Attorney Blog

Cardiologists Charged With Bilking Medicare In Whistleblower Suit

Thu, 02 Feb 2012 08:00:00 EST

A whistleblower suit brought against a practice group of cardiologists in Pennsylvania claims the doctors defrauded Medicare by billing for unnecessary angioplasty and other procedures. The whistleblower, Dr. Tullio Emanuele, who now practices in Kentucky, alleges that five former colleagues had a kickback scheme with a local medical center and that some of the group had surgical intervention rates more than double that of others in the practice group.

Source: Forbes

This whistleblower lawsuit was brought under the federal False Claims Act, which allows whistleblowers to keep 15-25% of the monies recovered from the company or individuals that defrauded the government.

If you know of fraud perpetrated on the federal government, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Hospital Settles Race Discrimination Suits for $2 Million

Wed, 01 Feb 2012 08:00:00 EST

A series of race discrimination suits against an Iowa hospital, Allen Hospital in Waterloo, Iowa, have been settled for $2 million. Robyn Meeks, a nurse, filed the suit claiming that the hospital discriminated on the basis of race by hiring and promoting less-qualified white applicants and employees. As part of the settlement, Meeks was reinstated to employment, paid her back pay, will receive some compensation for emotional distress and legal fees will be paid.

Source: KWWL.com

Race discrimination in employment, in hiring, in promotion, in pay and in other terms and conditions of employment violates both federal and Kentucky state law. If you have suffered illegal race discrimination, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Forever 21 Employees Seek Unpaid Wages & Overtime In Class Action Suit

Mon, 23 Jan 2012 08:00:00 EST

Employees of the Forever 21 clothing store in California have filed a class action lawsuit seeking unpaid wages and overtime. The employees claim in the suit that they were required to work through their meal breaks and were required to stay in the store after the end of their shifts and after they had clocked out.

Source: Los Angeles Times

Kentucky law requires that an employee be completely relieved of work duties during unpaid meal breaks. If an employee has to perform work during what is supposed to be their meal break, the employee must be paid for the time. If an employer requires an employee to stay in the workplace after they have clocked out, the employee is supposed to be paid for the time.

Lexington, Kentucky wages and overtime lawyer represents employees in suits seeking recovery of unpaid wages and/or overtime; contact him at 859-254-7076.

J & J Risperdal Whistleblower Suit Settled for $158 Million

Sun, 22 Jan 2012 08:00:00 EST

A whistleblower suit against Johnson & Johnson (J & J) involving its anti-psychotic drug, Risperdal, has been settled for $158 million. The suit claimed that J & J overcharged Medicaid for the drug and wrongfully promoted it including for use by children. The whistleblower, Allen Jones, a former investigator for the Pennsylvania Office of Inspector General, reported as follows: "There were many trials with negative information that the company completely buried. They did not forward it to the FDA. They denied it even existed. Then, on a state-by-state level, they infiltrated the mental health delivery system."

Source: Boston Herald

The whistleblower suit was brought under the federal False Claims Act, which allows lawsuits by whistleblowers where a supplier or contractor to the government has overcharged it, deceived it or defrauded it in some way. Whistleblowers in suits under the False Claims Act may retain 15-25% of the money recovered.

Lexington, Kentucky whistleblower lawyer Robert Abell represents whistleblowers in suits under the False Claims Act; contact him at 859-254-7076.

Tip Credit Case Against Applebee's Turned Down by Supreme Court

Sat, 21 Jan 2012 08:00:00 EST

A lawsuit for unpaid wages by bartenders and servers against Applebee's regarding application of the tip credit has been turned down for review by the Supreme Court. The case will now go on to trial. The case was decided by the United States Court of Appeals for the Eighth Circuit, which is headquartered in St. Louis, early in 2011: Fast v. Applebee's International, Inc., No. 10-1725.

Source: Los Angeles Times

The "tip credit" allows employers to pay employees that work in jobs where they customarily receive tips far less than the minimum wage, presently $2.13 per hour. The idea is that the employee will receive tips that make up the difference between the rate paid by the employer and the minimum wage.

The servers and bartenders claim in the Applebee's case that they spend more than 20% of their work time performing duties such as cleaning, stocking and readying inventory for which they will not receive any tips. For this non-tipped work time the employees claim they should be paid the minimum wage rather than the lower rate of $2.13 per hour.

Lexington, Kentucky wages and overtime lawyer Robert Abell represents employees in cases seeking their unpaid wages and overtime; contact him at 859-254-7076.

Panera Bread Sued for Race Discrimination In Hiring

Wed, 18 Jan 2012 08:00:00 EST

A Panera Bread franchisee, Covelli Enterprises, in the Pittsburgh area has been sued for race discrimination in hiring. The lawsuit comes on the heels of a related lawsuit by a manager that claims he was fired because he opposed the racist policies that the franchisee wanted followed.

Source: Pittsburgh Post-Gazette

Both federal and Kentucky state law prohibit race discrimination in hiring. Likewise, both federal and Kentucky state law prohibit retaliation against an employee that opposes employment discriminatory practices such as race discrimination in hiring.

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals and employees in employment discrimination cases; contact him at 859-254-7076.

Hotel Sued By Hotel Guest for Sexual Assault

Wed, 18 Jan 2012 08:00:00 EST

Starwood Hotels has been sued by a guest, who was subjected to a sexual assault while in her hotel room. The victim, an investment banker, was sexually assaulted while in her bed in her room after the hotel gave a key to her room to an intoxicated man claiming to be her husband.

Source: Reuters

Hotels and motels have a duty under Kentucky law to take reasonable steps to protect and provide for the safety of their guests. The duty isn't absolute but the hotel is required to do what it reasonably can to assure for its guests' safety.

Lexington, Kentucky injury lawyer Robert Abell represents individuals and families injured by the negligent or intentional wrongdoing of others; contact him at 859-254-7076.

Race Discrimination In Hiring Case Against Pepsi Settled for $3.13 Million

Sun, 15 Jan 2012 08:00:00 EST

A race discrimination in hiring case against Pepsi has been settled for $3.13 million. The lawsuit claimed that Pepsi screened out job applicants by checking for arrest records or prior convictions of minor offenses, a practice that disproportionately eliminated black job applicants while having no legitimate job-related conviction.

Source: Chicago Tribune

A hiring step that disproportionately eliminates applicants based on race or some other criteria like age or gender, while having no real job connection is known as disparate impact discrimination.

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals and employees in discrimination cases; contact him at 859-254-7076.

Alcohol-Fueled ATV Accident Wrongful Death Suit Settled for $2.7 Million

Sat, 14 Jan 2012 08:00:00 EST

A wrongful death lawsuit arising from an alcohol-fueled ATV accident that killed a 19-year-old college student has been settled for $2.7 million. The family of Jonathan Byram claimed in the lawsuit that the driver was intoxicated at the time of the accident and that he had been served alcohol continuously for several hours prior to the fatal accident.

Source: Scranton Times-Tribune

Lexington, Kentucky accident lawyer represents families in wrongful death lawsuits following the most tragic of accidents; contact him at 859-254-7076.

Sales Reps File Gender Bias Suit Against Quest Diagnostics

Fri, 13 Jan 2012 08:00:00 EST

Female sales representatives for Quest Diagnostics have filed a gender discrimination suit against the company claiming systematic discrimination including the following:

1) fostered an environment hostile to the advancement of female employees and followed compensation

2) followed compensation, evaluation and promotion practices that had a disparate impact on women, pregnant employees and employees with family responsibilities

One plaintiff, Erin Berry of Indiana, a 15 year employee, applied for a sales director position in the mid-west and was passed over for a male with only 3 years experience.

Further details about the suit can be found in the Newark Star-Ledger, Federal Lawsuit Alleges Gender Discrimination at Quest Diagnostics, and in the New York Times, Gender Bias Suit Filed Against Quest Diagnostics.

The lawsuit against Quest Diagnostics, which appears to be a "glass ceiling" type of case, appears similar to one filed in 2011 against Bayer Pharmaceuticals see Gender Discrimination Class Action Suit Against Bayer Pharmaceuticals.

Some earlier postings by Robert Abell also discuss glass ceiling discrimination: Sex Discrimination and the Glass Ceiling and Sex Discrimination - Proof of the Glass Ceiling - Conti v. American Axle.

Pharmacist Claims Omnicare Overcharged Government In Whistleblower Suit

Wed, 11 Jan 2012 08:00:00 EST

A former Omnicare company pharamacist claims in a whistleblower lawsuit that the company overcharged both the federal government and the state of Illinois for drugs provided to nursing homes. The pharmacist, Peter Ordeanu, claims that the company required him and others to enter false billing codes that caused the wrongful overcharging. Omnicare is the largest supplier of medications to nursing homes in the country. The suit is titled United States ex rel Ordeanu v. Omnicare, Inc. and is pending in federal court in Chicago.

Source: Bloomberg News

Whistleblower lawsuits like this one against Omnicare are filed under the federal False Claims Act. The False Claims Act is triggered when government contractors such as Omnicare wrongfully overcharge the federal government. Whistleblowers may recover 15-25% of the wrongfully obtained monies that the contractor receives from the government by the overcharging.

Lexington, Kentucky whistleblower lawyer Robert Abell represents whistleblowers in cases under the False Claims Act and other federal and Kentucky state laws.

Should Insurers Cover Accidents Caused by Texting?

Tue, 10 Jan 2012 08:00:00 EST

Texting while driving is illegal in Kentucky and many other states, Maryland for one. Some suggest that one way to move toward greater compliance is for insurance companies to refuse to pay for accidents caused by illegal texting. This issue is examined at the New York Times blog Bucks in a post by Ann Carrns: What If Insurers Didn't Pay For Crashes Caused by Texting?

City Employee Settles Sexual Harassment Suit for $500,000

Mon, 02 Jan 2012 08:00:00 EST

A sexual harassment suit by a former employee of the city of Cicero, Illinois has settled her sexual harassment lawsuit for $500,000. Sharon Starzky claimed that Town President Larry Dominick sexually harassed her when she worked as a director of the town's animal shelter. She also claims that she was fired in retaliation for filing suit over the sexual harassment, but that claim was not part of the settlement.

Source: Chicago Tribune

Sexual harassment that is severe or pervasive and has the effect of altering the terms and conditions of the workplace violates both federal and Kentucky law. It is also a violation of federal and Kentucky law to retaliate against an employee who makes a good-faith report or complaint of sexual harassment.

Lexington, Kentucky sexual harassment lawyer Robert Abell represents victims of sexual harassment in the workplace; contact him at 859-254-7076.

Female Employees' Suit Against University Athletic Department Settled

Sun, 01 Jan 2012 08:00:00 EST

A lawsuit by two female employees of the Slippery Rock University athletic department claiming that they were retaliated against for speaking out against the athletic director has been settled. The suit by Assistant Athletic Director Pearl Shaffer and volleyball coach Laurie Lokash followed on the heels of an earlier suit brought by 12 female student-athletes under Title IX claiming that female athletes were not afforded the same athletic opportunities as males. Terms of the settlement were not disclosed.

Source: Pittsburgh Post-Gazette

Title IX requires equal opportunities for men and women in education and related programs including athletics, as the NCAA explains: FAQs to Title IX.

Whistleblower Suit Over Misuse of Cardiology Diagnostic Drug Settled for $30 Million

Sat, 31 Dec 2011 08:00:00 EST

A whistleblower lawsuit that a diagnostic drug, myoview, for cardiology tests was misused contrary to FDA guidelines has been settled for $30 million. The suit was filed by a Detroit-area drug rep, James Wagel, who sold a competing product, cardiolite, but learned that myoview was being diluted and misused repeatedly, contrary to directions from the FDA. As a result of the dilution and misuse, providers were able to bill Medicare repeatedly for one container/vial of myoview. Wagel filed his suit under the federal False Claims Act, and he will receive $5.1 million of the settlement.

Source: USA Today

Lexington, Kentucky whistleblower lawyer Robert Abell represents whistleblowers in suits under the federal False Claims Act.

Law Professor's Hiring Discrimination Suit Reinstated

Sat, 31 Dec 2011 08:00:00 EST

A hiring discrimination suit claiming that a prospective law professor was not hired by the University of Iowa School of Law because of her political beliefs has been reinstated by a federal appeals court. Teresa Wagner claims that she was not hired because of her political beliefs and associations in violation of her rights under the First Amendment. The case is Teresa Wagner v. Carolyn Jones, No. 10-2588(8th Cir., December 28, 2011).

Source: Des Moines Register

The First Amendment to the United States Constitution prohibits public or government employers to refuse to hire, to discharge or to otherwise discriminate against an employee based on the employee's political beliefs, associations and/or affiliations.

Whistleblower May Pursue RICO Claims, Court Rules

Wed, 28 Dec 2011 08:00:00 EST

A tax employee for S.C. Johnson & Co. who claims he was retaliated against and ultimately fired for reporting instances of tax fraud by the company may pursue claims under the federal Racketeering and Corrupt Organizations Act (RICO), a federal appeals court in Chicago has ruled. The case is DeGuelle v. Camilli, No. 10-2172 (December 15, 2011).

You can learn more about this whistleblower case at the Kentucky Employment Law Blog by Robert Abell: RICO Claims Arise from Retaliation Against Corporate Whistleblower, Seventh Circuit Rules.

Do Insurance Companies Profit By Delaying Payment of Claims?

Thu, 22 Dec 2011 08:00:00 EST

This question is addressed in an excellent article in the Huffington Post by Max J. Rosenthal: Insurance Claim Delays Deliver Massive Profits To Industry By Shorting Customers,

Lexington, Kentucky insurance claims lawyer Robert Abell represents individuals and policyholders in disputes and claims with insurance companies; contact him at 859-254-7076.

Whistleblower Suit Against Pharmacy Settled for $20 Million

Wed, 21 Dec 2011 08:00:00 EST

A whistleblower suit against the pharmacy and prescription management company, CVS Caremark, has been settled for $20 million. The suit, which was filed by two former pharmacists for the company, claimed that it defrauded the pension and retirement systems of three states, California, Illinois and Florida, by reselling returned drugs, changing prescription orders to make them more expensive, and submitting false reports on how quickly it filled prescriptions. The employees will share in the settlement under a law that encourages whistleblowers to bring wrong-doing and fraud to light.

Source: Los Angeles Times
Lexington, Kentucky whistleblower lawyer Robert Abell represents whistleblowers in state and federal courts; contact him at 859-254-7076.

$880,000 Wrongful Discharge Judgment Upheld by Appeals Court

Tue, 20 Dec 2011 08:00:00 EST

A $880,000 judgment in an employee's favor in a wrongful discharge case was upheld recently by the United States Court of Appeals for the Sixth Circuit in Cincinnati. The case is Morrison v. B. Braun Medical Company, No. 10-1548 (December 8, 2011). Lynn Morrison, a medical sales rep, claimed that she was fired for refusing to violate "anti-kickback" laws in the course of her employment, and a jury agreed.

