Attorney Blog

USERRA Suit Settled By Reservist

robert@robertabelllaw.com (Blog Author)27823 — Sun, 07 Mar 2010 08:00:00 EST

USERRA, the Uniformed Service Employment and Re-Employment Act of 1994, makes in unlawful to discharge an employee based on their military service obligations. A Lawton, Oklahoma Army Reservist, David Ellis, has settled his USERRA suit against Goodyear Tire and received the back paid due him reports The Oklahoman, "Goodyear, Soldier Settle Job Lawsuit."

USERRA has previously been reported on by Robert Abell Law on this blog, see USERRA Win By National Guardsman and USERRA Suit Against Continental Airlines.

If you believe that your rights under USERRA have been violated, contact Lexington, Kentucky employment lawyer Robert Abell at 859-254-7076.

Bicyclist Rendered Paraplegic Settles Injury Suit

robert@robertabelllaw.com (Blog Author)27822 — Sun, 07 Mar 2010 08:00:00 EST

A bicyclist rendered paraplegic when struck by a tour bus has settled his bicycle accident lawsuit. John Henderson, a tri-athlete, was struck by a tour bus while riding his bicycle, thrown some 90 feet suffering numerous major injuries resulting in his hospitalization for over three months and rendering him paraplegic. His medical bills were said to exceed $700,000 and are projected to be very substantial over the remainder of his life.

Source: Honolulu Star-Bulletin

If you have been injured in a bicycle accident caused by someone else's negligence or recklessness, contact Lexington, Kentucky bicycle accident attorney Robert Abell at 859-254-7076.

Family of Bicyclist Files Wrongful Death Suit

robert@robertabelllaw.com (Blog Author)27821 — Sun, 07 Mar 2010 08:00:00 EST

The family of a bicyclist killed when a heavy duty truck turned right in front of the bicyclist has filed a wrongful death suit. The family claims that the truck turned right without signaling and negligently failed to assure that there were no oncoming cyclists or pedestrians. The trucking company claims that the bicyclist was unlawfully attempting to pass the truck while riding in the parking lane.

Source: Baltimore Sun

If you or a family member have been injured in a bicycling accident caused by someone else's negligence or recklessness, contact Lexington, Kentucky bicycle accident attorney Robert Abell at 859-254-7076.

Misrepresentation of Severance Benefits Leads to Suit

robert@robertabelllaw.com (Blog Author)27600 — Tue, 02 Mar 2010 08:00:00 EST

Misrepresentation of plans to offer severance benefits can violate an employee's rights. A former Xerox employee has filed suit claiming that she was wrongfully denied opportunity to participate in the company's voluntary reduction-in-force programs. Becky McCartney claims that she lost $170,000 in severance benefits that were offered one month after she retired. She was told, prior to her retirement announcement, that the company would not offer future severance packages and, as a result, she decided to go ahead and retire, a decision that cost her $170,000, the suit claims.

Source: Rochester Democrat & Chronicle

If you have been denied severance benefits as a result of misrepresentations, call Lexington, Kentucky employment lawyer Robert Abell at 859-254-7076.

Administrative Assistant Files Suit for Unpaid Overtime

robert@robertabelllaw.com (Blog Author)27596 — Tue, 02 Mar 2010 08:00:00 EST

Misclassification of an employee as exempt from overtime is one of the most common violations of federal and Kentucky state overtime laws. An example of this type of case is found in the recent suit filed by an adminstrative assistant at the Blackstone Group, a private equity group. The suit claims that she was wrongly classified as exempt from overtime while being labeled as the "lead administrative assistant." It seeks certification as a class action on behalf of all employees misclassified as exempt from overtime.

Source: Reuters

Whistleblower Suit Settles for $15.4 Million

robert@robertabelllaw.com (Blog Author)27532 — Mon, 01 Mar 2010 08:00:00 EST

Defrauding the federal government by overcharging for construction materials has resulted in a $15.4 million settlement.
A whistleblower lawsuit under the False Claims Act was filed by Donald Farrow accusing a number of companies and individuals of overcharging the federal government for construction materials by bid-rigging and price-fixing marine hose and marine fenders sold to the Navy and other agencies. The case was settled for $15.4 million.

Whistleblowers under the False Claims Act stand to recover 15-25% of the sums gained by companies, corporations or individuals gained by defrauding the federal government.

Source: San Francisco Chronicle

Police Officers File Discrimination & Retaliation Suit

robert@robertabelllaw.com (Blog Author)27280 — Wed, 24 Feb 2010 08:00:00 EST

A discrimination and retaliation lawsuit has been filed by three Honolulu police officers. Sgt. Sherman Dowkin, the only African-American supervisor in his district, and officer Federico Delgadillo, the only Mexican-American officer in his district, claim that they were discriminated against based on their race, citing repeated failures to provide backup and frequent use of racial slurs including "p?polo," "wetback," "beaner" and "big-nosed Mexican." The third officer, Cassandra Bennett-Bagorio, claims that she suffered retaliation after she spoke out against the treatment of Dowkin and Delgadillo.

Source: Honolulu Advertiser

$18.5 Million Verdict In Drunk Driving Case

robert@robertabelllaw.com (Blog Author)27014 — Sat, 20 Feb 2010 08:00:00 EST

Catastrophic injuries that left a Colorado man a functioning paraplegic caused by a drunk driver resulted in a jury verdict $18.5 million in damages. Paul Savage, age 46, of Idaho Springs, Colorado was changing the oil in his wife's car in their driveway when he was hit by a car operated by a drunk driver whose license had been suspended. Mr. Savage's injuries have left him a functional paraplegic, have caused him to incur $4.3 million in medical bills and he faces $4.9 million of future medical bills. A jury returned a more verdict of $18.5 million damages.

Source: Denver Post

Lexington Kentucky accident lawyer Robert Abell represents individuals and families in car accidents and by drunk drivers.

Health Insurers Reimbursement Rates Target of Class Action

robert@robertabelllaw.com (Blog Author)27012 — Sat, 20 Feb 2010 08:00:00 EST

What are the usual, customary and reasonable rates for which health insurance company will reimburse their insureds for services provided by an out of network doctor or hospital? A class action lawsuit filed in Florida claims that health insurance companies artificially and wrongfully deflate these reimbursement rates, thus costing consumers and families millions of dollars annually.

Last year New York Attorney General Andrew Cuomo reached a settlement of a lawsuit regarding the reimbursement rates paid by health insurers, after a study showed that they were routinely paid at rates 10% to 28% lower than their actual costs to insured families. For instance, an example mentioned in the lawsuit was an MRI for which Blue Cross reimbursed $419, although it's actual cost to the patient was $1281.

Source: Palm Beach Post

Patient Safety Endangered By Prosecution of Whistleblowing Nurse

robert@robertabelllaw.com (Blog Author)26889 — Wed, 17 Feb 2010 08:00:00 EST

Patient safety took a blow recently when a nurse in Texas, Anne Mitchell, reported a doctor to the Texas Medical Board for endangering patients. Although her reports were well-founded, she was, nonetheless, criminally prosecuted for alleged "misuse of official information." A jury acquitted her of this charge. Still her prosecution could deter other whistleblowers from making similar reports and protecting patients as this editiorial in the El Paso Times explains: "Nurse Acquitted: But Trial Could Impact Patients, Profession."

Unpaid Overtime and Wages $2.75 Million Settlement

robert@robertabelllaw.com (Blog Author)26789 — Tue, 16 Feb 2010 08:00:00 EST

An unpaid overtime and wages class action lawsuit brought on behalf of forestry industry workers has resulted in a settlement of $2.75 million. The suit was brought on behalf of some 2200 migrant workers against Superior Forestry Service, Inc. and alleged violations of the Fair Labor Standards Act and the Migrant Workers Act. In addition to the wages and overtime, the company will be required to cover the attorney's fees and administrative exec expenses of the workers' lawyers in total of about $722,000.

Source: Chicago Tribune

Tort Reform Seeks to Limit the Ability of Trial Juries to Level the Playing Field

robert@robertabelllaw.com (Blog Author)26596 — Thu, 11 Feb 2010 08:00:00 EST

Tort reform is anti-democratic and seeks to limit the ability of trial juries to level the playing field between corporations, insurance companies and other powerful institutions and the families and individuals they harm argues Andrew Cohen in a persuasive blog post, "Tort Reform Is Anti-Democratic and Ingeniously Marketed," on Atlantic Online.

Cancellation of Insurance Leads to $37 Million Verdict

robert@robertabelllaw.com (Blog Author)26336 — Sun, 07 Feb 2010 08:00:00 EST

Cancellation of a woman's health insurance after she was injured in a car wreck and incurred $185,000 in medical bills has led to a $37 million verdict against Assurant Health. Jennifer Latham, a former preschool teacher, was seriously injured in a car wreck and sustained some $185,000 in medical bills. Assurant Health then cancelled her health insurance and claimed that she had failed to report an earlier emergency room visit for shortness of breath and a treatment for uterine prolapse. The jury trial took place in Boulder, Colorado.

Source: Denver Post

Lexington, Kentucky insurance lawyer Robert Abell represents individuals and families in insurance claims cases.

Fifth Third Bank Sued Over Overdraft Fees

robert@robertabelllaw.com (Blog Author)26335 — Sun, 07 Feb 2010 08:00:00 EST

A consumer protection class action lawsuit claims that overdraft fees imposed by Fifth Third Bank are unlawful and violate contracts between customers and the bank. The suit claims that Fifth Third Bank manipulated customers' balances to create an overdraft situation and failed to fully and properly disclose its overdraft policies.

Source: Cincinnati Enquirer

Whistleblower Suit Filed by Fired Mining Director

robert@robertabelllaw.com (Blog Author)26334 — Sun, 07 Feb 2010 08:00:00 EST

Claiming that he was wrongfully terminated for complaining when his supervisors improperly approved applications for coal mining permits former Kentucky mining permit director Ron Mills filed a whistleblower lawsuit last week in Franklin Circuit Court. Mills claims the permits were issued in violation of applicable state law and regulations. He seeks recovery of lost wages, compensatory damages for embarassment and humiliation and punitive damages.

Source: Courier-Journal

Retaliation Victim Wins $1.5 Million Verdict

robert@robertabelllaw.com (Blog Author)25714 — Tue, 26 Jan 2010 08:00:00 EST

It is a violation of both federal and Kentucky state law to retaliate against an employee based on the information he or she discloses during the course of a sexual harassment investigation.

Vicky Crawford, a former 30 year employee of the Nashville Metropolitan Schools, was fired after she disclosed during a sexual harassment investigation that a supervisor had engaged in other acts of sexual harassment. The United States Supreme Court ruled last year in Crawford v. Metropolitan Govt. of Nashville that her firing in these circumstances was unlawful retaliation. (click here to read the Supreme Court's opinion).

A federal court jury returned a verdict of $1.5 million in Crawford's favor on Monday, January 25, 2010. The verdict included compensatory damages, back pay and lost future wages.

The Nashville Tennessean reports on the case: "Nashville Schools Employee Who Was Fired Is Awarded $1.5 Million."

You can also read more about the case on the Kentucky Employment Law Blog post by Robert Abell: "Retaliation Protections Applicable to Employee Providing Information In Internal Investigation."

Workers Compensation Insurance Fraud Case Settled for $20 Million

robert@robertabelllaw.com (Blog Author)25711 — Tue, 26 Jan 2010 08:00:00 EST

A staffing company that provides temporary workers has settled a workers compensation insurance fraud case for $20 million. The staffing agency, Staffing Services, Inc., was charged by the California Insurance Commissioner with underreporting the number of employees and misrepresenting their job duties so they would have to pay lower workers compensation insurance premiums.

Source: Los Angeles Times

Lexington, Kentucky workers compensation lawyer Robert Abell represents injured workers in workers compensation claims and cases.

Firefighter Claims Retaliation For Prior Successful Race Bias Suit

robert@robertabelllaw.com (Blog Author)25061 — Thu, 14 Jan 2010 08:00:00 EST

A firefighter in Philadelphia has filed a retaliation lawsuit claiming he was retaliated against by the fire department's top brass over his prior, successful race discrimination suit. The fireman's prior suit resulted in a $275,000 settlement and changes in the department's hiring and promotions procedures.

Source: Philadelphia Inquirer

Lexington, Kentucky employment lawyer Robert L. Abell represents individuals in discrimination and retaliation cases.

Racial Hostile Work Environment Yields $1 Million Plus Judgment

robert@robertabelllaw.com (Blog Author)24761 — Sat, 09 Jan 2010 08:00:00 EST

Carlota Freeman, an African-American female employee for the Whirlpool Corporation, was subjected to racial and sexual harassment by a co-worker. She followed the company's procedures and reported this misconduct to four different managers who took no action. Eventually, the co-worker physically assaulted her and caused her significant and permanent injuries.

A federal district judge has entered a judgment for over $1 million in Freeman's favor based on the hostile work environment and her injuries. You can read here the Court's opinion: Freeman v. Whirlpool Corporation.

Lexington, Kentucky employment lawyer Robert L. Abell represents individuals in hostile work environment and sexual harassment cases.

Glass Ceiling Sex Discrimination Suit Settles for $19 Million

robert@robertabelllaw.com (Blog Author)24759 — Sat, 09 Jan 2010 08:00:00 EST

A sex discrimination "glass ceiling" lawsuit against Outback Steakhouse has settled for $19 million. The suit claimed that women were denied fair opportunities to advance into management positions. The money damages will be distributed through a claims process in which an administrator will write all female employees of corporate-owned Outback restaurants from 2002 to the present that have worked at least three years.

Source: EEOC

The failure to offer men and women equal opportunities to advance is called discrimination in the terms and conditions of employment, a violation of both federal and Kentucky law.

Lexington, Kentucky discrimination lawyer Robert L. Abell represents individuals in glass ceiling and sex discrimination cases. See the prior posts on this blog, "Proving the 'Glass Ceiling" and Sex Discrimination," and this article: "Sex Discrimination - Breaking the Glass Ceiling" and this case decided by the Sixth Circuit Court of Appeals, which covers Kentucky: Conti v. American Axle.

Fired Assessor Claims Retaliation Over Prior Discrimination Suit

robert@robertabelllaw.com (Blog Author)24742 — Fri, 08 Jan 2010 08:00:00 EST

A former assessor's office employee, who previously filed a lawsuit claiming sex discrimination and a violation of the Family Medical Leave Act, claims she was retaliated against and fired based on her lawsuit.

Source: Des Moines Register

Both federal and Kentucky state law prohibit retaliation against an employee that has reported an incident of discrimination, filed a charge of discrimination with the EEOC or a human rights commission or even filed a lawsuit claiming discrimination.

If you have suffered unlawful discrimination, contact Lexington, Kentucky employment lawyer Robert L. Abell

Cell-Phone Related Crash Results In $1.5 Million Settlement

robert@robertabelllaw.com (Blog Author)24741 — Fri, 08 Jan 2010 08:00:00 EST

A car crash caused by a city worker's negligence while talking on a cell phone resulted in a $1.5 million settlement. Silvio Obregon suffered severe and debilitating spinal cord injuries when rear-ended by a Palo Alto cify vehicle driven by Rubin Salas.

Source: San Jose Mercury-News

Lexington, Kentucky accident lawyer Robert L. Abell represents individuals and families injured in car crashes and wrecks.

Doctor's Whistleblower Suit for Medicare Fraud Settled for $800,000+

robert@robertabelllaw.com (Blog Author)24537 — Tue, 05 Jan 2010 08:00:00 EST

A doctor's whistleblower suit under the False Claims Act that Medicare was defrauded by unnecessary and unnecessary hospitalizations has been settled for $846,641. A whistleblower receives 15-25% of the settlement of a False Claims Act suit.

Source: Minneapolis Star-Tribune

Lexington, Kentucky whistleblower lawyer represents whistleblowers in False Claims Act suits.

Wage Lawsuit Settled Against Cintas

robert@robertabelllaw.com (Blog Author)23701 — Sat, 19 Dec 2009 08:00:00 EST

A $6.5 million settlement of a wage lawsuit against Cintas Corp. has been reached. The lawsuit sought unpaid wages and arose from alleged violations of Los Angeles's "living wage" ordinance. A "living wage" ordinance sets standards for wages and benefits for companies engaged in municipal contracting.

Source: Los Angeles Times

Billion Dollar Overtime Suit Filed Against AT & T

robert@robertabelllaw.com (Blog Author)23600 — Thu, 17 Dec 2009 08:00:00 EST

Misclassification of employees as exempt from overtime is a common violation of overtime laws. The job title of manager does not dictate that the position is exempt from overtime requirements.

So-called first level managers at AT & T have filed a class action lawsuits seeking more than a billion dollars of unpaid overtime from AT & T. The lawsuit claim that AT & T misclassified their positions as exempt from overtime, arguing essentially that they neither possess nor exercise enough discretion and judgment to qualify for the "executive" exemption to the overtime requirement.

Source: New York Times, Atlanta Journal-Constitution

Present and former store managers of Dollar General recovered more than $35 million in an unpaid overtime class action lawsuit last year as reported on the Kentucky Employment Law Blog, "Overtime Case Yields $35 Million To Dollar General Store Managers." The case is Morgan v. Family Dollar Stores, Inc., No. 07-12398 (11th Cir. December 16, 2008).

Lexington, Kentucky employment lawyer Robert L. Abell represents employees in overtime cases.

Race Bias Suit Settles for $8.9 Million

robert@robertabelllaw.com (Blog Author)23541 — Wed, 16 Dec 2009 08:00:00 EST

Use of racial slurs, offensive graffiti, ethnic slurs, depiction of lynchings, regular assignment to less desirable jobs and a pattern of harsher discipline led to a $8.9 million settlement in a race discrimination case against Albertsons in Colorado. The settlement will go to 168 present and former employees at Albertsons distribution center in Aurora, Colorado, who sued for race discrimination.

Source: Denver Post

Lexington, Kentucky discrimination lawyer represents individuals in race discrimination and racial harassment cases.

Social Worker Files Whistleblower Lawsuit Over Retaliatory Firing

robert@robertabelllaw.com (Blog Author)23484 — Tue, 15 Dec 2009 08:00:00 EST

A social worker in the Rowan County office has filed a whistleblower lawsuit claiming that she was fired in retaliation for reporting that some social workers were endangering children by falsifying abuse reports and alerting some homes of inspections.

The social worker, Debbie Pigman, received "good" and "highly effective" job performance ratings until she reported wrongdoing. After that supervisors began combing through her file looking for something to nitpick her about and eventually fired her, she alleges. She filed her lawsuit under the Kentucky Whistleblower Protection Act, which makes it unlawful to retaliate against a whistleblowing state employee.

Pigman is represented by Covington attorney Shane Sidebottom.

Whistleblowers To Receive $19 MIllion

robert@robertabelllaw.com (Blog Author)23483 — Tue, 15 Dec 2009 08:00:00 EST

Whistleblowers will receive $19 million of the $67.5 million recovered by the federal government from University of Phoenix parent, the Apollo Group. The lawsuit claimed that the federal government was defrauded out of financial aid payments by pay practices to student recruiters that were allegedly based on the number of students enrolled, which is against federal law.

Source: Arizona Republic

The federal False Claims Act allows suits by whistleblowers to recover monies that a company or corporation has defrauded from the federal government. The whistleblowers generally receive 15-25% of the monies recovered.

Lexington, Kentucky whistleblower lawyer Robert L. Abell represents whistleblowers in False Claims Act suits and other types of whistleblower cases.

Racial Harassment Suit Against Bahama Breeze Restaurant Settles for $1.26 Million

robert@robertabelllaw.com (Blog Author)23480 — Tue, 15 Dec 2009 08:00:00 EST

The use of racial slurs, management's mimicking of black employees and management's denial of breaks to black employees resulted in a lawsuit against the restaurant chain of Bahama Breeze that has settled for $1.26 million.

The lawsuit, which was brought on behalf of 37 employees, claimed that the restaurant's management repeatedly subjected the black employees to this type of unlawful treatment.

Source: Cleveland Plain-Dealer

Racial harassment, like sexual harassment, is against Kentucky and federal law. If you have suffered racial harassment or a hostile work environment based on race, call Lexington, Kentucky discrimination lawyer Robert L. Abell.

Police Officer's Harassment Case Settles for $230,000

robert@robertabelllaw.com (Blog Author)23479 — Tue, 15 Dec 2009 08:00:00 EST

A police officer subjected to sexual harassment and physically injured by a serial sexual harasser has settled her lawsuit for $230,000.

The police officer, Pilar Ortiz-Buckley, claimed that the city's public works supervisor, whom she characterized as a "serial sexual harasser," subjected her to salicious remarks and grabbed her in a break room, injuring her back and making it impossible for her to wear her necessary police belt and equipment. The police officer was employed by the Atherton, California police department.

Source: San Jose Mercury-News

Lexington, Kentucky sexual harassment lawyer Robert L. Abell represents individuals in sexual harassment cases.

Nursing Home Abuse Case Yields $7.75 Million Verdict

robert@robertabelllaw.com (Blog Author)23395 — Mon, 14 Dec 2009 08:00:00 EST

After noticing bruises on their family member, a 71 year old stroke victim, the family reported their concerns about possible abuse to the nursing home management. After that went nowhere, the family installed a video camera in her room. It recorded her being hit, having her hair pulled and jerked around, having her fingers bent back and other abuse. A jury's verdict assessed $2.25 million in compensatory damages and $5 million in punitive damages.

Source: Ventura County Star

Nursing home abuse cases are very difficult for the family of the abused resident. If your family has been harmed by nursing home abuse, call Lexington, Kentucky lawyer Robert L. Abell.

Police Settle Overtime Case for $1.75 Million

robert@robertabelllaw.com (Blog Author)23287 — Sat, 12 Dec 2009 08:00:00 EST

Must time a police officer spends putting on and taking off his or her uniform be compensated? If such time is spent in addition to a regular 40 hour work week should it be compensated at an overtime rate? Yes, as this settlement for $1.75 million by Oakland police officers shows.

The overtime suit is known as a "donning and doffing" suit. It is one of many brought on behalf of police officers around the country seeking payment of their unpaid overtime compensation.

Source: San Francisco Chronicle

Lexington, Kentucky overtime lawyer Robert Abell represents employees in suits and claims for overtime compensation and other wages.

UPS Delivery Driver Overtime Suit Settled for $12.8 Million

robert@robertabelllaw.com (Blog Author)23162 — Thu, 10 Dec 2009 08:00:00 EST

Misclassifing employess as independent contractors and failing to pay them overtime is a violation of the federal Fair Labor Standards Act and Kentucky wage and hour law.

A class action lawsuit for unpaid overtime by delivery drivers, who were misclassified as independent contractors, against UPS Supply Chain Solutions has been settled for $12.8 million. The suit was filed in federal district court in northern California.

Source: law.com

Lexington, Kentucky overtime lawyer Robert Abell represents employees in overtime and wage suits and claims. If you are owed overtime, contact us at 859-254-7076.

Paralyzed Motorcyclist Awarded $44.9 Million By Jury

robert@robertabelllaw.com (Blog Author)23091 — Tue, 08 Dec 2009 08:00:00 EST

A motorcyclist paralyzed when hit by a negligently operated car was awarded $44.9 million by a Lee County, Florida jury late last week. Gerald Aloia was hit by a car when riding his motorcycle in October 2006 and, as a result, was paralyzed.

Source: Fort Myers News-Press

Lexington, Kentucky accident lawyer Robert Abell represents individuals injured in motorcycle and car accidents.

Unpaid Overtime and Missed Breaks Suit Against Wal-Mart Settles for $40 Million

robert@robertabelllaw.com (Blog Author)22964 — Sun, 06 Dec 2009 08:00:00 EST

Missed meal and rest breaks, unpaid overtime, forcing employees to work off the clock and alteration of time cards has resulted in a $40 million settlement in a wage and overtime class action lawsuit against Wal-Mart in Massachusetts.

This case is similar to other wage and overtime class action lawsuits against Wal-Mart settled in this last year as this blog has previously reported: Missed Breaks & Unpaid Wages Class Action Lawsuit Against Wal-Mart Settles, Meal Break Suit Against Wal-Mart Settled for $3 Million.

Source: Boston Globe

Lexington, Kentucky overtime and wages lawyer Robert Abell represents employees in unpaid wages and overtime claims and cases.

$51 Million Paid Out In Pension Benefits Case

robert@robertabelllaw.com (Blog Author)22961 — Sun, 06 Dec 2009 08:00:00 EST

$51 million will be paid out in an employee pension benefits case. The class action lawsuit on behalf of employees of AK Steel arose from errors in the calculation of their lump sum pay-outs.

Source: Cincinnati Enquirer

Lexington, Kentucky employment lawyer Robert Abell represents individuals and employees in pension and pension benefits cases.

$89 Million Drunk Driving Verdict

robert@robertabelllaw.com (Blog Author)22960 — Sun, 06 Dec 2009 08:00:00 EST

$89 million was awarded by a jury in its verdict in a drunk driving case. Dennis Riegel Jr., age 28, was killed in a head-on collision caused by a drunk driver, who was driving on a hardship license arising from a previous drunk driving conviction. Riegel's pregnant fiancee was injured in the collision.

Source: St. Louis Post-Dispatch

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured in accidents and car wrecks.

Retaliation Verdict for Doctor of $3.1 Million

robert@robertabelllaw.com (Blog Author)22665 — Mon, 30 Nov 2009 08:00:00 EST

A doctor, Kristina Gertszten, a radiation oncologist, reported gender discrimination at the University of Pittsburgh Cancer Institute. She claimed that she was retaliated against when the hospital twice failed to hire her as a medical director.

A federal court jury found that Dr. Gertszten had been retaliated against for reporting sex discrimination. The jury's verdict included $200,000 in compensatory damages, the maximum of $300,000 in punitive damages, about $1.5 million in back pay and $827,292 in lost future income or "front pay."

Source: Pittsburgh Post-Gazette

Lexington, Kentucky employment lawyer Robert Abell represents individuals in discrimination and retaliation cases.

Firefighter Captain Settles Disability Discrimination Suit

robert@robertabelllaw.com (Blog Author)22664 — Mon, 30 Nov 2009 08:00:00 EST

A firefighter captain, who suffered a number of seizures but was medically cleared to return to work, settled her disability discrimination lawsuit for $245,000. Following a seizure and neurological tests clearing her return to work the captain was barred from resuming her employment.

Both the Americans With Disabilities Act and Kentucky law prohibit discrimination by an employer based on an employee's perceived disability.

Source: San Francisco Chronicle

Lexington, Kentucky disability lawyer Robert Abell represents individuals in disability insurance and disability discrimination lawsuits and claims.

Hospital Workers Seek Wages For Working Through Meal Breaks

robert@robertabelllaw.com (Blog Author)22352 — Tue, 24 Nov 2009 08:00:00 EST

Hospital workers at several hospitals in the Philadelphia area have filed suit seeking unpaid wages for the work they performed during what were supposed to be meal breaks. The suit claims that the hospitals' payroll systems automatically deduct a half-hour unpaid meal break from each employee's daily time card.

Source: Philadelphia Inquirer

Both federal and Kentucky state law require that an employee be paid for the time that they work; if they work through their meal break, they are required to be paid for it.

Employees have sought their unpaid wages and overtime in a number of other suits as reported before on this blog: TV Station Employees File Suit for Unpaid Overtime & Wage Violations, Unpaid Wages and Expenses Sought In Class Action Suit By Truckers, Missed Breaks & Unpaid Wages Class Action Lawsuit Against Wal-Mart Settles , Meal Break Suit Against Wal-Mart Settled for $3 Million, Interrupted Meal Breaks At Center of Overtime Class Action Suit, Overtime Lawsuit Over Missed Meal Breaks Moves Forward, Nurses File Class Action Suit for Training and Mealtime Pay.

Lexington, Kentucky employment lawyer Robert Abell represents employees in cases seeking their unpaid wages and overtime.

Sad State of Kentucky Nursing Homes Detailed In Government Report

robert@robertabelllaw.com (Blog Author)22281 — Mon, 23 Nov 2009 08:00:00 EST

Kentucky's nursing homes overall rank 15th worst in the United States with ten ranking among the worst in the nation, according to a report from the federal Government Accounting Office (GAO). The ten worst nursing homes in Kentucky according to the report are as follows:

Madison Manor (Richmond)

Britthaven (Somerset)
Cambridge Place (Lexington)
Salyersville Health Care Center (Salyersville)
Villaspring (Erlanger)
Pembroke Nursing Home (Pembroke)
Arbor Place (Clinton)
Harborside Healthcare Nursing Home (Florence, Owensboro and Madisonville)

You can read the GAO report, "Nursing Homes: CMS's Special Focus Facility Methodology Should Better Target the Most Poorly Performing Homes, Which Tended to Be Chain Affiliated and For-Profit" by clicking here.

