]]> A baleset után nem sokkal 14:30 Tegnap, július 8, 2010. A hajó egyike volt a flotta a hajók az úgynevezett "kacsa csónak", hogy működnek turisztikai hajókat indított naponta ki philadelphiai Penn Leszállás a Delaware folyó. Úgy látszik, a kacsa hajó lerobbant sokkal elindítása után, amikor a tapasztalt nehézségeket és a mechanikai kigyulladt. Míg a személyzet várt segítséget, a hajó Szo tétlenül a folyóban, mint egy 250 láb város működtetett uszály - az Erőforrás - közeledett. A hatalmas bárkát csapott, és odaszaladt a hajó, felborulását és a süllyedő, és mind az utasok dobták a folyóba, köztük sok gyerek. Több szemtanúk azt közölték, hogy mintha a bárka volt sok ideje, hogy elkerüljék ütő a kacsa csónakot.

Képek a show követően sürgősségi személyzet segíti az utasok biztonságát. Néhány utas vette a közeli kórházak kezelésére a sérülések.

A hajó egyike volt a 15 kacsa hajók működött Philadelphiában egy társaság hívott Ride a Ducks, amely tulajdonosa az atlantai központú cég Herschend Family Entertainment. Ride a Kacsák tulajdonosa és üzemeltetője, mintegy 90 hajó a Philadelphia, Atlanta, Baltimore, Memphis, Tennessee, és a Branson, Missouri.

Ha Ön vagy egy szeretett ember vett részt ebben a tragikus esemény, és további információt szeretne, kérjük lépjen kapcsolatba ügyvédi iroda a www.pbmattorneys.com.

BP Oil Spill Causes Health-Related Risks

2010-06-02T20:51:11Z

Concern about health risks posed by the BP oil spill disaster and the clean up effort is rising amid reports of illnesses among workers helping to clean up the oil spill and residents living along the Gulf Coast. Last week, eleven workers were hospitalized after complaining of nausea, dizziness, chest pain and headaches.

]]> The government, concerned about public health in the gulf region, is taking steps to ensure that health issues are being addressed. According to Kathleen Sebelius, Health and Human Services Secretary, the National Disaster Medical System has been activated to provide medical care to the five gulf states. Although the Environmental Protection Agency has tested more than 15,000 air samples in the area and has not detected any dangerous substances, they have also stated that, “There’s no way you can be working in that toxic soup without getting exposures.”

Determining the health risks can be difficult because of unknown factors, such as a lack of information relating to the makeup of the chemicals being used to disperse the oil and how it might affect the toxicity of the oil. Chemicals, such as Benzene, can cause cancer at high levels and in long exposures. Less severe symptoms caused by Benzene and other substances in the oil, include skin irritation, headaches, dizziness, nausea, burning eyes, breathing problems and neurological complications including memory problems, confusion and disorientation.

It’s been reported that worrisome substances that become airborne will dissipate before it reaches the shore, reducing the risk to residentsl however, it’s still unknown what will happen with the oil that is traveling underwater. The oil could pose a risk to human health by getting into the food chain.

If you have suffered a physical or financial injury as a result of the BP oil spill, please contact us immediately to discuss your legal rights.

BP and Its Contractors Face an Array of Legal Issues

2010-06-01T17:25:52Z

BP and its contractors are facing hundreds of lawsuits filed by Fisherman and property owners along the Gulf Coast.

]]> Transocean, the owner of the Deepwater Horizon drilling rig that exploded in April, has asked a judge to limit claims against it to $27 million pursuant to an 1851 law that limits liability. More than 100 claims against Transocean have been suspended until that issue is decided.

Similarly, the Oil Protection Act of 1990, passed after the Exxon Valdez spill, caps an oil company’s liability at $75 million plus the cost of cleanup. This cap is already under attack in Washington; however, Senate Republicans blocked two recent attempts to raise the cap from $75 million to $10 billion.

Because many believe that the $75 million cap will not be enough to protect those who have been damaged by the oil spill, the debate has been revived as to whether there should be caps on economic damages in lawsuits.

Evidence Suggests Signs of Trouble Before the BP Oil Rig Explosion

2010-05-26T19:09:29Z

Hours before the Deepwater Horizon oil rig exploded in the Gulf of Mexico in April, there were strong warning signs that something was terribly amiss with the well.

There were several “red flags” that suggested a potential sign of an impeding blow out, according to a memorandum addressed to the House Committee on Energy and Commerce from BP. One of the red flags included several equipment readings suggesting that gas was bubbling into the well. Another red flag was a critical decision, 24 hours prior to the explosion, to replace heavy mud in the pipe rising from the seabed with seawater, which possibly increased the risk of an explosion.

]]> Drillings logs indicate that shortly after midnight on the morning of the explosion, attention had turned to temporarily plugging and capping the well so the rig could disconnect and move to another job. Halliburton, one of BP’s contractors, had been responsible for plugging the well. Halliburton had also been hired to cement each new segment of the well into place. Questions have been raised, however, about the cementing services provided by Halliburton.

Additionally, BP indicated that there might have been some problems with the blowout preventer at least 5 hours before the explosion. The blowout preventer is the stack of valves and rams on the seafloor designed to seal off the well in case of an emergency. Finally, it was noted that two hours before the explosion, a series of tests indicated “a very large abnormality,” and that workers might have made a “fundamental mistake” in ignoring it.

Although these findings are preliminary, they are helpful in determining who is responsible for the accident on April 20 that took 11 lives and has caused a massive torrent of oil to pour into the gulf, affecting people and businesses alike.

If your business has been affected as a result of the Gulf oil spill, please contact us immediately to discuss your legal rights.