You can learn amore about this case at the Kentucky Employment Law Blog by Robert Abell: Does A Wrongful Discharge Under Kentucky Law Require Proof That The Employee Was Ordered To Violate the Law?

$18.3 Million Verdict In Age Discrimination Case

Mon, 19 Dec 2011 08:00:00 EST

Six victims of age discrimination will receive $18.3 million in compensation for their injuries, according to a jury's verdict in California against Dr Pepper/Snapple. The events occurred mostly before the company spun off from Cadbury PLC in 2008.

Source: Chicago Tribune

Lexington, Kentucky age discrimination lawyer Robert Abell represents individual employees in age discrimination cases; contact him at 859-254-7076.

Worker Injured In Kentucky Plastics Plant Explosion Dies

Sun, 18 Dec 2011 08:00:00 EST

A worker in a Kentucky plastics plant injured earlier this month in an explosion passed away Saturday, December 17, 2011, at a Louisville hospital. Mark Stone and three other employees were badly injured by an explosion at Polymer Partners plant in Henderson. Two of the other injured employees remain hospitalized. The company had previously been fined by the Kentucky worker safety agency.

Source: Louisville Courier-Journal

16 Workers Die Each Day In the United States On the Job

Comcast Sued for Race Discrimination Against Employees and Customers

Tue, 06 Dec 2011 08:00:00 EST

A group of long-term employees have filed a class action lawsuit against Comcast claiming that it engaged in race discrimination against them and against customers. The employees claim that they were required to work in rat and roach infested offices and subjected to repeated racial slurs; they also claim that they were required to install roach and bug infested equipment in customers' homes on the predominantly black South Side of Chicago.

Source: Chicago Tribune

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals in race discrimination cases; contact him at 859-254-7076.

Excessive Overdraft Fee Against Bank Settled for $13 Million

Mon, 05 Dec 2011 08:00:00 EST

A class action lawsuit against a Wisconsin bank claiming that it charged excessive overdraft fees has been settled for $13 million. The lawsuit was against Associated Banc-Corp of Green Bay, Wisconsin and alleged that it posted debit charges in a way that wrongly increased the likelihood that the accountholder would get an overdraft fee. There a number of similar suits pending against Bank of America, JP Morgan Chase and Wells Fargo. The result of these lawsuits will be that consumers will get back the monies that the banks wrongfully took from them.

Source: Bloomberg News

Farm Workers Settle Unpaid Wages Suit

Sun, 04 Dec 2011 08:00:00 EST

Farm workers in California have settled a class action lawsuit for unpaid wages for $915,000. The workers worked in a vineyard which paid them piece rates for the number of vines they tied and pruned. The lawsuit claimed that the workers were paid under $2 per hour, which violated the minimum wage requirements of the federal Fair Labor Standards Act. The farm workers were represented by California Rural Legal Assistance.

Source: The Fresno Bee

Lexington, Kentucky overtime lawyer Robert Abell represents employees and individuals in unpaid wages and overtime cases; contact him at 859-254-7076.

$5 Million Settlement In Panera Rest Breaks and Overtime Suit

Wed, 23 Nov 2011 08:00:00 EST

A failure to pay overtime compensation and to provide legally-required meal and rest breaks is at the center of class action lawsuits that Panera is apparently settling for $5 million.

Source: St. Louis Business Journal

2 Year Old's Drowning Leads to $9.85 Million Verdict Against Daycare Center

Tue, 22 Nov 2011 08:00:00 EST

The drowning of a 2 year old child at a daycare in Gwinnett County, Georgia has led to a $9.85 million verdict against the daycare center. The wrongful death suit claimed that the daycare center negligently left the child unattended and she fell into a swimming pool and drowned.

Source: Columbus Republic

Lexington, Kentucky negligence lawyer Robert Abell represents individuals and families injured by the negligence of others; contact him at 859-254-7076.

Hospital Settles Sexual Harassment Lawsuit for $530,000

Fri, 18 Nov 2011 08:00:00 EST

A sexual harassment lawsuit arising in an emergency room of a Los Angeles area hospital, Garfield Medical Center in Monterrey Park, has been settled for $530,000. The lawsuit arose from the following: "The hospital allowed a male emergency room admitting representative to harass a class of female employees by subjecting them to inappropriate touching, propositions for sex, graphic discussions of sexual activities, obscene pictures and comments regarding female body parts, including those of underage patients."

Source: Los Angeles Times

Lexington, Kentucky sexual harassment lawyer Robert Abell represents individuals and employees in sexual harassment and hostile work environment cases; contact him at 859-254-7076.

Two Killed In I-75 Crash in Grant County

Sun, 13 Nov 2011 08:00:00 EST

A three-vehicle crash in Grant County on I-75 on Sunday, November 13, 2011, killed two people, Robert Roaden of Williamstown and Jerry Martin of Centerville, Ohio. The accident happened early Sunday morning about 6:30 a.m. just south of the Crittenden exit.

Source: Lexington Herald-Leader

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families in accident cases; contact him at 859-254-7076.

Fort Hood Shootings Lead to $750 Million In Claims Against Government

Sat, 12 Nov 2011 08:00:00 EST

The shooting spree at Fort Hood, Texas on November 5, 2009, by Maj. Nidal Hassan that killed thirteen soldiers and civilians and injured more than a dozen other soldiers and civilians has led to claims against the government totaling some $750 million. The family members and individuals harmed by the shootings claim that the government was willfully negligent in ignoring repeated and obvious signs that Maj. Nissan posed a grave risk of horrendous violence.

Source: New York Times

The claims against the government appear to be brought under the Federal Tort Claims Act. The Federal Tort Claims Act allows individuals and families to bring suit in certain situations for injuries caused by the negligence of government employees and agents.

Nursing Home Settles Double Billing Whistleblower Suit for $2 Million

Fri, 11 Nov 2011 08:00:00 EST

A whistleblower suit against a nursing home for double billing and overcharging Medicare has been settled for $2 million. A former employee and operations manager, William Caldwell, filed the suit charging that Vanguard Healthcare had double billed Medicare for some services and had submitted claims for patients no longer eligible for Medicare coverage. Caldwell filed the suit under the federal False Claims Act and also claimed that he was fired after he warned company officials about the billing practices.

Source: The Tennessean

The federal False Claims Act allows whistleblowers to file suits against companies that receive federal funds or are contractors to the federal government and defraud it in some way such as overbilling or double billing. Whistleblowers may keep from 15-25% of the monies recovered.

Here are some examples of recent whistleblower settlements: Amgen To Settle Illegal Sales & Marketing Whistleblower Suits for $780 Million; Overbilling for Pacemakers & Defibrillators Leads to $9.25 Million Settlement In Whistleblower Case; Whistleblower Suits Settled Against Military Contractors.

Lexington, Kentucky whistleblower lawyer Robert Abell represents whistleblowers in False Claims Act cases; contact him at 859-254-7076.

OSHA Fine Proposed After 2 Worker Deaths

Fri, 11 Nov 2011 08:00:00 EST

What is the OSHA fine proposed after repeat violations led to the death of two oil rig workers? $93,700. The worker, Sandy Daves and Jason Bolt, were killed when a piece of equipment they were using came apart. Among the violations by Robinson Drilling of Texas Ltd. were failing to follow industry practices that could have prevented the accident, failing to provide covers on floor holes to prevent trip hazards, not ensuring that breathing equipment was fully charged and not making sure work surfaces were clean and dry.

Source: Abilene Reporter-News

Every day in the United States 16 workers are killed on the job; watch: 16 Deaths Per Day

Worker safety is important every day. Injuries on the job can raise serious problems for employees and their families. If you have been hurt on the job and need a lawyer's helpf, contact Lexington, Kentucky workers comp lawyer Robert Abell at 859-254-7076.

$100,000 Settlement In Discrimination Suit Against Sears

Thu, 10 Nov 2011 08:00:00 EST

A black female employee has settled her discrimination and retaliation lawsuit against Sears for $100,000. Mary Johnson worked for Sears in loss prevention for about 18 years. She was repeatedly passed over for promotion in favor of less-qualified younger white males. She claimed she was fired in retaliation for complaining about this discrimination.

Source: Kansas City infoZine

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals in discrimination and retaliation cases; contact him at 859-254-7076.

Amgen To Settle Illegal Sales & Marketing Whistleblower Suits for $780 Million

Thu, 03 Nov 2011 08:00:00 EST

Illegal sales and marketing practices were at the heart of whistleblower lawsuits that Amgen has agreed to settle for $780 million. The marketing, pricing and dosing of Amgen's anemia drugs, Aranesp and Epogen, were at the core of the alleged wrongdoing. A former Amgen sales rep, Cassie Wasserman, claimed in her whistleblower lawsuit that Amgen overfilled vials with Aranesp and then marketed the drug by suggesting that doctors could receive extra profit by selling the overfills.

Source: New York Times

Amgen is only the latest big pharmaceutical company to settle a whistleblower suit based on the illegal pricing and/or marketing of the drug: Whistleblower To Receive $10 Million In Drug Marketing Settlement; Whistleblower Suit Regarding Drug Overcharging Settles for $21 Million; Whistleblower Suits Rampant In Pharmaceutical Industry.

Lexington, Kentucky whistleblower lawyer represents individuals in whistlblower cases; contact him at 859-254-7076.

Sex Discrimination As To Pay and Promotions At Issue In Latest Suit Against Walmart

Thu, 03 Nov 2011 08:00:00 EST

Unequal pay and lesser opportunities for promotion are the subject of the latest sex discrimination suit filed against Walmart, this one in U.S. District Court in Texas. The case, which seeks class action status for about 45,000 women, claims that women were paid less than men for comparable work and received lesser opportunities for promotion.

Source: Bloomberg News

Lexington, Kentucky discrimination lawyer Robert Abell represents women and employees in sex discrimination cases; contact him at 859-254-7076.

Learn more about sex discrimination cases, glass ceiling cases and other forms of sex discrimination in employment: Sex Discrimination and the Glass Ceiling, Stereotypes & "Sex Plus" Discrimination, SPECIAL REPORT - Sex and Gender Discrimination In Employment .

Nationwide Age Discrimination Suit Against AT & T Settled

Tue, 01 Nov 2011 08:00:00 EST

Older workers applying for employment with AT & T will benefit from settlement of an age discrimination case. The suit claimed that AT & T had policies blocking it from considering the employment applications of older workers who had previously retired from AT & T or its former subsidiary, SBC Communications.

Source: New York Times

Lexington, Kentucky age discrimination lawyer Robert Abell represents individuals and employees in age discrimination cases; contact him at 859-254-7076.

Learn more about age discrimination cases: Age Discrimination - Wells v Columbia Gas; Amended Complaint ; Age Discrimination - Wells v. Columbia Gas; Jury Verdict Awarding Damages; Age Discrimination - Wells v. Columbia Gas - Brief to Kentucky Court of Appeals; Age Discrimination - Wells v Columbia Gas - Kentucky Court of Appeals Opinion.

Sex Discrimination Suits Against Walmart Continue

Mon, 31 Oct 2011 08:00:00 EST

Sex discrimination suits continue to be filed against Walmart, notwithstanding the Supreme Court's decision in June blocking a nation-wide class action. A recently-filed sex discrimination suit filed in California seeks class action status on behalf of approximately 90,000 women employed by Walmart in California and surrounding states.

Source: New York Times

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals and employees in sex discrimination suits; contact him at 859-254-7076.

Here is more information about sex discrimination cases: Sex Discrimination and the Glass Ceiling; Stereotypes & "Sex Plus" Discrimination; SPECIAL REPORT - Sex and Gender Discrimination In Employment .

Call Center Employees Settle Overtime Case for $4 Million

Wed, 26 Oct 2011 08:00:00 EST

Call center employees have settled their class action lawsuit for overtime compensation against Sutherland Global Services for $4 million.

Source: Rochester Democrat-Chronicle

Lexington, Kentucky overtime lawyer Robert Abell represents individuals and groups of employees seeking the wages and overtime compensation; contact him at 859-254-7076.

Train Derailment Suit Settled for $22.5 Million

Tue, 25 Oct 2011 08:00:00 EST

A train derailment that generated a fireball that killed an Illinois woman and a lawsuit that was settled for $22.5 million. Jose Tellez of Rockford, Illinois brought suit against Canadian National Railway claiming that it was negligent in the operation and maintenance of both the train and the train track. The train pulled 114 cars including 74 filled with ethanol. When the train derailed it generated a fireball that engulfed the Vellez' vehicle.

Source: Chicago Tribune

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families in accident and injury cases; contact him at 859-254-7076.

$90 Million Verdict In Nursing Home Death Case Upheld by Judge

Mon, 24 Oct 2011 08:00:00 EST

Inadequate care at a Charleston, West Virginia nursing home lead to the death of an 87 year old woman, which led to a $90 million jury verdict that was upheld by a judge's ruling last week. Dorothy Douglas was admitted to the nursing home, Heartland of Charleston, suffering from Alzheimer's and other ailments but was able to walk and speak well; after three weeks she was dehydrated and in a wheelchair. She died shortly after being transferred to another facility.

Source: Charleston Gazette

Lexington, Kentucky injury lawyer Robert Abell represents individuals and families injured by the negligence of others; contact him at 859-254-7076.

City Settles Long-Running Race Discrimination Case

Fri, 21 Oct 2011 08:00:00 EST

A long-running race discrimination case brought by a former city attorney and another city employee against the city of Cambridge, Massachusetts has been settled. Former city lawyer Linda Stamper and current city employee Mary Wong brought the suit. It was related to another race discrimination and retaliation suit by another former city employee stemming from actions of city manager Robert Healy, who last year was cited by a judge "deliberate, systematic campaign to punish the plaintiff as a reprisal for her effrontery in lodging a discrimination claim.''

Source: Boston Globe

Race Discrimination - Discrimination Based On Advocacy For or Association With Co-Employee of Different Race Is Unlawful - Barrett v Whirlpool Corporation

Race discrimination, unfortunately, remains very much a reality in our Nation's workplaces and elsewhere. If you have been subjected to race or other discrimination, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Breast Cancer Survivor Sues for Wrongful Termination

Thu, 20 Oct 2011 08:00:00 EST

A breast cancer survivor and former chief financial officer of a major New York law firm, Proskauer Rose, has sued the firm after she was demoted then fired following her return from medical leave. Elly Rosenthal took several weeks of leave for breast cancer treatment and recovery. Her suit claims gender and disability discrimination.

Source: New York Daily News

I have been diagnosed with cancer. What protections to I have to keep from being fired under the Americans With Disabilities Act?