Source: Lexington Herald-Leader

Lexington, Kentucky nursing home lawyer Robert Abell represents families in nursing home neglect and abuse cases.

You can get more information on nursing homes and related issues here.

TV Station Employees File Suit for Unpaid Overtime & Wage Violations

robert@robertabelllaw.com (Blog Author)22119 — Fri, 20 Nov 2009 08:00:00 EST

TV station employees have filed a lawsuit seeking unpaid overtime compensation as well as compensation for missed meal and rest breaks. The suit claims that employees were ordered to misrepresent their time worked on their time cards by, for example, showing that they had taken an hour lunch break when they had not. The suit also claims that employees were not timely paid when their employment ended and that they were not paid their vested vacation pay.

Source: The Daily Sound

Kentucky law requires that employees be allowed a ten minute rest break for each four hours worked. Kentucky law also requires that an employee by allowed a "reasonable" period for a meal break as near as possible to the middle of their shift; it is not required that the meal break be paid.

Kentucky law defines "vested vacation pay" as an element of an employee's wages.

Lexington, Kentucky employment lawyer Robert Abell represents individuals and employees in cases seeking their unpaid overtime and wages.

Suit Claims Retaliation for Demanding Overtime Be Paid

robert@robertabelllaw.com (Blog Author)22116 — Fri, 20 Nov 2009 08:00:00 EST

An administrative assistant claims in a lawsuit that she was fired by her employer, a hospital, in retaliation that she be paid overtime for the time she worked each week beyond 40 hours. Ann-Marie Reardon claims that she regularly worked more than 40 hours a week as an admnistrative assistant for Massachusetts General Hospital. Two days after she told her supervisor that the hospital was breaking the law by not paying her overtime, she was fired after nine years of employment.

Source: Marshfield Mariner

Both Kentucky and federal law make it unlawful for an employer to retaliate against employee for seeking overtime compensation in accordance with the law. Whether an employee will have this protection can depend on from whom and how they seek or demand the overtime owed them.

Lexington, Kentucky overtime and employment lawyer Robert Abell represents individuals and employees in cases seeking overtime compensation owed them.

Hospital Whistleblower Claims She Was Fired For Reporting Unsanitary Conditions

robert@robertabelllaw.com (Blog Author)22108 — Thu, 19 Nov 2009 08:00:00 EST

A whistleblower lawsuit filed by a hospital surgery tech claims she was fired because she reported unsafe and unsanitary conditions at the hospital. The whistleblower, Susan Gipson, alleges the hospital ignored bugs in operating-room light fixtures, holes in operating room walls, rusty surgical instruments, mold and dirt on air vents, and blood and biological fluids "strewn around the (operating rooms)." The lawsuit claims that Gipson was fired after she reported these conditions and others to hospital authorities.

Source: Arizona Republic

Workers Pressured Not To Report Work Injuries, Government Report States

robert@robertabelllaw.com (Blog Author)21964 — Tue, 17 Nov 2009 08:00:00 EST

Retaliation for reporting a work injury or safety issue is a fear or concern of many employees. A government report analyzing OSHA data finds that that widespread underreporting of workplace safety and work injury issues has resulted from company pressure on employees not to report work injuries or illnesses. According to the report, a survey of occcupational health workers revealed the following:

more than half felt pressure to downplay work injuries or safety issues
nearly two-thirds knew of an employee who feared discipline or retaliation for reporting a work injury or safety issue

The report, "Enhancing OSHA's Records Audit Process Could Improve the Accuracy of Worker Injury and Illness Data," by the Government Accountability Office can be read by clicking here.

Lexington, Kentucky work injury lawyer Robert Abell represents employees and individuals in work injury and workers compensation cases.

Family of Teen Killed By Tractor Trailer Receives $5.25 Million Verdict

robert@robertabelllaw.com (Blog Author)21859 — Mon, 16 Nov 2009 08:00:00 EST

The family of a teenager killed by a tractor-trailer has received a jury verdict of $5.25 million. The youth, Sydney Aichs, was killed when the tractor-trailer ran a red light and crashed into her Chevy Cavalier. The lawsuit claimed that the truckdriver's employer, a trucking company, did not properly train him and allowed him to drive a truck with defective parts.

Source: Charlottesville Daily Progress

Lexington, Kentucky trucking accident lawyer Robert Abell represents individuals and families injured or killed in trucking accidents.

Whistleblower Claims Lockheed-Martin Used Defective Coating on F-22

robert@robertabelllaw.com (Blog Author)21668 — Thu, 12 Nov 2009 08:00:00 EST

A former engineer claims in a federal whistleblower suit unsealed recently and pending in Atlanta that Lockheed-Martin used defective coatings on the F-22, a stealth jet. The whistleblower, Darrol Olson, claims that Lockheed-Martin falsely certified that the jet had passed stealth tests. The suit seeks to recover some $50 million for each of the 183 F-22s that were built. The F-22 was discontinued earlier this year.

Source: Fort Worth Star-Telegram

$6.2 Million Age Discrimination Verdict

robert@robertabelllaw.com (Blog Author)21667 — Thu, 12 Nov 2009 08:00:00 EST

A federal court jury found PQ Corp. guilty of willful age discrimination and returned a verdict of $6.2 million for two scientists at a Chester County, Pennsylvania chemical manufacturing firm. The jury verdict included back pay, front pay and compensatory damages for the two employees, Romany Wypart and Bonnie Marcus.

The case included testimony from a PQ manager that she was told the company wanted "young blood" to replace one of her employees, a remark that she interpreted as intent to violate age discrimination laws. However, the judge refused to allow the jury to hear testimony that a key decision-maker for the corporation had said "we need to get rid of some of these old farts."

The victorious employees were represented by Scott Goldshaw and Katie Eyer.

Source: Law.com

16 American Workers Killed Each Day

robert@robertabelllaw.com (Blog Author)21619 — Wed, 11 Nov 2009 08:00:00 EST

16 workers each day are killed in the United States on the job due to their employer's reckless negligence. Watch the worker safety video 16 Deaths Per Day.

Before Congress is the Protecting America's Workers Act; contact your Senators and your Representatives to support this bill. You can contact Representative Ben Chandler here, Senator Mitch McConnell here, and Senator Jim Bunning here.

Lexington, Kentucky worker safety lawyer Robert Abell represents individual workers and employees in work injury and workers compensation cases.

Whistleblower Suits Rampant In Pharmaceutical Industry

robert@robertabelllaw.com (Blog Author)21565 — Tue, 10 Nov 2009 08:00:00 EST

Whistleblower suits this year alone have produced payments by pharmaceutical companies for fraudulent practices of more than $4.2 billion. The suits have been filed under the federal False Claims Act, which allows the whistleblower to recover 15-25% of the money paid by the company. This year has seen the following settlements in whistleblower cases:

$1.4 billion against Eli Lilly for fraudulently and deceptively promoting unapproved uses of Zyprexa, an anti-psychotic drug
$2.3 billion against Pfizer for illegally promoting use of several drugs including Bextra, Geodon, Zyvox and Lyrica
$520 million against AstraZeneca for illegally marketing its anti-psychotic drug, Seroquel

More than 1,000 whistleblower cases are backlogged at the Department of Justice including 200 against pharmaceutical companies.

Source: Cincinnati Enquirer

Lexington, Kentucky whistleblower lawyer Robert Abell represents individuals and employees in whistleblower cases and lawsuits.

Insurer Systematically Underpaid Claims, Lawsuit Says

robert@robertabelllaw.com (Blog Author)21564 — Tue, 10 Nov 2009 08:00:00 EST

Underpayment of claims and strong-arming policyholders was an insurance company's systematic business practice, a lawsuit claims. The insureds claim that the Texas Windstorm Insurance Association used below-market rates to reach low-ball estimates for material and repair costs, unfairly limited costs on roof repairs by coercing homeowners to accept used materials and by refusing to re-open closed claims.

Source: Houston Chronicle

Lexington, Kentucky insurance lawyer Robert Abell represents claimants, families and insureds in lawsuits and claims against insurance companies.

Age Discrimination Protections Needed Says New York Times

robert@robertabelllaw.com (Blog Author)21469 — Mon, 09 Nov 2009 08:00:00 EST

Age discrimination protections should be enhanced by Congress urges the New York Times: "After 40 Years, Age Discrimination Still Gets Second-Class Treatment." Last year the Supreme Court again favored corporations in a decision that reduced protections against age discrimination. The New York Times editorial board encourages Congress to act to reverse this wrong decision.

Lexington, Kentucky employment lawyer Robert Abell represents individuals and employees in age discrimination cases and lawsuits.

Robert Abell successfully represented James M. Wells, a 30+ year employee of Columbia Gas, who was fired because of age discrimination. You can read court filings in Wells v. Columbia Gas including the amended complaint, the jury verdict awarding damages against Columbia Gas and to James Wells for age discrimination, the brief filed by Robert Abell to the Kentucky Court of Appeals to uphold the jury verdict of age discrimination, and the Opinion of the Kentucky Court of Appeals upholding the verdict of age discrimination.

Unpaid Wages and Expenses Sought In Class Action Suit By Truckers

robert@robertabelllaw.com (Blog Author)21383 — Sun, 08 Nov 2009 08:00:00 EST

Unpaid wages, missed meal and rest breaks and unreimbursed expenses are the focus of a class action lawsuit filed by a group of truck drivers. The truckers claim that they were not paid for time they worked inspecting and preparing their trucks prior to the official start of their shift, that they were forced to work through mandated meal and rest breaks and that they were not reimbursed for necessary, work-related expenses such as cell phones that they were required to have.

Source: Contra Costa Times

Lexington, Kentucky wages lawyer Robert Abell represents employees in claims and lawsuits seeking their unpaid wages and overtime pay.

Racial Harassment Yields $1.2 Million Verdict Against Nucor

robert@robertabelllaw.com (Blog Author)21265 — Thu, 05 Nov 2009 08:00:00 EST

Racial harassment or a hostile work environment based on race has yielded a $1.2 million jury verdict against Nucor, a steel company. African-American employees at Nucor's Arkansas plant claimed that they were subjected to racial harassment and a hostile work environment based on race including the following:

jokes about lynchings and racial slurs were broadcast over the plant's P.A. system
supervisors belittled and ridiculed black employees
nooses were displayed in the workplace

Each of the six plaintiffs were awarded $100,000 in compensatory damages and $100,000 in puntive damages.

Source: Charlotte Business Journal

Racial harassment creating a hostile work environment based on race is against both Kentucky and federal law.

Lexington, Kentucky employment lawyer Robert Abell represents individuals and employees in race discrimination and racial harassment cases.

Sexual Harassment Settlement $225,000

robert@robertabelllaw.com (Blog Author)21215 — Thu, 05 Nov 2009 08:00:00 EST

A Ruby Tuesday restaurant has agreed to pay five women a total of $225,000 to settle a sexual harassment lawsuit. The harassment included crude sexual propositions, frequent sexually explicit and graphic remarks about their appearance, and lewd comments regarding female customers. The principal harasser was the restaurant's general manager. The women, some of whom were teenagers, will receive settlement payments of $101,000, $32,000, $57,000, $60,000 and $5,000.

Source: The Morning Call

Age Discrimination Suit by Coal Miners Against Massey Energy Settles for $8.75 Million

robert@robertabelllaw.com (Blog Author)21038 — Mon, 02 Nov 2009 08:00:00 EST

An age discrimination suit by a group of coal miners against Massey Energy has been settled for $8.75 million. 229 miners are covered by the settlement and will receive from $19,000 to $38,000. Massey has also been ordered to rehire 82 miners that are union members.

Source: Washington Post

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals and employees in age discrimination cases.

Whistleblower Suit Filed by Fired Respiratory Therapist

robert@robertabelllaw.com (Blog Author)21035 — Mon, 02 Nov 2009 08:00:00 EST

A whistleblower lawsuit claiming wrongful termination has been filed by a respiratory therapist. Kristina Laney, a 22 year employee, reported that Lee Memorial Hospital was using mislabeled tracheal intubation tubes in its neo-natal unit and, as a result, she was wrongfully terminated, her lawsuit claims.

William Amlong, a very distinguished and accomplished employment lawyer in Ft. Lauderdale, Florida, represents Laney.

Source: Naples News

$1.3 Million Verdict In Sex Discrimination and Retaliation Case

robert@robertabelllaw.com (Blog Author)20787 — Thu, 29 Oct 2009 08:00:00 EST

A pattern of sexually hostile language and behavior directed at the only woman in the work area followed by an unjustified, retaliatory firing produced a $1.3 million verdict, which included $1.27 million in punitive damages. Serena Eickhoff was the only woman locomotive shop foreman for the Union Pacific Railroad in Kansas City. She had been employed for nine years when she complained of a pattern of sexually hostile language by her supervisors and subordinates. As a result and in retaliation, she was placed on probation and then fired, the jury found.

Ms. Eickhoff was represented by Kansas City employment lawyer Dennis Egan, a very accomplished employment lawyer.

Source: Kansas City Star

Insurance Companies' License To Kill: ERISA

robert@robertabelllaw.com (Blog Author)20725 — Wed, 28 Oct 2009 08:00:00 EST

ERISA, the federal law that applies to almost all health insurance that is obtained through employment, is a license to kill for insurance companies says Doug Drenkow on OpEd.com., "The Insurance Companies' 'License To Kill': ERISA." Drenkow quotes in proof from an opinion from the United States Court of Appeals for the Third Circuit on the shortcoming and perverse incentives created by ERISA:

"[A]t the same time as ERISA makes it inordinately difficult to bring an injunction to enforce a participant's rights, it creates strong incentives for HMOs to deny claims in bad faith or otherwise 'stiff' participants. ERISA preempts the state tort of bad-faith claim denial ... so that if an HMO wrongly denies a participant's claim even in bad faith, the greatest cost it could face is being compelled to cover the procedure, the very cost it would have faced had it acted in good faith. Any rational HMO will recognize that if it acts in good faith, it will pay for far more procedures than if it acts otherwise, and punitive damages, which might otherwise guard against such profiteering, are no obstacle at all. Not only is there an incentive for an HMO to deny any particular claim, but to the extent that this practice becomes widespread, it creates a 'race to the bottom' in which, all else being equal, the most profitable HMOs will be those that deny claims most frequently."

Frat House Atmosphere and Pay Disparity Results In Sex Discrimination Suit Against Anheuser-Busch

robert@robertabelllaw.com (Blog Author)20722 — Wed, 28 Oct 2009 08:00:00 EST

A "frat house atmosphere" and pay disparity has resulted in a sex discrimination lawsuit against Anheuser-Busch. Francine Katz, a fomer executive, filed a sex discrimination lawsuit alleging that the brewer maintained a "frat house atmosphere" and paid women less in salary and bonuses than men.

Source: New York Times

Health Care Reform: One Doctor Says Tort Reform Not The Answer

robert@robertabelllaw.com (Blog Author)20653 — Tue, 27 Oct 2009 08:00:00 EST

Allegations that malpractice lawsuits unjustifiably increase health care costs is one item pushed by insurance industry advocates, who wave the banner of "tort reform." "Tort reform" should be understood as a synonym for releasing corporations and insurance companies from accountability, responsibility and liability. Dr. Rahul K. Parikh in an interesting essay on salon.com, "I'm a doctor. So sue me. No, really," reports among other things as follows:

Instead of a swamp of frivolous lawsuits, what the data shows is a system that functions. Insubstantial claims tend to collapse, while the medical industry usually opts to pay off injured patients instead of going to trial. The doctors and the insurers choose to fight to win when they think they can, and when there is enough money at stake, and usually do win.

There are two more arguments tort reformers use to make their case for change: The first is that defensive medicine drives up the cost of care. The second is that skyrocketing malpractice premiums are driving doctors out of business, cutting patients' access to care. In both cases, however, the facts don't substantiate those claims.

Health Care Reform: How To Right The Wrong of Coverage Denied

robert@robertabelllaw.com (Blog Author)20581 — Mon, 26 Oct 2009 08:00:00 EST

What can be done where insurance coverage for necessary medical treatment is denied? For those covered by a policy obtained through their employment the answer is almost surely not very much. For the vast majority of individuals and families whose health insurance comes through employment, their policies are covered by the federal law known as ERISA. Where insurance coverage is wrongfully denied under a policy subject to ERISA, the only thing that can be done is to sue the insurance company for the cost of the denied treatment. Meanwhile, of course, the person who needed the treatment may die without it.

The Los Angeles Times, "Righting Wrongful Denials of Insurance Coverage," suggests that two elements could be included in health care reform that would help in these situations: (1) more consumer choices among insurance companies; and, (2) better guidelines about necessary and appropriate treatments.

Nurses Sue Hospital For Sexual Harassment

robert@robertabelllaw.com (Blog Author)20579 — Mon, 26 Oct 2009 08:00:00 EST

A sexual harassment lawsuit requires the existence of two principal facts or circumstances: (1) that an employee be subject to behavior motivated by sex or gender that has the effect of creating a hostile work environment; and, (2) failure by the employer to do anything to stop it.

A sexual harassment lawsuit filed by two nurses against a hospital illustrates these requirements. The nurses claim that a male co-worker exposed himself to them a number of times. The nurses then reported this misconduct but not only did the hospital fail to take action, it suspended one of the nurses, according the nurses' lawsuit.

Source: Biloxi (Ms.) Sun Herald

Whistleblower To Receive $4.5 Million In Government Fraud Case

robert@robertabelllaw.com (Blog Author)20267 — Mon, 19 Oct 2009 08:00:00 EST

A whistleblower who blew the whistle on government contract fraud will receive $4.5 million as part of a settlement between the government and MPC Products Corp., a manufacturer and supplier of fighter jets, helicopters and other military systems. The whistleblower, Joe Caputo, reported that he was ordered to falsify cost and price justifications so MPC could increase its profit margins on government contracts. MPC will pay some $25 million as part of the settlement.

Source: Washington Post

Lexington, Kentucky whistleblower lawyer Robert L. Abell represents whistleblowers in employment and government fraud cases.

Missed Breaks & Unpaid Wages Class Action Lawsuit Against Wal-Mart Settles

robert@robertabelllaw.com (Blog Author)19971 — Wed, 14 Oct 2009 08:00:00 EST

Another class action lawsuit for unpaid wages against Wal-Mart has been settled. Wal-Mart employees in Iowa claimed that they were owed unpaid wages and overtime pay because:

Wal-Mart failed to pay them for off-the-clock work
Wal-Mart failed to pay them overtime
Wal-Mart altered employee time records
Wal-Mart prevented them from taking legally-mandated lunch and rest breaks.

The settlement covered 97,259 persons employed by Wal-Mart between June 5, 1999, and May 9, 2009, and totaled $11 million.
Wal-Mart is settling a number of class action lawsuits for unpaid wages and overtime compensation as has been earlier reported: Meal Break Suit Against Wal-Mart Settled For $3 Million, Wage Class Actions Against Wal-Mart Settled.

Source: Clinton (Iowa) Herald

3 Killed In Barren County Wreck

robert@robertabelllaw.com (Blog Author)19895 — Mon, 12 Oct 2009 08:00:00 EST

A car wreck over the weekend in Barren County near Glasgow killed three: Billy Calvert of Austin, Joel Read II of Glasgow and Felicia Humphrey of Edmonton. The crash occurred on U.S. 31-E Saturday afternoon, October 10, 2009.

Source: Lexington Herald-Leader

Winchester Man Dies From Car Crash

robert@robertabelllaw.com (Blog Author)19832 — Sun, 11 Oct 2009 08:00:00 EST

A Winchester man, Allen Terry, died Sunday, October 11, 2009, as a result of a car crash on Bybee Road. The accident occurred on Wednesday, October 7, when Mr. Terry's car crashed into a brick mailbox.

Source: Lexington Herald-Leader

Suit Against CIGNA For Taunting Family of Dead Cancer Patient May Go Forward

robert@robertabelllaw.com (Blog Author)19830 — Sun, 11 Oct 2009 08:00:00 EST

After CIGNA refused to pay for a liver transplant for her cancer-stricken 17 year old daughter and her daugher died, Hilda Sarkisyan traveled to the insurance company's Philadelphia headquarters for an apology. Instead of an apology Mrs. Sarkisyan was heckled and taunted by CIGNA employees.

Although the federal ERISA law barred any suit against CIGNA to make it responsible for the death of her daughter, a suit against CIGNA for the emotional distress caused by the insurance company's egregious misconduct taunting of Mrs. Sarkisyan may go forward a court has ruled the Los Angeles Times reports, "Couple Battle To Make Insurers Liable For Coverage Decisions."

The Los Angeles Times provides a link to a speech given by Wendell Potter, a former CIGNA spokesman, to the Civil Justice Foundation. Mr. Potter acknowledges that "HMOs and insurers are largely free to deny access to care without fear of reprisal or financial consequences."

Lexington, Kentucky insurance claims lawyer Robert Abell represents individuals and families against insurance companies in insurance claims and ERISA cases.

Bourbon County Wreck Kills Paris Woman

robert@robertabelllaw.com (Blog Author)19820 — Sun, 11 Oct 2009 08:00:00 EST

A Paris woman, Mary Mitchell, was killed late Friday, October 9, 2009, in a car wreck in Bourbon County on Ky. 627. One other person was injured in the accident.

Source: Lexington Herald-Leader

$18 Million Settlement In Police Race Discrimination Suit

robert@robertabelllaw.com (Blog Author)19695 — Wed, 07 Oct 2009 08:00:00 EST

A group of police officers have settled their race discrimination and harassment lawsuits for $18 million. The officers claimed that they faced racial discrimination, harassment and retaliation following the ouster of a police chief. The sixteen police officers sued the city of South Gate, California claiming that they were subjected to racial slurs, false internal affairs investigations, unfairly disciplined and were passed over for promotions.

Source: Los Angeles Times

Lexington, Kentucky employment lawyer Robert Abell represents individuals in discrimination cases.

$1 Million Punitive Damages Assessed Wal-Mart For Firing Pharmacist That Demanded Equal Pay

robert@robertabelllaw.com (Blog Author)19622 — Tue, 06 Oct 2009 08:00:00 EST

$1 million in punitive damages against Wal-Mart has been reinstated in favor of a pharmacist that demanded equal pay for her work. Cynthia Haddad complained twice that she was not offered the raise and bonuses that her male colleagues received as a pharmacy store manager. After the second time she demanded equal pay, Wal-Mart made up a reason to try and justify firing her. After she was fired, she sued tor gender discrimination and retaliation. A jury ruled in her favor and assessed $1 million punitive damages against Wal-Mart, which a trial court judge later eliminated. The Massachusetts Supreme Judicial Court reinstated the $1 million punitive damages and explained its decision as follows:

There was evidence that Wal-Mart paid the plaintiff substantially less than less-experienced male pharmacists, refused to pay the plaintiff the pharmacy manager salary differential that it paid to male pharmacists, and terminated the plaintiff purportedly for a single policy violation.

Source: Boston Globe

Lexington, Kentucky employment lawyer Robert Abell represents individuals in discrimination cases.

Vanguard Financial Group Sued For Race Discrimination

robert@robertabelllaw.com (Blog Author)19551 — Mon, 05 Oct 2009 08:00:00 EST

After failing to hire a well-qualified black female and then hiring a lesser-qualified white male for a financial planner position, the Vanguard Financial Group has been sued for race discrimination. Barbara Alexander had an MBA and 14 years experience in financial planning when she applied for a financial planner position with Vanguard. She was not hired, told that she was not qualified and then Vanguard hired a white male applicant with less experience, according to the lawsuit filed by the EEOC.

Source: Bloomberg

It is a violation of federal and Kentucky state law to discriminate based on race in the hiring process.

Lexington, Kentucky employment lawyer Robert Abell represents individuals in race discrimination cases.

Jamestown Woman Injured In Crash - Kentucky Car Crash Lawyer

robert@robertabelllaw.com (Blog Author)19473 — Sun, 04 Oct 2009 08:00:00 EST

A Jamestown woman, Gwen Beckwith, was injured early Saturday, October 3, in a car crash on Ky. 55 in Adair County. The wreck happened about 8:30 a.m. about seven miles south of Columbia near the Hardscratch General Store. Glenn Mitchum of Columbia was also involved in the accident.

Source: Lexington Herald-Leader

Lexington, Kentucky car accident lawyer Robert Abell represents persons injured in car accident and wreck cases.

Two Salyersville Women Killed In Wreck Near Richmond - Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)19472 — Sun, 04 Oct 2009 08:00:00 EST

Two Salyersville women, Martha Collins and Martha Gibson, were killed in a car crash late Friday, October 2, 2009, near Richmond. The wreck happened about 8 p.m. on Ky. 627. Michael Giles of Lawrenceburg was also involved in the accident but was uninjured.

Source: Lexington Herald-Leader

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families in car wreck and accident cases.

Gender Bias Suit Filed Against JPMorgan Chase - Kentucky Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)19403 — Fri, 02 Oct 2009 08:00:00 EST

A gender discrimination suit has been filed against JPMorgan Chase, which claims that it discriminated against women by paying them less than men and created a sexually hostile work environment. The suit claims that the bank made it harder for women to earn commissions and bonuses. It also accuses the bank of verbally harassing women. The EEOC filed the suit on behalf of Aimee Doneyhue in federal court in Columbus, Ohio.

Source: Reuters

Lexington, Kentucky employment lawyer Robert L. Abell represents employees in discrimination cases.

Injured Workers Settle Disability Discrimination Suit For $6.2 Million

robert@robertabelllaw.com (Blog Author)19402 — Fri, 02 Oct 2009 08:00:00 EST

Workers, who had been hurt on the job and tried to return to work, have settled a class action disability discrimination suit for $6.2 million. The workers sued Sears after they were hurt on the job, tried to return to work but Sears refused to provide them a reasonable accomodation for their disability, the suit claimed. As a result, when their leave time expired, the workers were fired.

The federal Americans With Disabilities Act and the Kentucky Civil Rights Act both require employers to reasonably accomodate an employee's disability, provided the employee can do their job.

Source: Reuters

Lexington, Kentucky work injury lawyer Robert L. Abell represents injured workers in disability discrimination and workers compensation cases.

Plant Explosion Injures 7

robert@robertabelllaw.com (Blog Author)19201 — Wed, 30 Sep 2009 08:00:00 EST

Seven workers were injured Monday, September 28, 2009, from an explosion at the Special Metals nickel alloy plant in Burnaugh. The plant's furnace exploded about 3 p.m. injuring the workers.

Lexington, Kentucky work injury lawyer Robert L. Abell represents injured workers in workers compensation cases.

Pulaski County Man Killed On U.S. 27

robert@robertabelllaw.com (Blog Author)19200 — Wed, 30 Sep 2009 08:00:00 EST

A Pulaski County man, Robert Hansen of Eubank, was killed September 29, 2009, in an accident on U.S. 27. The wreck happened north of Somerset at the intersection of Ky. 70 and U.S. 27. Danny Blevins, also of Eubank, was injured in the accident.

Source: Lexington Herald-Leader

Meal Break Suit Against Wal-Mart Settled for $3 Million

robert@robertabelllaw.com (Blog Author)18995 — Sat, 26 Sep 2009 08:00:00 EST

A suit against Wal-Mart charging that it denied employees their required meal breaks during their shift or interrupted the breaks and required the employees to work has been settled for $3 million. The suit was brought by the Massachusetts Attorney General to recover the employee's unpaid wages.

Source: Chicago Tribune

Kentucky law requires that employers allow their employees a "reasonable period for lunch" during their shift. The meal break should take place "as close to the middle of the employee's scheduled work shift as possible" but no sooner than 3 hours into the shift and no later than 5 hours into the shift. KRS 337.355.

Employees are also entitled to a rest period of 10 minutes during each 4 hours worked. This is in addition to the lunch break.

Lexington, Kentucky employment lawyer Robert L. Abell represents employees in wage and overtime compensation cases.