Fishery Disaster Declared as a Result of the Gulf Oil Spill

2010-05-25T15:46:54Z

Due to the Gulf oil spill’s economic impact on commercial and recreational fisheries, a “fishery disaster” in Louisiana, Mississippi and Alabama has been declared by US Commerce Secretary Gary Locke.

]]> Locke stated that the government is “taking this action today because of the potentially significant economic hardship this spill may cause fisherman and the businesses and communities that depend on those fisheries.” Approximately 20% of the federal waters in the Gulf of Mexico have been closed to commercial and recreational fishing.

The National Oceanic and Atmospheric Administration is requesting unemployment coverage for the Gulf oil disaster, and the Small Business Administration is offering economic injury disaster loans to help fisherman and other affected businesses. The administration expects, however, that BP and other responsible parties will cover the full costs of economic damages to these fisheries.

If your business has been affected as a result of the Gulf oil spill, please contact us immediately to discuss your legal rights.

BP Oil Spill Causes Illnesses in Workers

2010-05-24T14:58:34Z

As a result of the BP oil spill in the Gulf of Mexico in April, fisherman, residents, volunteers, and other workers are being exposed to dangerous chemicals on a daily basis. BP estimates that its underwater siphon is drawing about 5,000 barrels per day; however, others have estimated that the spill could be as big as 20,000 to 100,000 barrels a day.

]]> BP had been spraying hundreds of thousands of gallons of chemical dispersants on the surface and near the surfaces of the leak. Fishermen working in the Gulf to clean up this massive spill have reported health problems such as coughing, feeling weak, disoriented, tingling feelings, and a popping sensation in the ears. After feeling ill, one fisherman was told by a doctor that his lungs looked like those of a three –pack-a-day smoker, even though he has never smoked. Marine toxicologists have said that “the chemicals used by BP can wreak havoc on a person’s body and even lead to death” because they can act like a narcotic on the brain.

Because of these health concerns to people who are working to clean up the Gulf oil spill, a Louisiana Congressman has asked the White House to set up temporary health care clinics in the area.

If you have suffered adverse problems caused by inhalation or exposure to the oil, please contact us immediately to discuss your legal rights.

Police Officers Owed Pay for Time Spent Putting on Uniform & Equipment? Perhaps.

2010-05-21T16:24:33Z

A recent decision in the district of Colorado furthers the debate on whether the time that police officers have to spend putting on their uniforms and safety equipment is compensable work time. In the case of Rogers v. City and County of Denver, the district court judge denied the defendant’s motion for summary judgment and specifically held that time spent by patrol officers “donning and doffing” the equipment and uniform that are explicitly prescribed in the operations manual for the officers is compensable work time. The fact that the officers were not mandated to dress at the office and were permitted to get prepared at home was ultimately not viewed to be a determinative factor.

]]> The Portal-to-Portal Act of 1947 established that employers were not obligated to pay their employees for time spent traveling to and from work and for any activities that employees needed to do immediately before/after the primary duties of their job. In 1956, however, the Supreme Court in Steiner v. Mitchell held that certain activities done before or after a work shift that are an “integral and indispensable part” of the principal work activities are, in fact, compensable, with the exception of travel time. For meat and poultry employees, this has meant that the time spent changing into their protective gear and walking to the production area from the changing room is compensable time.

For police officers though, the determination on whether “donning and doffing” their uniform and protective gear is compensable has been inconsistent among the courts. Recently, the Ninth Circuit in Bamonte v. City of Mesa has ruled that putting on and taking off required uniforms and gear does not constitute compensable work for police officers when they partake in such activities at home. However, notably in that case, the officers didn’t explicitly argue that regardless of where they put on the equipment, it was done for the employer’s benefit. The Northern District of California seems to be of the opinion that so long as police officers are donning the protective equipment at work, it is compensable (Lemmon v. City of San Leandro), but if they get prepared at home it is not (Martin v. City of Richmond).

The importance of Rogers then is that the court was not persuaded by the defendant’s argument that the officers should not be compensated because some of them got prepared at home. As the court seemed to stress, the police officers were not seeking compensation for the travel time to/from work after the equipment was on, just the time actually spent putting it on and taking it off, and whether that occurs at home or in the police locker room should make no difference.

If you're a police officer or have a similar question regarding whether time spent "donning and doffing" is compensable, then please let Pogust Braslow & Millrood evalutate your potential case. As always, all communications are confidential, so please feel free to contact us for a free consultation.

Viagra and Hearing Loss

2010-05-19T13:31:11Z

Results from a new study support the link between Viagra and the increased risk of long-term hearing loss in men taking the drug. The study, which is being published in the May 18, 2010, issue of the Archives of Otolaryngology-Head and Neck Surgery, also suggests an increased risk posed by other similar phosphodiesterase type 5 inhibitors (PDE-5i) drugs, such as Cialis and Levitra.

]]> The study’s author, Gerald McGwin, Ph.D., who is a professor of epidemiology in the University of Alabama School of Public Health, explains that:

PDE-5i medications work in ED patients by their ability to increase blood flow to certain tissues in the body. It has been hypothesized that they may have a similar effect on similar tissues in the ear, where an increase of blood flow could potentially cause damage leading to hearing loss.

See article in Science Daily. Dr. McGwin adds that the study appears to warrant the hearing loss warnings that currently appear on Viagra’s labeling, which were strengthened in 2007 in response to a request by the FDA.

If you or someone you close to you has a history of taking Viagra, Cialis, or Levitra, or any generic version, and has experienced permanent hearing loss, and if you are interested in finding out whether there is a potential legal claim for damages, please contact our law firm