Is cancer a disability under the Americans With Disabilities Act (ADA)?

Is cancer in remission covered by the Americans With Disabilities Act (ADA)?

Are cancer patients covered by the ADA?

The Americans With Disabilities Act and Kentucky state law do provide some protection, in some circumstances, for employees that become cancer patients and survivors. Contact Lexington, Kentucky employment lawyer Robert Abell regarding these very difficult issues at 859-254-7076.

Class Action Sex Discrimination Suit Against Ruth's Chris's Steakhouse

Tue, 18 Oct 2011 08:00:00 EST

A sex discrimination lawsuit against Ruth's Chris's Steakhouse by four employees in the Washington, DC area will go forward as a class action, a federal district judge has ruled. The four women, who had jobs ranging from bartender to national sales manager, claim that the workplace was full of sexual innuendo, physical groping, retaliation and that they and other women were discriminated against in pay and promotions.

Source: Washington Business News

Injuries From Low Power Line Lead to $1.5 Million Verdict

Sun, 16 Oct 2011 08:00:00 EST

Power lines too low to the ground caused severe injuries to an Alabama man and lead to a jury verdict of $1.5 million. Ronald McCarter sued Black Warrior Electric over injuries he sustained when a road paving machine he was operating struck power lines causing 7600 volts of electricity to go through his arm. McCarter has constant swelling and pain in his arm and can no longer contract his hand. National guidelines state that power lines carrying this much electricity should be a minimum height from the ground to avoid this type of accident.

Source: Tuscaloosan News

Lexington, Kentucky injury lawyer Robert Abell represents individuals in accident and injury cases; contact him at 859-254-7076.

Sexual Harassment, Misappropriation of Funds Alleged in Wrongful Termination Suit

Sat, 15 Oct 2011 08:00:00 EST

Sexual harassment and misspending of public funds are among the allegations in a wrongful termination lawsuit. Dr. Laura King brings the suit against her former employer, the St. Tammany Parish Coroner, Dr. Peter Galvan. King claims that Galvan directed that government grant monies be misdirected to purchase computer equipment.

Source: New Orleans Times-Picayune

Lexington, Kentucky employment lawyer Robert Abell represents employees in discrimination and wrongful termination suits; contact him at 859-254-7076.

Auto Insurance Covers Emotional Distress Injury, Court Rules

Mon, 03 Oct 2011 08:00:00 EST

The emotional distress and injuries suffered from witnessing a family member killed in an auto accident are covered by a State Farm auto insurance policy, a Pennsylvania court has ruled. The court ruled that the emotional distress sustained by the surviving two brothers and father of the accident victim constituted a "bodily injury" covered by the policy.

Source: Pittsburgh Post-Gazette

Not all car insurance policies are going to cover purely emotional distress injuries; the policy language will have to be considered in each case, which is why an experienced personal injury and accident lawyer is helpful.

Lexington, Kentucky accident lawyer Robert Abell represents individuals injured in accident cases; contact him at 859-254-7076.

Overbilling for Pacemakers & Defibrillators Leads to $9.25 Million Settlement In Whistleblower Case

Thu, 29 Sep 2011 08:00:00 EST

Overbilling the federal government for heart pacemakers and defibrillators has led to a $9.25 million settlement in a whistleblower case against Boston Scientific Corporation. The whistleblower, Robert A. Fry, a former sales rep for the company reported that the company reneged on warranties to the Department of Veterans Affairs and overcharged hospitals for pacemakers, who then in turn overcharged Medicare. Mr. Fry will receive approximately $2.3 million of the settlement.

Source: Bloomberg News

The federal False Claims Act allows whistleblowers to file suit against companies or contractors that have overcharged and/or defrauded the federal government. The whistleblower is entitled to a percentage of the money recovered from the wrongdoing company, usually 15 – 25%.

Lexington, Kentucky whistleblower lawyer Robert Abell represents whistleblowers in overbilling and fraud cases under the False Claims Act; contact him at 859-254-7076.

University Registrar Wins $1.1 Million Verdict in ADA Case

Wed, 28 Sep 2011 08:00:00 EST

A University registrar has won a jury verdict of $1.1 million for damages and back pay in her lawsuit claiming she was fired in violation of the Americans with Disabilities Act (ADA). Lynne Seabrooke, a registrar for Upper Iowa University, suffered from depression, post-traumatic stress disorder and related problems. She sought accommodation for these conditions but her employer responded by increasing her workload.

Source: Chicago Tribune

Not every condition qualifies as a "disability" covered by the Americans with Disabilities Act (ADA) or by its Kentucky counterpart. You can learn more about what is a "disability" covered by the ADA here.

If an employee suffers from a "disability" covered by the ADA, the employer has a duty to provide a "reasonable accomodation" for the disability.

You can learn more about what a "reasonable accomodation" may be: What is an employer required to consider for a reasonable accomodation under the ADA?

Lexington, Kentucky disability discrimination lawyer Robert Abell represents employees in cases under the Americans with disabilities act (ADA); contact him at 859-254-7076.

Unpaid Wages Suit Against Tyson Settled for $32 Million

Wed, 21 Sep 2011 08:00:00 EST

Poultry plant workers at 41 Tyson plants in 12 states will receive some $32 million in a settlement of a twelve year old unpaid wages and overtime suit. Approximately 17,000 employees will receive payments as part of the settlement. The lawsuit claimed that Tyson violated the federal Fair Labor Standards Act by failing to pay employees for the time they spent each shift putting on and taking off (also known as donning and doffing) protective gear and clothing.

Source: New York Times

Lexington, Kentucky overtime lawyer Robert Abell represents employees seeking the unpaid wages and overtime they have earned; contact him at 859-254-7076.

Low Porch Railings Cited In Wrongful Death Suit Settlement

Mon, 19 Sep 2011 08:00:00 EST

Porch railings that were too low and violated the building code were cited as the cause of a Chicago man's fall and death. Sean Heflin fell and later died from injuries from a second story porch whose railings were 10 inches lower than required by the building code. The wrongful death suit was settled for $975,000.

Source: Chicago Tribune

Lexington, Kentucky accident lawyer Robert Abell represents individuals injured by defective buildings or building code violations; contact him at 859-254-7076.

Bank of America Whistleblower Reinstated, $930,000 Damages Paid

Sun, 18 Sep 2011 08:00:00 EST

A Bank of America employee who reported widespread fraud at the bank's subsidiary, Countrywide Mortgage, has been ordered reinstated by the Department of Labor and ordered to pay $930,000, a figure that includes back pay, compensatory damages and attorneys' fees. The firing is said to have violated the Sarbanes-Oxley Act; Bank of America denies the allegations.

Source: Charlotte Business Journal

Not all reports of wrongdoing are protected whistleblowing reports; whether a report is a protected whistleblowing report depends often on what is reported, to whom it is reported and even how it is reported.

Lexington, Kentucky whistleblower lawyer represents whistleblowers suffering retaliation for their protected whistleblowing reports; contact him at 859-254-7076.

Female Banking Executive Files Pregnancy Discrimination Suit

Fri, 16 Sep 2011 08:00:00 EST

A female executive has filed suit against Deutsche Bank claiming that she was discriminated against after she got pregnant and had a child. Kelly Voelker, a VP for the bank, claims that she was "mommy-tracked" after she took maternity leave by having her big accounts reassigned to a male colleague, her bonus slashed and she was reassigned to a make-work, vague "marketing" job. The suit was filed in U.S. District Court in New York, Voelker v. Deutsche Bank AG.

Source: Reuters

Lexington, Kentucky discrimination lawyer Robert Abell represents employees in discrimination and retaliation lawsuits; contact him at 859-254-7076.

Firefighter Fired for Truthtul Testimony Wins Retaliation Verdict

Thu, 15 Sep 2011 08:00:00 EST

Firefighters Sue for Overtime Pay

Wed, 14 Sep 2011 08:00:00 EST

Firefighters at a oil refinery in Texas have filed suit seeking the overtime pay due them. J.D. Martinez and J.R. Lopez, the firefighters, claim that they are owed overtime because they regularly worked more than 40 hours per week without overtime pay and were not paid at all for "on call" time.

Source: Corpus Christi News

Lexington, Kentucky overtime lawyer Robert Abell represents employees seeking the wages and overtime compensation owed them; contact him at 859-254-7076.

Sales Reps Sue Groupon for Unpaid Overtime & Wages

Mon, 12 Sep 2011 08:00:00 EST

Sales reps have filed a class action lawsuit against Groupon, the on-line coupon company, for unpaid overtime and wages. Groupon employs about 1000 sales reps in the United States. The sales reps are represented by Douglas Werman of the Werman Law Office in Chicago.

Source: Crain's Chicago Business

Lexington, Kentucky overtime lawyer Robert Abell represents employees seeking recovery of the overtime pay and wages owed them; contact him at 859-254-7076.

Overtime Suit Claims Misclassification as Independent Contractors

Sat, 10 Sep 2011 08:00:00 EST

Misclassifying an employee as an independent contractor and then denying them the wages and overtime compensation owed them is a common violation of both the federal Fair Labor Standards Act and Kentucky law. Umpires at the U.S. Open have filed suit against the United States Tennis Association claiming that they were misclassified as independent contractors and not paid the overtime due them.

Source: Chicago Tribune

Misclassifying an employee as an independent contractor and failing to pay them the wages and/or overtime compensation owed them is a common violation of both federal and Kentucky law; contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Servers Settle Tip-Sharing Suit Against Outback for $1.25 Million

Fri, 09 Sep 2011 08:00:00 EST

Servers have settled their tip-sharing suit against Outback Steakhouse for $1.25 million. The servers claimed in the suit that Outback unlawfully required them to share and pool their tips with bussers and hostesses. The settlement applies to approximately 1200 servers that worked for Outback in Minnesota.

Source: Restaurant News

Lexington, Kentucky wages and overtime lawyer Robert Abell represents employees in suits to recover unpaid wages and overtime; contact him at 859-254-7076.

Bracken County Wreck Kills One, Injures Two Children

Tue, 06 Sep 2011 08:00:00 EST

A car wreck in Bracken County early Tuesday, September 6, 2011, killed one woman and injured two children. Jamie Shields of August was killed in the wreck on Ky. Hwy. 8 near its intersection with Wrangling Run Road.

Source: Lexington Herald-Leader

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families in car crash cases; contact him at 859-254-7076.

Leslie County Crash Claims Life of Hyden Man

Mon, 05 Sep 2011 08:00:00 EST

A car crash in Leslie County on Ky. Hwy. 421 claimed the life of a Hyden man, Daniel Adams, late Sunday, September 4, 2011. Mr. Adams was apparently not wearing his seat belt.

Source: Lexington Herald-Leader

Lexington, Kentucky car wreck lawyer Robert Abell represents individuals and families in Kentucky car accident cases; contact him at 859-254-7076.

Kentucky Counties & Cities Are Not Immune from Overtime Law

Thu, 25 Aug 2011 08:00:00 EST

Counties and cities in Kentucky are not immune from overtime pay requirements the Kentucky Supreme Court ruled today in Madison County Fiscal Court v. Kentucky Labor Cabinet, No 2010-SC-000322-DG (August 25, 2011). As a result, the Court further ruled that the Labor Cabinet may enforce overtime pay requirements on behalf of firefighters against cities and counties. The ruling will also allow individual employees to recover overtime owed them by cities and counties in private lawsuits brought in circuit court.

Lexington, Kentucky overtime lawyer Robert Abell represents employees in suits for the wages and overtime they have earned; contact him at 859-254-7076.

Shift Supervisors File Class Action Suit for Unpaid Overtime

Wed, 24 Aug 2011 08:00:00 EST

Shift supervisors for TJX Companies, the corporate parent of T.J. Maxx, Marshall's and other retail stores, have filed a class action lawsuit in Nevada claiming that they were misclassified as exempt from overtime in violation of the federal Fair Labor Standards Act and Nevada state law. Other similar suits are pending against TJX in California, Texas and New York.

Source: Las Vegas Times

A job title and paid on a salary status does not mean that an employee is exempt from overtime pay requirements. The misclassification of employees as exempt from overtime is a common violation of both the federal Fair Labor Standards Act and Kentucky state law. Misclassification of this sort has been the basis for a number of other suits as previously reported: AT&T Managers' Class Action for Unpaid Overtime Moves Forward, Cable Installer Claims Was Misclassified as Independent Contractor Sues for Overtime, Misclassified Tech Workers Settle Overtime Suit for $1.45 Million.

Lexington, Kentucky overtime lawyer represents employees in suits for overtime compensation; contact him at 859-254-7076.

3M Settles Age Discrimination Suit for $3 Million

Tue, 23 Aug 2011 08:00:00 EST

An age discrimination suit brought by several hundred former employees against the technology giant, 3M, has been settled for $3 million. The settlement will be paid out to approximately 290 former employees over the age of 45, who were laid off between July 1, 2003 and December 31, 2006. Evidence developed in the case included an e-mail from an employee describing then-CEO Jim McNerney's "vision for leadership development" as "we should be developing 30 year olds with General Manager potential."

Source: New York Times

Lexington, Kentucky discrimination lawyer Robert Abell represents employees in age discrimination suits in state and federal court; contact him at 859-254-7076.

Absent Traffic Signal Cause of Fatal Accident, Suit Claims

Sun, 21 Aug 2011 08:00:00 EST

The failure to install a traffic light at a busy intersection was the cause of a fatal car wreck, a suit claims. The family of Cynthia Furr, a Winthrop University professor, claims in the suit that the city of Charlotte, North Carolina and a developer, Crescent Resources, were negligent in failing to install a traffic signal at a subdivision's interesection with a main highway.

Source: Charlotte Observer

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families in negligence and accident cases; contact him at 859-254-7076.

AT&T Managers' Class Action for Unpaid Overtime Moves Forward

Fri, 19 Aug 2011 08:00:00 EST

First Level managers of AT & T had their class action for unpaid overtime compensation move forward as a federal district court in Georgia officially certified the case as a class action. The managers claim that they were misclassified as exempt from overtime in violation of the Fair Labor Standards Act. The ruling applies to First Levels that worked for AT & T in Alabama, Florida, Georgia, Mississippi, Tennessee, North Carolina, Louisiana, South Carolina and Kentucky.

Source: Birmingham Business News

Misclassification of employees as exempt from overtime is a common violation of the federal Fair Labor Standards Act and Kentucky's wages and overtime law; such violations have produced numerous prior suits: Cable Installer Claims Was Misclassified as Independent Contractor Sues for Overtime, Misclassified Tech Workers Settle Overtime Suit for $1.45 Million, Store Managers at Harbor Freight Sue for Unpaid Overtime are only a few examples.

Lexington, Kentucky overtime lawyer Robert Abell represents employees misclassified as exempt from overtime to recover the wages and overtime they have earned; contact him at 859-254-7076.