Only 3% of Medical Malpractice Incidents Result In Malpractice Suits

robert@robertabelllaw.com (Blog Author)18968 — Fri, 25 Sep 2009 08:00:00 EST

Overlooked amid the ongoing clamor that Americans give up their constitutional rights and accept damages caps in medical malpractice lawsuits are studies finding that only about 3% of the actual incidents of malpractice result in a lawsuit. In an interesting and thoughtful discussion of health insurance reform by David Leonhardt in the New York Times, Medical Malpractice System Breeds More Waste, the rarity of the malpractice suit is mentioned: only about 3% of the actual incidents of malpractice result in a lawsuit. The article links to a study in the New England Journal of Medicine that reaches these findings, Relation Between Malpractice Claims and Adverse Events Due to Negligence.

$850,000 Settlement In Firefighter Sexual Harassment Case

robert@robertabelllaw.com (Blog Author)18926 — Fri, 25 Sep 2009 08:00:00 EST

A firefighter has settled her sexual harassment case for $850,000. Sharon Januszewski claimed that a male colleague ejaculated on her cot in the fire station, that pornography was present throughout the station and that the City of Oak Park, Illinois, her employer, did not investigate or respond adequately to her complaints of a hostile work environment. She will keep her job under terms of the settlement.

Source: Chicago Tribune

Lowe's Wage Class Action Suit Settled

robert@robertabelllaw.com (Blog Author)18875 — Thu, 24 Sep 2009 08:00:00 EST

A class action lawsuit claiming that Lowe's forced employees to work off the clock both before and after their shift and did not pay them has been settled. The settlement is valued at approximately $29 million.

"Exposing Deceptive Defense Doctors" reviewed by Robert Abell

robert@robertabelllaw.com (Blog Author)18734 — Mon, 21 Sep 2009 08:00:00 EST

The Kentucky Justice Association has published a book review by Robert Abell of Dorothy Clay Sims' book, "Exposing Deceptive Defense Doctors." To read the review click here.

This blog earlier reported on the games played by workers compensation insurance company doctors to help deny or reject valid claims: "That's the game, baby" - Workers Compensation Insurance Company Expert Witness Explaining Testimony

Lexington, Kentucky lawyer Robert L. Abell represents individuals in personal injury, accident and workers compensation cases.

Overtime and Retaliation Lawsuit Filed

robert@robertabelllaw.com (Blog Author)18651 — Sun, 20 Sep 2009 08:00:00 EST

A service technician has filed suit claiming that he was fired in retaliation for his complaints that he was not being paid overtime compensation. The service tech, Michael Pittell, claims that his employer, Tolt, a technology support company, required him and other technicians to work overtime without paying them for it. Pittell's lawsuit claims that overtime should have been paid him and other service techs for the following reasons:

he and other service techs were required to work through their lunch breaks but were required to sign time sheets stating that they had taken the breaks
they were required to be on call 24 hours a day on days they were scheduled to work their regular shift
routinely performed work before and after the official start and end of their shifts for which they were not paid

Pittell claims that he was retaliated against and fired when he tried to enforce his rights under the federal Fair Labor Standards Act.

Lexington, Kentucky employment lawyer Robert L. Abell represents employees in overtime and unpaid wages cases

Source: West Virginia Record

Georgetown Woman Killed In Crash - Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)18630 — Sat, 19 Sep 2009 08:00:00 EST

A Georgetown woman, Natasha Jones, was killed on Wednesday, September 16, 2009, in a car crash on Anderson Road in Scott County. The crash was a single car accident and happened about 10:30 p.m.

Lexington, Kentucky accident lawyer Robert L. Abell represents accident victims in car crash cases.

Source: Lexington Herald-Leader

Pedestrian Struck and Killed Near Lebanon - Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)18629 — Sat, 19 Sep 2009 08:00:00 EST

One pedestrian was killed and another injured when struck by a truck near Lebanon. Ladonna Sallee of Elk Horn was killed while walking along U.S. 68 near Lebanon late Friday, September 18, 2009. Trena Summers of Campbellsville, who was walking with Sallee, was injured and taken for treatment at a local hospital.

Lexington, Kentucky accident lawyer Robert L. Abell represents individuals in accident cases.

Source: Lexington Herald-Leader

$415,000 Settlement In Racial Harassment Case

robert@robertabelllaw.com (Blog Author)18531 — Thu, 17 Sep 2009 08:00:00 EST

A hostile work environment based on an employee's race violates both Kentucky and federal law. Racial harassment just like sexual harassment is against the law.

A $415,000 settlement in a racial harassment case has been reached against NPMG, a credit card processing company. Two supervisors created and perpetuated a racially hostile work environment that included the following, according to one of the discrimination victims:

"It was unbelievable, the things they said," said Michael Buckner, one of the discrimination victims. "My supervisors often referred to my fellow African-American employees and me as ‘n-----rs' and ‘porch monkeys' and forced us to play so-called ‘Civil War games' where employees were divided into North and South. They also referred to black children or mixed-race children as ‘porch monkeys' or ‘Oreo babies.' On several occasions, I was told to turn off my ‘jigaboo music.'"

In addition to the $415,000 in damages, the settlement also requirews NPMG to conduct extensive remedial relief, including a written apology to the victims on company letterhead; anti-discrimination training; written anti-discrimination policies; discipline of discriminatory conduct and the posting of notices.

Source: EEOC

$6.7 Million Verdict for Worker Killed by Burns - Kentucky Work Injury Lawyer

robert@robertabelllaw.com (Blog Author)18530 — Thu, 17 Sep 2009 08:00:00 EST

The family of a worker killed by burns suffered when a machine malfunctioned and sprayed him with steam and hot liquid has won a $6.7 million verdict. Francisco Garcia was insulating pipe at an ArcherDanielsMidland factory when he suffered the injuries and burns.

Source: In These Times

Lexington, Kentucky work injury lawyer Robert L. Abell represents injured workers in workers compensation and injury cases.

$28 Million Settlement In Wal-Mart Wage Case

robert@robertabelllaw.com (Blog Author)18477 — Thu, 17 Sep 2009 08:00:00 EST

An up to $28 million settlement has been reached in a wage case against Wal-Mart in Indiana. The class action lawsuit, like numerous others filed around the country, claimed that Wal-Mart forced workers to work through meal breaks and to work off the clock. The settlement applies to current and former Wal-Mart and Sam's Club hourly employees who worked from March 17, 1994, to March 2009.

This settlement is part of Wal-Mart's settling of a number of class action lawsuits filed around the country. See Wage Class Actions Against Wal-Mart Settled.

Lexington, Kentucky wage and overtime lawyer Robert L. Abell represents individuals in cases seeking payment of their wages and overtime.

$10 Million Verdict Against Fortis for Cancellation of Health Insurance Upheld

robert@robertabelllaw.com (Blog Author)18400 — Tue, 15 Sep 2009 08:00:00 EST

The cancellation of an insured's health insurance on false pretenses resulted in a $10 million verdict against Fortis Insurance Company. The Supreme Court of South Carolina upheld the verdict in a recent decision.

Fortis, which is now known as Assurant Health, cancelled the health insurance of Jerome Mitchell Jr. solely because a nurse wrote down the wrong date of an HIV diagnosis test. Later, the insurance company was twice presented with evidence showing the correct date of the test but it refused to reinstate Mitchell's health insurance for over two years, during which time Mitchell was unable to get proper medical treatment.

The South Carolina Supreme Court labeled the insurance company's conduct "highly reprehensible" and upheld a jury verdict awarding $1.1 million in damages to cover the medical treatment that Mitchell should have received and a $10 million punitive damage award.

Lexington, Kentucky insurance lawyer Robert L. Abell represents individuals and families with regard to insurance claims cases.

Disability Discrimination Suit Against Grocer

robert@robertabelllaw.com (Blog Author)18361 — Mon, 14 Sep 2009 08:00:00 EST

A disability discrimination suit has been filed by the EEOC against a grocer, Jewel-Osco. The suit claims that Jewel-Osco violated the Americans With Disabilities Act (ADA) in two ways:

1. By firing employees that had been on disability leave for one year unless they could return to work without any restrictions or without need for any accomodation.

2. By denying employees who were injured off the job opportunity to take advantage of a light-duty work program.

Lexington, Kentucky disability lawyer Robert L. Abell represents individuals in disability discrimination cases.

Source: Chicago Tribune

Allstate Age Discrimination Suit Settled for $4.5 Million - Kentucky Age Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)18359 — Mon, 14 Sep 2009 08:00:00 EST

An age discrimination suit against the insurance company, Allstate, has been settled for $4.5 million. Approximately 90 employees were involved in the lawsuit. The lawsuit arose from a reorganization in 1999 in which Allstate aimed to move sales agents to independent contractors.

Source: EEOC

Lexington, Kentucky age discrimination lawyer Robert L. Abell represents individuals in age discrimination lawsuits and cases.

Carrollton Crash Kills Tennessee Man - Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)18357 — Mon, 14 Sep 2009 08:00:00 EST

A Tennessee man, Michael Anderson of Parsons, was died from a car crash Friday, September 11, 2009, near Carrollton. Mr. Anderson was traveling east of Carrollton on Ky. 36 at the time of the accident.

Source: Lexington Herald-Leader

$1.45 Million for Police Officer In Discrimination Suit

robert@robertabelllaw.com (Blog Author)18356 — Mon, 14 Sep 2009 08:00:00 EST

A $1.45 million settlement has been reached in a discrimination suit brought by a police officer. Sgt. Neil Harvey claimed that he was denied promotions over the course of his 27-year career with the Newport Beach police department because of false rumors that he is gay. Sgt. Harvey was initially awarded $2 million and the $1.45 million settlement was reached at mediation.

Source: Orange County Register

Wolfe County Motorcycle Crash Kills Two - Kentucky Motorcycle Accident Lawyer

robert@robertabelllaw.com (Blog Author)18329 — Mon, 14 Sep 2009 08:00:00 EST

Two men, Jason Patrick of Campton and Kenneth Pierson of Stanton, were killed in a motorcycle crash in Wolfe County early Monday, September 14, 2009. The wreck happened at the intersection of Ky. 15 and Myrtle Little Road. A passenger on Pierson's motorcycle, Ronda Banks also of Campton, was taken to the University of Kentucky hospital for treatment.

Source: Lexington Herald-Leader

$3.1 Million Verdict for Drunk Driving Victim

robert@robertabelllaw.com (Blog Author)18087 — Tue, 08 Sep 2009 08:00:00 EST

A jury has awarded $3.1 million to a drunk driving car crash victim in Wisconsin reports the Eau Claire Leader-Telegram, "Drunk Driving Crash Victim Awarded $3.14 Million." The award included the following: $750,000 for future medical expenses; $250,000 for past and future lost earnings; $1.75 million for past and future pain, suffering, disfigurement and disability; $375,000 in punitive damages and $17,588 in out of pocket expenses.

Lexington, Kentucky accident lawyer Robert L. Abell represents individuals injured in car crash and accident cases.

$992,500 Verdict In Age Discrimination Suit - Age Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)18086 — Tue, 08 Sep 2009 08:00:00 EST

An age discrimination victim has earned a $992,500 verdict reports the El Paso Times, "Jury Has Awarded Almost $1 Million In Age Discrimination Case." Fred Jackson claimed that Host International, Inc. fired him because of his age, 57, in 2007. Included among his evidence was the following:

a statement by his supervisor that he had a good salary "for a person your age"
his supervisor also told him that the higher salaries of younger employees were intended to attract "younger, talented people"

El Paso Times

Whistleblower Earns $51.5 Million For Reporting Fraud

robert@robertabelllaw.com (Blog Author)18035 — Mon, 07 Sep 2009 08:00:00 EST

A whistleblower has earned $51.5 million for reporting fraudulent marketing of drugs by Pfizer. A former Pfizer sales representative, John Kopchinski, reported Pfizer's fraudulent marketing of the pain drug, Bextra, in 2003. He was later fired. Because of the whistleblowing activities Pfizer will pay the government $2.3 billion in civil and criminal penalties.

Lexington, Kentucky whistleblower lawyer Robert L. Abell represents individuals in whistleblower cases.

Source: Reuters

Montgomery County Crash Kills One, Injures Four

robert@robertabelllaw.com (Blog Author)18034 — Mon, 07 Sep 2009 08:00:00 EST

A Jeffersonville woman, Christina Smith, was killed and four persons were injured in a car crash in Montgomery County on Sunday afternoon, September 6, 2009. The wreck happened on Ky. 213 near Jeffersonville. Christina's husband, Rocky Smith, was treated for injuries at the University of Kentucky hospital. Three others, Jeff Burton and Anthony Hudson of Clay City and Cynthia Hudson of Jeffersonville were injured in the crash.

Lexington, Kentucky accident lawyer Robert L. Abell represents individuals and families injured in auto accident and wreck cases.

Source: Lexington Herald-Leader

Woodford Crash Kills Two, Injures Six - Lexington Accident Lawyer

robert@robertabelllaw.com (Blog Author)18033 — Mon, 07 Sep 2009 08:00:00 EST

Two people were killed and six were injured in a crash Sunday night, September 6, 2009, in Woodford County. A Chevy S-10 pickup and a Ford Expedition were involved in the accident which occurred on Shannon Run Road near its intersection with Dry Ridge Road. The driver of the Expedition has been identified as Cindy Gaines of Versailles. The driver and occupant of the pickup were killed.

Lexington, Kentucky lawyer Robert L. Abell represents individuals and families in car crash and accident cases.

Source: Lexington Herald-Leader

Wheatley Man Killed In Crash - Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)17998 — Sun, 06 Sep 2009 08:00:00 EST

A Wheatley man, Franklin Jordan, was killed early Saturday, September 5, 2009, in a car crash near Carrollton. The wreck happened on Ky. 36.

Lexington, Kentucky lawyer Robert L. Abell represents individual and families in car accident cases.

Source: Lexington Herald-Leader

Interrupted Meal Breaks At Center of Overtime Class Action Suit - Kentucky Overtime Lawyer

robert@robertabelllaw.com (Blog Author)17983 — Fri, 04 Sep 2009 08:00:00 EST

Interrupted meal breaks are the focus of another class action lawsuit for unpaid overtime compensation. Employees who regularly worked through their meal breaks or had their meal breaks interrupted by work duties have filed class action lawsuits against five Massachusetts health care systems.

Robert L. Abell, a Lexington, Kentucky overtime lawyer, represents employees in overtime compensation lawsuits.

Source: Boston Herald

Are Claims Adjusters Paid To Deny Workers Compensation Claims?

robert@robertabelllaw.com (Blog Author)17980 — Fri, 04 Sep 2009 08:00:00 EST

Are claims adjusters paid to deny workers compensation claims?

Denial of workers comp claims generated bonuses for claims adjusters, according to a Colorado lawmaker. The lawmaker, Colorado State Senator Morgan Carroll, says that documents obtained from the workers compensation insurance company, Pinnacol Assurance, show that claims adjusters were given incentives to dismiss claims. Claims adjusters were given additional incentives to deny claims and hold down costs to promote "customer satisfaction."

Lexington, Kentucky lawyer Robert L. Abell represents injured workers on workers compensation claims.

Source: Colorado Springs Gazette

HMOs Deny 1 In 5 Claims, Study Shows - Insurance Claims Lawyer

robert@robertabelllaw.com (Blog Author)17937 — Thu, 03 Sep 2009 08:00:00 EST

HMOs deny 1 in 5 claims for medical care a study done by the California Nurses Association has found. The study was based on data collected from 2002 to June 30, 2009, by the California state government. The five largest HMOs in California denied 31.2 million insurance claims.

USERRA Suit Against Continental Airlines

robert@robertabelllaw.com (Blog Author)17836 — Tue, 01 Sep 2009 08:00:00 EST

Four pilots have sued Continental Airlines under USERRA, which prohibits discrimination against persons because of their service in the uniformed services. USERRA provides that a person who is a member of a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion or any benefit of employment by an employer on the basis of that membership in a military service.

The pilots claim that the airline shortchanges them on seniority and harasses them over service-related absences.

The Sixth Circuit upheld a jury's verdict awarding $300,000 plus in damages recently in a USERRA case in Hance v Norfolk Southern, No 07-5475 (July 1, 2009). You can learn more that case and USERRA at National Guardsman Wins USERRA Case.

Working Off the Clock Backpay Suit Settled for $7 Million - Kentucky Overtime Lawyer

robert@robertabelllaw.com (Blog Author)17835 — Tue, 01 Sep 2009 08:00:00 EST

A class action lawsuit by guards, who claimed that they were regularly forced to work off the clock against the Corrections Corporation of America (CCA) has been settled for $7 million in back pay and attorney's fees.

Both federal and Kentucky state law require that an employee be paid to time that their employer makes them work, even if the employee is made to work off the clock.

Lexington, Kentucky lawyer Robert L. Abell represents employees in claims and lawsuits for unpaid wages and overtime.

Police Whistleblower Files Suit Over Reassignment - Whistleblower Lawyer

robert@robertabelllaw.com (Blog Author)17834 — Tue, 01 Sep 2009 08:00:00 EST

A police whistleblower who reported mishandling of evidence and other illegal activity in a strike force unit has filed a whistleblower suit claiming that he was retaliatated against. Sgt. Kelly O'Rourke, a decorated police officer, claims that he was retaliated against a few weeks after reporting to supervisors mishandling of evidence and other failures to follow proper procedures in his strike force unit. The FBI has an ongoing investigation of some of the strike force members.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents whistleblowers.

Source: Minneapolis Star-Tribune

Harlan County Man Killed In Crash - Lexington Accident Lawyer

robert@robertabelllaw.com (Blog Author)17762 — Mon, 31 Aug 2009 08:00:00 EST

A Harlan County man, Ronald Scott Jr., was killed early Saturday, August 29, 2009, in a car crash on Ky. 987 near to Cawood.

Source: Lexington Herald-Leader

Paris Man Killed In Newtown Pike Accident - Lexington Accident Lawyer

robert@robertabelllaw.com (Blog Author)17761 — Mon, 31 Aug 2009 08:00:00 EST

A Paris man, Jimmy Caudill, was killed early Monday, August 31, in an accident on Newtown Pike in Lexington. Mr. Caudill was stopped at a red light when a box truck crashed into his Buick smashing it into the tractor trailer it was behind. Mr. Caudill was a 12 year employee of LFUCG.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents individuals and families injured or killed in vehicle accidents.

Source: Lexington Herald-Leader

UPS Medical Leave Policy Violates Disability Law, EEOC Charges In Class Action Suit

robert@robertabelllaw.com (Blog Author)17757 — Mon, 31 Aug 2009 08:00:00 EST

A medical leave policy that calls for termination if a worker is out for more than 12 months violates the Americans With Disabilities Act (ADA), the EEOC alleges in a recently filed class action lawsuit against UPS. The EEOC claims that UPS breached its duty of reasonable accomodation by firing workers, as a matter of policy, who had been off due to illness or injury for 12 months without considering whether a reasonable accomodation -- a little bit more leave time -- could be accomplished.

Robert L. Abell, a Lexington, Kentucky lawyer, represents individuals in cases under the Americans With Disabilities Act.

Source: National Law Journal

Nursing Whistleblower Awarded $450,000 - Kentucky Whistleblower Lawyer

robert@robertabelllaw.com (Blog Author)17643 — Sat, 29 Aug 2009 08:00:00 EST

A nursing student whistleblower who reported inadequate clinical training and was kicked out of school has been awarded $450,000 for her ordeal. Sara Castle, a nursing student at Appalachian Technical College, reported to the college's administration that she and other nursing students were not getting the required 740 hours of clinical training. She claimed she was dismissed from the college for this whistleblower report.

Castle said her aim was to protect the public and make sure that nursing students got all their clinical training.

Robert L. Abell a Lexington, Kentucky lawye represents individuals in whistleblower lawsuits.

Source: Atlanta Journal-Constitution

$1.3 Whistleblower Recovery - Kentucky Whistleblower Attorney

robert@robertabelllaw.com (Blog Author)17642 — Sat, 29 Aug 2009 08:00:00 EST

A town secretary, who criticized a city official in a letter following a fire that damaged the city hall and was fired in retaliation, has been awarded $1.3 million in her whistleblower lawsuit. A court ruled that the town of Griswold, Connecticut, violated the state whistleblower law and free speech rights when it fired the employee, Andrea Charron. A jury awarded $837,000 in damages and including punitive damages, interest and attorney's fees the total judgment came to $1.3 million.

The Kentucky Whistleblower Act applies to reports by some public employees that concern violations of law and wasteful practices. Also, public employees are protected by constitutional free speech rights for speech on matters of public concern.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents employees in whistleblower cases and lawsuits.

Source: Hartford Courant

$1.1 Million Verdict In Retaliation Case

robert@robertabelllaw.com (Blog Author)17507 — Wed, 26 Aug 2009 08:00:00 EST

A woman claiming that she was retaliated against for having reported to police that another employee was harassing her was awarded $1.1 million in damages by a jury. After the other employee resigned, criminal charges were filed against the woman but those charges were dropped by the prosecutor's office. She then filed a malicious prosecution lawsuit based on the bogus criminal charges.

Deputy Sheriff Files Whistleblower Suit

robert@robertabelllaw.com (Blog Author)17506 — Wed, 26 Aug 2009 08:00:00 EST

Having reported unlawful, irregular and corrupt activities to the FBI and others and having been fired allegedly in retaliation a deputy sheriff has filed a whistleblower lawsuit. Former Bandera County, Texas deputy sheriff Scott Sharp claims in his whistleblower lawsuit that he was fired in retaliation for having reported misconduct by Bandera County Sheriff Weldon Tucker to the FBI, to the local prosecutor and others.

Source: San Antonio News-Express

Employee With Cerebral Palsy Sues Target For Disability Discrimination

robert@robertabelllaw.com (Blog Author)17447 — Tue, 25 Aug 2009 08:00:00 EST

A suit filed on behalf of an employee with cerebral palsy alleges disability discrimination by Target. The suit claims that Target reduced the hours of the employee because of his medical condition. The suit alleges that Target violated the Americans With Disabilities Act.

It is a violation of both federal and Kentucky state law for an employer to discriminate against an employee on account of his or her disability.

Man Killed In Spencer County Crash

robert@robertabelllaw.com (Blog Author)17402 — Tue, 25 Aug 2009 08:00:00 EST

A car crash in Spencer County on Sunday, August 23, 2009, killed a Taylorsville man, Kevin Hatzman. The accident happened about 3:30 p.m. when Mr. Hatzman was driving north on Ky. 1539.

Source: Lexington Herald-Leader

I-65 Crash Kills Shepherdsville Man - Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)17327 — Sun, 23 Aug 2009 08:00:00 EST

A Shepherdsville man, Jason Smith, was killed early Sunday, August 23, 2009, in a vehicle crash on I-65 in Jefferson County. The wreck happened about 4 a.m. near where I-65 meets the Outer Loop. A passenger was taken to University Hospital for treatment.

Source: Louisville Courier-Journal

$1.7 MIllion Settlement In Sexual Harassment Suit Against Lowe's

robert@robertabelllaw.com (Blog Author)17326 — Sun, 23 Aug 2009 08:00:00 EST

A sexual harassment lawsuit against Lowe's on behalf of three employees, a woman and two men, has been settled for $1.7 million. The sexual harassment, which went on for more than six months and included verbal and physical abuse, ended in a sexual assault of the female employee by a store manager, who propositioned her in reference to a recent promotion she had received. The three employees were fired when they complained about the sexual harassment.

Robert L. Abell, a Lexington, Kentucky lawyer, represents individuals in sexual harassment cases.

Source: EEOC

UPS Account Managers Sue for Overtime

robert@robertabelllaw.com (Blog Author)17187 — Thu, 20 Aug 2009 08:00:00 EST

UPS account managers that solicit business from other companies have filed a class action lawsuit for unpaid overtime compensation. The suit claims that the account managers usually work about 60 hours per week, that they are not paid overtime for those hours worked greater than 40, that they are not provided with mandatory meal and rest breaks and that UPS fails to maintain adequate time records for them. The class action lawsuit seeks up to $100 million in unpaid overtime.

Kentucky law requires that employees be provided with meal and rest breaks.

Robert L. Abell, an employment lawyer in Lexington, Kentucky, represents employees in claims and lawsuits for overtime compensation.

Source: San Jose Business Journal

$900,000 Hiring Discrimination Settlement

robert@robertabelllaw.com (Blog Author)17173 — Wed, 19 Aug 2009 08:00:00 EST

A hiring discrimination suit against Gerber Products has been settled for $900,000. The suit claimed that Gerber discriminated against job applicants based on their race and sex. In addition to the money, Gerber also committed to fill 61 entry-level positions.

Robert L. Abell, an employment lawyer in Lexington, Kentucky, represents individuals in discrimination cases.

Source: Arkansas Online

Lexington Crash Kills Two

robert@robertabelllaw.com (Blog Author)17171 — Wed, 19 Aug 2009 08:00:00 EST

Traci Adkins and Chris Bunyassi, both of Lexington, were killed in a car crash in Lexington early Tuesday, August 18, 2009. The wreck happened on Landsdowne Drive about 4 a.m.

Source: Lexington Herald-Leader

Comair Whistleblower Wins Suit - Kentucky Whistleblower Lawyer

robert@robertabelllaw.com (Blog Author)17061 — Mon, 17 Aug 2009 08:00:00 EST

A Comair pilot has won his whistleblower suit, being reinstated to his job and awarded $150,000 in damages along with having his attorney's fees paid. Comair pilot Shane Sitts was fired after he refused to fly an airplane over safety concerns. A federal Department of Labor judge ruled that Sitts was entitled to be reinstated to his job, to recover $125,000 in back pay, $25,000 in other damages and to have his attorney's fees paid.

Robert L. Abell, a Lexington, Kentucky lawyer, represents employees in whistleblower claims and lawsuits.

Deputy Sheriffs File Class Action Suit for Unpaid Overtime - Kentucky Overtime Lawyer

robert@robertabelllaw.com (Blog Author)16768 — Wed, 12 Aug 2009 08:00:00 EST

Deputy sheriffs that work at a county jail have filed a class action lawsuit for unpaid overtime compensation. The lawsuit claims that the employees were required to attend pre-shift meetings 15 minutes before they clocked in and that they are entitled to compensation for that time worked. The suit is against Maricopa County, Arizona and seeks $8 million in unpaid overtime.

Robert L. Abell, a Lexington, Kentucky lawyer, represents employees in claims and lawsuits for overtime compensation.

Source: Arizona Republic

$1.8 Million Disability Discrimination Verdict

robert@robertabelllaw.com (Blog Author)16760 — Wed, 12 Aug 2009 08:00:00 EST

A worker fired because his employer refused to reasonably accomodate his disability, depression, won a $1.8 million jury verdict. The employee, Scott Jones, suffered from depression and an impairment to his ability to concentrate. He advised his supervisor of his condition and was referred to an employee assistance program. He was fired three months later for alleged poor job performance, although his performance reviews reflected satisfactory evaluations.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents individuals in disability discrimination claims and cases under the Americans With Disabilities Act and Kentucky law.

Source: Atlantic City Press

Unpaid Commissions Sought In Class Action Suit

robert@robertabelllaw.com (Blog Author)16737 — Tue, 11 Aug 2009 08:00:00 EST

Unpaid sales commissions are sought in a class action lawsuit filed against Hewlett-Packard. The suit claims that the company's software failed to properly account for the sales. The suit also claims that more than $5 million in sales commissions are owed.

Source: San Jose Mercury News

Workplace Death Results In OSHA Fine - Kentucky Work Injury Lawyer

robert@robertabelllaw.com (Blog Author)16477 — Thu, 06 Aug 2009 08:00:00 EST

A workplace forklift accident that killed a worker, a 17 year old male, has resulted in an OSHA fine of $16,000. The workplace accident happened at a meatpacking plant. OSHA found serious violations in inadequate training of forklift drivers, inadequate supervision of forklift trainees and irregular use of seatbelts.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents employees in work injury cases.

Source: Omaha World-Herald

Bicyclist Killed By Drunk Driver In Louisville

robert@robertabelllaw.com (Blog Author)16229 — Sun, 02 Aug 2009 08:00:00 EST

A bicyclist, John Carr of Owenton, who was competing in a triathlon was struck and killed by car operated by a drunk driver Saturday, August 1, 2009, in Louisville.

Mr. Carr was participating in an annual triathlon staged at and near E.P. "Tom" Sawyer Park in Louisville.

The drunk driver was arrested on a number of charges including murder.

Source: Lexington Herald-Leader

Crash On New Circle Road Kills One, Injures One

robert@robertabelllaw.com (Blog Author)16228 — Sun, 02 Aug 2009 08:00:00 EST

A car crash early Saturday, August 1, 2009, at New Circle Road and Russell Cave Road killed one Lexington man and injured another. Benny Hughes of Lexington was killed when he ran a red light at the intersection. Benny Speigle of Lexington was driving a pickup truck that was hit by Mr. Hughes' car. Mr. Speigle was injured in the accident.

