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Archive for the ‘Lawsuits’ Category

SEATTLE, WA – Washington State Attorney General Rob McKenna filed suit against California Corporation, DirecTV over the company’s ‘unconscionable business practices.’ The AG’s office recieved hundreds of complaints this year alone. In fact, the number of complaints were ‘off the chart’ – 355 complaints so far this year.

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Customers respond to an ad saying that they can get 150 channels for 29.99 per month for 12 months. But in order to get this price customers must mail in a rebate form right away (within 60 days). If they don’t, then they will be charged a higher price. The contract with DirecTV is for 2 years. If customers cancel before 24 month period they get slapped with a $480 cancellation fee.

McKenna says that the terms and conditions are in the ads but you’d need a magnifying glass to read them because they are buried in the fine print at the bottom of the page.

Assistant Attorney General Paula Selis has been preparing this case for more than a year. She says you only get that $29.99 price if you mail in for a rebate, and only if you do it right away. But when customers miss the 60-day deadline she says that people lose the right to do that at all. If they don’t do it in 60 days then they don’t get the rebate price plus they they get the higher price for the full 24 months of their contract.

McKenna says that this is what they call unconscionable business practices, where you’re not treating your customers fairly, adding that “The contract is so one-sided that it shouldn’t be permitted under the law.”

The Attorney General wants to hear from DirecTV customers who are unaware that they could file a claim with the AG’s office. Customers can learn more about filing a complaint from their website: http://www.atg.wa.gov/FileAComplaint.aspx

Readers can view the court documents from this link: download the PDF

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Carly Simon Sues Starbucks

Carly Simon has hired big time lawyer, David Boies, in order to sue coffee magnate Starbucks for non promotion of her latest 2007 album This Kind of Love on their Hear Music label. The New York Times reports Simon claims Starbucks failed to properly promote her album as promised.

Simon blames Starbucks’ mismanagement for the record’s weak sales (which total 124,000 copies), claiming the company reneged on promises to prominently feature the record in stores and stock it in the thousands of Starbucks across the country.

According to Rock & Roll Daily five days before This Kind of Love was released on April 29th, 2008, Starbucks announced that they were “refining their entertainment strategy” and placed Hear Music, which counts Paul McCartney’s Memory Almost Full amongst its most successful releases, under the control of Concord Music Group, Rolling Stone reported last year. Simon believes that move resulted in the lack of promotion for This Kind of Love, an album that Simon had hoped would be successful enough that she could stop recording, the singer told the New York Times.

However, due to the album’s failure, Simon has been forced to continue her career, and now she’s struggling to find and pay producers in addition to other financial woes stemming from losses in the stock market and real estate troubles.

Simon also states that  Starbucks initially promised an advance of $750,000 to $1 million for the album, but after the contract was drawn up that figure was scaled back to $575,000. Simon says she fronted $100,000 to record This Kind, and alleges that she didn’t even receive the entirety of that advance. According to the New York Times, Simon is seeking between $5 and $10 million for Starbucks’ “concealment of material facts,” “tortious interference” and “unlawful, unfair and fraudulent business practices.”

Dan Rather Lawsuit vs CBS dismissed

Looks like Dan Rather’s lawsuit against CBS has come to an end.

According to Reuters Rather’s lawsuit against CBS  in which Rather claimed he was made a scapegoat in a scandal over a 2004 report on then-President George W. Bush’s military record, was dismissed by a New York state appeals court on Tuesday.

The ruling was made on Tuesday by a panel of judges of the New York State Supreme Court Appellate Division who said Rather’s $70 million complaint should be dismissed in its entirety and that a lower court erred in denying CBS’s motion to throw out the lawsuit.

Rather sued CBS, parent of the CBS television network, Viacom and others in September 2007, claiming he had been made a scapegoat to “pacify the White House.” CBS was part of Viacom until the companies split in 2006.

Rather claimed in his lawsuit that CBS breached his contract by not giving him enough on-air assignments after he was removed as anchor of the “CBS Evening News” in March 2005.

The appeals court ruled he failed to sufficiently support his claim that he lost business opportunities due to CBS’s failure to release him to seek other employment.

Looks like CBS lawyers did their job.

Big Ben Roethlisberger Steelers QB

Ben Roethlisberger’s lawyer claims that the  sexual assault lawsuit against his client is fraudulent  and he wants the judge to throw the book at her lawyer for filing a “frivolous and abusive” lawsuit.

Andrea McNulty accused the Pittsburgh Steelers’ QB of sexually assaulting her at a Lake Tahoe hotel in July, 2008. She waited a year later to file a civil lawsuit.