$300,000 Discrimination Verdict Against Chrysler

Thu, 11 Aug 2011 08:00:00 EST

A discrimination lawsuit against Chrysler has resulted in a $300,000 verdict in favor of the employee. Otto May, Jr., a Cuban-born Jew, proved to a jury that he was subjected to ethnic and racial harassment in the workplace including including having his tires shredded by homemade spikes, being called an "import from Cuba" and having messages such as "Kill Jew. Heil Hitler" scribbled on his locker.

Source: Rockford Register-Star

Lexington, Kentucky discrimination lawyer Robert Abell represents employees and individuals in discrimination and workplace harassment cases; contact him at 859-254-7076.

Cable Installer Claims Was Misclassified as Independent Contractor Sues for Overtime

Thu, 11 Aug 2011 08:00:00 EST

Claiming that he was misclassified as an independent contractor a cable installer has sued for unpaid overtime compensation. Tom B. Kirk sued Integral Development Solutions, which had contracted with Time Warner Cable in Dallas, Texas and surrounding cities to provide cable TV installation work. Kirk claims that Integral intentionally misclassified him as an independent contractor to avoid paying him overtime required by the federal Fair Labor Standards Act.

Source: Southeast Texas Record

Misclassification of employees as independent contractors or as exempt from overtime compensation requirements is a frequent violation of the federal Fair Labor Standards Act and Kentucky wage and hour law.

Lexington, Kentucky overtime lawyer Robert Abell represents employees in cases seeking unpaid wages and overtime compensation; contact him at 859-254-7076.

Tort Reformers Fear of Juries Is Irrational

Wed, 10 Aug 2011 08:00:00 EST

Why do tort reformers and their corporate backers have an irrational fear of juries ask Tom Melsheimer, a lawyer with the Fish & Richardson firm in Dallas, and Hon. Craig Smith, a civil district court judge also in Dallas, in their essay, "Businesses' Fear of U.S. Jury System Irrational" published in the Houston Chronicle.

Are You Required To Be At Your Work Station Before Your Official Start Time?

Tue, 09 Aug 2011 08:00:00 EST

Are you required to be at your work station well before the official start of your work shift? Employees for Electrolux were and they have filed a class action lawsuit seeking unpaid overtime compensation against the company. The suit claims that employees were required to be at their work station 15 minutes before the start of their shift but were not paid for that time. The case was filed in Sioux City, Iowa.

Source: Fort Dodge Messenger

If you are required to be at your work station well before the official start of your shift and are not paid for this time, you may be entitled to recover unpaid wages or overtime under the federal Fair Labor Standards Act and Kentucky law.

Lexington, Kentucky overtime lawyer Robert Abell represents employees seeking payment of wages and overtime they have earned; contact him at 859-254-7076.

Merrill Lynch Sales Associates File Class Action Suit for Overtime

Mon, 08 Aug 2011 08:00:00 EST

Sales assistants at Merrill Lynch have filed a class action lawsuit seeking unpaid overtime compensation. Sales assistants at Merrill are paid a base salary of $25,000 to $40,000, which is supplemented by bonuses from the financial advisors for whom they work more directly. The suit claims that Merrill Lynch followed a policy of refusing to allow sales associates to record all of their hours worked, even though that routinely exceeded 40 hours per week.

Source: RegisteredRep.com

Both the federal Fair Labor Standards Act and Kentucky law require that non-exempt employees be paid at an overtime rate for all hours more than 40 that they work in a work week.

Lexington, Kentucky overtime lawyer Robert Abell represents employees seeking payment of wages and overtime compensation; contact him at 859-254-7076.

Police Officer Prevails In Disability Suit

Tue, 02 Aug 2011 08:00:00 EST

A jury's verdict awarding a police officer $225,000 in damages in an American With Disabilities Act (ADA) suit has been upheld on appeal. The police officer, Det. William Blake, a 24 year veteran, claimed that Baltimore County violated his rights when it required him to take neurological and fitness-for-duty tests ten years after a potential seizure. Blake also claimed that the tests were ordered in retaliation for his having testified in favor of another police officer in an administrative hearing.

Source: Baltimore Sun

Lexington, Kentucky disability lawyer Robert Abell represents employees in cases involving violations of the Americans With Disabilities Act (ADA) and Kentucky law.

Paramedics & EMTs Sue City for Overtime Pay

Mon, 01 Aug 2011 08:00:00 EST

Paramedics and EMTs in Kansas City have filed a class action lawsuit claiming the city has failed to pay the 140 paramedics and the 1000+ EMTs the wages and overtime owed them. The suit was filed in U.S. District Court in Kansas City and claims that the city violated the federal Fair Labor Standards Act.

Source: Kansas City Star

Lexington, Kentucky overtime lawyer Robert Abell represents employees seeking unpaid wages and overtime compensation; contact him at 859-254-7076.

Failure to Include Bonus In Calculating Overtime Pay Leads to $830,000 Settlement

Wed, 27 Jul 2011 08:00:00 EST

Bonuses paid employees must be considered when calculating their overtime pay rate. The failure to do so by the energy company Kinder Morgan led to a class action lawsuit under the Fair Labor Standards Act that has been settled for $830,000.

Source: Newswire.com

Overtime pay must be at 1 1/2 times the employee's regular rate of pay. Non-discretionary bonuses paid the employee must be considered in calculating the employee's regular rate of pay and their overtime pay rate under both the federal Fair Labor Standards Act and Kentucky law.

Lexington, Kentucky overtime lawyer Robert Abell represents employees in cases seeking wages and overtime; contact him at 859-254-7076.

Age Discrimination Suit Against Phone Company Settled for $1 Million

Tue, 26 Jul 2011 08:00:00 EST

Age discrimination in the hiring of sales account representatives has led to a $1 million settlement in an age discrimination lawsuit against Cavalier Telephone Company. The suit claimed that beginning in 2003 the company began a policy of not hiring applicants 40 and over for sales account positions. In addition, the company demoted two persons who complained of the illegal age discrimination.

Source: Democrat & Chronicle

Lexington, Kentucky age discrimination lawyer Robert Abell represents individuals in age discrimination suits; contact him at 859-254-7076.

Drug Sales Reps File Class Action Suit for Unpaid Overtime

Tue, 26 Jul 2011 08:00:00 EST

Sales reps for the giant drug company, Novo Nordisk, have filed a class action lawsuit for unpaid overtime compensation. The suit claims that the "outside sales" exemption to the overtime pay requirements does not apply to them, because doctors do not buy drugs directly from the reps, the reps simply promote the company's drugs without actually completing any sales. The suit is titled Brown v. Novo Nordisk, Case No. 34-2011-00103639 in Sacramento Superior Court.

Source: Digital Journal

Misclassification of employees as exempt from overtime is a very common violation of the federal overtime law, the Fair Labor Standards Act, and of Kentucky law.

Lexington, Kentucky overtime lawyer Robert Abell represents employees on claims for unpaid wages and overtime compensation; contact him at 859-254-7076.

City Settles Sexual Harassment Suit for $1 Million

Sun, 24 Jul 2011 08:00:00 EST

For $1 million the City of Mercer Island, Washington has settled its sexual harassment and retaliation suit brought by its former city manager, Londi Lindell. Lindell's suit was rife with allegations of city councilmen lewd comments, the city manager's sexual pursuit of a subordinate, sexual jokes and comments. Lindell will received, in addition to $1 million, amendment of her employment records to reflect a resignation, the city will pay for the services of a placement firm and has provided her with a letter of reference.

Source: Seattle Times

Lexington, Kentucky sexual harassment lawyer Robert Abell represents individuals in sexual harassment lawsuits; contact him at 859-254-7076.

Advertising Salespeople Sue for Overtime

Mon, 11 Jul 2011 08:00:00 EST

Advertising salespeople for SuperMedia, the Yellow Pages company, have sued the company for overtime compensation. The employees claim that the company did not consider their earned sales commissions in calculating their regular hourly rate and then their overtime rate. They claim that the failure to consider their sales commissions when calculating their regular pay rate and then their overtime rate violates the Fair Labor Standards Act.

Source: Ft. Worth News-Telegram

Lexington, Kentucky overtime lawyer Robert Abell represents individuals seeking overtime pay owed them; contact him at 859-254-7076.

Faiure to Accommodate Disability Suit Settled for $150,000

Wed, 06 Jul 2011 08:00:00 EST

A hospital's failure to reasonably accommodate an employee's disability gave rise to a disability discrimination lawsuit under the Americans with Disabilities Act that was recently settled for $150,000. The employee,Jayne Feshold, work as a medical data technician and suffered from claustrophobia-like symptoms, a condition which if fully medically-supported and documented can constitute a "disability" covered by the Americans with Disabilities Act. She presented proof of her disability to two different department supervisors at the University Medical Center in Las Vegas and requested of both and accommodation for the condition but was refused.

Source: Las Vegas Review-Journal

Lexington, Kentucky disability discrimination lawyer Robert Abell represents individuals and employees in disability discrimination cases; contact him at 859-254-7076. An employer has a duty to reasonably accommodate an employee's disability covered by the Americans with Disabilities Act.

City Settles Discrimination Suit for $2.8 Million

Fri, 01 Jul 2011 08:00:00 EST

Two former budget analysts for Kansas City have settled their discrimination suit against the city for $2.8 million. The employees, Colleen Lowe and Jordan Griffin, were long-term city employees with excellent employment records. They claimed that race and age discrimination as well as retaliation was behind their layoff from the city. A jury in January awarded them $2.6 million in compensatory and punitive damages; the settlement included their cost and attorneys fees.

Source: Kansas City Star

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals employment termination cases; contact him at 859-254-7076.

Carwash Worker Awarded $80,000 In Unpaid Wages

Tue, 28 Jun 2011 08:00:00 EST

A carwash worker in Los Angeles was awarded $80,000 for unpaid wages by a state court judge. The carwash worker, Tomas Rodriguez, presented evidence that he was compelled to report to work and work for hours before he was permitted to clock in. The car wash tried to intimidate Rodriguez with reporting him to immigration officials, a tactic that caused eight others to drop out of the lawsuit.

Source: Los Angeles Times

Lexington, Kentucky wages and overtime lawyer Robert Abell represents employees in lawsuits for unpaid wages and overtime compensation; contact him at 859-254-7076.

Lexington Motorcyclist Killed In U.S. 60 Accident

Sun, 26 Jun 2011 08:00:00 EST

A motorcyclist from Lexington, Robert DeStefano, was killed Friday evening, June 21, 2011, in a motorcyle accident on U.S. 60 in Clark County. Mr. DeStefano was heading west on U.S. 60 when a truck turned in front of him near the Skyvue Drive-In in Clark County.

Source: Lexington Herald-Leader

Lexington, Kentucky accident injury lawyer Robert Abell represents individuals and families injured in motorcycle and car accidents; contact him at 859-254-7076.

Coal Miner Whistleblower's Pay Restored

Thu, 23 Jun 2011 08:00:00 EST

A coal mine safety whistleblower, Charles Scott Howard of Letcher County, a tenacious advocate for coal mine safety, has had his pay restored while he pursues his wrongful termination claim that he was fired for reporting coal mine safety violations. In 2007, Howard showed federal mine safety officials videotape of a leaking seal at a Cumberland River Coal mine.

Source: Lexington Herald-Leader

Lexington, Kentucky whistleblower lawyer Robert Abell represents employees in whistleblower and work safety cases; contact him at 859-254-7076.

Hiring Discrimination Case Against Best Buy Settled

Mon, 20 Jun 2011 08:00:00 EST

A discrimination lawsuit against Best Buy charging discrimination in its hiring process against women, blacks and Latinos has been settled. The company will pay the nine plaintiffs a total of $290,000 and will also implement a number of procedures intended to eliminate discriminatory practices from its hiring process including use of an electronic registry list available positions.

Source: Wall Street Journal

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals in employment discrimination cases; contact him at 859-254-7076.

$188 Million Overtime Verdict Against Wal-Mart Upheld

Fri, 17 Jun 2011 08:00:00 EST

A $188 million verdict for unpaid overtime against Wal-Mart has been upheld by Pennsylvania appeals court. The suit claims that Walmart violated wage and hour laws in Pennsylvania by refusing to allow them to take their mandatory, paid rest breaks and by forcing them to work off the clock.

Source: Chicago Tribune

Lexington, Kentucky overtime lawyer Robert Abell represents employees in cases seeking unpaid wages and overtime; contact him at 859-254-7076.

Law Firm's Technical Support Employees Sue for Unpaid Overtime

Thu, 16 Jun 2011 08:00:00 EST

.A technical support employee at the Schulte Roth & Zabel law firm has filed a class action lawsuit seeking unpaid overtime. The employee, Keith McKenzie, claims that the law firm violated the federal Fair Labor Standards Act by failing to pay him and other technical support employees at an overtime rate when they worked more than 40 hours in a workweek and instead substituted comp time off. The case is pending in United States District Court in Manhattan.

Source: American Lawyer

Lexington, Kentucky overtime lawyer Robert Abell represents employees in cases seeking unpaid wages and overtime; contact him at 859-254-7076.

$30 Million Verdict Follows Boating Accident

Mon, 13 Jun 2011 08:00:00 EST

Design defects in MasterCraft X45 boat largely caused a boating accident a California jury found in awarding one badly-injured boat passenger $30 million in damages. The jury found that a design defect in the boat's bow, which caused it to submerge and take on water even during a low-speed turn, was 80% responsible for the accident. Two women were thrown from the boat during the turn and one suffered severe cranial injuries and lost an eye.

Source: Sacramento Bee

Lexington, Kentucky boating accident lawyer Robert Abell represents individuals and families injured in boating accidents; contact him at 859-254-7076.

$95 Million Sexual Harassment Verdict

Sun, 12 Jun 2011 08:00:00 EST

A federal district court jury in southern Illinois has awarded a sexual harassment victim a verdict of $95 million, $15 million in compensatory damages and $80 million in punitive damages. The company is Aaron's Inc., the rent-to-own company. The employee, Ashley Alford, proved to the jury that she was sexually assaulted by her boss following a year in which he groped her, made lewd comments and proposition and in which the company did not respond to her complaints and reports of his mistreatment. The verdict may very well be the largest in the country in a single plaintiff case.

Source: St. Louis Post-Dispatch

Lexington, Kentucky sexual harassment lawyer Robert Abell represents employees in sexual harassment and discrimination cases; contact him at 859-254-7076.

Accounting Firm Sued for Sex Discrimination In Pay & Promotions

Mon, 06 Jun 2011 08:00:00 EST

Accounting Firm KPMG is charged in a class action lawsuit with sex discrimination in pay, promotions and pregnancy leave. Among the suit's claims are that women with children are treated as second-class employees and that more than 50% of the firm's employees are women but only about 18% are in management positions.