Robert L. Abell, a Lexington, Kentucky lawyer, represents individuals and families injured in auto accidents.

Source: Lexington Herald-Leader

Overtime Settlement $17.25 Million - Kentucky Overtime Lawyer

robert@robertabelllaw.com (Blog Author)16227 — Sun, 02 Aug 2009 08:00:00 EST

Utility company employees claiming that they were misclassified as exempt from overtime have settled their overtime lawsuit for $17.25 million. The employees worked in the following positions: senior new business representative, industrial power engineer, electric distribution engineer, and gas distribution engineer. The employees claimed that they were misclassified as salaried employees and wrongly denied overtime compensation.

Robert L. Abell, a Lexington, Kentucky lawyer, represents employees in claims and lawsuits seeking overtime compensation.

Source: San Jose Mercury News

Police Officers Win Race Discrimination Suit

robert@robertabelllaw.com (Blog Author)16154 — Fri, 31 Jul 2009 08:00:00 EST

Police officers have won a race discrimination suit against the town of Greenwich, Connecticut. Minority police officers claimed that the town's police department allowed and tolerated a work environment hostile to minority officers and failed to offer them opportunities for promotion and higher-paying assignments.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents individuals in hostile work environment and discrimination cases.

Source: New York Times

State Workers Awarded $42 Million In Back Pay - Kentucky Wages Lawyer

robert@robertabelllaw.com (Blog Author)16070 — Wed, 29 Jul 2009 08:00:00 EST

State workers in Indiana have been awarded $42 million in back pay in a class action lawsuit. The individual employees claimed that they were underpaid because they worked 40 hour weeks from 1973 to 1993 while other state employees in similar jobs were paid the same but worked only 37.5 hours per week. An estimated 15,000 state employees are owed some back pay.

Robert L. Abell, a Lexington, Kentucky lawyer, represents employees and workers in claims for wages and overtime pay and compensation.

West Liberty Man Killed In Crash

robert@robertabelllaw.com (Blog Author)16026 — Wed, 29 Jul 2009 08:00:00 EST

A West Liberty man, Robert Helton, was killed Tuesday night, July 28, 2009, in an accident on Ky. 844 in Morgan County. The crash happened about 8 p.m. Mr. Helton was a student at the University of Kentucky.

Source: Lexington Herald-Leader

Grant County Man Electrocuted -- Kentucky Work Injury Lawyer

robert@robertabelllaw.com (Blog Author)15981 — Tue, 28 Jul 2009 08:00:00 EST

A Grant County man, Tyler Cummins of Dry Ridge, was electrocuted and killed Monday, July 27, 2009, in a dump truck accident at Showplace Landscaping. The dump truck struck some power lines which fell and electrocuted Mr. Cummins.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents individuals injured or killed in on the job accidents and workers compensation cases.

Source: Lexington Herald-Leader

Spencer County Wreck Kills Shelbyville Man

robert@robertabelllaw.com (Blog Author)15844 — Sun, 26 Jul 2009 08:00:00 EST

A wreck in Spencer County on Friday, July 24, 2009, killed a Shelbyville man and injured a family of five from Louisville. Demond Board of Shelbyville was killed in the accident, which occurred on Ky. 55. Gerry Botson and Tammy Botson and three children from Louisville were injured and taken for care at Louisville hospitals.

Robert L. Abell, a Lexington, Kentucky lawyer, represents families and individuals injured in vehicle and car accidents and wrecks.

Source: Lexington Herald-Leader

$9.1 Sex Discrimination Settlement with Dell Computers - Kentucky Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)15797 — Fri, 24 Jul 2009 08:00:00 EST

A $9.1 million settlement in a sex discrimination class action lawsuit against Dell Computers has been reached. The suit alleged gender discrimination with respect to compensation and promotion of female employees. $5.6 million of the settlement will be devoted to back pay for female employees that were paid less because of their gender. $3.5 million will be designated for a pay equity fund for current female employees in management and nonmanagement employees.

Robert L. Abell a Lexington, Kentucky lawyer represents individuals in sex discrimination and gender discrimination lawsuits.

$3.5 Million Trucking Accident Verdict -- Kentucky Trucking Accident Lawyer

robert@robertabelllaw.com (Blog Author)15796 — Fri, 24 Jul 2009 08:00:00 EST

A jury verdict has awarded $3.5 million to the estate of a man killed in a trucking accident. The estate claimed that a logging truck was going too fast and had defective brakes in violation of state law. The trucking company's insurance company, Progressive Insurance, refused any settlement prior to trial.

Robert L. Abell a lawyer in Lexington, Kentucky represents individuals and families killed or injured in trucking accidents.

Source: Montgomery Advertiser

Tellers & Personal Bankers Sue Bank of America For Overtime - Kentucky Overtime Lawyer

robert@robertabelllaw.com (Blog Author)15738 — Thu, 23 Jul 2009 08:00:00 EST

Tellers and personal bankers have filed a class action lawsuit against Bank of America for overtime pay. The suit is filed under the federal Fair Labor Standards Act, which requires payment of overtime, and makes three principal claims:

(1) tellers and personal bankers were prohibited from recording more that they worked more than 40 hours in a week;
(2) their time cards were changed when they did record that they worked more than 40 hours in a week; and,
(3) they were given "comp time" instead of overtime pay.

Robert L. Abell a Lexington, Kentucky lawyer represents individuals in their claims and lawsuits for overtime compensation.

Source: Charlotte Business Journal

Overtime Suit Against Home Depot by Assistant Managers

robert@robertabelllaw.com (Blog Author)15712 — Thu, 23 Jul 2009 08:00:00 EST

Former assistant managers filed a class action against Home Depot seeking overtime pay. The suit claims that Home Depot deliberately misclassified the assistant managers as exempt from overtime. The assistant managers also claim that they were regularly required to work a minimum of 55 hourse a week and were not paid time and a half for those hours over forty.

Robert L. Abell is a lawyer in Lexington, Kentucky that represents employees on their claims and lawsuits for overtime pay.

Source: Reuters

Doctor With MS Wins Suit For Disability Benefits Against Hartford Life

robert@robertabelllaw.com (Blog Author)15703 — Wed, 22 Jul 2009 08:00:00 EST

A doctor with multiple sclerosis and other medical problems has won her suit for disability insurance benefits against Hartford Life. The Sixth Circuit Court of Appeals ruled that Hartford Life was arbitrary and caprcious in denying the doctor's claim for benefits. Bloom v. Hartford Life, No 07-6374 (July 21, 2009).

Robert L. Abell, a lawyer in Lexington, Kentucky, represents individuals on their claims for disability insurance benefits.

Hispanic Worker Deaths Show Sharp Rise -- Kentucky Work Injury Lawyer

robert@robertabelllaw.com (Blog Author)15579 — Mon, 20 Jul 2009 08:00:00 EST

Hispanic worker deaths have sharply increased, even though overall worker deaths are declining. Deaths of Hispanic workers have increased 76% since 1992; worker fatalities overall have declined 10% in the same period.

Robert L. Abell, a Lexington, Kentucky lawyer, represents persons who have suffered a work injury in workers compensation cases.

Source: USA Today

Disability Insurance Benefits Reinstated By Court -- Lexington Disability Benefits Lawyer

robert@robertabelllaw.com (Blog Author)15512 — Sun, 19 Jul 2009 08:00:00 EST

The termination of disability benefits by Paul Revere Life Insurance Company and Provident Life and Accident Insurance Company was reversed and benefits reinstated by the court in Kramer v. Paul Revere Life Insurance Company, No. 07-1552 (6th Circuit, April 8, 2009). The court found that "there is no explanation for the decision to cancel benefits that had been paid for some five years based upon the initial determination of total disability in the absence of any medical evidence that the plaintiff's condition had improved during that time."

Robert L. Abell is a Lexington, Kentucky lawyer that represents individuals in disability benefits claims and cases.

Worker Injured By Unexplained Fall Entitled To Benefits -- Kentucky Workers Compensation Lawyer

robert@robertabelllaw.com (Blog Author)15511 — Sun, 19 Jul 2009 08:00:00 EST

A worker injured due to an unexplained fall is entitled to workers compensation benefits the Kentucky Supreme Court recently ruled in Vacuum Depositing v. Dever, No. 2008-SC-853-WC (June 25, 2009). The court ruled that the cause of an unexplained fall is presumed to be work-related and the injured worker entitled to workers compensation benefits unless the employer could show with substantial evidence that the injury was not work-related.

Robert L. Abell, a Lexington, Kentucky lawyer, represents injured workers in workers compensation cases and claims.

Sexual Harassment Suit Against City -- Kentucky Sexual Harassment Lawyer

robert@robertabelllaw.com (Blog Author)15509 — Sat, 18 Jul 2009 08:00:00 EST

A sexual harassment and race discrimination suit has been filed against the City of Annapolis, Maryland by its director of small and minority business enterprise development, Ruby Blakeney.

Blakeney claims in her lawsuit that the city director of economic affairs, Mike Miron, treated white employees better than her, told her that she wold have been excluded from a business lunch in days of segregation, and made sexually offensive comments to her and other women. Blakeney also claims that the mayor's boyfriend, Dale Maddox, groped her at a public event and later called her "Aunt Jemima." After the city failed to take any corrective action and she filed a charge of discrimination with the EEOC, she suffered retaliation in the form of micro-managing of her schedule, exclusion from managment-level meetings and denied computer equipment essential for her job.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents individual employees subjected to sexual harassment and discrimination in their jobs.

Source: Annapolis Capital

Lewis County Crash Kills Two -- Kentucky Car Accident Lawyer

robert@robertabelllaw.com (Blog Author)15507 — Sat, 18 Jul 2009 08:00:00 EST

A vehicle crash in Lewis County on Ky. 57 on Friday, July 17, 2009, killed two people. Jack Mulliken and Evelyn Mulliken both of Tollesboro were killed in the accident. Two other vehicles, a tractor-trailer and a Toyota Highlander, were also involved in the crash; their drivers were not injured.

Robert L. Abell, a Lexington, Kentucky lawyer, represents persons injured in car accidents and wrecks.

Source: Lexington Herald-Leader

Age Discrimination Focus of EEOC Hearing -- Kentucky Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)15442 — Thu, 16 Jul 2009 08:00:00 EST

Age discrimination was the focus of a hearing before the EEOC on Wednesday, July 15. Age discrimination charges with EEOC increased 30% from 2007 to 2008. These numbers led Stuart Ishimaru, acting chairman of the EEOC, to wonder whether "the public generally realizes that age discrimination is illegal." Numerous witnesses noted that a number of decisions by the United States Supreme Court have sharply curtailed age discrimination protections and called for Congressional action.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents individual in age discrimination and other discrimination cases.

Source: Washington Post

OSHA Investigates Construction Deaths -- Kentucky Work Injury Lawyer

robert@robertabelllaw.com (Blog Author)15439 — Thu, 16 Jul 2009 08:00:00 EST

A sharp increase in construction job deaths has provoked an OSHA investigation in Texas. Construction deaths have increased 31% over the course of the last four years in Texas. 144 workers were killed in construction deaths in 2007, the last year for which full statistics are available.

Robert L. Abell, a Lexington, Kentucky lawyer, represents injured workers in work injury and workers compensation cases.

Source: Houston Chronicle

Whistleblower Claims Medicare Fraud

robert@robertabelllaw.com (Blog Author)15385 — Wed, 15 Jul 2009 08:00:00 EST

A whistleblower claims in a number of lawsuits under the federal False Claims Act that the Medicare program was defrauded by medical device makers. The suits variously charge that the companies, which include Boston Scientific, Medtronic, Inc., St. Jude Medical Inc., Endoscopic Technologies, Inc. and others, with inflating the costs of cardiac procedures covered by Medicare by wrongfully and deceptively marketing their products and encouraging doctors and hospitals to use unnecessary procedures.

Endoscopic Technologies last week agreed to pay $1.4 million to settle the case against it.

The federal False Claims Act allows whistleblowers to file suit against companies that have or are defrauding the government and, if successful, to keep 15-25% of the monies recovered.

Source: Bloomberg

$21 Million Settlement In Race Bias Suits Against Kodak -- Kentucky Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)15362 — Wed, 15 Jul 2009 08:00:00 EST

Two race discrimination lawsuits against the Kodak Company have been settled for $21 million. The two class action lawsuits claimed race discrimination in promotions and pay practices. The settlement is subject to approval by the federal district court in Rochester, New York.

Robert L. Abell is a lawyer in Lexington, Kentucky that represents employees in discrimination cases and lawsuits.

Source: Rochester Democrat-Chronicle

Whistleblower Firefighters File Retaliation Suit

robert@robertabelllaw.com (Blog Author)15254 — Tue, 14 Jul 2009 08:00:00 EST

A whistleblower lawsuit has been filed by two top commanders in the Los Angeles Fire Department claiming that they were retaliated against because of their whistleblowing reports about misconduct, including at least one false arrest and fabrication of evidence.

The firefighters, Battalion Chief John Miller and Capt. Michael Rueda, claim that they were removed from the Fire Department's elite Arson & Counterterrorism Unit after reporting violations of federal and state statutes by other members of the unit. Both men are long-time veterans with 30 plus years of service.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents individual employees in whistleblower suits arising in both the public and private sectors.

Source: Los Angeles Times

US 42 Crash Kills One, Injures Two -- Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)15206 — Mon, 13 Jul 2009 08:00:00 EST

A car crash on U.S. 42 in Boone County near Verona has killed one and injured two. About 6:30 pm Saturday, July 11, 2009, William Beach of Florence, was killed in an accident that injured Alan Baxter and Debra Baxter of Sparta. The Baxters were taken to nearby hospitals for treatment.

USERRA Win By National Guardsman -- Kentucky Employment Lawyer

robert@robertabelllaw.com (Blog Author)15198 — Sun, 12 Jul 2009 08:00:00 EST

USERRA makes in unlawful to discharge an employee based on their military service obligations. A National Guardsman won his USERRA case and was awarded more than $300,000 damages recently in Hance v. Norfolk Southern, No. 07-5475 (6th Cir. July 1, 2009).

For further information on your rights under USERRA and this case click here.

Robert L. Abell is a Lexington, Kentucky lawyer that represents employees in discrimination cases including USERRA cases.

Sex Discrimination Suit Settled Against Temp Agency for $250,000 -- Lexington Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)15162 — Sun, 12 Jul 2009 08:00:00 EST

A sex discrimination lawsuit against a temp agency has been settled for $250,000. The lawsuit charged that the temp agency, Preferred Labor LLC, charging that a temp agency followed illegal customer requests for male-only workers and retaliatated against one woman that complained.

Federal and Kentucky anti-discrimination laws prohibit discrimination between male and female employees in the terms, conditions and opportunities of employment.

Robert L. Abell is a lawyer in Lexington, Kentucky representing employees that have suffered discrimination in their employment.

Source: Boston Herald

Pizza Delivery Drivers Seek Unpaid Wages -- Kentucky Wage Lawyer

robert@robertabelllaw.com (Blog Author)15161 — Sun, 12 Jul 2009 08:00:00 EST

A class action lawsuit by Pizza Hut delivery drivers claims that they were not paid even the minimum wage. The suit filed in federal court in Kansas City against the largest Pizza Hut franchisee the country, NPC International, Inc., alleges that the drivers were not paid at a rate equal to the minimum wage because they were not adequately compensated for use of their own vehicles in their jobs. The drivers also claim that they were not compensated for use of their own cell phones during their jobs.

The suit is brought under the federal Fair Labor Standards Act. The class of affected employees may be as much as 20,000

Robert L. Abell, a wage and hour lawyer in Lexington, Kentucky, represents employees in suits under the Fair Labor Standards Act and the Kentucky wage and hour law.

Overtime Lawsuit Over Missed Meal Breaks Moves Forward -- Kentucky Overtime Lawyer

robert@robertabelllaw.com (Blog Author)15160 — Sun, 12 Jul 2009 08:00:00 EST

A class action lawsuit under the Fair Labor Standards Act seeking unpaid overtime is moving forward. Employees of three Pittsburgh area hospitals, the University of Pittsburgh Medical Center, West Allegheny Health Center and Mercy Hospital, that either missed their meal breaks or were responsible for continuing to perform work while they were supposed to be on break claim that they are due overtime compensation for this time worked. The class of employees affected by the suit is about 100,000 persons.

This suit was the subject of an earlier report, "Nurses File Class Action Suit for Training and Mealtime Pay"

Employers are not required to pay employees during their meal breaks, but employers are required to pay employees for the time they work. If an employee works through his or her lunch break, they must be paid. If an employee's meal break is interrupted by work duties, they must be paid according to the U.S. Department of Labor.

Robert L. Abell from his office in Lexington, Kentucky represents employees seeking in wage and hour and overtime compensation claims under both the federal Fair Labor Standards Act and Kentucky wage and hour laws.

Source: Pittsburgh Post-Gazette

Race Discrimination Class Action Against Wal-Mart Settled - Kentucky Employment Lawyer

robert@robertabelllaw.com (Blog Author)15103 — Fri, 10 Jul 2009 08:00:00 EST

A class action race discrimination lawsuit brought by truckdrivers has been settled for $17.5 million. A federal judge approved the settlement on behalf of black truck drivers who applied to drive for Wal-Mart between 2001 and 2008 and were turned away.

Source: law.com

Two Car Crash Near Somerset Kills One -- Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)15078 — Thu, 09 Jul 2009 08:00:00 EST

One woman, Amanda Neely of Pulaski County, was killed and three other people badly injured in a two-car crash about 15 miles south of Somerset in Pulaski County on U.S. 27 early Thursday, July 9, 2009. The injured, Ashley Worley and Michael Messamore of Somerset and Joshua Ware of Ferguson were flown to UK medical center for treatment. State police were continuing their investigation early Friday morning, July 10.

Source: Lexington Herald-Leader

Pension Calculation Change Target Of Class Action Lawsuit -- Kentucky Employee Benefits Lawyer

robert@robertabelllaw.com (Blog Author)14969 — Tue, 07 Jul 2009 08:00:00 EST

A change in the pension calculation formula used by Delta Airlines has provoked a class action lawsuit by a thirty year employee. The change regarded the Social Security benefits offset for pension benefits. The suit claims tha the reduction violates the "anti-cutback" provisions of the federal pension law, the Employee Retirement Income Security Act (ERISA).

Source: Atlanta Journal-Constitution

Safety Violations Provoke $107,500 In OSHA Fines -- Kentucky Work Injury Lawyer

robert@robertabelllaw.com (Blog Author)14967 — Tue, 07 Jul 2009 08:00:00 EST

Workplace safety violations have led to $107,500 in proposed OSHA fines for a Delaware refinery. OSHA cited a number of repeat violations: failure to conduct and document safety inspections, failure to conduct and document safety tests on equipment, failure to conduct a hazard analysis, and failure to maintain safety information for employees. In addition to the repeat violations, OSHA also issued citations for failure to address the findings of a hazard analysis, failure to complete thorough incident reports and failure to use a proper procedure to change and publish safety guidelines.

Pregnant Police Officer Wins Discrimination Case -- Kentucky Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)14966 — Tue, 07 Jul 2009 08:00:00 EST

A pregnant police officer has won her lawsuit claiming that she was discriminated against based on her female sex when the police department refused to assign her to light duty when she became pregnant. The police officer, Tara Germain, was given the choice of working through her pregnancy or taking unpaid leave. The jury found that the police officer was discriminated against based on her gender by the denial of a light duty assignment, because it disproportionally impacted women and did not have a rational business justification. The jury also found that the police department's refusal to allow the officer's husband to donate accrued leave time to her was retaliatory.

Source: Newsday

Whistleblower Reinstated -- Kentucky Whistleblower Lawyer

robert@robertabelllaw.com (Blog Author)14965 — Tue, 07 Jul 2009 08:00:00 EST

A whistleblower, who reported illegal activities and was fired as a result, has been reinstated to his job by a judge's order. The whistleblower, who worked as a professional hunter for the U.S. Department of Agriculture's Wildlife Services division, was fired after reporting to his supervisor that two co-workers had illegally shot mountain lions from a government airplane. Public Employees for Environmental Responsibility, a watchdog group, assisted the whistleblower, Gary Strader, and his lawyer.

Sturgis Women Killed In Nevada Crash - Kentucky Car Accident Lawyer

robert@robertabelllaw.com (Blog Author)14907 — Mon, 06 Jul 2009 08:00:00 EST

A vehicle crash near Elko, Nevada has killed two women from Sturgis and injured another. Buffie Koue and Joan Pearson of Sturgis were killed when their pickup truck overturned. A third woman was taken for treatment at a nearby hospital. The accident happened on I-80.

Nurse Sues For Disability Discrimination - Kentucky Disability Lawyer

robert@robertabelllaw.com (Blog Author)14828 — Sun, 05 Jul 2009 08:00:00 EST

A nurse, who developed problems walking and was denied a reasonable accomodation by her employer, has filed a lawsuit charging disability discrimination.

The nurse, Barbara Johansen, suffers from charcot foot, a condition caused by nerve damage that results in a sudden softening of the bones in the foot. Because of the difficulties this condition presented for her in walking, Johansen requested, as a reasonable accomodation for her disability, that she be reassigned to triage in the hospital's emergency room.

After the hospital refused her any accomodation, she was eventually forced to take medical leave and was fired when she ran out of leave. She filed suit alleging that she was discriminated against based on her disability in violation of the Americans With Disabilties Act.

Disability discrimination violates both the federal Americans With Disabilities Act and the Kentucky Civil Rights Act.

Source: North Platte Bulletin

Water Skier Killed On Lake Williamstown - Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)14800 — Sat, 04 Jul 2009 08:00:00 EST

A water skier, Grant Griffith of Dry Ridge, was killed Friday, July 2, 2009, in an accident on Lake Williamstown. Griffith was hit by a boat while in the water after falling off his skis.

Harrodsburg Woman Killed In Car Crash, Driver Flees Scene -- Kentucky Car Wreck Lawyer

robert@robertabelllaw.com (Blog Author)14799 — Sat, 04 Jul 2009 08:00:00 EST

A Harrodsburg woman, Kristine Taylor, was killed in a car wreck in Mercer County on Thursday, July 2, 2009, on Cornishville Road. The car Ms. Taylor was riding in crashed through a fence. The driver of the car fled the scene. Mercer County law enforcement was looking for the driver as of Saturday morning, July 4.

Source: Lexington Herald-Leader

Motorcycle Crash In Garrard County Kills One - Kentucky Motorcycle Lawyer

robert@robertabelllaw.com (Blog Author)14798 — Sat, 04 Jul 2009 08:00:00 EST

A mororcycle wreck in Garrard County on U.S. 27 on Friday, July 3, 2009, killed a woman. The accident happened about 2:45 p.m. Further information was unavailable early Saturday, July 4.

Source: Lexington Herald-Leader

Motorcyclist Killed On Athens-Boonesboro Road -- Lexington Accident Lawyer

robert@robertabelllaw.com (Blog Author)14797 — Sat, 04 Jul 2009 08:00:00 EST

A motorcyclist, Billy Sparks of Fayette County, was killed Thursday, July 2, 2009, in a motorcycle crash on Athens-Boonesboro Road. The accident happened about 8:45 p.m. near Hall's On The River.

Source: Lexington Herald-Leader

I-75 Car Crash Kills Four From Midway - Kentucky Car Accident Lawyer

robert@robertabelllaw.com (Blog Author)14772 — Fri, 03 Jul 2009 08:00:00 EST

Four people from Midway, Jerome Roberts, Cheryl Collins, August Roberts and Mahronda Collins, were killed Thursday, July 2, 2009, in a car crash on I-75 south of Valdosta, Georgia. According to a report, a collision happened about 2:30 a.m. involving two cars and a Penske rental truck that resulted in the Kentuckians' car turning over, catching fire and killing its occupants. Further details were unavailable early Friday morning.

Elliott County Wreck Kills Two - Kentucky Car Accident Lawyer

robert@robertabelllaw.com (Blog Author)14753 — Thu, 02 Jul 2009 08:00:00 EST

E.H. Evans of Sandy Hook and Lisa Crockett of Olive Hill were killed Wednesday, July 1, 2009, in a car crash in Elliott County. The wreck happened on Ky. 7 near the town of Bruin when the car went out of control and rolled several times.

Source: kentucky.com

$2.3 Million Settlement In Bicyclist's Death

robert@robertabelllaw.com (Blog Author)14752 — Thu, 02 Jul 2009 08:00:00 EST

A lawsuit by the family of a bicyclist killed when a deputy sheriff fell asleep at the wheel of his patrol car and plowed into a group of bicyclists has been settled for $2.3 million. One other cyclist was killed in the accident and another badly injured.

Disability Discrimination Enforcement Stepped Up By EEOC -- Kentucky Disability Lawyer

robert@robertabelllaw.com (Blog Author)14558 — Tue, 30 Jun 2009 08:00:00 EST

Disability discrimination complaints filed with the Equal Employment Opportunity Commission (EEOC) increased 10% in 2008 to its highest level in 14 years. The rise in complaints has been accompanied by a spike in enforcement actions including lawsuits recently filed against KMart, Beverage Solutions, Inc., United Airlines, and a North Carolina hospital.

Discrimination based on a person's disability is prohibited by the Americans With Disabilities Act and the Kentucky Civil Rights Act.

Source: National Law Journal

Women Sue Bank of America Over Lesser Bonuses

robert@robertabelllaw.com (Blog Author)14477 — Mon, 29 Jun 2009 08:00:00 EST

Women brokers have sued Bank of America in a class action sex discrimination lawsuit claiming that they were typically eligible for lower retention bonuses based on a discriminatory practice of steering wealthier clients toward men. The essence of the claim is that the retention bonus program disproportionately disfavors women while disproproportionately favoring white men.

Citigroup last year settled a similar lawsuit for $33 million involving sex discrimination in its Smith Barney unit.

Source: Reuters

Whistleblower Suit Filed By Fired DMV Employee - Kentucky Whistleblower Lawyer

robert@robertabelllaw.com (Blog Author)14474 — Mon, 29 Jun 2009 08:00:00 EST

A whistleblower lawsuit has been filed by a fired Department of Motor Vehicle employee. Ken Cassidy, the whistleblower, tipped off the local paper, the Raleigh News-Observer, about an improper hiring in the department's emissions program and also that emissions program employees had so little to do that they were done with their job tasks by noon.

As a result of Cassidy's whistleblowing to the newspaper, three things happened: the improper hiring was undone, the do-nothing workers were given additional duties and Cassidy was barred from having any discussions with emission program employees. He was fired a few months later for allegedly having a discussion with an emission program employee.

Lexington, Kentucky whistleblower lawyer Robert Abell represents employees from both the private and public sectors in whistleblowing cases.

$2.5 Million Settlement In Race Discrimination Suit -- Kentucky Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)14426 — Sun, 28 Jun 2009 08:00:00 EST

Black police officers have settled a race discrimination suit against the City of Baltimore for a payout of $2.5 million and a number of reform measures. The officers claimed that they were disciplined more harshly than their white counterparts. In addition to the money payment, the police department will hire an experienced outside consultant for a period of three years to monitor disciplinary activity. The charging committee that considers disciplinary action wil include at least one black officer and at least one woman under terms of the agreement.

Source: Baltimore Sun

Electrician Killed At Fazoli's Restaurant - Kentucky Work Injury Lawyer

robert@robertabelllaw.com (Blog Author)14424 — Sun, 28 Jun 2009 08:00:00 EST

A Clark County electrician, Rick Wasson, was killed Thursday, June 25, 2009, at a Fazoli's Restaurant in Richmond. Mr. Wasson was working on a convection oven at the restaurant when he was electrocuted and killed.

Source: Lexington Herald-Leader

Lexington Man Killed In Morgan County Crash - Lexington Accident Lawyer

robert@robertabelllaw.com (Blog Author)14414 — Sun, 28 Jun 2009 08:00:00 EST

Ron Zavitz of Lexington was killed Friday, June 26, 2009, in a car crash in Morgan County. Mr. Zavitz was driving north on Ky. 519 near West Liberty when a pickup truck crossed the center line and hit his car.

Ron Zavitz was an avid golfer, both an excellent player and teacher.