Roethlisberger’s lawyer filed new legal papers claiming McNulty’s attorney knew or should have known his client’s suit was bogus. Ben Roethlisberger wants McNulty’s lawyer formally sanctioned by the judge — which, among other things, could mean he would have to pay Roethlisberger’s attorney’s fees.

Roethlisberger’s lawyer says the suit is “designed to harass and embarrass him [Big Ben] and countless other individuals,” adding the explicit content in her lawsuit is designed “to stir the prurient interests of the media and public.”

Roethlisberger’s lawyer says even a casual investigation of the facts would have proven McNulty to be a liar. Among other things, Roethlisberger’s lawyer claims McNulty told a co-worker she wanted to have sex with Ben and she wanted him to get her pregnant. She also allegedly sent an email less than 24 hours after her sexual encounter with Ben, stating she was looking forward to having dinner with him.And there’s this — Ben’s lawyer cites a letter written by McNulty’s attorney, which reads in part: “Our client is currently struggling with whether or not she wants to come forward and seek criminal prosecution of the celebrity.”Ben’s lawyer wants the judge to throw the book at his legal adversary.

TMZ contributed to this story.

Washington Redskins

Last Oct. 8, the Redskins sued Pat Hill, a 72 year old grandmother, in Prince George’s County Circuit Court for backing out of a 10-year ticket-renewal agreement after the first year. In the lawsuit the Redskins sought payment for every season through 2017, plus interest, attorneys’ fees and court costs.

Due to hard economic times, loyal Washington Redskins’ fan, Pat Hill, from Alexandria VA., can’t afford to pay for her season tickets anymore.

Hill is a real estate agent and loyal fan of the Washington Redskins and has  had season tickets since the early 1960s.

Because Hill  could not afford a lawyer, the Redskins ended up winning a default judgment of $66,364.

Hill says, that the judgment is now forcing her into bankruptcy.

“It really breaks my heart,” Hill said. I don’t even believe in bankruptcy. We are supposed to pay our bills. I ain’t trying to get out of anything.”

According to the Washington Post, Redskins General Counsel David Donovan said the lawsuits are a last resort that involve a small percentage of the team’s 20,000 annual premium seat contracts. He added that the team has accommodated people in hard-luck circumstances hundreds of times.

“The Washington Redskins routinely work out payment plans and alternate arrangements with hundreds of ticket holders every year,” Donovan said. “For every one we sue, I would guess we work out a deal with half a dozen.”

Donovan said he was unaware of Pat Hill’s case.

Carrie Perjean files lawsuit aganst Miss California organization

Former Miss California  Carrie Prejean has just filed a lawsuit against the Miss California organization in L.A. County Superior Court. Carrie Prejean claims that the people behind Miss California USA forced her out because of her religious beliefs.

Miss Prejean has named Keith Lewis and Shana Moakler, the pageant organizers, as well, saying she experienced slander, libel, public disclosure of private facts, religious discrimination, intentional infliction of emotional distress, and negligent infliction of emotional distress.

Prejean was fired from her post as Miss California USA back in June 2009, one month after she answered whether she believed in gay marriage, a question asked by judge, Perez Hilton at the Miss USA competition.  Perjean stated that she believed that marriage was between a man and a woman according to her beliefs, an answer that was not acceptable to Hilton.

Prejean claims in the lawsuit that officials tried to “set up Prejean to have her dismissed as Miss California USA by asking her to do a Playboy photo shoot for $120,000.”

Find:

California discrimination lawyers
Los Angeles discrimination lawyers

David Copperfield

Magician David Copperfield has been sued for sexual assault by a  former Miss Washington USA contestant.

According to The Seattle Times, the 22 year old fashion model says that she met Copperfield during a January 2007 performance in Kennewick, WA and that same year she was invited to be a guest on his private island in the Bahamas.

It is there that she claims that Copperfield sexually assualted her and threatened her.

Lawyers for Copperfield, Angelo Calfo and Patty Eakes deny the allegations stating:

“This woman, who filed the lawsuit, has a history of lying … She has lied to law enforcement before and, as a result, had innocent people arrested based on a false accusation … she is incapable of telling the truth.

This lawsuit is extortion for money, plain and simple. Unfortunately, false claims like this only hurt the women who really have been abused, women who really need our help.”

There have been no criminal charges filed regarding this matter.

The lawsuit was filed on July 29 in federal court in Seattle against David Seth Kotkin, David Copperfield’s given name. That date was the deadline for a two-year statute of limitations.

Locate A Lawyer is an attorney directory where one can find a lawyer by practice and location. Here you can find Seattle criminal defense lawyers.