Source: Reuters

The suit is similar to other, recent class action lawsuits see Gender Discrimination Class Action Suit Against Bayer Pharmaceuticals, Cigna Health Insurance Sued for Sex Discrimination by Female Managers, Toshiba Sued for Sex Discrimination, and Sex Discrimination Suit by Female Sales Reps Against Novartis Settled for $152 Million.

Articles and special reports by Robert Abell on sex discrimination in employment including "glass ceiling" discrimination and stereotypying discrimination include the following: Sex Discrimination and the Glass Ceiling, Stereotypes & "Sex Plus" Discrimination, and SPECIAL REPORT - Sex and Gender Discrimination In Employment.

Lexington, Kentucky discrimination lawyer Robert Abell represents employees in sex discrimination and sexual harassment cases; contact him at 859-254-7076.

Bicyclist's Family Settles Suit for $1.5 Million

Sun, 05 Jun 2011 08:00:00 EST

The family of a Seattle bicyclist, Kevin Black, has settled for $1.5 million the lawsuit arising from his death in 2009 when he was struck on his bicycle by a van. The van made an illegal U-turn, struck Mr. Black on his bicycle and then ran over him.

Source: Seattle Times

Lexington, Kentucky bicycle accident lawyer Robert Abell represents individuals injured in bicycle and motor vehicle accidents; you can reach him at 859-254-7076.

Race & Sex Discrimination Claims Settled for $55,000

Sat, 04 Jun 2011 08:00:00 EST

A lawsuit including claims of sex and race discrimination by a former employee at a CVS drugstore has been settled for $55,000. The employee, Marcia Guaman, claimed race and sex discrimination based on the following occurrences: (1) she was given harder jobs and less assistance than her white or male colleagues; (2) she was unfairly disciplined for higher performance scores that her colleagues; and, (3) she was denied same opportunity to take vacation as her white or male colleagues.

Source: San Francisco Chronicle

Lexington, Kentucky discrimination lawyer Robert Abell represents employees in race and sex discrimination cases; you can reach him at 859-254-7076.

$290,000 Settlement In Sexual Harassment Suit

Fri, 03 Jun 2011 08:00:00 EST

A sexual harassment suit involving unwanted touching, grabbing and groping as well as lewd sexual comments, some of which was directed at employees as young as 16 or 17 years old against a Dunkin' Donuts has been settled for $290,000. The suit claimed that the harassment continued for over a year after the victims first complaint. In addition to paying the $290,000 among the 15 victims, the company will be required to have an equal employment opportunity coordinator and have its managers undergo sexual harassment training.

Source: Albany Times-Union

Lexington, Kentucky discrimination lawyer Robert Abell represents employees in sexual harassment and discrimination cases; you can contact him at 859-254-7076.

Georgetown Man Killed In Wreck on US 25

Tue, 31 May 2011 08:00:00 EST

A Georgetown man, Gayle Barnes, died Tuesday from injuries sustained in a car wreck on Sunday, May 29, 2011, on U.S. 25 in Fayette County. Another vehicle was involved in the accident.

Source: Lexington Herald-Leader

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured in auto accidents and wrecks; contact him at 859-254-7076.

Accident on US 460 Claims Life of Magoffin County Woman

Fri, 27 May 2011 08:00:00 EST

A Magoffin County woman, Anita Back of Seitz, was killed Thursday night, May 26, 2011, in a crash on US 460 in Magoffin County. The accident happened about 10 p.m.

Source: kentucky.com

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured in accident cases; reach him at 859-254-7076.

Motorcyclist Killed, Another Injured in Bath County Wreck

Mon, 23 May 2011 08:00:00 EST

A motorcycle accident on Ky. 11 in Bath County on Sunday, May 22, 2011, killed a motorcyclist, Harmon Sizemore, and injured his passenger. According to a report, a truck turned out in front of the motorcycle.

Source: Lexington Herald-Leader

Lexington, Kentucky motorcycle accident lawyer Robert Abell represents individuals and families injured in motorcycle accidents; contact him at 859-254-7076.

News Anchor Files Discrimination Suit

Thu, 19 May 2011 08:00:00 EST

A news anchor, who has held the position for over 20 years, been promoted as the "Anchor Mom" and held the top ratings position in her market, has filed a discrimination suit following the nonrenewal of her contract. Sue Manteris, the star and highest-rated news anchor of KSLV-TV in Las Vegas, filed suit following the nonrenewal of her contract alleging claims of age, race and sex discrimination. The suit claims that the news station has followed a pattern of discrimination following the arrival of a new station manager.

Source: Las Vegas Review-Journal

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals in age, race and sex discrimination cases; contact him at 859-254-7076.

University Settles Suit With Former Football Coach

Wed, 18 May 2011 08:00:00 EST

Kansas State University has settled its ongoing lawsuit with former football coach Ron Prince. Prince was let go late in the 2008 season after going 17-20 in three seasons. The suit regarded a "secret" $3.2 million deferred severance Prince negotiated with former K-State athletic director Bob Krause. The settlement accelerates payment of the severance to an extent that its value is arguably greater for Prince than the original deal. Prince also received $1.2 million as part of his original contract.

Source: Kansas City Star

Area Sales Manager Settles Age Discrimination Suit Against Dillard's

Wed, 18 May 2011 08:00:00 EST

A 61 year old area sales manager for Dillard's has settled an age discrimination suit for $50,000. Virginia Keene had worked as an area sales manager for more than 4 years; she received good performance evaluations and ranked second out of six peers when she was fired and replaced by a 24 year old with less than 4 months experience.

Source: Raleigh News-Observer

Lexington, Kentucky age discrimination lawyer Robert Abell represents individuals in age discrimination cases; you can reach him at 859-254-7076.

Pipeline Explosion Produces Another Wrongful Death Lawsuit

Wed, 18 May 2011 08:00:00 EST

A horrifying pipeline explosion that killed eight people and destroyed 38 homes has generated another wrongful death lawsuit. The family of James Franco filed its wrongful death lawsuit against Pacific Gas & Electric claiming that the explosion was caused by poor pipeline construction and maintenance.

Source: San Francisco Chronicle

Lexington, Kentucky negligence and accident lawyer Robert Abell represents individuals and families in injury and wrongful death lawsuits; contact him at 859-254-7076.

University Hospital Doctor Files Discrimination and Defamation Suit

Sun, 15 May 2011 08:00:00 EST

A radiologist, Dr. Malik Juweid, a native of Jordan and naturalized U.S. citizen, at University of Iowa hospital has filed suit stating discrimination and defamation claims. Dr. Juweid claims that university hospital officials labeled him an "academic terrorist" and made it impossible for him to find a job elsewhere after he began raising concerns about the use of certain brain scans on children.

Source: Des Moines Register

Lexington, Kentucky discrimination lawyer Robert Abell represents individuals in discrimination and retaliation suits; contact Robert Abell at 859-254-7076.

Electrocution of Teen Results in $4.4 Million Damages Verdict

Fri, 13 May 2011 08:00:00 EST

A South Carolina teen, Xavier Massey, who suffered severe injuries and burns from a utility line electrocution, was awarded $4.4 million in damages by a jury. The electrocution happen following a car accident in which a power line was downed. The injuries and medical treatment because of the electrocution included toe amputations, five surgeries, medical bills totaling about $600,000 and life-care cost of $3 million dollars.

Source: South Carolina Lawyers Weekly

Lexington, Kentucky personal injury lawyer Robert Abell represents individuals and families in personal injury and accident cases; you can reach him at 859-254-7076.

Wayne County Wreck Kills Three

Mon, 09 May 2011 08:00:00 EST

A wreck in Wayne County on Saturday, May 7, 2011, killed three people, Ryan C. Bell, Joshua W. Thompson and Kayla M. Thompson, all of Monticello. The crash happened on Ky. 90.

Source: Lexington Herald-Leader

Lexington, Kentucky accident lawyer Robert Abell represents individuals injured in auto accidents and car wrecks; reach him at 859-254-7076.

Fed Ex to Settle Whistleblower Suit Over Late Deliveries for $8 Million

Sat, 07 May 2011 08:00:00 EST

A whistleblower suit against Federal Express, which claimed that the company wrongly blamed security measures for missed shipping deadlines and got out of paying penalties as a result, has been settled and the company will pay United States government $8 million. The suit was brought under the federal False Claims Act by a former Federal Express employee, who will receive $1.44 million of the settlement.

Source: Washington Post

Whistleblowers that bring suit under the federal False Claims Act may retain 15 – 25% of the monies recovered from the company or contractor that defrauded the United States government.

If you are aware of fraud on the federal government by government contractor, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Overtime Suit For Time Worked Off-the-Clock Reinstated

Fri, 06 May 2011 08:00:00 EST

Retail specialists for Black & Decker, which were responsible for the stocking and display of Black & Decker products at Home Depot stores, had their suit under the federal Fair Labor Standards Act for overtime compensation reinstated by the United States Court of Appeals for the Second Circuit, Kuebel v. Black & Decker, No 10-2273-CV (May 4, 2011). The suit claims that the employees are due overtime compensation for hours that they worked and were made to work "off the clock."

Source: Chicago Tribune

If you've not been paid the wages or overtime that you have earned, contact Lexington, Kentucky wages and overtime lawyer Robert Abell at 859-254-7076.

For-Profit College Company Sued In Whistleblower Lawsuit

Thu, 05 May 2011 08:00:00 EST

The Department of Justice has joined a whistleblower lawsuit against the Education Management Corporation which operates for-profit colleges in numerous states including the Art Institute, Argosy University, Brown Mackie College and South College. The suit, which was brought by a former employee of the company, under the False Claims Act alleges that the company defrauded the federal government by paying incentives to student recruiters, a practice that violates federal law.

Source: New York Times

Whistleblowers that bring suit under the False Claims Act can retain 15-25% of the money recovered from a company that has defrauded the federal government.

Lexington, Kentucky whistleblower lawyer Robert Abell represents whistleblowers in False Claims Act cases against companies that have defrauded the federal government.

Lexington Restaurant Workers Recover Unpaid Wages & Overtime

Wed, 04 May 2011 08:00:00 EST

Employees at several popular Lexington, Kentucky restaurants will be paid back wages owed them. The total back wages that will be paid is over $114,000 to some 143 employees. The wage payments stem from two types of violations to the federal Fair Labor Standards Act: (1) failure to pay overtime; and, (2) requiring employees to report to work before they were allowed to clock in. The restaurants involved were Sal's Chophouse, Malone's, and Palomar.

Source: Lexington Herald-Leader

If you have not been paid the wages or overtime owed you, contact Lexington, Kentucky wages and overtime lawyer Robert Abell at 859-254-7076.

Paris Woman Killed In US 68 Crash

Wed, 04 May 2011 08:00:00 EST

A Paris woman, Brenda Stamper, was killed in an accident Tuesday, May 3, 2011, on US 68 in Bourbon County. The wreck happened near the Williamsburg Terrace apartment complex; Michael Storie of Ewing was also injured in the accident.

Source: Lexington Herald-Leader

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

Whistleblower Suits Settled Against Military Contractors

Thu, 28 Apr 2011 08:00:00 EST

Military contractors, Dyncorp and the Sandi Group, have agreed to settle whistleblower lawsuits arising from false bills they submitted to the federal government regarding work and services supposedly performed in Iraq. Dyncorp will pay $7.7 million arising from false claims it submitted regarding construction work. The Sandi Group will pay $1.1 million regarding false bills it submitted regarding police training work. The whistleblowers, Drew Halldorson and Brian Evancho, will received approximately $481,000 of the settlements.

Source: Bloomberg News

Whistleblowers in suits under the federal False Claims Act receive15-25% of the monies recovered from the contractors and companies that have defrauded the federal government.

Lexington, Kentucky whistleblower lawyer Robert Abell represents whistleblowers in False Claims Act suits against companies and contractors that have defrauded the federal government.

Versailles Man Is Second Fatality In Military Pike Accident

Wed, 27 Apr 2011 08:00:00 EST

A Versailles man, Tyler Steele Haddox, passed away Monday, April 25, 2011 at UK Medical Center. He was the second fatality from a car wreck last Friday on Military Pike. Lauren Watts was killed at the scene of the accident. This tragic event was previously reported on Versailles Woman Killed In Wreck on Military Pike.

Source: Lexington Herald-Leader

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

Brandenburg Woman Killed In Car Wreck

Wed, 27 Apr 2011 08:00:00 EST

A young woman from Brandenburg, Megan Puckett, was killed in a car wreck Tuesday, April 26, 2011, in a crash on Ky. 448. Kentucky State Police were investigating the accident.

Source: Courier-Journal & Times

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

Motorcyclist Killed On New Circle Road

Sun, 24 Apr 2011 08:00:00 EST

A motorcyclist, Kevin Goldsmith, was killed in a motorcycle accident on New Circle Road in Lexington on Thursday, April 21, 2011. The motorcycle accident occurred between the Richmond Road and Alumni Road interchanges.

Source: Lexington Herald-Leader

Lexington, Kentucky motorcycle lawyer Robert Abell represents motorcyclists injured by the negligence and carelessness of others.

Versailles Woman Killed In Wreck on Military Pike

Sat, 23 Apr 2011 08:00:00 EST

A Versailles woman, Lauren Watts, was killed Friday afternoon, April 22, 2011, in a car accident on Military Pike. A passenger in Watts' car was injured and taken to Chandler Medical Center for treatment. The car of some Good Samaritans, who stopped to help, was rear-ended by yet another car.

Source: Lexington Herald-Leader

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

Irvine Man Killed In Estill County Wreck

Sat, 23 Apr 2011 08:00:00 EST

An Irvine man, Jimmie K. Scott, was killed in a car wreck in Estill County on Ky. 89 on Friday afternoon, April 22, 2011. Scott's wife, Jessica, suffered minor injuries in the accident.

Source: Lexington Herald-Leader

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

Sexual Propositions Alleged in Harassment Suit Against McDonald's

Fri, 22 Apr 2011 08:00:00 EST

Sexual comments, sexual propositions and inappropriate physical conduct are alleged in a sexual harassment lawsuit filed by the EEOC against a McDonald's in Reedsburg, Wisconsin. Some of the females subjected to the sexual harassment were teenaged high school students.

Source: Chicago Tribune

Sexual harassment and a hostile work environment violate both federal and Kentucky state law. If you are a victim of sexual harassment, contact Lexington, Kentucky sexual harassment lawyer Robert Abell at 859-254-7076.

Robert Abell has written previously on sexual harassment: Sexual Harassment and Hostile Work Environment: When Is It Unlawful?, and Sexual Harassment - Hostile Work Environment Created By "Locker Room" Atmosphere.