Source: Lexington Herald-Leader

Bicyclist Hit By Car -- Kentucky Bicycle Injury Lawyer

robert@robertabelllaw.com (Blog Author)14402 — Sat, 27 Jun 2009 08:00:00 EST

A bicyclist was hit by a car in Louisville at 41st and Main Saturday afternoon, June 27, 2009. The bicyclist, according to reports, suffered a hip injury in the accident.

Motorcyclist Killed In Casey County Crash -- Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)14397 — Sat, 27 Jun 2009 08:00:00 EST

A motorcyclist, William Hutchison, was killed in a crash in Casey County on Friday, June 26, 2009. The accident happened on Ky. 80 near the town of Windsor. According to reports, Mr. Hutchison was not wearng a helmet.

Source: Lexington Herald-Leader

Class Action Wage Suit Against Northwestern Mutual - Kentucky Overtime Lawyer

robert@robertabelllaw.com (Blog Author)14345 — Fri, 26 Jun 2009 08:00:00 EST

A class action lawsuit filed in federal court in San Diego claims that representatives for Northwestern Mutual were misclassified as independent contractors instead of employees. The representatives were paid only on a commission basis. The suit claims that the representatives, since they were in fact and law employees, are owed back wages and overtime.

$3.1 Million In Back Pay Ordered In Race Discrimination Suit - Kentucky Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)14344 — Fri, 26 Jun 2009 08:00:00 EST

$3.1 million in back pay has been ordered by a federal judge in a race discrimination suit. A judge found based on the evidence that the company discriminated against black workers in promotions and assignments. The effect of this discrimination was to produce a pattern extending across many years in African-American shortfalls in promotions. The employer, Lufkin Industries, was also ordered to stop channeling new black employees into the worst and least desirable assignments.

$14.6 Million Verdict On Uninsured Motorist Claim -- Lexington Accident Lawyer

robert@robertabelllaw.com (Blog Author)14337 — Thu, 25 Jun 2009 08:00:00 EST

A paralyzed truck driver received a $14.6 million verdict on an uninsured motorist lawsuit. The truck driver swerved to avoid a car that ran a stop sign and his truck overturned. He was paralyzed in the accident. His insurer, National Casualty Company, denied coverage forcing the injured truck driver to sue.

Disability Discrimination Suit Filed Against K-Mart -- Lexington Disability Lawyer

robert@robertabelllaw.com (Blog Author)14331 — Thu, 25 Jun 2009 08:00:00 EST

A disability discirmination lawsuit has been filed against K-Mart charging it unlawfully fired a greeter that used a cane to help him stand and walk. The lawsuit charges that K-Mart violated the Americans With Disabilities Act by refusing to allow the greeter to use his cane to walk. The lawsuit seeks recovery of back pay, compensatory damages and punitive damages.

Source: The Virginian-Pilot

Race Discrimination Suit Settled By Starbucks for $120,000 - Kentucky Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)14276 — Wed, 24 Jun 2009 08:00:00 EST

A race discrimination and retaliation suit against Starbucks has been settled for $120,000. The employee, a network engineer, claimed that he was subjected to racist treatment and comments by co-workers, reported the incidents to his supervisor and in retaliation had his workload increased and was given additional undesirable assignments.

Source: Seattle Times

I-64 Crash Kills Virginia Beach Woman - Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)14232 — Tue, 23 Jun 2009 08:00:00 EST

A car crash on I-64 Tuesday, June 23, 2009, near Frankfort killed a Virginia Beach woman, Patricia Mann.

Mann was riding in a van driven by Alice Justice of Hampton, Virginia, which lost control, entered the median and turned over. Justice was treated for injuries at the Frankfort Regional Medical Center. The accident happened about 1:00 p.m. in Franklin County as the van was traveling west.

Source: www.kentucky.com

Class Action Suit For Reduced Wages Approved - Kentucky Employment Lawyer

robert@robertabelllaw.com (Blog Author)14137 — Mon, 22 Jun 2009 08:00:00 EST

A class action under RICO for depressed or reduced wages caused by an employer's systematic hiring of undocumented workers was approved by the Eleventh Circuit in Williams v. Mohawk Industries, Inc., No. 08-13446 (11th Cir. May 28, 2009).

The employees, who are a class of hourly workers, claimed that Mohawk and various temporary employment agencies formed a RICO enterprise to hire illegal aliens and depress wages. The court reversed a district court's ruling and approved the lawsuit as a class action.

$3 Million Retaliation Verdict - Kentucky Employment Lawyer

robert@robertabelllaw.com (Blog Author)14126 — Mon, 22 Jun 2009 08:00:00 EST

A federal court jury in Denver last week returned a $3 million verdict for a discharged employee in a retaliation case.

Jennifer McInerney was a 12 year employee for a United Airlines and a ramp supervisor. She experienced pregnancy complications, exhausted her sick leave, vacation leave and FMLA leave and then requested to go on unpaid leave, which United had allowed a number of male ramp supervisors to do. But McInerney's request was denied and when she could not return to work, she was fired.

McInerney sued claiming that she was fired in retaliation for her complaints of sex discrimination. The federal court jury agreed with her and returned a verdict in her favor of $3 million on her retaliation claim.

It is a violation of both federal and Kentucky state law for an employer to retaliate against an employee that has in good faith complained of or reported sex discrimination.

Source: San Francisco Examiner

Homeowners Insurance Class Action Against Nationwide Settled - Kentucky Insurance Lawyer

robert@robertabelllaw.com (Blog Author)13783 — Tue, 16 Jun 2009 08:00:00 EST

A class action lawsuit claiming that Nationwide Insurance underpaid homeowners on their homeowners insurance clailms has been settled reports the Columbus Dispatch, "Nationwide Settles Suit Alleging It Underpaid." The lawsuit covered homeowners who filed claims between January 1, 1996 to March 2009 and claimed that Nationwide did not pay enough to cover claims because it withheld money that would have covered contractors' overhead and profit. Under the settlement Nationwide will pay claimants an amount equal to 20% of the amount that it has already paid.

Discharged Employee Entitled To Unused Vacation Pay - Kentucky Employment Lawyer

robert@robertabelllaw.com (Blog Author)13782 — Tue, 16 Jun 2009 08:00:00 EST

A discharged employee is entitled to be paid for him unused vacation pay the Massachusetts Supreme Judicial Court has ruled in Electronic Data Systems v. Attorney General, No. SJC 10260 (June 11, 2009). The basis for the Court's ruling was that the state's wage and hour law defined earned, accrued vacation pay as "wages" and further that all earned wages must be paid at the time of discharge.

One Killed, Many Injured In Pulaski County Crash - Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)13780 — Tue, 16 Jun 2009 08:00:00 EST

A Harlan County woman was killed and many other persons injured Tuesday, June 16, 2009, in a car crash in Pulaski County reports kentucky.com, "Woman Dies In Pulaski County Crash." Sherry Madon of Putney in Harlan County was killed on Ky. 80 west of Pulaski County when the 1998 Saturn she was riding in crossed the centerline and collided head-on with a dump truck. The driver of the car Madon was riding in, Carl Madon also of Harlan County, was injured as was a child. The dump truck driver, Jerry Creek of Manchester, was also injured. The wreck happened about 7:20 a.m. 14 miles west of Somerset.

$6.2 Million Verdict In Disability Insurance Bad Faith Case

robert@robertabelllaw.com (Blog Author)13777 — Tue, 16 Jun 2009 08:00:00 EST

A disability insurance company's bad faith practices have yielded a $6.2 million verdict to a claimant's estate reports the Rapid City Journal, "Federal Jury Awards Local Woman's Estate $6.2 Million."

The claimant, a high school Spanish teacher, took a home equity loan and, as a measure of protection, purchased disability insurance. Her health began to fail, she had to stop working full-time and she was eventually diagnosed with cancer. When she filed a claim, the insurance company made up a bogus ground that she had filed her claim too late. She hired a lawyer, who caught them in their lie and they then paid up in part. The jury awarded $200,000 in compensatory and $6 million in punitive damages. There was evidence that the insurance company systematically used deceptive practices to deny legitimate claims. The case is Powell v. CUNA Mutual Insurance Society.

Clay County Crash Kills Two - Kentucky Car Accident Lawyer

robert@robertabelllaw.com (Blog Author)13740 — Tue, 16 Jun 2009 08:00:00 EST

A truck crash on the Hal Rogers Parkway in Clay County Monday, June 15, 2009, killed two men reports kentucky.com,"Fiery Crash On Parkway Kills Two." The accident was a head-on collision between a pickup truck and a tractor trailer after the pickup truck crossed the center line. The tractor trailer was not carrying any fuel. Nonetheless, the wreck caused both vehicles to explode in flames and both drivers were killed. The accident happened about 3 p.m. three miles east of Manchester.

The men were identified Tuesday as Richard Napier of Manchester and Jimmie Baker of Bulan by kentucky.com, "Clay County Crash Victims Identified." Napier drove the pickup truck and Baker the tractor-trailer. Neither drug nor alcohol use was suspected.

I-64 Crash Kills West Liberty Man -- Kentucky Accident Lawyer

robert@robertabelllaw.com (Blog Author)13735 — Tue, 16 Jun 2009 08:00:00 EST

A car and truck crash on I-64 in Rowan County killed a West Liberty man, Clark Legg, on Monday, June 15, 2009, reports kentucky.com, "West Liberty Man Dies In I-64 Crash." According to the report, Mr. Legg was driving westbound on I-64 when his Ford Ranger was hit by a tractor trailer. It was also reported that Mr. Legg was not wearing a seat belt at the time of the accident.

Chronic Fatigue Syndrome Covered By ADA - Lexington Disability Discrimination Lawyer

robert@robertabelllaw.com (Blog Author)13658 — Sun, 14 Jun 2009 08:00:00 EST

Is Chronic Fatigue Syndrome a "disability" covered by the Americans With Disabilities Act? Yes answered the Fifth Circuit Court of Appeals in its recent decision in EEOC v. Chevron Phillips. The court ruled that the employee presented sufficient evidence that her Chronic Fatigue Syndrome posed a substantial limitation for her in the major life activities of caring for herself, thinking and sleeping.

For a medical condition to be a "disability" covered by the Americans With Disabilities Act it must pose a substantial limitation on a major life activity.

$1.45 Million Settlement In Sex Discrimination Lawsuit

robert@robertabelllaw.com (Blog Author)13643 — Sat, 13 Jun 2009 08:00:00 EST

A $1.45 million settlement of a sex discrimination lawsuit has been reached against the Schott Corporation, a maker of specialty glass products, the EEOC announces, "Schott North America To Pay $1.45 Million To Settle Sex Bias Lawsuit." The central claim in the case was that women employees were laid off at a grossly disproportionate rate as a result of a reorganization that purported to use criteria that were actually irrelevant to the jobs. In addition to the monetary payment, the employer will be required to have its managers engage in anti-discrimination and anti-harassment training, refrain from any retaliation and post a notice in its plant of the settlement.

Class Action For Unpaid Overtime Sought Against Mercedes

robert@robertabelllaw.com (Blog Author)13629 — Sat, 13 Jun 2009 08:00:00 EST

A class action lawsuit seeking unpaid overtime compensation on behalf of workers at Mercedes-Benz's Vance, Alabama has been filed in Alabama federal court reports the Birmingham News, "Mercedes Workers Sue For Overtime." The employees claim that they were required to attend meetings before the start of their shifts and were required to interrupt their breaks to cover for managers.

The federal Fair Labor Standards Act and Kentucky wage and hour law require that employees be compensated for all time they work for their employer's benefit. This includes time that they are required to be at the workplace before their official clock-in time.

Race Discrimination Lawsuit Against Eli Lilly Grows

robert@robertabelllaw.com (Blog Author)13628 — Sat, 13 Jun 2009 08:00:00 EST

A race discrimination lawsuit against Eli Lilly Company has grown to include more than 100 current and former employees reports the Indianapolis Star, "Workers Join Lilly Race-Bias Lawsuit." Class action status for more than 2000 black employees is sought. The essence of the claim is that black employees, at various Lilly worksites around the country, were paid less and denied promotional opportunities because they are black. The NAACP has joined in the lawsuit to help the employees.

Both federal and Kentucky state law prohibit race discrimination in the terms, conditions and opportunities of employment.

Canine Officer Sues For Unpaid Overtime

robert@robertabelllaw.com (Blog Author)13606 — Fri, 12 Jun 2009 08:00:00 EST

A police officer has sued for unpaid overtime compensation the Tampa Tribune reports, "Former Tarpon Springs Police Officer Sues City For Unpaid Overtime." The police officer was a canine handler and claims that the police canine was housed at his residence and he regularly worked above and beyond his 40 hour per week shift taking care of the police canine. The Fair Labor Standards Act requires that an employee be compensated for all time spent working for the employer's benefit and that all time in excess of 40 hours per week be compensated at an overtime rate of one and one half times the regular rate.

Canine officers in San Diego recently settled a similar lawsuit for overtime compensation. See "Police Canine Handlers Settle Overtime Suit."

Unpaid Overtime Sought By Mail Carriers In Class Action Lawsuit

robert@robertabelllaw.com (Blog Author)13602 — Fri, 12 Jun 2009 08:00:00 EST

A class action lawsuit for unpaid overtime has been filed by mail carriers against the United States Postal Service (USPS) reports the Southeast Texas Record, "Mail Carriers File Class Action Against USPS Over Labor Violations." The employees claim systemic violations of the Fair Labor Standards Act which requires that work over 8 hours a day and 40 hours per workweek be compensated at an overtime rate of one and half times the base rate. The mail carriers claim that they regularly had overtime disallowed, were compelled to work through lunch and other breaks and off the clock as part of USPS's deliberate management policies.

Sexual Harassment Suit by Police Officers Settled For $5 Million

robert@robertabelllaw.com (Blog Author)13572 — Thu, 11 Jun 2009 08:00:00 EST

A sexual harassment lawsuit by 14 female police officers has been settled for nearly $5 million reports the San Jose Mercury News, "Hayward Police Harassment Lawsuit Settled For Nearly $5 Million." The Heyward, California police officers claimed systemic harassment based on their gender and sexual orientation. Nine of the police officers remain employed at the police department.

Bell County Crash Kills One, Injures Two

robert@robertabelllaw.com (Blog Author)13491 — Wed, 10 Jun 2009 08:00:00 EST

A car crash in Bell County has killed one person and injured two reports kentucky.com, "Bell County Crash Kills Woman." Martha Whitehead of Pineville was killed Tuesday, June 9, 2009, in a wreck on Ky. 119. Her car collided with a pickup whose driver, Johnny Noe, was taken to Knoxville for treatment and whose passenger, Eric Noe, was treated at Pineville Community Hospital.

Firefighters Injured In Meade County Accident

robert@robertabelllaw.com (Blog Author)13395 — Mon, 08 Jun 2009 08:00:00 EST

Firefighters from Brandenburg and Doe Valley in Meade County were injured Monday, June 8, 2009, when their firetruck overturned as they rushed to a car accident scene kentucky.com reports, "Five Central Kentucky Firefighters Injured In Wreck." The fire truck wrecked on Ky. 448. The injured firefighters were taken to University of Louisville hospital for treatment of injuries, some serious.

Pike County Man Killed In Car Crash

robert@robertabelllaw.com (Blog Author)13394 — Mon, 08 Jun 2009 08:00:00 EST

A Pike County man, Donnie Abshire of Phyllis, was killed Monday, June 8, 2009, in a single-car crash reports kentucky.com, "Crash Kills Pike County Man." The wreck happened on Ky. 194. The driver of the car, James Mullins also of Phyllis, was evacuated by helicopter to Kingsport, Tennessee for medical treatment.

Harrison County Car Crash Kills Guardsman - Kentucky Car Accident Lawyer

robert@robertabelllaw.com (Blog Author)13349 — Mon, 08 Jun 2009 08:00:00 EST

A car crash in Harrison County on U.S. 27 killed a Cynthiana man and National Guardsman, Daniel Westfall, early Sunday, June 7, 2009, reports kentucky.com, "Guardsman Dies In Auto Accident." Mr. Westfall returned earlier this spring after service defending our country in Afghanistan. The wreck happened about four miles outside Cynthiana.

Sealing Court Documents Harms Public

robert@robertabelllaw.com (Blog Author)13335 — Sun, 07 Jun 2009 08:00:00 EST

Sealing court documents prevents families from learning about dangerous products and is harmful to the public interest. Congress is considering the Sunshine In Litigation Act to end the practice and promote family safety.

Here's an example according to the American Association for Justice: Bausch & Lomb has settled more than 600 contact lens solution cases in the last year. The solution is said to cause fungus infections and can cause blindness. Yet Bausch & Lomb forced all court documents in the case to remain sealed, keeping contact solution users and doctors without any knowledge of the causes of the infections. Among the sealed documents are internal investigations into the cause of the fungus infections and details of outdated company testing procedures used for market approval-standards which are widely used by other contact solution manufacturers. Read here the AAJ's press release: Loophole In the Courts Leaves Dangerous Products On the Market: Car Tires and Contact Lens Solution Just Two Examples.

Another example is a lawsuit filed against Cooper Tires contending defects allowed the tread to separate from the tires and caused the deadly rollover that killed eight students and a teacher from Utah State University. A key piece of evidence is a memo that the lawyer representing the families located in a court record in Mississippi. The memo shows that Cooper Tires did away with the basic safety feature that would have prevented the deadly tire separations and associated rollover problems. The families' lawyer, Bruce Kaster, testified to the House Judiciary Committee: "Tens of thousands of Americans, if not hundreds of thousands, have been killed or seriously injured by defective products that manufacturers are aware of, but the public is not," because they manage to seal sensitive documents in court. The Deseret News reports further: Do Courts Sanction Suit Secrets?

Trucking Companies Sued For Honeymooners' Deaths

robert@robertabelllaw.com (Blog Author)13334 — Sun, 07 Jun 2009 08:00:00 EST

Two trucking companies are the target of a trucking accident lawsuit arising from the deaths of a couple on their honeymoon reports the Las Vegas Sun. J.B. Hunt Trucking of Arkansas and Stan Trucking of Clearwater, Florida were sued for negligence in the hiring, training and supervision of their drivers. The couple, which was on the wedding honeymoon, had stopped to repair a flat tire on the right side of the interstate highway. One truck struck both and, a short time later, the next truck ran over them. Neither truck stopped and both drivers later claimed that they had not known they had hit anyone.

Police Discriminated Against Female Officer, Lawsuit Claims

robert@robertabelllaw.com (Blog Author)13333 — Sun, 07 Jun 2009 08:00:00 EST

A 45 year old, 21 year police veteran has filed a lawsuit claiming sex and age discrimination reports the Myrtle Beach Sun, "Myrtle Beach Police Officer Files Discrimination Suit." The suit arises from a typical litany of different treatment and opportunities afforded women in some occupations including retaliation for defending another female officer who complained of sexual harassment, being passed over for promotion despite superior qualifications, a demotion and further retaliation after filing a charge with the EEOC.

Proving the "Glass Ceiling" and Sex Discrimination

robert@robertabelllaw.com (Blog Author)13255 — Thu, 04 Jun 2009 08:00:00 EST

Proof of a "glass ceiling" and illegal sex discrimination can be found from the following: (1) slower promotions for a better-qualified woman than a lesser-qualfied male; (2) when the promotion comes it is to a lesser salary range; (3) what is styled a promotion is actually to a lesser title and lower pay than the male predecessor; (4) lesser opportunities for advancement and training; and, (5) writings of a company CEO praising gender-biased management styles. A reasonable jury could find this evidence proof of a glass ceiling and sex discrimination the Sixth Circuit ruled recently in Conti v. American Axle, No. 08-1301 (May 22, 2009).

$220,000 Settlement In Age Discrimination Suit

robert@robertabelllaw.com (Blog Author)13254 — Thu, 04 Jun 2009 08:00:00 EST

An age discrimination suit by five hospital employees has been settled for $220,000, according to an EEOC press release. The employees, who had worked in the hospital's operating room from between 11 and 24 years as surgery aides and anesthesia technicians and were all between the ages of 46 and 56, claimed that they were laid off as part of a "restructuring plan" and replaced by younger workers in their 20's and 30's. The $220,000 is supposed to compensate them for their lost wages. In addition to paying the $220,000, the hospital is required to provide training on age discrimination and retaliation and to file periodic reports with the EEOC.

Bicyclist Does Not Assume Risk of Defective Roadway

robert@robertabelllaw.com (Blog Author)13156 — Tue, 02 Jun 2009 08:00:00 EST

A bicyclist does not assume the risk of a defective roadway a New York appellate court ruled recently in Cotty v. Southampton, No. 2007-08536 (May 19, 2009). The court distinguished between sporting activities where participants generally assume the risk of injury during the activity and leisure activities where they do not. The plaintiff claimed that a failure to properly repair and pave the roadway on which she was riding caused her injuries.

Male Accused of Sexual Harassment May Sue For Sex Discrimination

robert@robertabelllaw.com (Blog Author)13110 — Mon, 01 Jun 2009 08:00:00 EST

A male employee accused of sexual harassment, stereotyped as guilty and fired may sue for sex discrimination. The Second Circuit Court of Appeals so ruled recently in Sassaman v. Gamache and reiterated the Supreme Court's observation in Price Waterhouse v. Hopkins: "we are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotype associated with their group."

Call Center Employees Sue For Overtime

robert@robertabelllaw.com (Blog Author)13109 — Mon, 01 Jun 2009 08:00:00 EST

Call center employees for APAC have filed a class action lawsuit seeking overtime pay reports the LaCrosse Tribune, "Former APAC Employees Sue Call Center." The suit claims that the employees are required to log onto their computers before and after their shifts and during breaks to review frequently changing billing rates, equipment prices and repair policies so they can answer questions from client customers during their shift.

The federal Fair Labor Standards Act and Kentucky wage and hour law require that nonexempt employees be paid for all hours worked over 40 in a week at a rate one and half times their regular hourly rate.

Epileptic Awarded $475,000 In Disability Discrimination Case

robert@robertabelllaw.com (Blog Author)13054 — Sun, 31 May 2009 08:00:00 EST

An epileptic proved that he was "regarded as" disabled by his employer and fired in violation of the Americans With Disablities Act. The jury's verdict awarding him $475,000 was upheld recently by the Eighth Circuit Court of Appeals in Finan v. Good Earth Tools, Inc.

Police Canine Handlers Settle Overtime Suit

robert@robertabelllaw.com (Blog Author)13028 — Sat, 30 May 2009 08:00:00 EST

Police canine handlers have settled an overtime compensation lawsuit against National City, California reports the San Diego Union-Tribune, "Overtime Approved For Police Dog Handlers." The lawsuit claimed that the federal Fair Labor Standards Act required they be paid overtime for the time they devoted after the end of their shifts in caring for the canines. This time included about an hour a day devoted to grooming, feeding and training the dogs as well as taking them to the vet and other duties.

Wage Class Actions Against Wal-Mart Settled

robert@robertabelllaw.com (Blog Author)13027 — Sat, 30 May 2009 08:00:00 EST

A federal judge has given preliminary approval of the settlement of wage class action lawsuits against Wal-Mart reports bloomberg.com, "Wal-Mart Wins Initial Approval For Wage Settlements." The settlement will involve about $85 million and cover 30 different class action lawsuits; it is part of a wider settlement of wage and hour class action lawsuits settled by Wal-Mart for some $640 million.

Car Crash On Old Richmond Road Kills Lexington Woman

robert@robertabelllaw.com (Blog Author)12814 — Wed, 27 May 2009 08:00:00 EST

A car crash on Old Richmond Road killed a Lexington woman, Cierra James, early Wednesday, May 27, 2009, reports kentucky.com, "Lexington Woman Dies In Crash On Old Richmond Road." The car wreck happened about 2 in the morning. Meredith Browning of Lexington and a passenger were taken to UK hospital for treatment.

Gallatin County Car Wreck Kills One, Injures Four

robert@robertabelllaw.com (Blog Author)12739 — Mon, 25 May 2009 08:00:00 EST

A car wreck on U.S. 42 in Gallatin County Sunday night, May 24, 2009, killed one person and injured four others according to a report on kentucky.com, "One Killed, Four Hurt In Gallatin Wreck." Lonna Kehrer of Sanders was killed. Cindy Keith and two children, all from Norwood, Ohio, were badly injured. Brian Ritche of Bluff City, Tennessee was treated for minor injuries after the car crash.

Hostile Work Environment Created By "Locker Room" Atmosphere

robert@robertabelllaw.com (Blog Author)12531 — Sun, 24 May 2009 08:00:00 EST

A hostile work environment was created by a "locker room" atmosphere characterized by unprofessional behavior by both males and females the Sixth Circuit has ruled in Gallagher v. CH Robinson Worldwide, Inc., No 08-3337 (May 22, 2009). This case is an important discussion of hostile work environment and sexual harassment law; to learn more click here.

Robert L. Abell, a lawyer in Lexington, Kentucky, represents employees in hostile work environment, sexual harassment and sex discrimination cases. One example is Massarone v. Lexington-Fayette Urban County Government, et al. You can review here the complaint and amended complaint in the case as well as numerous news articles, "Suit Claims Sex Discrimination By Lexington Chief," "Walsh Is Target of Sex Bias Suit," "Ex-Chief Accused of Forcing Sex On Officer," "Sexual Assault Claims Included, Judge Rules In Suit of Ex-Police Chief, Race Bias Claim Also Allowed," "Former Officer Recants Charge Against Walsh," "Attorney: Claim Not Weakened In Walsh Case," "Sex Claim OK'd For Walsh Trial," and "Lawsuit Naming Walsh Settled."

Blood Splattering In Eye of Health Care Worker Is Compensable Work Injury

robert@robertabelllaw.com (Blog Author)12509 — Sun, 24 May 2009 08:00:00 EST

A health care worker was splattered in the face and eye with blood and saline when flushinig a patient's I.V. line. This was a compensable work injury under the Kentucky Workers Compensation law the Kentucky Supreme Court has ruled in Kentucky Employers Safety Association v. Lexington Diagnostic Center, No. 2008-SC-00671-WC (May 21, 2009). Therefore, medical treatment and diagnostic procedures were covered by workers compensation benefits.

Workers that suffer a work injury are entitled to "reasonable and necessary medical treatment for the cure and relief from the effects of the injury." If you have suffered a work injury or have questions about your rights to workers compensation benefits contact Robert L. Abell toll free at 866-578-5302 or 859-254-7076 at his office in Lexington, Kentucky. Robert L. Abell is an experienced work injury lawyer who has represented injured workers in central Kentucky for over 20 years.

Gallatin County Crash Kills Tennessee Woman

robert@robertabelllaw.com (Blog Author)12501 — Sun, 24 May 2009 08:00:00 EST

A car crash on I-71 in Gallatin County killed a Tennessee woman on Saturday, May 23, 2009, according to a report on kentucky.com, "Tennessee Woman, 80, Dies In Car Crash." Ida Hyder of Murfreesboro was a passenger in a car that crossed the median before colliding with the guardrail on the opposite side; Amy Phillips, also of Murfreesboro, was also injured in the wreck and taken to University of Cincinnati hospital for treatment.

I-75 Tractor Trailer Crash Kills One

robert@robertabelllaw.com (Blog Author)12188 — Mon, 18 May 2009 08:00:00 EST

A tractor-trailer crash on I-75 in Whitley County, Kentucky, has killed one driver and badly injured another reports kentucky.com, "One Dies In Whitley Tractor-Trailer Crash." A little before 11 a.m. on Monday, May 18, a tractor-trailer heading north crossed the median and struck head-on another tractor-trailer traveling in 1-75's southbound lanes. The collision killed the driver of the northbound truck.

FMLA Violated By Retroactive Termination of Health Insurance

robert@robertabelllaw.com (Blog Author)12187 — Mon, 18 May 2009 08:00:00 EST

The Family Medical Leave Act (FMLA) was violated by an employer's retroactive termination of an employee's medical insurance, the Seventh Circuit has ruled in Ryl-Kuchar v. Care Centers, Inc. The FMLA requires that the benefits of an employee on FMLA leave be maintained at the same level as they would be if she were working and their termination was a violation the court ruled. Learn more about this case and your rights under the FMLA here.

Local Artist Killed In Hit & Run

robert@robertabelllaw.com (Blog Author)12148 — Mon, 18 May 2009 08:00:00 EST

Liz Pizzo, a local equine artist of some considerable talent and renown, was killed Saturday, May 16, 2009, in a hit and run accident at her Bourbon County home reports kentucky.com "Bourbon County Artist Killed." The mirror on a passing truch struck her head, according to the report. Pizzo painted equine scenes on canvas, glasswork, tiles and ornaments.