Michael Jackson and Arnold Klein

According to TMZ – Dr. Arnold Klein, Michael Jackson’s doctor, has been sued for eviction from his Beverly Hills medical offices.

Documents were filed August 6 in L.A. County Superior Court aganst Dr. Klein stating that he failed to pay July rent, totaling $28,515.69. The lawsuit alleges the owners of the building gave Klein the first 5 days of August to make good on his rent, but the doc didn’t so the landlord sued for eviction.

However,  Dr. Klein did finally pay his back rent. The landlord’s lawyer told TMZ that Dr. Klein paid the back rent on August 10 and the landlord’s lawyer will dismiss the case this week.

The L.A. County Coroner has requested files from Dr. Klein on Michael Jackson’s treatments at his office.

TMZ left word with Dr. Klein’s  lawyer but so far no comment.

Locate A Lawyer is an attorneys directory where one can find a lawyer by practice and location. Here you can find Beverly Hills real estate attorneys.

John Edwards and ex mistress Rielle Hunter

Lawyer and former U.S. Senator, John Edward’s may finally admit that he is the father of his former mistress  Rielle Hunter’s child.

It is no secret that John Edwards had an affair with Rielle Hunter during his presidential run in 2008, because he was finally caught in a media scandal showing his visit in July 2008   to Hunter and the baby at the Beverly Hills Hilton.

The National Enquirer initially broke the story.

However,  Edwards never admitted to being the father of the baby. In fact he has always denied that he was the father stating his relationship with Hunter ended before the child was conceived.

In fact Edwards may have no other choice but to admit paternity since his former aide Andrew Young,  who initially claimed to be the father of Hunter’s child, now denies it.  Young is reportedly writing a tell all book in which he will state Edwards is the father.

John Edwards is being criminally investigated by a Federal grand Jury as to whether his campaign funds were illegally paid to Hunter in order to keep her quiet about the affair.

Hunter spent nine hours last Thursday at the federal courthouse in Raleigh, where the grand jury was meeting. She brought her daughter, Frances, with her.

John Edward’s wife, Elizabeth, is still battling stage 4 metastatic breast cancer and continues treatment.

Locate A Lawyer is an attorney directory where one can find a lawyer by practice and location. Here you can find criminal defense lawyers.

Monroe College

Trina Thompson, graduate from Monroe College in the Bronx, NY has filed a lawsuit against the school for $70,000 tuition plus $2,000 for stress during her job search. Ms. Thompson graduated back in April, 2009 with an undergraduate degree in Business Administration with information technology. She claims that the school’s Office of Career Advancement did not assist her with finding a full-time job placement.

According to the story in The New York Post, “They have not tried hard enough to help me,” adding that she was also suing because of the stress she had been under. The story goes on further to say, “Thompson graduated with an undergraduate degree in Business Administration with information technology, and a 2.7 Grade Point Average. Now she says that her college should reimburse her for $70,000 in tuition fees and $2,000 for the stress of her job search. She also claimed that the careers office gave preferential treatment to students with higher grades.”

“She’s angry,” Thompson’s mother, Carol told the NY Post. “She’s very angry at her situation. She put all her faith in them, and so did I. They’re not making an effort.”

Ms. Thompson lives together with her mother. They say they are struggling to get by. Ms. Thompson’s mother, who works as a substitute teacher, has been the only breadwinner.

“This is not the way we want to live our life,” the mother states. “This is not what we planned.”

To make matters worse, as if being unemployed weren’t enough, Ms. Thompson’s student loans are coming due, saddling the family with more debt, the mother said.

“We’re going to be homeless, and we’ll still have a student loan to pay,” she said.

Monroe College insists it helps graduates in their careers.

“The lawsuit is completely without merit,” school spokesman Gary Axelbank said. “The college prides itself on the excellent career-development support that we provide to each of our students, and this case does not deserve further consideration.”

The college’s Office of Career Advancement advertises lifetime free service for graduates, and states on the school’s Web site: “We have many resources available for students at any stage of their college career, and even after graduation.”… “Whether preparing for a career or simply need a part-time job, the Monroe College office of Career Advancement provides expert advice and valuable services to help you.”

The College has emphasized that Ms. Thompson has only been looking for a job for three months. They released a statement, saying that “while it is clear that no college, especially in this economy, can guarantee employment, Monroe College remains committed to working with all its students, including Ms. Thompson, who graduated only three months ago, to prepare them for careers and to support them during their job search.”

Locate A Lawyer is an attorney directory where one can find a lawyer by practice and location. Here you can find business attorneys & lawyers.