Auto Safety and the Civil Justice System

Wed, 20 Apr 2011 08:00:00 EST

Auto accident fatalities reached their lowest level since 1949 last year and American Association for Justice President Gibson Vance reports on the contributions of the civil justice system to requiring auto manufacturers to make safer cars and save lives: "How Our Cars Got Safer" in the Washington Post.

Lawsuits and litigation have led to improvements in auto safety as the American Association for Justice report Driven To Safety: How Litigation Spurred Auto Safety Innovations discussed.

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

Tip-Sharing Leads to Suit for Overtime & Wages Against Restaurant

Tue, 19 Apr 2011 08:00:00 EST

Improper and illegal tip-sharing is at the heart of a class action lawsuit for unpaid overtime and wages filed by two former employees of the trendy New York restaurant, Sofrito's.

Source: Washington Post

Improper and illegal tip-sharing is a common violation of overtime and wages law.

If you have questions about tip-sharing contact Lexington, Kentucky wages and overtime lawyer Robert Abell at 859-254-7076.

"Boys Club" Charged In Sex Discrimination Suit Against Eaton Corp.

Mon, 18 Apr 2011 08:00:00 EST

Alleging a "boys club" and a "culture of gender hostility" in a glass ceiling gender discrimination lawsuit two women sales engineers have filed a class action lawsuit in federal court in New York City. Amy Gaitane and Mahasti Koosha claim that they were better qualified yet were passed over for promotion repeatedly for sales department promotions; Eaton's general sales department is all-male, according to the lawsuit. The case is Gaitane v. Eaton Corp.

Source: Reuters

Robert Abell has previously written on glass-ceiling discrimination: Sex Discrimination and the Glass Ceiling and Sex Discrimination - Proof of the Glass Ceiling.

If you have suffered gender discrimination or glass ceiling discrimination, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Mexican Discrimination Suit Against Wal-Mart Settled for $440,000

Sun, 17 Apr 2011 08:00:00 EST

A national origin discrimination suit on behalf of Mexican employees against Wal-Mart has been settled for $440,000. The suit claimed that employees of Mexican descent were subjected to a hostile work enviornment and ethnic harassment based on their national origin.

Source: Reuters

Discrimination based on national origin violates both federal and Kentucky state law. Contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Elevator Accident Results in $1 Million Settlement for Family

Sat, 16 Apr 2011 08:00:00 EST

The family of an Ohio State University student killed by a malfunctioning and defective elevator has reached a settlement with the university for $1 million. Andy Polakowski was killed in October 2006 when the elevator's main brake malfunctioned. His family claimed that the university was negligent in maintaining, inspecting and repairing the elevator.

Source: Columbus Dispatch

Lexington, Kentucky accident lawyer Robert Abell represents families and individuals in accident cases where they've been harmed by another's negligence; he can be reached at 859-254-7076.

$450,000 Verdict In Retaliation Case

Fri, 08 Apr 2011 08:00:00 EST

A jury returned a verdict awarding an Arkansas woman $450,000 in damages after finding that she was retaliated against after complaining of and reporting racial harassment and sex discrimination. The jury found that Lashanda Shaw was unlawfully retaliated against when she was fired by Goodyear Tire after complaining of discrimination and filing a charge with the EEOC.

Source: Fayetteville Observer

Retaliation against an employee that complains in good faith of discrimination violates both federal and Kentucky state law. If you have suffered unlawful discrimination or retaliation, contact Lexington, Kentucky employment lawyer Robert Abell at 859-254-7076.

Danville Woman Killed In Crash

Wed, 30 Mar 2011 08:00:00 EST

A Danville woman, Ann L. McChord, was killed in a vehicle crash Sunday in Danville. The wreck was at the intersection of U.S. 150 and Thoroughbred Drive Connector caused by a pickup that ran a red light.

Source: Lexington Herald-Leader

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured in car and vehicle accidents; contact him at 859-254-7076.

Chicken Plant Workers Overtime Suit Goes Forward

Tue, 29 Mar 2011 08:00:00 EST

The suit for overtime compensation chicken plant workers at Mountaire Farms plant in Millsboro, Wisconsin will go forward a judge has ruled. The workers acknowledge that their regular pay was based on each thousand chickens caught per crew but claim that they are entitled to an overtime premium for all hours worked over 40 in a week.

Source: Washington Post

Contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076 regarding your rights to overtime pay compensation under the federal Fair Labor Standards Act or Kentucky state law.

Police Officers Sue for Overtime Compensation

Mon, 28 Mar 2011 08:00:00 EST

Police and other law enforcement officers in Chesterfield County, Virginia have filed suit under the federal Fair Labor Standards Act for overtime compensation. The officers claim that they are entitled to overtime pay at a rate of 1 1/2 times their regular rate for the hours worked in what is known as "gap time," which are the hours between 160 in a 28 day period and the 171 hour threshold set by the federal Fair Labor Standards Act.

Source: Richmond Times-Dispatch

Contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076 with your questions about overtime compensation.

Oral Complaints About Overtime Violations Protected from Retaliation

Sun, 27 Mar 2011 08:00:00 EST

The federal Fair Labor Standards Act prohibits retaliation against an employee that orally complains to his employer about wage and hour and overtime violations the Supreme Court ruled last week in Kasten v. Saint-Gobain Performance Plastics. The Court reasoned that the overtime law's purpose and objective would be undermined if employees' protection against retaliationwas limited to written, formally filed complaints.

Kentucky overtime law, like the federal Fair Labor Standards Act, prohibits retaliation against employees that complain of or report overtime or wage and hour violations. However, the Supreme Court's decision, which interprets federal law, does not mean necessarily that Kentucky law also prohibits retaliation against oral complaints.

If you have questions about your rights to overtime compensation, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Gender Discrimination Class Action Suit Against Bayer Pharmaceuticals

Tue, 22 Mar 2011 08:00:00 EST

A sex discrimination suit has been filed against Bayer Healthcare Pharmaceuticals charging gender discrimination in pay, promotions, and treatment of mothers and pregnant women. The plaintiffs -- women employed at an associate director level or higher -- claim that a male-dominated upper management has created and fostered an environment hostile to women.

Source: Reuters

The suit is similar to other class action lawsuits claiming sex or gender discrimination in employment reported by this blog: Cigna Health Insurance Sued for Sex Discrimination by Female Managers; Sex Discrimination Suit by Female Sales Reps Against Sanofi Settled for $15 Million; Sex Discrimination Suit by Female Sales Reps Against Novartis Settled for $152 Million.

Sex or gender discrimination in employment violates both federal and Kentucky state law. If you have been subjected to sex or gender discrimination including glass ceiling discrimination, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Age Discrimination Against 3M Settled for $12 Million

Mon, 21 Mar 2011 08:00:00 EST

A class action age discrimination suit against 3M has been settled for $12 million. The suit, which covers 3M employees in Minnesota, claimed that the company systematically discriminated against employees 46 and over between 2001 and 2005. The allegation was that the company believed that workers over 46 could not and would not adapt to new business practices. The suit is Clifford L. Whitaker, et. al. v. 3M Company, 62-C4-04-012239 and is pending in Ramsey County District Court (Minnesota).

Source: Bloomberg News

Age discrimination in employment violates both federal and Kentucky state law. If you have suffered age discrimination in employment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Winchester Woman Killed, 4 Injured In Clark County Crash

Sun, 20 Mar 2011 08:00:00 EST

A Winchester woman, Billie L. Wilson, was killed and four others were injured in a two-vehicle crash Friday afternoon March 18, 2011. The crash occurred at the intersection of Ecton Road and Veterans Memorial Parkway and caused the parkway's closing for several hours. Wilson's son, Kenneth Ross, was badly injured in the crash.

Source: Lexington Herald-Leader

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured in Kentucky auto accidents; contact him at 859-254-7076.

Suit Filed Following Fatal Tour Bus Crash

Wed, 16 Mar 2011 08:00:00 EST

The family of a young man killed in a tour bus crash in Utah last summer have filed a wrongful death lawsuit. Three people were killed and 11 injured in the crash. The suit claims that the tour company allowed an inexperienced and fatigued driver to operate the bus; the suit also named the travel company that booked the trip for failing to assure that the bus company had sufficient commercial liability insurance.

Source: Salt Lake City Tribune

If you or a family member have been injured by negligence in a vehicle crash, contact Lexington, Kentucky accident lawyer Robert Abell at 859-254-7076.

Mortgage Brokers Overtime Suit Nears End

Tue, 15 Mar 2011 08:00:00 EST

A suit by mortgage brokers against Quicken loans for unpaid overtime compensation is nearing the end of its trial in federal court in Detroit. The issue for the jury to decide is whether the mortgage brokers were misclassified as exempt from overtime under the administrative exemption.

Source: Chicago Tribune

There have been many suits for overtime by financial services workers as the Robert Abell Law blog has reported previously: Loan Officer Seeks Unpaid Overtime, Unpaid Overtime & Wages Suit Against Bank of America, Tellers & Personal Bankers Sue Bank of America For Overtime.

If you have not been paid the overtime owed you or have questions about whether you have been misclassified as exempt from overtime, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Misclassified Tech Workers Settle Overtime Suit for $1.45 Million

Thu, 10 Mar 2011 08:00:00 EST

Tech workers misclassified as exempt from overtime have settled their overtime lawsuit against Premera Blue Cross for $1.45 million. The class action lawsuit was filed in federal district court in Seattle.

Source: Seattle Post-Intelligencer

Misclassification of employees as exempt from overtime is a common violation of the federal Fair Labor Standards Act and Kentucky overtime law. If you have been misclassified as exempt from overtime, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Cigna Health Insurance Sued for Sex Discrimination by Female Managers

Sun, 06 Mar 2011 08:00:00 EST

Female managers have filed a "glass ceiling" sex discrimination lawsuit against Cigna insurance company. Bretta Karp, a 14 year employee, claims in the suit that Cigna blocks women from promotions into its highest management positions by evaluating them on a bell curve, that she was denied a promotion because the company considered her "too aggressive" and that her largest sales territories were taken away when she complained. The suit seeks class action status and was filed in federal district court in Massachusetts.

Source: Reuters

If you have suffered "glass ceiling" sex discrimination in your employment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Whistleblowers and Food Industry Gain Protection

Tue, 22 Feb 2011 08:00:00 EST

Whistleblowers in the food industry gained protection in the recently passed Food Safety Modernization Act, which is intended to improve the safeguards on our nation's food. The law protects whistleblowers who tell their company or the FDA about activities that they reasonably believe violate the law. Whistleblowers that suffer retaliation can recover their jobs, lost pay and benefits, as well as their attorneys fees, costs and expenses.

Source: Minneapolis Star-Tribune

If you are whistleblowers suffered retaliation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Supervisor Seeks Unpaid Overtime from BP Oil Spill

Mon, 21 Feb 2011 08:00:00 EST

A supervisor in the cleanup of the BP Deepwater Horizon oil spill in the Gulf of Mexico has filed suit under the federal Fair Labor Standards Act seeking unpaid overtime compensation. The supervisor, Martin Schlesinger, claims that he regularly worked more than 40 hours per week and was not paid overtime. This is the second lawsuit seeking unpaid overtime by workers who worked on the BP Deepwater Horizon oil spill cleanup; see Cleanup Workers Seek Unpaid Overtime Compensation.

Source: Louisiana Record

If you have questions about your right to overtime compensation, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Cleanup Workers Seek Unpaid Overtime Compensation

Sun, 20 Feb 2011 08:00:00 EST

Cleanup workers at the BP oil well disaster in the Gulf of Mexico have filed suit in federal court in New Orleans seeking unpaid overtime compensation. They claim that they were misclassified as independent contractors.

Source: Washington Post

If you have not been paid the overtime compensation you have earned and are owed, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Unpaid Overtime Sought for Pipeline Workers

Wed, 16 Feb 2011 08:00:00 EST

Over $1 million in unpaid overtime is being sought in a lawsuit brought on behalf of pipeline workers for Kinder Morgan Energy Company. The lawsuit seeks recovery of the overtime earned by operators, technicians, maintenance workers, laborers and other administrative workers not exempt from the overtime requirements of the federal Fair Labor Standards Act.

Source: Chicago Tribune

If you have not been paid the overtime compensation that you have earned, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Power Plant Explosion Results in $16 Million Settlement

Mon, 14 Feb 2011 08:00:00 EST

The 2009 explosion of Wisconsin power plant that badly burned and injured people has resulted in a $16 million settlement. The explosion occurred at a coal-fired power plant in suburban Milwaukee. The cause of the explosion was negligence: coal dust was not properly removed from a power plant silo before workers when to do construction work.

Source: Chicago Tribune

If you've been injured because of the negligence or intentional wrong doing of another, contact Lexington, Kentucky injury lawyer Robert Abel 859-254-7076.

$1.65 Million Settlement in Sex Discrimination Case

Sun, 13 Feb 2011 08:00:00 EST

Finding systematic sex discrimination preventing the hiring of women a sex discrimination against a Wisconsin meet-packing plan has been settled for $1.65 million. A federal government audit we yield that the company had turned down 970 women for hire over the course of a two-year period.

Source: Chicago Tribune

Equal opportunity is the requirement of both federal and Kentucky state law. If you have suffered discrimination in employment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Safety Violations Lead to $200 K Fines Following Worker's Electrocution

Sun, 13 Feb 2011 08:00:00 EST

Numerous safety violations have led to $200,000 in OSHA-imposed fines against a Wisconsin power company following a worker's electrocution. North Central Power of Grantsburg, Wisconsin, was cited for failing to follow safety procedures and provide the worker with appropriate safety equipment including insulated gloves.

Source: Chicago Tribune

If you have been injured while working on the job, contact Lexington, Kentucky work injury lawyer Robert Abell at 859-254-7076.

Woman with Brain Injury from Being Hit by Bus Settles for $4.5 Million

Sun, 13 Feb 2011 08:00:00 EST

A woman that suffered brain and other injuries after being hit by a Seattle Metro bus has settled her claims for $4.5 million. The woman, Ree Ah Bloedow, 45, was struck by a side mirror on the bus and suffered brain injuries, a shattered arm as well as other injuries; she is no longer able to work.

Source: Seattle Times

If you've been injured due to the negligence or intentional wrongdoing of another, contact Lexington, Kentucky injury lawyer Robert Abell at 859-254-7076.

CVS Shift Managers Seek Unpaid Overtime

Sun, 06 Feb 2011 08:00:00 EST

Shift managers for the CVS drugstore chain are seeking unpaid overtime compensation in a class action lawsuit filed under the Fair Labor Standards Act in federal court in Louisiana. The lawsuit claims that shift managers were routinely required to work more than 40 hours a week and off the clock to complete duties including compiling administrative reports, operating a cash register, ordering stock, stocking shelves, cleaning, and more.