Hospital Employees File Age Discrimination Lawsuit

robert@robertabelllaw.com (Blog Author)12074 — Fri, 15 May 2009 08:00:00 EST

Employees at a Detroit hospital have filed an age discrimination lawsuit regarding the termination of a policy where employees were paid for their accrued, unused sick days upon their retirement or resignation reports the Detroit Free Press, "Employees Sue St. John Hospital For Age Discrimination."

Indiana Lottery Settles Race Discrimination Suit For $2.8 Million

robert@robertabelllaw.com (Blog Author)12073 — Fri, 15 May 2009 08:00:00 EST

Eight fired black employees have settled their race discrimination lawsuit for $2.8 million reports the Indianapolis Star, "Hoosier Lottery To Pay $2.8 Million In Bias Suit." The fired employees will receive varying amounts to compensate them for lost wages and other damages; the average settlement is $238,585.31 per person.

Starbucks Store Manager Overtime Lawsuit Granted Conditional Class Action Status

robert@robertabelllaw.com (Blog Author)12070 — Fri, 15 May 2009 08:00:00 EST

A lawsuit seeking overtime compensation brought by a Starbucks store manager has been granted conditional class action lawsuit by the Florida federal judge reportes the Seattle Times, "Starbucks Lawsuit May Be Class-Action." The lawsuit seeks to represent those persons employed as a Starbucks store manager from January 15, 2006, to the present.

Class Action Lawsuit Filed Against Costco

robert@robertabelllaw.com (Blog Author)12069 — Fri, 15 May 2009 08:00:00 EST

A class action lawsuit for unpaid wages and overtime has been filed against Costco, according to a report from forbes.com, "Costco Employee Files $50 Million Lawsuit." The lawsuit claims that Costco required employees to work off the clock, failed to pay them overtime and locked them inside of stores after the end of their shifts.

State Acts To Curb Nursing Home Abuse

robert@robertabelllaw.com (Blog Author)12067 — Fri, 15 May 2009 08:00:00 EST

Kentucky state officials acted to curb resident abuse in nursing homes by asking the state's nursing homes to adopt rules prohibiting their employees from photographing residents with their cell phones reports kentucky.com, "State Officials Ask Nursing Homes To Stop Cell-Phone Abuse." A recent investigation at Bluegrass Health and Rehabilitation Center in Lexington found that staff members had taken photos of residents, some where the resident was only partially clothed, and demeaned them by attaching sexually explicit lyrics to the photos and sent them by text message to co-employees and others.

Two Asbury Theological Students Killed In Jessamine County Crash

robert@robertabelllaw.com (Blog Author)12065 — Fri, 15 May 2009 08:00:00 EST

Two Asbury Theological Seminary students, Charles Jacob and Hanokhbhai Gohil, were killed Friday, May 15, 2009, in a car crash in Jessamine County reports kentucky.com, "Two Die In Jessamine Crash." The wreck happened on U.S. 68 about eight miles from Nicholasville near Springmint Farm. A third man, Freddie Wilson of Lexington, was injured in the accident and taken to St. Joseph's hospital for treatment.

Motorcyclist Killed In Knott County Crash

robert@robertabelllaw.com (Blog Author)12064 — Fri, 15 May 2009 08:00:00 EST

A Hindman man, Christopher Pratt, was killed early Friday, May 15, 2009, in a motorcycle crash reports kentucky.com, "Hindman Man Dies In Motorcycle Crash." The accident happened on Yellow Creek Road near Sassafras.

Motorcyclist Killed In Perry County Crash

robert@robertabelllaw.com (Blog Author)11867 — Tue, 12 May 2009 08:00:00 EST

A motorcyclist, Denver Couch of Hazard, was killed Sunday, April 10, 2009, in a crash on Ky. 15 near the Bonnyman in Perry County kentucky.com reports, "Crash Kills Hazard Man." Mr. Couch was killed when a car pulled out in front of him, according to the Kentucky State Police.

Wage & Hour Class Action Settled For $11.7 Million

robert@robertabelllaw.com (Blog Author)11818 — Mon, 11 May 2009 08:00:00 EST

A class action wage and hour lawsuit against Casey's General Stores has been settled for $11.7 million reports Reuters, "Casey's Settles Two Wage-Related Suits." 76,000 current and former employees and 7800 current and former assistant managers were involved in the class action lawsuits.

Sexual Harassment Victim Awarded $5.8 Million By Jury

robert@robertabelllaw.com (Blog Author)11762 — Fri, 08 May 2009 08:00:00 EST

A victim of sexual harassment in her employment has been awarded nearly $6 million by a federal jury reports the Birmingham News, "Jury Rules Against Hyundai." The victim, Tammy Edwards, was subjected to lewd comments and gestures by her supervisor and, on one occasion, he pressed his body against her while propositioning her. When she reported her supervisor's misconduct to another manager, she was told to get used to it. Her report to upper management was met with retaliation and she was placed in a job she could not physically perform and forced to take medical leave.

The jury awarded $795,000 in compensatory damages and $5 million in punitive damages, including $10,000 in punitive damages against the supervisor.

Injured Returning Soldiers' Discrimination Suits On The Rise

robert@robertabelllaw.com (Blog Author)11722 — Thu, 07 May 2009 08:00:00 EST

Facing widespread violations of the Uniform Services Employment and Reemployment Act (USERRA) the Department of Justice is "cracking down on employers that discriminate against returning injured soldiers, who are having a hard time getting their old jobs back, either being demoted, or denied work altogether" reports law.com, "DOJ Cracks Down On Discrimination Against Injured Returning Soldiers." The report states that DOJ's Civil Rights Division is filing suits nationwide on an almost weekly basis.

USERRA requires employers, under certain conditions, to return individuals back to work in their civilian jobs after military service and also protects servicemembers from discrimination in the workplace based on their military service or affiliation. More about USERRA can be learned here.

Estate of Wife Exposed to Asbestos On Husband's Clothing Awarded Damages

robert@robertabelllaw.com (Blog Author)11597 — Mon, 04 May 2009 08:00:00 EST

The estate of woman who was exposed to asbestos when washing her husband's work clothes and was killed by mesothelioma was awarded more than $2 million by a Bloomington, Illinois jury reports Pantagraph, "Jury Awards More Than $2 Million In Bloomington Asbestos Case."

Robert L. Abell represented workers exposed to asbestos in the course of their jobs and family members exposed to asbestos on the clothing that the workers wore home in the case, Perkins v. Serv-Air. To read the workers and family members amended complaint click here.

Whitesburg Wreck Kills Kentucky Woman, Injures South Carolina Man & Three Others

robert@robertabelllaw.com (Blog Author)11580 — Mon, 04 May 2009 08:00:00 EST

A Kentucky woman, Jessica Pigg of Viper, was killed in a wreck Sunday, May 3, in a car wreck in Whitesburg reports kentucky.com, "Viper Woman Dies In Wreck." A South Carolina man, David Wittsack of Mt. Pleasant, was injured as were three other Kentuckians, Samantha Brooke Hatton and Elizabeth Ross, both from Whitesburg, and Barbara Lee of Thornton. All were taken for treatment at area hospitals.

Clinton County Woman Killed In Crash

robert@robertabelllaw.com (Blog Author)11519 — Sat, 02 May 2009 08:00:00 EST

A Clinton County woman, Betty Jane Cross, was killed Friday, May 1, 2009, in a car wreck reports kentucky.com,"Woman Dies In Clinton County Head-On Crash." The accident happened on Wisdom Dock Road. J.D. Cross of Albany was taken to UK hospital for treatment; another person, Summer Abston, was treated at Clinton County hospital.

Bicyclist Killed By Dump Truck Suit Settled

robert@robertabelllaw.com (Blog Author)11433 — Wed, 29 Apr 2009 08:00:00 EST

A lawsuit by the estate of a bicyclist killed by a dump truck has been settled the Seattle Times reports, "Family of Seattle Cyclist Killed By Dump Truck Settles Lawsuit." The bicyclist, Bryce Lewis a 19 year old Colorado man, was killed when a dump truck suddenly turned in front of him and another bicyclist, who were both riding in a marked bike lane. The accident later provoked a demonstration through the Seattle streets to promote bicyclist safety.

In Kentucky, bicyclists have the same rights and responsibilities on the streets and roads as cars, trucks and motorcycles.

Alumni Drive Crash Claims Life of Lexington Woman

robert@robertabelllaw.com (Blog Author)11421 — Wed, 29 Apr 2009 08:00:00 EST

A Lexington woman, Marquetta Hoskins, was injured in a wreck Saturday, April 25, on Alumni Drive in Lexington and died early Wednesday, April 29, reports kentucky.com, "Lexington Woman Dies After Crash." Two other people, Theresa Moyler also of Lexington, and a passenger were injured in the wreck and treated at UK hospital for their injuries.

Nicholas County Crash Kills 3 From Cincinnati

robert@robertabelllaw.com (Blog Author)11307 — Sat, 25 Apr 2009 08:00:00 EST

Three people from Cincinnati, Jeromye Hicks, Charles Hicks and Mary Willcutt, were killed Friday in a car wreck in Nicholas County kentucky.com reports, "Nicholas County Crash Kills Pregnant 18-Year Old, Three Others."

The three were traveling south on Lake Road when a Camaro driven by William Robert Hughes of Carlisle attempted to pass a truck and there was a head-on collission. Ms. Willcutt was seven months pregnant. Hughes was also killed in the wreck. Hughes' passenger, Dylan Boone also of Carlisle, was injured and taken to University of Kentucky hospital for treatment.

These are four tragic deaths. Hughes, Charles Hicks and Willcutt were all 20 years old or less. There is a need for an experience Kentucky car accident attorney to help sort this out.

Whistleblower to Receive $45 Million in Medicaid Fraud Settlement

robert@robertabelllaw.com (Blog Author)11208 — Wed, 22 Apr 2009 08:00:00 EST

Louisville Man Killed In I-65 Crash

robert@robertabelllaw.com (Blog Author)11207 — Wed, 22 Apr 2009 08:00:00 EST

A Louisville man, Paul Waddle, was killed Wednesday morning, April 22, in a crash on I-65 in Bullitt County near the Lebanon Junction exit reports kentucky.com, "Dump Truck Crash On I-65 Kills Man." According to the report, Mr. Waddle's Toyota was parked on the right shoulder of the southbound side when it was struck by a Waste Management dump truck that had crossed the median. The accident happened about 9:20 a.m.

Bicyclist Settles Brain Injury Claim Caused By Defective Bikepath

robert@robertabelllaw.com (Blog Author)11206 — Wed, 22 Apr 2009 08:00:00 EST

A bicyclist in Seattle, Jeffrey Totten, suffered a severe and permanent brain injury in 2006 as a result of inadequately and defectively maintained bike path reports the Seattle Times, "King County To Pay Brain-Injured Bicyclist $3.5 Million." According to the report, Mr. Totten was an avid bicyclist who had participated in a number of triathlons, regularly rode his bike to work and, on the day of his accident, was training for the 700 mile, 90 hour Paris-Brest-Paris bike tour. While riding on a bike path, his bike struck a hole surrounding a survey marker that had grown deeper with successive paving jobs. Notwithstanding that he was wearing a helmet, he sustained a severe and permanent brain injury.

The bike path was maintained by the county and Mr. Totten filed suit for the injuries caused him by its defective maintenance and condition. The claim was settled for a payment of $3.5 million, which will provide for the necessary care for Mr. Totten for the rest of his life.

Cumberland County Pilot Killed In Metcalfe County Crash

robert@robertabelllaw.com (Blog Author)11093 — Sun, 19 Apr 2009 08:00:00 EST

A Cumberland County pilot, David Long of Burkesville, was killed Saturday, April 18, in an airplane crash reports kentucky.com, "Burkesville Pilot Dies In Metcalfe Crash." The crash of the single-engine plane happened about 4:30 p.m. central time near the Metcalfe-Cumberland county lines off Ferris Creek Road.

Mt. Sterling Man Killed In Motorcycle Crash

robert@robertabelllaw.com (Blog Author)11091 — Sun, 19 Apr 2009 08:00:00 EST

A Mt. Sterlng man, Frank McCoy, Jr., was killed Saturday, April 18, in a motorcycle crash kentucky.com reports, "Motorcyclist, 71, Dies When Hit By Truck." The crash happened about 3:30 in the afternoon on Ky. 213 in Powell County. The report states that McCoy's motorcycle was struck by a truck pulling out of a driveway.

Breathitt County Woman Killed In Crash

robert@robertabelllaw.com (Blog Author)11089 — Sun, 19 Apr 2009 08:00:00 EST

A Breathitt County woman, Patty Fugate, was killed Saturday evening, April 18, reports kentucky.com, "Woman Dies, Driver Airlifted to UK." The wreck happened about 6:00 p.m. on Ky. 1098 in Breathitt County. The driver of the truck in which Fugate was riding was taken to University of Kentucky hospital for treatment.

Truckdriver Killed On 1-71

robert@robertabelllaw.com (Blog Author)11056 — Sat, 18 Apr 2009 08:00:00 EST

An Ohio truckdriver, Robbin Daniels, was killed early Friday, April 17, in a crash in Gallatin County on 1-71 reports kentucky.com, "Trucker Killed In Interstate Crash." The truck turned over in the median about 2:40 a.m.

Harrodsburg Woman Killed In Crash

robert@robertabelllaw.com (Blog Author)11055 — Sat, 18 Apr 2009 08:00:00 EST

A Harrodsburg woman, Theresa Hatfield, was killed, Friday, April 17 in a crash on U.S. 68 reports kentucky.com, "Mercer Woman Dead After Crash." The wreck happened about 5:30 p.m. A child was injured in the crash and taken to University of Kentucky hospital for treatment.

Care of Patient With Unstable Psychiatric Condition Required by Federal Law

robert@robertabelllaw.com (Blog Author)11002 — Thu, 16 Apr 2009 08:00:00 EST

The Emergency Medical Treatment and Active Labor Act (EMTALA) requires that hospitals participating in Medicare and with an emergency room provide care to persons with an emergency medical condition and that such care be provided until the condition stabilizes. The Sixth Circuit Court of Appeals has ruled in Moses-Irons v. Providence Hospital, No. 07-2111 (April 4, 2009), that a hospital can be liable to the estate of a person killed where the hospital has knowingly released a psychiatric patient before his condition has stabilized.

Ohio Teen Killed In Casey County Crash

robert@robertabelllaw.com (Blog Author)10890 — Sun, 12 Apr 2009 08:00:00 EST

A teenager from Springfield, Ohio, Hannah Young, was killed Saturday afternoon, April 11, in a three-car crash in Casey County reports kentucky.com, "Two Killed In Casey County Crash." Edith Young, Adam Burns and Keenan Young, all of Springfield were injured in the crash. Francisco Javier Marical was also killed in the crash which occurred on U.S. 127.

Pineville Woman Killed In Crash

robert@robertabelllaw.com (Blog Author)10888 — Sun, 12 Apr 2009 08:00:00 EST

A Pineville woman, Vanessa Asher, was killed Saturday morning in a car wreck reports kentucky.com, "Pineville Woman Dies, Several Others Injured." The wreck occurred about 11 a.m. at the intersection of U.S. 25 East and Ky. 190.

Madison County Crash Kills Berea Man

robert@robertabelllaw.com (Blog Author)10887 — Sun, 12 Apr 2009 08:00:00 EST

A Berea man, Elbert Fraley, died at the University of Kentucky hospital after being involved in a crash in Madison County Friday afternoon reports kentucky.com, "Berea Man Dies After Crash." The wreck happened about 2:30 p.m. at the intersection of Menelaus Road and Ky. 956, the Berea bypass.

London Woman Killed In Laurel County Crash

robert@robertabelllaw.com (Blog Author)10846 — Sat, 11 Apr 2009 08:00:00 EST

A London woman, Courtney Marie Carter, was killed Thursday, April 9, 2009, in a crash in Laurel County on Ky. 192, according to a report on kentucky.com, "London Woman Dies After Laurel Car Crash." Ms. Carter was flown to University of Kentucky hospital following the accident and died there.

Virginia Teen Killed In Pike County Crash

robert@robertabelllaw.com (Blog Author)10757 — Wed, 08 Apr 2009 08:00:00 EST

A Virginia teenager, Brandon Hurley of Hurley, Virginia was killed Tuesday, April 7, 2009, in a car crash in Pike County according to a report on kentucky.com, "Virginia Teen Dies After Pike Crash." The wreck occurred on Ky. 1056 near McCarr.

Traffic Deaths In 2008 Lowest Since 1961

robert@robertabelllaw.com (Blog Author)10676 — Mon, 06 Apr 2009 08:00:00 EST

Traffic fatalities in 2008 dropped to their lowest level since 1961, the Lexington Herald-Leader reports, "Drop in Highway Deaths Linked to Recession."

The recession and high gasoline prices were cited as primary cause for the drop, because Americans are driving less. Past recessions have also seen substantial drops in traffic fatalities. The 1973-1974 recession yielded a reduction of 16% in traffic fatalities; the 1981-82 recession saw a drop of 11%.

Other factors also contributed to the drop, including record high seatbelt use, stronger drunk driving enforcement and the work of advocacy groups promoting safer driving habits. Seatbelt use in 2008 reached 83%. Most significantly, the number of traffic fatalities per 100 million vehicle miles traveled dropped as well from 1.36% to 1.28%, which is the lowest on record. In sum, Americans drove less in 2008, while also driving safer.

17 Traffic Fatalities Last Week In Kentucky

robert@robertabelllaw.com (Blog Author)10663 — Mon, 06 Apr 2009 08:00:00 EST

Seventeen people died last week in car wrecks in Kentucky according to the Kentucky State Police, the Kentucky Enquirer reports, "17 Died In Kentucky Traffic Crashes." At least eight of the killed were not wearing seat belts during the accident. So far in 2009 172 people have been killed in car wrecks in Kentucky, which is 15 less than at the same point in 2008.

Breathitt County Woman Killed In Crash

robert@robertabelllaw.com (Blog Author)10626 — Sat, 04 Apr 2009 08:00:00 EST

A Breathitt County woman, Pearlie Davis of Gauge, was killed Saturday afternoon in a wreck on Ky. 542 in Breathitt County according to kentucky.com, "92-Year-Old Woman Killed In Wreck." Pearlie Davis was 92 years old.

Corinth Man Killed On U.S. 25 In Grant County

robert@robertabelllaw.com (Blog Author)10618 — Sat, 04 Apr 2009 08:00:00 EST

A Corinth man, William Jones, was killed Thursday, April 2, in a wreck on U.S. 25 in Grant County according to a report in cincinnati.com, "Corinth Man Killed In Crash." A passenger, Melissa Spenny, was airlifted for treatment to the University of Kentucky medical center. The accident happened about 7:20 p.m. south of Keefer Road.

Woodford County Woman Killed In Old Frankfort Pike Crash

robert@robertabelllaw.com (Blog Author)10589 — Fri, 03 Apr 2009 08:00:00 EST

A Woodford County woman, Tina Conrad, was killed in a car wreck on Old Frankfort Pike Thursday afternoon kentucky.com reports, "Collision On Old Frankfort Kills Woodford County Woman." A Chevrolet Suburban crossed the center line and collided head-on with a Ford Taurus driven by Daniel Conrad of Lexington near the intersection of Old Frankfort Pike and Alexandria Drive at about 2 o'clock. Tina Conrad was riding in the front seat of the Taurus.

Motorcyclist Killed On Palumbo Drive in Lexington

robert@robertabelllaw.com (Blog Author)10588 — Fri, 03 Apr 2009 08:00:00 EST

A motorcyclist, Brandon Kelso of Jessamine County, was killed on Palumbo Drive Thursday night when a Jeep pulled it front of it according to Lexington police and a report on kentucky.com, "Motorcycle Wreck Kills 21-year Old." The accident was at the intersection of Palumbo Drive and Blake James Drive and happened about 8:00 p.m.

"That's the game, baby" - Workers Compensation Insurance Company Expert Witness Explaining Testimony

robert@robertabelllaw.com (Blog Author)10541 — Thu, 02 Apr 2009 08:00:00 EST

The New York Times has been running a series on the workers compensation system in New York state. The April 1 edition focused on the role of so-called "independent medical examiners," who are doctors hired by workers compensation insurance companies to examine injured workers, "A World of Hurt: Exams of Injured Workers Fuel Mutual Mistrust." One "independent medical examiner" explained the differences in his report that the claimant was not injured and his videotaped remarks to the contrary while he was actually examining the man:

“If you did a truly pure report,” he said later in an interview, “you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”

Fraudulent medical opinions that cause denial of valid workers compensation claims were part of the focus of a case decided last year, Brown v. Cassens Transport. That case ruled that injured workers denied workers compensation benefits by fraudulent medical opinions may sue for money damages under the federal racketeering law RICO. Robert L. Abell wrote an article for the Kentucky Justice Association's publication, The Advocate, earlier this year, "Injured Workers May Pursue Civil RICO Claim Based On Enterprise To Deny Them Workers' Compensation Benefits."

Nurses File Class Action Suit for Training and Mealtime Pay

robert@robertabelllaw.com (Blog Author)10531 — Wed, 01 Apr 2009 08:00:00 EST

Nurses have filed a class action lawsuit against the Pittsburgh Mercy Health System claiming that they were not paid for training time and work they performed while supposedly on meal breaks the Pittsburgh Post-Gazette reports, "Nurses File Lawsuit Against Mercy Health System." The nurses claim that they are allotted 30 minutes each shift for a meal break but either are unable to take a meal break or are compelled to work through much of it. They also claim that they were not paid for certain training time.

Winchester Road Wreck Injures Four

robert@robertabelllaw.com (Blog Author)10460 — Tue, 31 Mar 2009 08:00:00 EST

Four people were hospitalized Monday night, March 30, 2009, after a truck ran a red light on Winchester Road and struck a car turning left from I-75 kentucky.com reports, "Four Hospitalized After Winchester Road Crash."

One Killed, Five Injured In Pulaski County Crash

robert@robertabelllaw.com (Blog Author)10393 — Sun, 29 Mar 2009 08:00:00 EST

A Somerset woman, Dee Gregory, was killed in a car crash late Saturday in Pulaski County, kentucky.com reports, "Pulaski Crash Kills One, Injures Five." Gregory was killed when a van and pickup truck collided on U.S. Highway 27 near its intersection with Tateville-Antioch Road about six miles south of Somerset at 10:30 p.m. The injured persons were taken to the University of Kentucky hospital and to Lake Cumberland Regional Hospital for treatment.

Sex Discrimination Occurs Where Employer Assumes That A Woman, Because She Is A Woman, Will Neglect Her Job Duties In Favor of Childcare Responsiblities, Court Rules

robert@robertabelllaw.com (Blog Author)10391 — Sun, 29 Mar 2009 08:00:00 EST

A mother of four, Laurie Chadwick, claimed that WellPoint, Inc. denied her a promotion based on the sex-based stereotype that mothers, particularly those with young children, neglect their work duties in favor of their presumed childcare obligations. Chadwick v. WellPoint, No 08-1685 (1st Cir, March 26, 2009). This was a "sex plus" claim which arise where "an employer classifies employees on the basis of sex plus another characteristic." The court ordered that Chadwick's case should go to trial, because "unlawful sex discrimination occurs when an employer takes an adverse job action on the assumption that a woman, because she is a woman, will neglect her job responsibilities in favor of her presumed childcare responsibilities.

For further information on stereotyping and "sex plus" discrimination click here.

Older Workers Targeted for Downsizing Settle Age Discrimination Suit

robert@robertabelllaw.com (Blog Author)10359 — Fri, 27 Mar 2009 08:00:00 EST

Older workers unlawfully targeted for lay-off in a downsizing by Qualex, a Kodak subsidiary, have settled an age discrimination lawsuit, according to the EEOC, "Kodak Subsidiary To Pay $272,000 For Age Bias." The lawsuit claimed that older workers were unlawfully targeted for lay-off in a reduction-in-force (RIF) where the average age of those terminated was over 50 which far exceeded the average age of those who kept their job.

Female Professors Settle Pay Discrimination Suit

robert@robertabelllaw.com (Blog Author)10358 — Fri, 27 Mar 2009 08:00:00 EST

Female faculty members at Adelphi University have settled a pay discrimination case for $300,000, according to the EEOC, "EEOC Obtains Over $300,000 For Class of Female Professors Subjected To Pay Discrimination." The lawsuit claimed that a class of female full-time professors was paid less than male professors of the same or lesser rank teaching within the same school. Adelphi agreed to pay $305,889 to 37 claimants, as well as salary increases for 30 of them. In addition, Adelphi agreed to comply with the requirements of the Equal Pay Act and Title VII, along with being subject to monitoring and training on federal employment discrimination laws for the following three years.

Latino National Origin Discrimination Class Action Settled for $4.3 Million

robert@robertabelllaw.com (Blog Author)10357 — Fri, 27 Mar 2009 08:00:00 EST

A national origin discrimination class action lawsuit on behalf of 149 Latino workers was settled for $4.3 million the EEOC announced Tuesday, "Court Approves Payment of $4.3 Million to Hispanic Workers In EEOC Lawsuit Against B & H Foto." The lawsuit claimed that Hispanics were paid less than non-Hispanics, were not promoted because they were Hispanic and were denied health insurance and other benefits because they were Hispanic.

National origin discrimination occures where someone is treated less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality.

Wage and Hour Enforcement Faulted In Government Report (Again)

robert@robertabelllaw.com (Blog Author)10270 — Wed, 25 Mar 2009 08:00:00 EST

The enforcement efforts of the federal Department of Labor's Wage and Hour Division, which is charged with enforcing overtime and minimum wage laws, is failing to adequately perform and protect workers, according to a report to be issued by the Government Accountability Office, the New York Times reports, "Labor Agency Is Failing Workers, Report Says." A copy of the report can be read here. The report details numerous instances of wage and hour investigators dropping cases when law-breaking companies simply did not return calls, failing for many, many months to follow-through on investigations and found that the agency had mishandled nineteen percent of its most serious cases.

The Kentucky Employment Law Blog by Robert L. Abell reported in July 2008 of similar enforcement problems at the agency, "Overtime and Wage Enforcement Lax, Government Reports."

ATV Crash Fatal

robert@robertabelllaw.com (Blog Author)10261 — Wed, 25 Mar 2009 08:00:00 EST

An ATV crash on Monday, March 25, 2009, in Henry County killed Gabrielle Couch of Pleasureville, kentucky.com reports, "ATV Crash Kills Pleasureville Man." A teenager was injured in the crash.

142 Kentuckians were killed on ATVs between 2003 and 2006. Preliminary reports from an ongoing study at the University of Kentucky last year were that age-based safety guidelines for ATV did not improve their safety. Further information can be found at the Abell Law Blog and at kentucky.com., "Age Guidelines for ATVs Don't Work, Study Says."

Pineville Man Killed In Knox County Crash

robert@robertabelllaw.com (Blog Author)10260 — Wed, 25 Mar 2009 08:00:00 EST

A Pineville man, John F. Mills, was killed in a car crash Monday, March 23, 2009, in Knox County, kentucky.com reports, "Knox Crash Kills One, Injures One." Mike Mays also of Pineville was injured in the crash and evacuated to the University of Kentucky medical center for treatment. The wreck happened on Kentucky Highway 229 about seven miles north of Barbourville.

Laurel County Crash Kills Teacher

robert@robertabelllaw.com (Blog Author)9951 — Sat, 14 Mar 2009 08:00:00 EST

A car wreck in Laurel County Friday afternoon, March 13, 2009, near the intersection of Ky. Hwys. 1535 and 80 outside of London killed a Laurel County teacher, Camelia Jackson, kentucky.com reports, "Laurel County Teacher Dies After Crash."

Scott County Wreck Kills Mother, Injures Family

robert@robertabelllaw.com (Blog Author)9950 — Sat, 14 Mar 2009 08:00:00 EST

A car wreck in Scott County around noon on Saturday, March 14, 2009, killed a Dry Ridge woman, Sunny Harper, and injured her husband, Eric Harper, and three children, all of whom were taken to University of Kentucky hospital for treatment reports kentucky.com, "Pregnant Woman Dies, Family Hospitalized After Scott County Wreck." The wreck happened on Cincinnati Pike when a car turned into the path of the Harpers' oncoming car, according to reports.

Uninsured Motorist (UM) Benefits Payable Where Employee Killed by Co-Worker's Negligence

robert@robertabelllaw.com (Blog Author)9746 — Sun, 08 Mar 2009 08:00:00 EST

The estate of an employee killed by a co-worker's negligent operation of their employer's vehicle may recover uninsured motorist (UM) benefits from their own policy the Kentucky Court of Appeals recently ruled in State Farm v. Slusher, No. 2008-CA-000169-MR (February 27, 2009). The Court rejected State Farm's argument that payment of UM benefits was barred because workers compensation benefits had been paid to the Estate.

Disability Insurer Tainted Claims Process By Providing Negative, Unfounded Information About Claimant to Medical Records Reviewer

robert@robertabelllaw.com (Blog Author)9735 — Sat, 07 Mar 2009 08:00:00 EST

Disability insurance claimants are often told by disability insurance companies that their claim has been reviewed by an "independent" medical expert. Of course, these "independent" experts are not truly independent and the United States Supreme Court has ruled that their financial relationship (and its duration) can be considered in assessing the insurance company's claims process. Another factor that indicates bias in the claims process is where the insurance company "give[s] information to regular independent contractor-consultants that portrays the claimant in a negative light" the United States Court of Appeals for the Sixth Circuit has ruled in Sherry DeLisle v. Sun Life Assurance Company, No. 08-1142 (March 4, 2009).

Cumberland Parkway Crash Kills Two, Injures Two

robert@robertabelllaw.com (Blog Author)9718 — Sat, 07 Mar 2009 08:00:00 EST

Two people, a mother and child, were killed late Friday in a car crash on the Cumberland Parkway near Russell Springs, kentucky.com reports, "Mother and Child Killed In Parkway Crash, Two Other Children Injured." Candace Elaine Johnson and her child, Kaden Johnson, were killed in the accident; two other children were injured and taken for treatment at the University of Kentucky hospital. The wreck happened about 4:20 p.m. Friday, March 6, 2009, about seven miles east of Russell Springs.

Laurel County Wreck Kills One, Injures Two

robert@robertabelllaw.com (Blog Author)9442 — Thu, 26 Feb 2009 08:00:00 EST

A Corbin teenager, Steven Lambdin, was killed in a car wreck Wednesday, February 25, 2009, on Ky. Hwy. 770 in Laurel County, the Lexington Herald-Leader reports, "Laurel Teen Remains In Serious Condition." Another teen, Jonathan Goforth, was evacuated to the University of Kentucky hospital where he remained in serious condition. A third person, Carrie Smith, was also treated for injuries.

Underinsured Motorist (UIM) Benefits Claim Rejected By Court

robert@robertabelllaw.com (Blog Author)9422 — Wed, 25 Feb 2009 08:00:00 EST

Underinsured motorist (UIM) coverage applies where the liability insurance of the person responsible for the car wreck is insufficient to fairly compensate the insured for the injuries and losses sustained. Since as more fully explained in our Kentucky Consumer Guide to Buying Car Insurance, it is prudent to buy as much UIM coverage as you can afford, many individuals and families do so. Depending on the number of vehicles and how the premiums for UIM coverage are calculated and paid, UIM coverage units may be stacked, which means added on top of one another to increase coverage. The circumstances in which UIM coverage can be stacked and, sadly, in which it cannot were addressed by the United States Court of Appeals for the Sixth Circuit in Pennington v. State Farm, No 07-6187 (January 21, 2009), where the court rejected a claim that UIM benefits should be stacked following the death of teenager killed by a drunk driver.

The case illustrates the need to understand how much coverage you are buying with the insurance premium you pay. The Penningtons paid $90.72 for their UIM coverage. This premium was not simply a multiplier of coverage (e.g., multiplying the base premium rate by the number of drivers); rather, it was determined based on a rating factor of 2.7, an actuarial calculation of the added risk associated with adding additional drivers to a single UIM policy. The premium of $90.72 was reached by multiplying the one-driver rate of $33.60 by 2.7 (the risk multiplier that State Farm had determined was appropriate for households with three or more drivers). This calculation barred the claim the court ruled: "The Penningtons therefore got what they paid for: namely, one unit of UIM coverage for four drivers."

Daughter Covered by Mother's Underinsured Motorist (UIM) Coverage

robert@robertabelllaw.com (Blog Author)9419 — Wed, 25 Feb 2009 08:00:00 EST

When is an automobile an automobile? Turning on that question was whether a daughter was covered by the underinsured motorist (UIM) coverage in her mother's car insurance policy decided by the Kentucky Court of Appeals in Auto-Owners Insurance Company v. Goode, 2008-CA-000350 (February 13, 2009).

Crystal Goode was injured in a one-car motor vehicle accident and later made a claim for underinsured motorist (UIM) benefits under a policy held by her mother. The policy extended UIM coverage to "a relative who does not own an automobile." At the time of the accident, Crystal owned a 1994 Ford Escort at the time of the accident. However, the car had been damaged and unavailable for use for quite some time with no prospect of running again anytime soon. Under Kentucky law "a car that has been retired from service for an indefinite time into the future should not be considered to be a 'passenger automobile' within the meaning of [an] insurance policy." Therefore, the court ruled that Crystal did not own an "automobile" within the meaning of her mother's insurance policy and was entitled to receive the UIM benefits under that policy.

Diabetic Covered By Americans With Disabilities Act

robert@robertabelllaw.com (Blog Author)9361 — Mon, 23 Feb 2009 08:00:00 EST

An insulin-dependent type 2 diabetic is covered by the Americans With Disabilities Act (ADA) a federal appeals court recently ruled in Rohr v. Salt River Agricultural District, No 06-16527 (9th Cir. February 13, 2009).

Larry Rohr was diagnosed with in 2000 with insulin-dependent type 2 diabetes. The key issue was whether his diabetes constituted a "physical impairment" affecting a "major life activity." The court answered this question by determining whether Rohr's diabetes "substantially limited" his eating. This it did for Rohr the court ruled based on the following:

he cannot eat large meals or skip meals and must eat a snack every few hours
he must schedule each day's blood tests, medications and food intake
he sometimes becomes dizzy, symptoms that subside only when he quickly eats something
a deviation from his diet regimen for more than a meal or two causes his blood sugar level to rise, aggravating his condition
his personal and recreational travel was limited by his need to avoid disruption to his diet

These factors caused by Rohr's diabetes were so different compared to the general population as to establish that his diabetes substantially limited his eating. Therefore, Rohr's diabetes brought him within the scope and protection of the ADA.

Robert L. Abell
February 23, 2009

Medical Malpractice System Works Says Americans for Insurance Reform

robert@robertabelllaw.com (News Author)13265 — Sat, 06 Mar 2010 08:00:00 EST

Should Americans give up constitutional rights because insurance companies claim that the current medical malpractice system does not work? Only 4% of actual instances of medical malpractice result in a lawsuit claim. Yet some insist that the ability of patients and families to recover from the damages caused by negligence or even recklessness should be restricted.

Americans for Insurance Reform, a consumer and family safety protection group, asserts that the current medical medical malpractice system is not working and cites the following from a study by the Harvard School of Public Health:

* Sixty-three percent of the injuries were judged to be the result of error and most of those claims received compensation; on the other hand, most individuals whose claims did not involve errors or injuries received nothing.

* Eighty percent of claims involved injuries that caused significant or major disability or death.

* "The profile of non-error claims we observed does not square with the notion of opportunistic trial lawyers pursuing questionable lawsuits in circumstances in which their chances of winning are reasonable and prospective returns in the event of a win are high. Rather, our findings underscore how difficult it may be for plaintiffs and their attorneys to discern what has happened before the initiation of a claim and the acquisition of knowledge that comes from the investigations, consultation with experts, and sharing of information that litigation triggers."

* "Disputing and paying for errors account for the lion's share of malpractice costs."

* "Previous research has established that the great majority of patients who sustain a medical injury as a result of negligence do not sue. ... [F]ailure to pay claims involving error adds to a larger phenomenon of underpayment generated by the vast number of negligent injuries that never surface as claims."

Public safety Requires Trial Lawyers

robert@robertabelllaw.com (News Author)13208 — Tue, 02 Mar 2010 08:00:00 EST

The vital role of trial lawyers in protecting public safety is shown by the recent wave of Toyota recalls argues this editorial in the Wall Street Journal, "Why We Need Trial Lawyers."

Source: Wall Street Journal

Toyota Prius Class Action Filed

robert@robertabelllaw.com (News Author)12809 — Sat, 13 Feb 2010 08:00:00 EST

A class action lawsuit regarding the Toyota Prius hybrid was filed Friday, February 12, 2010, in federal district court in Covington, Kentucky reports the Lexington Herald-Leader, "Prius Class Suit Filed in Kentucky."

The lawsuit targets all Toyota and Lexus hybrids on behalf of consumers injured as a result of alleged "failures of the braking system in those vehicles." The name plaintiff, Christine Stadler of Georgia, claims she was injured as a result of a defective braking system in her 2005 Toyota Prius hybrid.

The complaint alleges claims of negligence, deceptive business practices, breach of warranty and unjust enrichment. Click here to read the class action complaint.

Class Action Defective Product Suit Filed Against Toyota

robert@robertabelllaw.com (News Author)12748 — Wed, 10 Feb 2010 08:00:00 EST

A class action defective product lawsuit has been filed by residents of Kentucky, Ohio, Indiana, and Florida alleging injuries and damages from the sudden acceleration defect recently announced in several Toyota models reports the Lexington Herald-Leader, "Scott County Plant Named In Federal Lawsuit Against Toyota." The consumer families are represented by attorney Stan Chesley's firm out of Cincinnati.

A copy of the complaint filed in the lawsuit can be read here.

No Time for Tort Reform

robert@robertabelllaw.com (News Author)12701 — Wed, 10 Feb 2010 08:00:00 EST

In the face of a stream of recent news stories of horrifying and inexcusable failures of patient care, Joanne Doroshow of the Center for Justice and Democracy argues in the Huffington Post that this is no time for tort reform: "This Week in Horrific Medical Negligence News."

Toyota President Explains Its Action Plan on Recalls

robert@robertabelllaw.com (News Author)12719 — Tue, 09 Feb 2010 08:00:00 EST

Toyota president Akio Toyoda in today's Washington Post addresses the recent recalls of several Toyota vehicles and explains the company's plan of action: "Toyota's Plan To Repair Its Public Image."

What Car Models Is Toyota Recalling?

robert@robertabelllaw.com (News Author)12703 — Sun, 07 Feb 2010 08:00:00 EST

These are the model and year of make being recalled by Toyota:

Toyota's accelerator pedal recall and suspension of sales is includes the following vehicles:

Certain 2009-2010 RAV4
Certain 2009-2010 Corolla
2009-2010 Matrix
2005-2010 Avalon
Certain 2007-2010 Camry
Certain 2010 Highlander
2007-2010 Tundra
2008-2010 Sequoia

Highlander hybrids and Camry hybrids are not involved in this action and will remain for sale.
Further, Camry, RAV4, Corolla and Highlander vehicles with VINs that begin with "J" are not involved.

Vehicles involved in the floor mat recall include:

2005-2010 Avalon
2007-2010 Camry
2009-2010 Corolla
2008-2010 Highlander
2009-2010 Matrix
2004-2009 Prius
2005-2010 Tacoma
2007-2010 Tundra
2009-2010 VENZA

For more information visit www.toyota.com/recall

Toyota To Recall Some 2010 Prius Over Braking Problems

robert@robertabelllaw.com (News Author)12704 — Sun, 07 Feb 2010 08:00:00 EST

Braking problems have led to the recall of some 2010 Toyota Prius the automaker has announced, the New York Times reports, "Toyota Is To Recall 2010 Prius Model Cars for Brakes."

Fibromyalgia Drug Recall Urged

robert@robertabelllaw.com (News Author)12281 — Thu, 21 Jan 2010 08:00:00 EST

Recall of a fibromyalgia drug, Savella, by the FDA is urged by the group Public Citizen, which claims that the drug can cause dangerously high blood pressure reports ABC News, Group Urges Recall of Drug for Fibromyalgia.

Overtime Exemption Article Published by Robert Abell

robert@robertabelllaw.com (News Author)12272 — Tue, 19 Jan 2010 08:00:00 EST

Misclassification of employees as exempt from overtime requirements is a common violation of overtime laws. Lexington, Kentucky overtime lawyer Robert Abell has published an article on three of the most common wrongly-applied exemptions in The Advocate the official publication of the Kentucky Justice Association: The Executive, Administrative and Professional Exemptions to the Overtime Requirement.

Disability Discrimination Charges Increase 10%

robert@robertabelllaw.com (News Author)12125 — Fri, 08 Jan 2010 08:00:00 EST

Disability discrimination charges filed with the EEOC increased over 10% from FY 2008 to 2009, even while discrimination charges overall declined. Race discrimination, sex discrimination and retaliation charges remained the type of charges most frequently filed.

Amendments to the Americans With Disabilities expanding the ADA's protections likely contributed to the increase in charges of disability discrimination.

For further information: "Job Bias Charges Approach Record High In Fiscal Year 2009, EEOC Reports."

Malicious Prosecution Case Settles for $12 Million

robert@robertabelllaw.com (News Author)12080 — Thu, 07 Jan 2010 08:00:00 EST

A malicious prosecution case brought by two men who spent 26 years in prison after being wrongfully convicted of a murder they did not commit has settled for $12 million. Prosecutors generally enjoy complete immunity for actions they take as prosecutors but the Supreme Court indicated that the immunity would not apply to fabrication of evidence and other misconduct when the case was argued last year.

Source: Los Angeles Times

Robert Abell on Tort Reform In Lexington Herald-Leader

robert@robertabelllaw.com (News Author)12079 — Tue, 05 Jan 2010 08:00:00 EST

"Defensive medicine" is a preposterous and unfounded argument advanced by tort reform advocates that seeks to punish victims of reckless and negligence conduct argues this essay by Lexington, Kentucky lawyer Robert L. Abell in the Lexington Herald-Leader, "Tort Reformers Want Cruel Cure For Fictional Ill."

Race Discrimination Suit Filed Against Cleco Corp.

robert@robertabelllaw.com (News Author)11801 — Mon, 21 Dec 2009 08:00:00 EST

Twelve black employees of Cleco Corp. have filed a race discrimination suit in federal court in Louisiana. Their claims include the following:

that in Cleco's "work force, racist and discriminatory comments, conduct and adverse treatment were tolerated and even encouraged by management."
that black employees were "routinely denied promotion while promoting similarly situated white employees with less experience, education and training."

Source: Shreveport Times

Comair Crash: Court Rules Pilot Negligence "Substantial Factor"

robert@robertabelllaw.com (News Author)11795 — Sun, 20 Dec 2009 08:00:00 EST

Pilot error was a "substantial factor" in the Comair crash at Bluegrass Field in Lexington, Kentucky, a federal judge has ruled. Senior District Judge Karl S. Forester ruled that reasonable finds could not differ on the issue. A copy of the court's opinion can be read here.

Source: Lexington Herald-Leader

Supreme Court To Decide Employee's Privacy Right In Texting

robert@robertabelllaw.com (News Author)11697 — Mon, 14 Dec 2009 08:00:00 EST

The Supreme Court has announced that it will decide the scope of the privacy right that a public or government employee has in the text messages sent or received on a device paid for by their employer. The case arises from a police department in Ontario, California. As Adam Liptak of the New York Times reports, "Supreme Court Takes Texting Case," the case opens the door on a number of employee privacy issues:

“What are the legal boundaries of an employee’s privacy in this interconnected, electronic-communication age, one in which thoughts and ideas that would have been spoken personally and privately in ages past are now instantly text-messaged to friend and family via hand-held, computer-assisted electronic devices?”

Dangers I-75 From Truck Volume

robert@robertabelllaw.com (News Author)11651 — Tue, 08 Dec 2009 08:00:00 EST

The number of trucks (tractor-trailers) on parts of I-75 has doubled in the last 15 years. "Big Trucks, Big Challenges: As Truck Volumes Soar and Economy Improves, Experts Warn of Consequences" is the report from the Cincinnati Enquirer on the increased volume of trucks on I-75. Among other things, the Enquirer reports:

Interstate 75 is now the busiest north-south truck route in the United States, making it a modern-day Mississippi River for freight.

Tort Reform Endangers Public

robert@robertabelllaw.com (News Author)11627 — Mon, 07 Dec 2009 08:00:00 EST

Tort reform poses a danger to public safety and welfare argues New York State Bar Association President Michael Gelnick in an essay in the New York Daily News, "Enough With the Tort Reform Myths."

Here's one of the best arguments as to why tort reform endangers the American public:

Repeated studies have shown that approximately 100,000 people die each year due to medical malpractice in our nation's hospitals. These are not simply bad outcomes that were unavoidable; they are instances where physicians or hospitals failed to meet the normal standard of care - where other physicians deemed the damage done to have been avoidable.

If a hospital, for example, allows an expectant mother to lie in one of its labor rooms, fails to notice for several hours that the fetal monitor shows the fetus in distress, and the child is born severely brain damaged, should that institution be protected from a lawsuit? How is that family going to pay for a lifetime of care for their child? What incentive is that hospital going to have to correct its procedures to prevent such an incident from ever happening again?

Roxanne Conlin for Senate Website

robert@robertabelllaw.com (News Author)11485 — Sat, 28 Nov 2009 08:00:00 EST

Roxanne Conlin, a tireless and brilliant advocate for America's families, is running for Senate in Iowa.

Visit her campaign's website, "Roxanne for Iowa," here.

Merits of Tort Reform Decline With Malpractice Insurance Premiums

robert@robertabelllaw.com (News Author)11443 — Wed, 25 Nov 2009 08:00:00 EST

The case for tort reform, whose purported principal benefit is reduced medical malpractice insurance premiums, is undermined by the continuing decline since 2005 of medical malpractice insurance premiums. Maggie Mertens marshals the facts and argument for this reality-based policy on the NPR blog, Shots, "Docs Case For Tort Reform Gets Harder To Make."

Healthcare Whistleblower Fraud Suit Settled for $3 Million

robert@robertabelllaw.com (News Author)11359 — Sat, 21 Nov 2009 08:00:00 EST

A suit filed by a whistleblower charging Medicare fraud by a hospital has been settled for $3 million. The whistleblower alleged that Trinitas Regional Medical Center defrauded Medicare by inflating its charges.

Under the federal False Claims Act the whistleblower should stand to be rewarded with 15-25% of the recovery.

Source: Newark Star-Ledger

Healthcare Whistleblowers Yield $1.6 Billion In Fraud Recoveries

robert@robertabelllaw.com (News Author)11358 — Fri, 20 Nov 2009 08:00:00 EST

Whistleblowers on healthcare fraud helped the government recover some $1.6 billion in the fiscal year ended Sept. 30 the Justice Department has announced. An additional $800 million was also recovered as a result of whistlblowing on other types of government fraud.

The Justice Department currently has a backlog of about 1,000 healthcare fraud whistleblower cases it is investigating.

The federal False Claims Act rewards whistleblowers with 15-25% of the amount recovered.

Source: law.com

Neurontin Clinical Data May Have Been Manipulated

robert@robertabelllaw.com (News Author)11294 — Mon, 16 Nov 2009 08:00:00 EST

Clinical test data for Neurontin may have been manipulated regarding its effectiveness for unapproved, off-label uses, according to documents produced in a lawsuit reports bloomberg.com, "Data From Studies of Pfizer Neurontin Drug May Have Been Skewed."

A report in the New England Journal of Medicine will reflect that data from Neurontin clinical trials that made it into medical journals was different than that produced in the original trials. The article is "Outcome Reporting in Industry-Sponsored Trials of Gabapentin for Off-Label Use."

Pfizer paid $430 million in civil penalties in 2004 for pumping doctors to prescribed Neurontin for off-label uses.

A Great Trial Lawyer, Roxanne Conlin, To Run For U.S. Senate

robert@robertabelllaw.com (News Author)11256 — Thu, 12 Nov 2009 08:00:00 EST

Roxanne Conlin, a great trial lawyer, former President of the American Association for Justice, brilliant and tireless advocate for families, individuals and small businesses, has announced that she will run for the United States Senate challenging career politician Charles Grassley, who has been in office since Eisenhower was President.

Click here to view her campaign video Roxanne Conlin for Iowa

News stories about this great candidate for the United States Senate can be read at the Chicago Tribune and the Des Moines Register,

Returning Soldiers Struggle To Find Jobs

robert@robertabelllaw.com (News Author)11160 — Mon, 02 Nov 2009 08:00:00 EST

After ten months duty in Iraq, Indiana National Guardsmen are finding some difficulty finding jobs when they return home. MSNBC reports, "Guardsmen Now In Battle To Find Jobs."

USERRA outlaws discrimination against a soldier because of his or her military service by providing that a person who is a member of a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion or any benefit of employment by an employer on the basis of that membership in a military service. USERRA, the report states, is of little help where jobs have vanished.

Report On Corporate Greed Endangering Americans

robert@robertabelllaw.com (News Author)11105 — Fri, 30 Oct 2009 08:00:00 EST

"They Knew and Failed To" is the newly released report by the American Association for Justice highlighting highlighting various instances of corporations engaging in negligent conduct, knowing about it, and failing to tell the public in order to increase profits. This compelling report focuses on multiple industries - medical devices, pharmaceuticals, consumer products, food safety and automobiles.

Tort Reform An Unjust Part of Health Care Reform Says Des Moines Register

robert@robertabelllaw.com (News Author)11081 — Thu, 29 Oct 2009 08:00:00 EST

Tort reform is not the answer to health care reform states the Des Moines Register, "Tort Reform Is Not The Answer." Here is the simple truth:

The truth is some Americans are injured by health-care workers. They contract infections when hospital workers don't wash their hands. They have the wrong foot removed in an amputation. They are victims of botched surgeries and negligent practitioners and preventable medical errors.

These Americans have a right to pursue their complaints in the U.S. court system. Doctors do not deserve special protections from Congress in the event of such complaints.

Patients' Rights Given Short Shrift In Health Reform Bills

robert@robertabelllaw.com (News Author)10906 — Tue, 20 Oct 2009 08:00:00 EST

Patients' rights are getting short shrift in the health reform bills pending in Congress reports the Los Angeles Times, "Healthcare Bills Lack Protections Against Treatment Denials, Experts Say." While the proposed legislation will require coverage of all persons, including those with pre-existing illness, that mandate will create incentives for insurance companies to deny coverage for treatments, thus establishing the illusion of insurance coverage. Persons who obtain their medical insurance through employement and thus be subject to ERISA will have little practical legal recourse from such denials. Remedies for treatment denials under ERISA are almost always limited to the cost of the denied treatment, which is practically nothing if death results from the treatment denial.

Support for Restoring Age Discrimination Protections

robert@robertabelllaw.com (News Author)10863 — Sun, 18 Oct 2009 08:00:00 EST

The New York Times editorial board champions passage of the age discrimination bill recently introduced in Congress, "Preventing Age Discrimination." The Times correctly summarizes the merits of the bill as follows:

Congress made clear four decades ago that it wants to protect older workers from discrimination, but the Supreme Court has tried to interfere with that effort. It is up to Congress to put the teeth back into the law.

Congress Moves To Enhance Age Discrimination Protections

robert@robertabelllaw.com (News Author)10862 — Sat, 17 Oct 2009 08:00:00 EST

Protecting against age discrimination in employment is the aim of a bill introduced recently by Senators Patrick Leahy of Vermont, Tom Harkin of Iowa and Congressman George MIller of California. The bill seeks to reverse a decision by the Supreme Court, Gross v FBL Services, that seriously eroded protections against age discrimination. The New York Times covers this story, "Democrats Working To Overturn Justices On Age Bias."

Reverse Mortgages for Seniors Target of Consumer Report

robert@robertabelllaw.com (News Author)10794 — Sun, 11 Oct 2009 08:00:00 EST

Reverse mortgages, which allow seniors to cash in their home equity, may be subject to the same consumer abuses as found in the sub-prime mortgage mess according to a report in the San Francisco Chronicle, "Abuses Found In Reverse-Mortgage Marketing."

XMRV Virus Linked To Chronic Fatigue Syndrome

robert@robertabelllaw.com (News Author)10795 — Sun, 11 Oct 2009 08:00:00 EST

A medical study indicates a link between the XMRV virus and chronic fatigue syndrome. The report of the study was published online at the site for Science Magazine. The New York Times reported on the study: "Virus Is Found In Many With Chronic Fatigue Syndrome."

Chronic fatigue syndrome has been recognized as a disability under the Americans With Disabilities Act and Kentucky state law. See "Chronic Fatigue Syndrome Covered By ADA."

Lexington, Kentucky lawyer Robert Abell represents persons with chronic fatigue syndrome in disability discrimination and disability insurance benefits cases.

Insurance Company Abuses Discussed at Hearing

robert@robertabelllaw.com (News Author)10431 — Sun, 20 Sep 2009 08:00:00 EST

Abusive claims denial practices were the focus of a House hearing last week before its subcommittee on domestic policy. One case discussed was that of Esther Dardinger, who was receiving successful chemotherapy treatment for cancer when her insurance company, Anthem, decided to deny further coverage. After she died, her family sued Anthem; a jury verdict was returned in their favor and upheld by the Ohio Supreme Court, which observed as follows:

Anthem had worn them down as surely as the cancer had. ... Like the cancer, Anthem relentlessly followed its own course, uncaring, oblivious to what it destroyed . . . . The ruination of a life was just a side effect.

Source: Washington Post

Rescission: When the Insurance Company Doesn't Want to Provide the Coverage You've Been Paying For

robert@robertabelllaw.com (News Author)10302 — Wed, 09 Sep 2009 08:00:00 EST

This article, "When Your Insurer Says You're No Longer Covered," in the Washington Post discusses the insurance industry practice of rescission, which occurs when a company cancels a policy because it claims it was misled. It is unclear how widespread the practice is although the five largest insurers in California have paid $19 million in fines over the last year and a half for wrongly cancelling policies. One of these insurance companies, Health Net, paid a $1 million fine and admitted to paying bonuses to employees for coming up with reasons to try and justify rescinding a policy.

Calls for Tort Reform Condemned; Why Are Americans Demanding Their Rights Be Taken Away

robert@robertabelllaw.com (News Author)10301 — Tue, 08 Sep 2009 08:00:00 EST

In America an individual has the opportunity in court to redress wrongs done him or her by the largest corporations, insurance companies or the government. This right was so important that the Founding Fathers enshrined it in the Constitution. Yet Americans are showing up at town hall rallies angrily demanding that their rights be taken away from them in favor of insurance companies.

Scott Maxwell discusses this odd development in "Medical Malpractice Reform Won't Slash Health Care Costs," his column in the Orlando Sentinel.

E-Coli Tainted Cookie Dough Highlights Food Safety Concerns

robert@robertabelllaw.com (News Author)10235 — Wed, 02 Sep 2009 08:00:00 EST

Nestle cookie dough tainted with the E-coli bacteria sickened 80 people in 31 states. The recall of the cookie dough was earlier reported at Nestle Toll House Cookie Dough Recall and E Coli Confirmed In Cookie Dough. The Washington Post also reports that ten people have developed hemolytic uremic syndrom from the tainted cookie dough, This Woman Might Die From Eating Cookie Dough. The Post also reports that one in four Americans are sickened by food-borne illnesses each year.

Herald-Leader On the Myth of Tort Reform

robert@robertabelllaw.com (News Author)9993 — Mon, 17 Aug 2009 08:00:00 EST

The myth of tort reform -- that it leads to reduced medical costs -- is discussed by the Lexington Herald-Leader, "Tort Reform Doesn't Cut Health Costs." Texas adopted tort reform and limited the rights of the most severely injured and following has seen an increase in medical costs.

The Herald-Leader also cites to a very interesting recent article in the New Yorker by Dr. Atul Gawande, "The Conundrum: What A Texas Town Can Teach Us About Health Care."

Whistleblowers Can Testify Against State Farm

robert@robertabelllaw.com (News Author)9952 — Wed, 12 Aug 2009 08:00:00 EST

Two whistleblowers will be permitted to testify in a trial of a case claiming that State Farm defrauded the government in the handling of claims arising from Hurricane Katrina. The whistleblowers, Kerri and Cori Rigsby, were claims adjusters for a company hired by State Farm to help handle homeowners claims generated by Hurricane Katrina. Their suit claims that State Farm defrauded the federal government by wrongfully denying claims and causing the liability for the claims to shift to the federal government's flood insurance program.

A federal judge ruled that the whistleblowers have "relevant knowledge" and will be able to testify in all further proceedings.