Source: Legalfi

If you have not been paid the overtime owed you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Toshiba Sued for Sex Discrimination

Tue, 01 Feb 2011 08:00:00 EST

A class action suit charging sex discrimination has been filed against Toshiba on behalf of all women that are or have worked for the company in the United States. The suit includes the following allegations:

• women are underpaid and their path to promotions impeded
• women are subjected to stricter discipline and different rules than men
• the company fails to respond adequately to discrimination complaints
• the promotion process is dependent on subjective discussions rather than equal opportunity and merit

The case was filed in federal district court in Manhattan.

Source: Washington Post

If you have suffered sex discrimination on the job, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Guardsman Awarded $600,000 In USERRA Case Against Oldham County

Tue, 01 Feb 2011 08:00:00 EST

USERRA is a federal law that prohibits employment discrimination based on a person's present or impending military service commitments or their intention to serve. Kentucky National Guardsman and Shelbyville police officer Bruce Gentry was turned down for a job with the Oldham County Police Department after he disclosed that he was a member of the Kentucky National Guard. Last week, a federal court jury in Louisville found that Oldham County had willfully violated Gentry's rights under USERRA and awarded him $600,000 in damages.

Source: Louisville Courier-Journal

Gentry was very capably represented by Louisville lawyer, William T. Donnell

Whistleblower False Claims Suit Against Lockheed Martin Settled for $2 Million

Sat, 29 Jan 2011 08:00:00 EST

A whistleblower suit against Lockheed Martin for submitting false claims to the federal government has been settled for $2 million. The suit, which was brought under the False Claims Act, claimed that Lockheed wrongly conspired with another company, SAIC, in regard to winning a government contract. The whistleblower, David Magee, will receive $560,000 of the settlement.

Source: Washington Post

Whistleblowers that report fraud in government contracts in a False Claims Act suit can receive 15-25% of the monies recovered from the corporations that have cheated the federal government. If you are aware of fraud or false claims submitted to the federal government, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Female Police Officer Settles Sex Bias Case for $150,000

Thu, 27 Jan 2011 08:00:00 EST

The highest-ranking female police officer in the Concord, California police department has settled her sex discrimination suit for $150,000. Lt. Robin Heineman, a 22 year veteran, claimed in her suit that she and other female officers worked in a department run on a "presumption of male supremacy" and rife with "overt hostility toward and disparate treatment of female officers."

If you have suffered discrimination on the job, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Mental Health Worker Files Whistleblower Suit Alleging Substandard Care

Mon, 24 Jan 2011 08:00:00 EST

A worker at a mental health hospital in Pasadena, California has filed a whistleblower lawsuit alleging substandard care. The suit filed under the False Claims Act claims that the hospital defrauded the federal government by providing substandard care in violation of its obligations under the Medicare and Medicaid programs.

Source: Los Angeles Times

Whistleblowers can recover 15-25% of the money the federal government was defrauded of under the False Claims Act. If you know of fraud inflicted in a federal program, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Store Managers at Radio Shack Sue for Unpaid Overtime

Thu, 20 Jan 2011 08:00:00 EST

Store managers at Radio Shack have filed a class action lawsuit seeking unpaid overtime. They claim that they were misclassified as exempt from overtime pay requirements under the Fair Labor Standards Act. The suit is Roy Hancock v. Radio Shack Corporation and is filed in U.S. District Court in Tampa, Florida.

Source: Class Actions in the News

Misclassification of store managers and assistant store managers as exempt from overtime is a common violation of the Fair Labor Standards Act; it has been the subject recently of suits against Harbor Freight and Dollar Tree: Store Managers at Harbor Freight Sue for Unpaid Overtime and Assistant Managers Sue Dollar Tree for Overtime & Minimum Wage Violations.

If you have been misclassifed as exempt from overtime, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Loan Officer Seeks Unpaid Overtime

Tue, 18 Jan 2011 08:00:00 EST

A loan officer for a mortgage company, Cascades Mortgage, has filed a class action lawsuit seeking recovery of unpaid overtime compensation. The loan officer, Robert Clausen, claims that he and other loan officers were misclassified as exempt from overtime under the federal Fair Labor Standards Act.

Source: Mortgage Orb

Read more: Are Mortgage Loan Officers Exempt from Overtime?

Misclassification of employees as exempt is a common violation of overtime laws; call Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Store Managers at Harbor Freight Sue for Unpaid Overtime

Thu, 06 Jan 2011 08:00:00 EST

Store managers for Harbor Freight have filed a class action lawsuit seeking unpaid overtime compensation. They claim that they were misclassified as exempt from overtime because they typically performed manual labor and worked 60 - 90 hours a week. The suit was filed under the Fair Labor Standards Act in federal district court in Kansas City and involves persons employed by Harbor Freight in Kansas, Nebraska and Missouri.

Source: Ventura County Star

The job title of store manager does not necessarily mean that the employee is exempt from overtime; the employee's actual duties rather than their job title determine whether they are exempt. See Does a job title determine whether an employee is exempt from overtime pay requirements? Are assistant managers exempt from overtime?

Managers and assistant managers have filed numerous lawsuits claiming that they have been misclassified as exempt from overtime: Assistant Managers Sue Dollar Tree for Overtime & Minimum Wage Violations; Retail Managers Settle Overtime Suit; Kroger Managers Seek Unpaid Overtime in Class Action Suit.

If you have been misclassified as exempt or not paid the overtime due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

$5.8 Million Verdict For Fired White Employee in Discrimination Case

Sun, 02 Jan 2011 08:00:00 EST

A white employee fired by an El Paso utility company filed a race discrimination lawsuit in which a jury recently returned a $5.8 million verdict. Anti-discrimination laws protect everybody, white, black and Hispanic and otherwise. The employee, Mark Duncan, a six year employee with a good record, was fired two days after being physically threatened by a Hispanic human resources worker. He claimed race discrimination, that the company decided to "fire the white guy too" because it feared a discrimination lawsuit from the human resources worker and wanted to create a defense.

The jury agreed and its verdict was as follows: $129,913 in past lost wages, $669,196 in future lost earnings, $5,000 in compensatory damages, and $5 million in punitive damages.

Source: El Paso Times

If you have suffered race discrimination in employment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Whistleblower To Receive $10 Million In Drug Marketing Settlement

Sat, 01 Jan 2011 08:00:00 EST

A whistleblower will receive $10 million of some $203 million recovered in a whistleblower lawsuit alleging that deceptive marketing of the drug Zonergan. The whistleblower, Dr. Lee R. Chartock, a Massachusetts psychiatrist, reported that Elan, the drug's manufacturer, encouraged him to prescribe the antiseizure medicine for weight loss and mood stablization. It is unlawful for companies to market drugs for purposes other than those approved by the FDA.

Such off-label drug marketing can result in improper billings to Medicare and/or Medicaid in violation of the federal False Claims Act. The False Claims Act allows whistleblowers to recover a percentage of the money recovered from companies sued for violating the law.

Source: New York Times

If you are aware of Medicare or Medicaid fraud, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

City Settles Whistleblower Suit for $48,000

Thu, 30 Dec 2010 08:00:00 EST

Pittsburgh has settled a whistleblower lawsuit against the city for $48,000. Tammy Sabina, an employee in the city's Office of Municipal Investigations, claimed that she was retaliated against for attempting to report illegal employment practices to the city's mayor and other officials.

Source: Pittsburgh Tribune-Review

If you have been retaliated against because of whistleblowing, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Trucker & Trucking Company Sued In Bicyclist's Death

Tue, 28 Dec 2010 08:00:00 EST

The family of a bicyclist hit by a big rig truck has filed suit against the trucker and the trucking company. The family of Lauren Ward of Los Altos, California claims that the tractor trailer veered suddenly without warning into the bicycle's path and right-of-way.

Source: San Jose Mercury News

If you have been injured in a cycling accident, call Lexington, Kentucky bicycle accident lawyer Robert Abell at 859-254-7076.

Workers Compensation Claims Settled by AIG

Mon, 27 Dec 2010 08:00:00 EST

Claims that the huge insurance company, AIG, underreported its receipt of workers compensation insurance premiums have been settled for $146 million. Insurance regulators in eight states led the investigation. $100 million in fines will be split among the 50 states provided the settlement is approved.

Source: Chicago Tribune

If you have suffered a Kentucky work injury, contact Lexington, Kentucky work injury lawyer Robert Abell at 859-254-7076.

Trucking Crash Yields $15 Million Verdict

Fri, 10 Dec 2010 08:00:00 EST

A trucking crash on the Indiana Toll Road that killed four people resulted in a $15 million verdict awarded by a federal judge to one of the victim's families. The U.S. District Judge, Theresa Springmann, found that the trucking company, Net Trucking of Burbank, Illinois, was negligent because it allowed its driver to drive more than is legally allowed and altered driving log books.

Source: Chicago Tribune

If you have been injured in a trucking crash on one of Kentucky's interstate highways, contact Lexington, Kentucky trucking accident lawyer Robert Abell at 859-254-7076.

Defective Aircraft Engines At Rolls Royce Cited by Whistleblower

Thu, 09 Dec 2010 08:00:00 EST

A whistleblower lawsuit claims that Rolls Royce hid defects in aircraft engines that it provided to the United States government. A former safety manager at Rolls Royce, Thomas McArtor, claims he was terminated because he reported the problems. The suit was filed in federal court in Indianapolis and unsealed only recently.

The suit was filed under the False Claims Act, which allows the whistleblower to take 15-25% of the money that the government recovers.

Source: New York Times

If you are a whistleblower facing retaliation or know of fraud perpetrated on the federal government, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Female Broker Settles Sex Discrimination Suit Against Merrill Lynch

Thu, 18 Nov 2010 08:00:00 EST

A female broker claimed in her sex discrimination suit against Merrill Lynch that the company steered wealthier clients toward male brokers and then, as a result, paid the male brokers higher retention bonuses based on their productivity. The plaintiff, Jamie Goodman, had an excellent performance record that she claimed would have been better but for the discrimination.

Source: Reuters

Sex discrimination in employment violates both federal and Kentucky state law. If you have been discriminated against on account of your gender, contact Lexington, Kentucky sex discrimination lawyer Robert Abell at 859-254-7076.

Whistleblower Lawsuit Against Lockheed Martin To Go Forward

Wed, 17 Nov 2010 08:00:00 EST

A whistleblower suit claiming that government defense contractor Lockheed Martin defrauded the federal government by installing defective software on the F-35 aircraft will go forward after all, a federal district court judge has ruled. The whistleblower lawsuit filed in 2006 under the False Claims Act alleges that Lockheed Martin installed the software in the F-35s without following the government's or industry standards.

Source: Ft Worth Star-Telegram

The federal False Claims Act allows whistleblowers to recover 15-25% of the monies recovered from a government contractor that defrauded the federal government. If you are aware of government contract fraud, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Overtime Sought for Time Spent On Safety Wear & Equipment

Tue, 16 Nov 2010 08:00:00 EST

The time spent by an employee putting on and taking off safety equipment and clothing can be compensable under the federal Fair Labor Standards Act and Kentucky wage and hour law. This is known as "donning and doffing" safety equipment and clothing and has been the subject of a number of lawsuits for unpaid overtime and wages.

Employees at an Oscar Mayer plant in Iowa have filed a class action lawsuit for unpaid overtime and wages claiming that they are not paid for time they spend donning and doffing their uniforms, safety footwear, hairnets, glasses and other equipment before and after their shifts.

Source: Chicago Tribune

If you have questions about wages or overtime owed you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Computer Programmer Sues for Overtime Pay

Wed, 10 Nov 2010 08:00:00 EST

A computer programmer has sued Dell Computers under the federal Fair Labor Standards Act claiming she was misclassified as exempt from overtime pay requirements. Cherie Ross claims that her job title of programmer/analyst is misleading and that she actually performs the job duties of a payroll mainframe support technician, has no supervisory responsibilities, exercises no discretionary decision-making authority and simply executes a number of data entry tasks in accordance with strict company guidelines. The suit was filed in federal district court in Texas.

Source: Southeast Texas Record

Misclassification of employees as exempt from overtime pay requirements is a frequent violation of federal and Kentucky state law. An employee's job title and being paid a salary does not mean that the employee is exempt from overtime. If you have questions about your entitlement to overtime pay, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Crash on Ky. 55 Kills Springfield Woman

Thu, 04 Nov 2010 08:00:00 EST

A vehicle crash on Ky. 55 early Wednesday, November 3, 2010, took the life of a Springfield woman, Melanie Mattingly. Ms. Mattingly was driving a 2000 Buick; the crash occurred near the Washington and Marion County lines.

Source: Lexington Herald-Leader

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families harmed in car and truck crashes. You can contact him at 859-254-7076.

Assistant Managers Sue Dollar Tree for Overtime & Minimum Wage Violations

Thu, 28 Oct 2010 08:00:00 EST

Two assistant managers have sued the retailer Dollar Tree for overtime and minimum wage violations. The lawsuit, which seeks class action status, claims that the employees were regularly required to work off the clock and through lunch breaks, time for which their pay was docked. They filed suit under the federal Fair Labor Standards Act and Florida law in federal court in Florida.

Source: Orlando Sentinel

Both the federal Fair Labor Standards Act and Kentucky law require that nonexempt employees be paid overtime. The job title of assistant manager does not mean that an employee is exempt from overtime.

If an employee works through their lunch break, they must be paid for the time. An employee cannot be required to work off the clock.

If you have not been paid the wages or overtime owed you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Interstate Trucking Accident Yields $35 Million Verdict

Thu, 28 Oct 2010 08:00:00 EST

The family of a woman killed in the interstate trucking accident on I-70 received a $35 million verdict from a Missouri jury to compensate them for their losses. Anita Gibbs and three other Kansas City women were killed on I-70 in Missouri with a tractor-trailer rear-ended their vehicle, which was stopped because of an accident ahead. Her family's attorneys showed during the trial that the truck driver had falsified his driving logs and had driven more hours than is lawfully permitted. The verdict was against the Michigan-based CenTra trucking company.

Source: Kansas City Star

Falsification of driving logs is not at all uncommon in interstate trucking accident cases. If you or your family have been harmed in an interstate trucking accident, contact Lexington, Kentucky trucking accident lawyer Robert Abell at 859-254-7076.

Michigan Woman Killed In I-75 Crash in Madison County

Wed, 27 Oct 2010 08:00:00 EST

A Michigan woman was killed in a trucking accident on I-75 in Madison County on May 10, 2010. Kimberley Toton-Kozloski of Sterling Heights, Michigan was killed when her vehicle, a Ford van, was struck by a tractor trailer near mile-marker 193. Other members of her family were injured in the interstate trucking accident.