$2 Million Settlement In Whistleblower Case

robert@robertabelllaw.com (News Author)9956 — Wed, 12 Aug 2009 08:00:00 EST

A $2 million settlement in a whistleblower case against Boeing has been reached. The suit claimed that the company defrauded the government by overbilling it for work done on Air Force planes; the suit alleged that Boeing submitted bills showing that more people worked on the planes than actually did.

The whistleblower, former Boeing employee Edward Quintana, will share in 15-25% of the settlement. Employees of government contractors that blow the whistle on defrauding or overcharging the government can receive 15-25% of the monies recovered under the federal False Claims Act.

Source: Seattle Post-Intelligencer

President Obama Names New OSHA Head

robert@robertabelllaw.com (News Author)9845 — Thu, 06 Aug 2009 08:00:00 EST

Dr. David Michaels is President Obama's choice as the new head of OSHA, the federal agency in charge of worker safety. Dr. Michaels is the author of "Doubt Is Their Product: How Industry's Assault On Science Threatens Your Health." Dr. Michaels' selection promises that OSHA will place renewed emphasis on worker safety.

Source: New York Times

Whistleblower Protection Bill Advances

robert@robertabelllaw.com (News Author)9692 — Fri, 31 Jul 2009 08:00:00 EST

A bill providing increased protections for federal government whistleblowers advanced in the Senate earlier this week. The bill is the Whistleblower Protection Enhancement Act of 2009. Among the key added protections is the right to a jury trial.

Source: Washington Post

Chemical Spill In Scott County - Kentucky Injury Lawyer

robert@robertabelllaw.com (News Author)9644 — Wed, 29 Jul 2009 08:00:00 EST

A chemical spill in Scott County closed U.S. 460 on Tuesday, July 28, 2009. A tractor-trailer flipped blocking the road, running one vehicle off the road and causing injuries to the driver of another. A number of families were evacuated from their homes because of the spill.

Source: Lexington Herald-Leader

Texting While Driving Increases Crash Risk 23%, Study Says

robert@robertabelllaw.com (News Author)9610 — Tue, 28 Jul 2009 08:00:00 EST

Texting while driving increases the risk of crash 23% a study has concluded. To conduct the study video cameras where installed in the cabs of tractor-trailers for 18 months.

Source: New York Times

Diet Supplements Alleged To Contain Steriods

robert@robertabelllaw.com (News Author)9575 — Sun, 26 Jul 2009 08:00:00 EST

Two popular diet supplements, Tren Xtreme and Mass Xtreme, are reported to contain steroids. A search warrant application asserted that the supplements contained Madol, a designer steroid. The supplements are reportedly popular among high school football players.

Source: New York Times

Robert Abell Publishes Article on Getting Differential Diagnosis Evidence Admitted

robert@robertabelllaw.com (News Author)9573 — Fri, 24 Jul 2009 08:00:00 EST

Robert L. Abell has published in The Advocate, the official publication of the Kentucky Justice Association, an article on getting differential diagnosis evidence on medical causation admitted at trial: A Guide To Getting "Differential Diagnosis" Evidence Admitted.

Robert L. Abell, a Lexington, Kentucky lawyer, represents individuals and families injured in accident and negligence cases.

Overtime Class Action Suit Settled -- Kentucky Overtime Lawyer

robert@robertabelllaw.com (News Author)9481 — Mon, 20 Jul 2009 08:00:00 EST

A class action lawsuit for overtime pay against Zumiez, a apparel manufacturer, has been settled for $1.3 million. The suit clailmed that the employer failed to pay employees their overtime when due and denied them breaks.

Robert L. Abell, a Lexington, Kentucky lawyer, represents employees seeking their overtime pay and in other wage and hour cases.

Source: Seattle Times

Age Discrimination Hearing To Be Held by EEOC - Kentucky Age Discrimination Lawyer

robert@robertabelllaw.com (News Author)9401 — Sun, 12 Jul 2009 08:00:00 EST

Age discrimination in the workplace will be the topic of a public hearing to be held by the Equal Employment Opportunity Commission (EEOC) on Wednesday, July 15, 2009. The EEOC hopes to draw additional attention to the growing problem of age bias in the workplace. Age discrimination complaints filed with the EEOC have risen from 15,191 in 1998 to 24,582 in 2008, a record.

Source: EEOC; law.com

Weakening of Age Discrimination Protections Criticized -- Kentucky Discrimination Lawyer

robert@robertabelllaw.com (News Author)9352 — Sat, 11 Jul 2009 08:00:00 EST

Age discrimination protections were weakened by the Supreme Court in a recent decision. The New York Times calls on Congress to yet again correct the Court's disregard for protecting individuals, "Age Discrimination."

Whistleblower Fired For Speaking To Media -- Kentucky Whistleblower Lawyer

robert@robertabelllaw.com (News Author)9351 — Fri, 10 Jul 2009 08:00:00 EST

A National Funeral Home employee has been fired for reporting to the media the alleged mishandling of bodies at funeral home facility. The employee corroborated another former employee's reports about mishandling of bodies by the funeral home. He was fired the following day and told that he violated company policies in speaking to the media. Among the reports was information that the bodies of soldiers killed in action were mishandled while awaiting burial at Arlington National Cemetery.

Source: Washington Post

Discrimination Suit Filed Against Campbell Soup -- Kentucky Employment Lawyer

robert@robertabelllaw.com (News Author)9354 — Thu, 09 Jul 2009 08:00:00 EST

A race discrimination suit filed against Campbell Soup claims that an African-American employee has not been promoted from an entry-level position since 1985 despite good performance reviews. The suit seeks class action status.

Source: Philadelphia Inquirer

Tainted Air Target of Lawsuit -- Kentucky Workers Compensation Lawyer

robert@robertabelllaw.com (News Author)9353 — Wed, 08 Jul 2009 08:00:00 EST

A former flight attendant has filed a lawsuit claiming that hazardous fumes tainted by toxins are forced into the intake air system for airline passenger cabins. The lawsuit claims that the air intake system causes engine oil and hydraulic fluid to mix generating a neurotoxic oil additive, passengers sometimes notice this as a chemical or "dirty socks" odor. According to FAA records, these incidents occur up to six times per week.

Source: Seattle Post-Intelligencer

Overtime Suit For Busdrivers Advances - Kentucky Overtime Lawyer

robert@robertabelllaw.com (News Author)9307 — Tue, 07 Jul 2009 08:00:00 EST

An overtime lawsuit by busdrivers claiming that they were not paid for time spent on training, cleaning busses and voluntary field trips, in addition to their regular driving duties, will proceed to trial. A federal judge has also ruled that whether the drivers' employer, First Student, Inc., a Cincinnati-based company, acted in good faith will be decided by a jury.

Hospital's Inflated Patient Records Yield $2.75 Million Fraud Settlement

robert@robertabelllaw.com (News Author)9306 — Mon, 06 Jul 2009 08:00:00 EST

A whistleblower case has ended in a $2.75 million settlement. A hospital, Johns Hopkins Bayview Medical Center, inflated its patient records so that it could receive greater reimbursements.

The whistleblower lawsuit, which was filed under the federal False Claims Act, yielded $550,000 for the two whistleblower employees.

Employees that blow the whistle on government fraud can receive up to 20% of the amount recovered.

Oatmeal Recall

robert@robertabelllaw.com (News Author)9301 — Sat, 04 Jul 2009 08:00:00 EST

Malt-O-Meal is voluntarily recalling Maple and Brown Sugar Instant Oatmeal because of possible salmonella poisoning. The oatmeal is sold nationally under various brand names. The cartons of particular interest state an expiration date of June 30, 2009, to October 28, 2010.

Source: New York Times

E Coli Confirmed In Cookie Dough

robert@robertabelllaw.com (News Author)9255 — Tue, 30 Jun 2009 08:00:00 EST

The FDA confirmed the presence of the E Coli bacteria in samples of Nestle's Toll House cookie dough at its Danville, Virginia plant. Nestle recalled 30,000 cases of the cookie dough last week. Dozens of cases of E Coli-related illnesses have been linked to the contaminated cookie dough.

Source: Washington Post

Tainted Cookie Dough Suit Filed -- Kentucky Injury Lawyer

robert@robertabelllaw.com (News Author)9227 — Mon, 29 Jun 2009 08:00:00 EST

A child was sickened by the e-coli tainted Toll House cookie dough and a lawsuit has been filed to obtain compensation for her injuries and medical expenses. The maker of the cookie dough, Nestle, recalled its Toll House cookie dough last week. See Toll House Cookie Dough Recall.

Source: Denver Post

Nestle Toll House Cookie Dough Recall

robert@robertabelllaw.com (News Author)9083 — Mon, 29 Jun 2009 08:00:00 EST

Nestle Toll House cookie dough has been recalled due to possible e.coli contamination. The Center for Disease Control has reported 65 people in 29 states sickened by eating the cookie dough.

Source: Newsday

More Support for Paycheck Fairness Act - Sex Discrimination

robert@robertabelllaw.com (News Author)9167 — Fri, 26 Jun 2009 08:00:00 EST

Support for the Senate's passage of the Paycheck Fairness Act is urged by a guest column in the St. Louis Post-Dispatch, "Equal Pay Is Not Only About Fairness -- It's About Survival."

Paycheck Fairness Act - Kentucky Discrimination Lawyer

robert@robertabelllaw.com (News Author)9114 — Wed, 24 Jun 2009 08:00:00 EST

The Paycheck Fairness Act will promote fairness and require employers to justify wage disparities by skill and experience not gender. It will prohibit employers from retaliating against employees that discuss pay issues. It will also allow victims of unlawful wage discrimination to recover compensatory and punitive damages. A New York Times editorial urges its passage, "Paycheck Fairness."

Whistleblower Case To Be Decided By Supreme Court

robert@robertabelllaw.com (News Author)9096 — Mon, 22 Jun 2009 08:00:00 EST

The False Claims Act allows a whistleblower to share in a recovery of monies obtained by government contract fraud. A key to this type of recovery is that the whistleblower be the first to publicly disclose the information. The Supreme Court agreed Monday to decide how these protections would apply in the case of Graham County Soil & Conservation District v. United States ex rel. Wilson.

Source: Bloomberg.com

EEOC To Revise Disability Act Regulations - Lexington Disability Lawyer

robert@robertabelllaw.com (News Author)9072 — Mon, 22 Jun 2009 08:00:00 EST

The Equal Employment Opportunity Commission (EEOC) voted last week to adopt new regulations implementing the 2008 amendments to the Americans With Disabilities Act (ADA). See EEOC press release here. The ADA amendments and the to-be-implemented regulations will reverse the effects of numerous Supreme Court decisions that wrongly limited the ADA's protections.

Medical Insurers Vow To Continue Rescission Policies

robert@robertabelllaw.com (News Author)9063 — Sat, 20 Jun 2009 08:00:00 EST

Medical insurance company representatives vowed last week to continue their rescission practices. Insurance rescission occurs where an insured becomes sick, the insurance company drops coverage and backcharges them for the bills the insurance company has already paid. Rescission yielded some $300 million to medical insurane companies over the last five years. The Pop-Tort has been covering this issue.

Whistleblower Wins Judgment Against City

robert@robertabelllaw.com (News Author)9040 — Thu, 18 Jun 2009 08:00:00 EST

A whistleblower has won a judgment against the City of Detroit reports the Detroit Free Press, "Detroit EMS Worker Wins Whistleblower Suit." The whistleblower, a city EMS worker, was fired one (1) day after a sworn statement he signed reporting that the wife of Detroit's former mayor had attacked a woman was publicly disclosed.

Asbestos Victims' Medical Bills To Be Paid By EPA

robert@robertabelllaw.com (News Author)9041 — Thu, 18 Jun 2009 08:00:00 EST

The EPA will pay the medical bills for persons suffering from asbestos-related illnesses in two Montana towns reports the Washington Post, "EPA To Pay Health Bills For People Sickened By Asbestos From Montana Mine." The two towns, Libby and Troy, have a combined population of about 3900 and presently have some 500 people suffering from asbestos-related diseases such as lung cancer and asbestosis. About 50 new cases arise each year, nearly all from persons who never set foot in the mines.

Nursing Homes Fined Over Resident Deaths

robert@robertabelllaw.com (News Author)8992 — Thu, 11 Jun 2009 08:00:00 EST

Inadequate leading to the death of two nursing home residents has led to fines totaling $180,000 reports the Los Angeles Times, "Two Orange County Nursing Homes Fined for Patient Deaths." One death was the result of dehydration, the other by a failure to resuscitate where the nursing home staff mistakenly believed that orders existed not to resuscitate the resident. The fluids records of the patient that died of dehydration were blank or illegible.

Government Joins Whistleblower Suit Against Drugmaker

robert@robertabelllaw.com (News Author)8666 — Wed, 10 Jun 2009 08:00:00 EST

The federal Department of Justice and 16 states have joined a whistleblower lawsuit against the drug company, Wyeth, according to a report from bloomberg.com, "Wyeth Failed To Pay Medicaid Rebates." The Justice Department and the states claim that Wyeth failed to pay rebates to the Medicaid program, which is funded jointly by the federal government and each state government, for its Protonix Oral and Protonix IV drugs that suppress stomach acid. Medicaid is supposed to pay the same rates that private hospitals pay for the drugs and the suit claims that Wyeth hid those rates and failed to pay the required rebates.

Nursing Home Whistleblower Files Suit Over Firing

robert@robertabelllaw.com (News Author)8964 — Wed, 10 Jun 2009 08:00:00 EST

A whistleblower on abuse and neglect of nursing home residents has filed suit claiming wrongful termination reports the Tulsa World, "Whistleblower Sues Over Her Firing." Diana Harris claims that she reported numerous incidents of abuse and neglect of nursing home residents that was ignored. Only when she indicated that she would report the matters outside the nursing home was she fired the suit claims.

Under Kentucky law it is unlawful to terminate an employee who in good faith reports conditions or events that affect the quality of care afforded a nursing home resident, provided that it is licensed and regulated by the state.

Whistleblower Case Settled for $40 Million

robert@robertabelllaw.com (News Author)8972 — Wed, 10 Jun 2009 08:00:00 EST

A whistleblower and government fraud case has been settled for $40 million after 15 years of litigation reports the Montgomery Independent, "$40 Million Recovered In Whistleblower Case." Scott Pogue, who was fired from his job as marketing director for Diabetes Treatment Center of America (DTCA) filed the suit under the federal False Claims Act. Mr. Pogue and his attorneys will recover some $12 million of the $40 million settlement; the government will receive the remainder. The core of the case were kickbacks that DTCA paid over 200 doctors around the country in consideration for the doctors referring their diabetes patients to DTCA centers.

Whistleblower Settles With Ex-Governor For $500,000

robert@robertabelllaw.com (News Author)8749 — Wed, 10 Jun 2009 08:00:00 EST

A whistleblower who claimed that he was fired from his job in the adminstration of former Missour Governor Matt Blunt has settled his lawsuit for $500,000 reports the St. Louis Post-Dispatch, "State Settles Lawsuit By Former Blunt Lawyer for $500,000." The whistleblower claimed that he was fired for reporting violations of the state's open records law.

Mattel Fined $2.3 Million For Lead in Children's Toys

robert@robertabelllaw.com (News Author)8946 — Tue, 09 Jun 2009 08:00:00 EST

The Consumer Product Safety Commission has fined Mattel and its Fisher-Price subsidiary $2.3 million for selling children's toys with high levels of lead paint reports bloomberg.com. The toys included Go Diego Go Rescue Boats, Bongo Band, Elmo Stacking Rings and Bedtime Dora.

Too Much Money Makes Court Appear Unfair, Supreme Court Rules

robert@robertabelllaw.com (News Author)8950 — Mon, 08 Jun 2009 08:00:00 EST

Sometimes is just too much, at least in the area of judicial campaign contributions the Supreme Court ruled Monday in Caperton v. Massey Energy. You just can't buy too much justice the Court explained, finding it an "extraordinary situation" and advising that:

Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when-without the consent of the other parties-a man chooses the judge in his own cause.

Antidepressants May Increase Risk of Breast Cancer Recurrence

robert@robertabelllaw.com (News Author)8854 — Tue, 02 Jun 2009 08:00:00 EST

The risk of breast cancer recurrence may be increased through use of the antidepressants, Prozac, Zoloft and Paxil, according to a study presented to the American Society of Clinical Oncology reports bloomberg.com, "Antidepressants Cut Effectiveness of Tamoxifen In Breast Cancer." The antidepressants appear to reduce the effectiveness of Tamoxifen, a breast cancer medicine.

Class Action To Recover Co-Pays To Insurance Company

robert@robertabelllaw.com (News Author)8853 — Mon, 01 Jun 2009 08:00:00 EST

A class action lawsuit to recover co-payments made to an insurance company has been filed reports consumeraffairs.com, "Kaiser Class Action Filed In California." The plaintiffs made co-payments to the insurance company for treatment when they were injured. When their personal injury claims were later settled and the insurance company repaid, the insurance company did not refund the co-payments to the insureds, the suit claims. The lawsuit is brought under the federal Employee Retirement Income Security Act (ERISA).

Bill Requiring Paid Sick Days Introduced

robert@robertabelllaw.com (News Author)8851 — Mon, 01 Jun 2009 08:00:00 EST

A bill - the Healthy Families Act - requiring up to seven paid sick days annually for an employee has been introduced in Congress reports the New York Times, "Bill Would Guarantee Up To 7 Paid Sick Days." The bill would guarantee employees one paid hour off for each 30 hours worked, enabling them to earn up to seven paid sick days a year. They would be entitled to claim their days when they or a child, a parent, a spouse or someone else close to them became ill.

Truck Accident Closes I-75 Temporarily

robert@robertabelllaw.com (News Author)8827 — Sat, 30 May 2009 08:00:00 EST

A tractor-trailer truck accident temporarily closed I-75 southbound on Friday, May 29, 2009, reports kentucky.com, "I-75 Southbound Closed By Crash at Tennessee-Kentucky Line." A truck went out of control coming down Jellico Mountain into Kentucky at the state border.

Pneumonia Risk Greater With Acid-Reflux Drugs, Study Indicates

robert@robertabelllaw.com (News Author)8774 — Thu, 28 May 2009 08:00:00 EST

Acid reflux drugs commonly given hospital patients appear to present a greater incidence of pneumonia according to a study to be published in The Journal of the American Medical Association the New York Times reports, "Some Acid-Reflux Drugs Tied To Pneumonia." The most common acid reflux drugs are Nexium, Prilosec and Prevacid and are given somewhere between 40-70% of hospital inpatients. The study concludes that "acid-suppressive medication use was associated with30% increased odds of hospital-acquired pneumonia."

FDA Warns of Fraudulent Swine Flu Cures

robert@robertabelllaw.com (News Author)8775 — Wed, 27 May 2009 08:00:00 EST

The Food and Drug Administration (FDA) has issued a warning about Internet marketing of fraudulent swine flu cures. Learn more about the warning here.

Chinese Drywall Subject of Senate Hearings

robert@robertabelllaw.com (News Author)8750 — Wed, 27 May 2009 08:00:00 EST

Defective Chinese drywall became the subject of intense Congressional scrutiny last week as two Senate committees held hearings on the topic reports Florida's Herald-Tribune, "The Week That Saw Drywall Snowball." Under consideration are possible new laws to make it easier to sue foreign manufacturers of defective products and a nationwide recall of defective Chinese drywall.

Lexington Bike Event A Success

robert@robertabelllaw.com (News Author)8751 — Wed, 27 May 2009 08:00:00 EST

Bike Lexington was a big success reports Tom Eblen in the Lexington Herald-Leader, "Bike Lexington Draws Big Crowd Despite Rain."

Removal of Carcinogens From Baby Shampoo Urged

robert@robertabelllaw.com (News Author)8748 — Tue, 26 May 2009 08:00:00 EST

Family safety, consumer, health and environmental groups are requesting Johnson & Johnson to remove carcinogens found in Johnson's Baby Shampoo and other products reports Newsday, "Consumer, Health Coalition Pushes J&J To Remove Trace Amounts of Chemicals From Baby Products." The company disputes that the chemicals pose any health risk. But Dr. Sidney Wolfe, acting director of consumer group Public Citizen, said, "Generally with carcinogens, there isn't any safe level."

Bicycling In & Around Lexington

robert@robertabelllaw.com (News Author)8721 — Sun, 24 May 2009 08:00:00 EST

In "Bring Back The Joy Of Biking," William Gorton of Lexington makes the case for more and better bike trails in Lexington and in surrounding Central Kentucky.

Overtime Suits For On-Call Time On the Rise

robert@robertabelllaw.com (News Author)8717 — Sat, 23 May 2009 08:00:00 EST

Suits by overtime compensation by on-call employees are becoming more prevalent according to law.com, "On-Call Employees Suing Over Unpaid Restrictions on Freedom." As an example one suit is by employees of an in-home respiratory services provider; they claim that they should be paid for the time they spend on-call answering questions and providing information on the phone as well as the time they have to be available to answer to questions.

Both the federal Fair Labor Standards Act and Kentucky state law require that employees be paid for all time they are working for their employer. Whether the time an employee is "on-call" is compensable time depends on that individual employee's circumstances.

Supreme Court Furthers Harm of Pregnancy Discrimination

robert@robertabelllaw.com (News Author)8654 — Tue, 19 May 2009 08:00:00 EST

The decades-long harm inflicted by pregnancy discrimination were perpetuated Monday by the Supreme Court's ruling that pregnancy leave taken before enactment of the Pregnancy Discrimination Act in 1979 need not be counted as service credit for purposes of calculating pension benefits, even though all other types of leave were. A report can be read here. The Court ruled 7-2 in the case of AT & T v. Hulteen. You can learn more about the Supreme Court's decision and the Pregnancy Discrimination Act here.

Eight Motor Vehicle Deaths In Kentucky Last Week

robert@robertabelllaw.com (News Author)8552 — Wed, 13 May 2009 08:00:00 EST

Eight people died in seven separate crashes on Kentucky roadways from Monday, May 4 through Sunday, May 10, 2009, according to the Kentucky State Police. Seven of the crashes involved motor vehicles and two of those victims were not wearing seat belts. Single-fatality crashes occurred in Fayette, Floyd, Jefferson, Letcher, and Union counties. A motorcycle crash in Perry County killed one person.

So far in 2009 267 people have been killed in motor vehicle crashes in Kentucky, 14 more than in the same period in 2008. 21 deaths have involved a motorcycle.

Robert L. Abell Joins AAJ's Bicycle Injury Group

robert@robertabelllaw.com (News Author)8551 — Tue, 12 May 2009 08:00:00 EST

Robert L. Abell, an accident and personal injury lawyer in Lexington, Kentucky, has joined the recently-formed Bicycle Injury Group of the American Association of Justice. As bicycles grow as more popular means of transportation and recreation, the number of accidents, injuries, and deaths will also increase as cyclists contend with poorly designed roadways and products, as well as overly aggressive drivers. The Bicycle Litigation Group will focus on issues that directly relate to injured cyclists, including products liability, motor vehicle collisions, roadway design, and government liability. The Group pulls together the specialized subsections of areas of personal injury practice that relate to representation of injured cyclists, including:

defective products including frames, helmets and wheels
motor vehicle collisions of cars and trucks and bicycles
roadway design and the hazards posed by the design of city streets, highways and other road surface defects
government liability

Robert Abell Publishes Article On Proving Discrimination In KJA's The Advocate

robert@robertabelllaw.com (News Author)8550 — Tue, 12 May 2009 08:00:00 EST

Victims of discrimination can often refer to discrimination inflicted on others to help prove their own claim of discrimination. Courts have recognized that plaintiffs can show intentional discrimination in a "variety of ways" including but not limited to proof "that there has been a general attitude of discrimination throughout the employment climate," statistical showings that "minorities are infrequently or never hired," and "objective and subjective standards" showing better qualifications of a passed over candidate. The key, courts have emphasized, is that trial judges should not cripple a plaintiff's ability to prove his or her case by "evidentiary rulings that keep out probative evidence because of crabbed notions of relevance or excessive mistrust of juries."

Robert L. Abell discusses the relevant caselaw developed in the courts on this important point in an article published in The Advocate, the official publication of the Kentucky Justice Association, titled "There You Go Again: Admissibility of Other Bad Act Evidence Under KRE 404(b)."

Age Discrimination Class Action Suit Filed Against 3M

robert@robertabelllaw.com (News Author)8445 — Wed, 06 May 2009 08:00:00 EST

A class action lawsuit alleging age discrimination against employees 45 and older has been filed against the 3M Company reports bloomberg.com, "3M Discriminates Against Older Workers, Suit Claims." The suit's material allegations, according to the report, are that older workers were denied leadership training and promotions and were awarded smaller salary increases and fewer stock options than younger employees.

Both the federal Age Discrimination In Employment Act and the Kentucky Civil Rights Act prohibit discriminatory employment practices based on age.

$4.5 Million Retaliation Verdict Upheld

robert@robertabelllaw.com (News Author)8421 — Mon, 04 May 2009 08:00:00 EST

A $4.5 million jury verdict in favor of a city employee in a retaliation case has been affirmed by the trial court judge reports the Boston Globe, "Cambridge Must Pay $4.5 Million In Bias Case." The city employee, Malvina Monteiro, filed a discrimination complaint charging race and national origin discrimination. There followed what the trial judge described as "deliberate, systematic campaign to punish [Monteiro] as a reprisal for her effrontery in lodging a discrimination claim." The jury's verdict included $3.5 million in punitive damages.

Kentucky Vehicle Accidents Claimed 19 Lives Last Week

robert@robertabelllaw.com (News Author)8422 — Mon, 04 May 2009 08:00:00 EST

The Kentucky State Police reports that 19 people were killed last week in motor vehicle accidents last week in Kentucky, according to the Kentucky Enquirer, "19 Died On Kentucky Highways."

Hydroxycut Recalled After FDA Cites Liver Dangers

robert@robertabelllaw.com (News Author)8426 — Mon, 04 May 2009 08:00:00 EST

Hydroxycut, a popular weight-loss product, has been recalled following announcements by the FDA that the dietary product has been linked to liver and other medical problems reports the New York Times, "Hydroxycut Diet Aids Recalled After Warning." According to the FDA, it has received a total of 23 reports linking Hydroxycut to significant medical problems including liver, kidney and heart problems.

The FDA does not have authority to review and approve dietary supplements prior to their market availability. The manufacturers of "dietary supplements are themselves responsible for ensuring and documenting the safety and efficacy claims of their products."

Workers Compensation Lawyer Robert Abell Quoted By Inside Counsel Magazine On Remedies for Injured Workers Fraudulently Denied Benefits

robert@robertabelllaw.com (News Author)7730 — Sat, 02 May 2009 08:00:00 EST

Robert L. Abell, a work injury lawyer in Lexington, Kentucky, was quoted in Inside Counsel, a magazine for corporate counsel, regarding the decision by the United States Court of Appeals for the Sixth Circuit, Brown v. Cassens Transport, which ruled that injured workers fraudulently denied workers compensation benefits can sue under the federal racketeering law, RICO. The article is titled "Employers Face RICO Claims for Workers Comp Denials" and appears in the February 2009 edition of Inside Counsel.

Robert L. Abell also published an article about the case in the January/February edition of The Advocate, the official publication of the Kentucky Justice Association. See "Injured Workers May Pursue Civil RICO Claim Based On Enterprise To Deny Them Workers' Compensation Benefits."

Supreme Court Justice Souter Retires, President Obama Announces

robert@robertabelllaw.com (News Author)8400 — Fri, 01 May 2009 08:00:00 EST

Supreme Court Justice David Souter is retiring, President Obama announced this afternoon the Washington Post reports, "Obama Announces Justice Souter Is Retiring." Souter, who is from New Hampshire, was nominated for the Supreme Court by the first President Bush. President Obama pledged that he would seek a nominee with a "sharp and independent mind and a record of excellence and integrity. I will seek someone who understands justice isn't about some abstract theory."

Robert L. Abell Blogs for Lexington Herald-Leader

robert@robertabelllaw.com (News Author)8401 — Fri, 01 May 2009 08:00:00 EST

Robert L. Abell is the author of the Bluegrass Law Blog hosted on the website of the Lexington Herald-Leader, www.kentucky.com. The Bluegrass Law Blog provides general commentary and review of legal issues and developments.

In addition to the Bluegrass Law Blog, Robert L. Abell is also the author of the Abell Law Blog and the Kentucky Employment Law Blog.