Source: Lexington Herald-Leader

Interstate trucking accidents are all too common on Kentucky's interstates, particularly I-75. If your family has been harmed in a Kentucky trucking accident call Lexington, Kentucky trucking accident lawyer Robert Abell at 859-254-7076.

Bicyclist Settles Injury Suit for $3.5 million

Mon, 25 Oct 2010 08:00:00 EST

A suit arising from inadequate negligent traffic control that led to severe and disabling injuries for a bicyclist has been settled for $3.5 million. Gary Steube was riding in the El Tour de Tucson when he, along with four other bicyclists, was struck by core that had turned down what was supposed to have been a restricted route. The suit alleged that a deputy sheriff had removed traffic cones shortly before the accident.

Source: Arizona Daily Star

If you are a bicyclist injured as a result a driver's negligence, contact Lexington, Kentucky bicycle attorney Robert Abell at 859-254-7076.

Health Insurer Sued for Deceptive Sales Practices

Sun, 24 Oct 2010 08:00:00 EST

Deceptive sales practices are the basis for a suit against a health insurance company, HealthMark. A suit filed by the Los Angeles city attorney claims that the Texas-based insurer sold health insurance that is worthless because it is riddled with so many loopholes and exceptions.

Source: Los Angeles Times

Deceptive sales practices by insurance companies can violate the Kentucky Consumer Protection Act. If you are having trouble with an insurance company, contact Lexington, Kentucky insurance lawyer Robert Abell at 859-254-7076.

Techinical Analysts, Project Managers & Quality Analysts Suit for Overtime Certified As Class Action

Sat, 23 Oct 2010 08:00:00 EST

Technical analysts, project managers and quality assurance analysts claim in a class action lawsuit they were misclassified as exempt from overtime pay requirements by software giant, Oracle. They were employed by PeopleSoft, which Oracle bought in 2005, and claim that they were denied overtime pay and off-duty meal breaks.

Source: law.com

The misclassification of employees as exempt from overtime pay requirements is a common and frequent violation of the federal Fair Labor Standards Act and Kentucky wage and hour law. If you have been misclassified as exempt from overtime pay requirements, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

FedEx Ground Delivery Driver Suit Settled for $2.3 Million

Fri, 22 Oct 2010 08:00:00 EST

A suit regarding the misclassification of FedEx ground delivery drivers as independent contractors rather than employees in Montana has been settled for $2.3 million. Adjustments will be made to the company's business model.

Source: Chicago Tribune

The misclassification of employees as independent contractors or as exempt from overtime pay requirements is a frequent and common violation of the federal Fair Labor Standards Act and Kentucky wage and hour law. If you have been misclassified, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Police Sue for Unpaid Overtime

Thu, 21 Oct 2010 08:00:00 EST

Police officers in Chattanooga have filed suit under the federal Fair Labor Standards Act for payment of overtime compensation they have earned. The suit claims that the police officers were not paid overtime and were not granted comp time for the hours they worked greater than 40 in a workweek.

Source: The Chattanoogan

Federal and Kentucky state law require that nonexempt employees be paid at an overtime rate for the hours worked more than 40 in a work week. If you have not been paid the overtime owed you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Fatal Bus Crash Gives Rise to Suits

Wed, 20 Oct 2010 08:00:00 EST

Overwork, fatigue, marijuana traces in the bloodstream and a failure to wear corrective glasses are cited in a lawsuit filed following a fatal bus crash in Utah. Three Japanese tourists and eleven others were killed in the accident.

Source: St. Lake Tribune

Before you sign any forms or give any statement to an insurance company adjuster, let Robert Abell send you a free copy of his consumer guide. If you have been injured in a Kentucky accident, contact Lexington, Kentucky accident lawyer Robert Abell at 859-254-7076.

Farmers Group Settles Overcharging Suit for $455 Million

Tue, 12 Oct 2010 08:00:00 EST

A class action lawsuit that Farmers Group Insurance Company overcharged policyholders for premiums has been settled for $455 million. Payments to individual policyholders going back to 1999 are part of the settlement.

Source: Washington Post

If you have had a claim denied or been treated unfairly by an insurance company, contact Lexington, Kentucky insurance claims lawyer Robert Abell at 859-254-7076.

Cynthiana Woman Killed In Wal-Mart Parking Lot

Sat, 02 Oct 2010 08:00:00 EST

A Cynthiana woman, Sylvia Fight, was killed Friday, October 1, 2010, in an accident at the Wal-Mart in Cynthiana.

Source: Lexington Herald-Leader

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured by the negligence of others. He can be reached at 859-254-7076.

Race Discrimination Suit Against State Government Certified As Class Action

Wed, 29 Sep 2010 08:00:00 EST

Race discrimination in the hiring and promotion process of Iowa state government was certified as a class action by a Iowa state court. The suit alleges that the Iowa state government discriminated on the basis of race in its hiring and promotions as a pattern and practice going back to the mid-1990's.

Source: Des Moines Register

Race discrimination in employment including in hiring and promotions violates both federal and Kentucky state law. A race discrimination suit against the Iowa state government was certified as a class action. If you have been discriminated against based on your race, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Noose In Workplace Results in $150,000 Verdict Against Sheriff

Mon, 27 Sep 2010 08:00:00 EST

A noose in a workplace is a powerful symbol of a racially hostile work environment. A federal court jury jury in St. Louis recently awarded $150,000 in damages to two employees of the St. Louis County Sheriff. Their claims stemmed from the Sheriff's failure to discipline three employees who hung a noose in the workplace. The jury will next consider punitive damages.

Source: St. Louis Post-Dispatch

If you have been subjected to discrimination based on race or to a racially hostile work environment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859–254–7076.

Whistleblower Suit Regarding Drug Overcharging Settles for $21 Million

Mon, 27 Sep 2010 08:00:00 EST

A whistleblower suit under the federal False Claims Act against Omnicare, which sells drugs to nursing home and other long-term care facilities, alleging that it overcharged state Medicaid programs in Massachusetts and Michigan recently settled for $21 million.

Source: Business Week

The federal False Claims Act allows whistleblowers to file suits against companies that have defrauded or overcharged a federal agency or program. Whistleblowers can receive 15 – 25% of the amount that the federal agency or program was over charged or defrauded. If you are a whistleblower knowledgeable about a federal agency or program being defrauded or overcharged, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Workers Compensation and Accident Claimants to Receive $72.5 Million In Settlement From The Hartford

Sun, 26 Sep 2010 08:00:00 EST

Workers compensation and accident claimants will share in a $72.5 million settlement with the Hartford Insurance Company. The claimants had settled workers compensation and/or personal injury and accident claims with The Hartford in what are known as structured settlements, which means that the money is paid out over time. The Hartford used annuities to fund the structured settlement payments and ran the annuities through its life insurance division, Hartford Life. The suit claims that The Hartford had wrongfully withheld about 15% of the money owed the claimants on their settlements as taxes, fees and profits.

Source: Hartford Courant

If you have been treated unfairly or had your claim wrongfully denied by an insurance company, contact Lexington, Kentucky insurance claims lawyer Robert Abell at 859-254-7076.

Senate Should Pass Paycheck Fairness Act

Thu, 23 Sep 2010 08:00:00 EST

Although the Census Bureau recently released data showing that American women earn about 77% as much as men, the Senate is doing nothing and the time to pass the bill is now argues the New York Times, "Shortchanging America's Women." The bill would make some small but important changes that would increase fairness and equity in the workplace: equal pay for equal work. Unbelievably, no Republican Senator supports the bill.

The Senate should pass the Paycheck Fairness Act to remedy pay discrimination and disparities between men and women. If you have been discriminated against in your employment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Pay Disparities, Strip Club Parties & Hallway Groping Cited in Sex Discrimination Suit

Wed, 22 Sep 2010 08:00:00 EST

Pay disparities, strip club parties and gropings in office hallways are all cited in a sex discrimination lawsuit against the investment bank, Goldman Sachs. A former managing director, a vice president and an associate alleged sex discrimination in employment based on, among other things, the following: (1) women are paid about 75% of what men are paid for similar work; (2) office celebrations and parties that occur at strip clubs; and, (3) sexual gropings and touchings in the office.

Source: Seattle Post-Intelligencer

The pay disparities, strip club parties and sexual touchings cited in this lawsuit are all indicative of and proof of sex discrimination in employment. If you have been discriminated against based on your gender or sex in your employment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Anthem Settles Rate Hike Investigation for $20 Million

Tue, 21 Sep 2010 08:00:00 EST

Anthem Blue Cross & Blue Shield of Colorado has settled a rate hike investigation in that state for $20 million. While specific terms of the settlement are confidential, Anthem will grant credits to policyholders on parts of their premiums to continue their Anthem coverage.

Source: Denver Business Journal

If you have been treated unfairly by an insurance company, contact Lexington, Kentucky insurance lawyer Robert Abell at 859-254-7076.

Greater Protection Against Age Discrimination Urged

Tue, 14 Sep 2010 08:00:00 EST

Legislation increasing the protections against age discrimination is lauded in an editorial in the New York Times, "Fairness for Older Workers." Legislation introduced by Senator Tom Harkin of Iowa and Congressman George Miller of California would restore the protections against age discrimination that the Supreme Court eliminated in a misguided 5-4 decision last year.

Source: New York Times

Discrimination on the basis of age is a violation of both federal and Kentucky state law. If you have suffered age discrimination in your employment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Work Injury Claims from Radiation Exposure Expedited

Mon, 13 Sep 2010 08:00:00 EST

Workers who developed cancer following exposure to radiation will have handling of their claims for workers compensation benefits expedited announced Health & Human Services Secretary Kathleen Sebelius. The workers helped build and test nuclear weapons in the 1950s at a plant in Illinois.

Source: Chicago Tribune

Have you suffered a work injury because of exposure to hazardous substances or fumes on the job? Have you suffered a work injury and need workers compensation benefits? If so, contact Lexington, Kentucky workers compensation lawyer Robert Abell at 859-254-7076.

Overtime Suit Against Olan Mills Settled

Thu, 09 Sep 2010 08:00:00 EST

A class action lawsuit for unpaid overtime and wages against Olan Mills photography has been settled for approximately $3 million. The photographers claimed that they were due and owed overtime and wages based on the following:

• They were required to perform work and attend meetings both before and after the official start of their shift and were not paid for this time
• They were denied meal and rest breaks as required by law
• They were not reimbursed for items they purchased that were necessary for their work

Source: Photo District News

Have you been forced to work off the clock? Have you been required to attend meetings prior to your shift? Have you not been paid overtime you have earned? Contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Unpaid Overtime Sought In Class Action Suit Against Dick's Sporting Goods

Wed, 08 Sep 2010 08:00:00 EST

Claiming that they were not paid overtime due them and that they were forced to work off the clock after the stores had closed current and former employees of Dick's Sporting Goods have filed suit seeking unpaid overtime and wages. The suit claims that the employees are owed overtime because store managers would give them "retro" pay at the regular hourly rate to cover overtime hours worked the previous wee; the employees also claim that they were forced to work off the clock after the store had closed. The lawsuit was filed in state court in Chicago.

Source: Bloomberg News

If you have not been paid the overtime or wages you are owed, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Homeowners Sue Over Sewage Damage

Sun, 05 Sep 2010 08:00:00 EST

Homeowners in Wayne County, Michigan again facing damage to their homes caused by raw sewage backups following heavy rains have filed suit to recover their damages. The failure of the homeowners' local and city governments to maintain adequate sewer systems has led to chronic flooding and sewer backup problems that the suit hopes to end.

Source: Detroit Free Press

If your home has been badly damaged due to flooding caused by the government's failure to properly maintain a drainage and sewage system, contact Lexington, Kentucky lawyer Robert Abell at 859-254-7076.

Retail Managers Settle Overtime Suit

Sat, 04 Sep 2010 08:00:00 EST

Managers at the retail store Zumiez's have settled their overtime suit. The managers claimed that they were misclassified as exempt from overtime and that they worked through and during mandated meal and rest breaks.

Source: Seattle Times

Misclassification of employees as exempt from overtime is a common violation of both federal and Kentucky state overtime laws. The failure to pay employees that work through what are supposed to be legally-mandated meal and/or rest breaks is another common violation.

If you have not been paid the overtime you have earned and are owed, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Kroger Managers Seek Unpaid Overtime in Class Action Suit

Fri, 03 Sep 2010 08:00:00 EST

Managers at Kroger's grocery stores have filed a class action lawsuit claiming that they have been misclassified as exempt from overtime. The employees claim that they exercise little, if any, managerial discretion and that more than 80% of their time is spent doing the same type of work as the hourly employees that they supposedly supervise.

You can click Gillum v. Kroger Company, Eastern District of Virginia to review the class action complaint for overtime by the Kroger managers.

Source: legalfi

Misclassification of employees as exempt from overtime pay requirements is one of the most frequent employment and wage and hour law violations. If you have been misclassified as exempt from overtime, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Construction Workers To Receive $2.2 Million In Back Wages

Thu, 26 Aug 2010 08:00:00 EST

Construction workers will receive $2.2 million in back wages owed them as part of a settlement with a construction company. California Attorney General Jerry Brown helped the employees get paid the money they earned.

Source: Mercury News

If you have not been paid the wages or overtime owed you, contact Lexington, Kentucky wages and overtime lawyer Robert Abell at 859-254-7076

Motorcyclist Injured by Pothole in Road Settles Suit

Wed, 25 Aug 2010 08:00:00 EST

A motorcyclist who crashed because of a large pothole -- arms width and ankle deep -- has settled his accident and injury lawsuit arising from the defective road. The motorcyclist, Derek Jackson, suffered multiple injuries including head trauma. The county was notified twice of the pothole in the 39 days before the accident.

Source: Kansas City Star

If you have been injured as a result of a defective or improperly repaired roadway, contact Lexington accident attorney Robert Abell at 859-254-7076.

Female Police Lieutenant Files Sex Discrimination Lawsuit

Tue, 17 Aug 2010 08:00:00 EST

A female police lieutenant for the City of Glendale, California has filed a sex discrimination lawsuit claiming that she has endured years of on-th-job discrimination and harassment. Lt. Susan Hayn, a 21 year veteran of the police force, cites as instances of discrimination and harassment the repeated denial of her transfer requests and allegations that her participation in an affair led to a promotion.

Source: Glendale (Ca.) News-Press

If you have been subjected to gender discrimination, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Computer Network Technicians File Class Action Suit for Overtime

Sat, 14 Aug 2010 08:00:00 EST

Computer network technicians have filed a class action lawsuit for unpaid overtime compensation against Goldman Sachs. The suit is Bardouille v. Goldman Sachs & Co., 10cv4285, U.S. District Court, Southern District of New York in Manhattan.

Source: Bloomberg News

If you have not been paid overtime owed you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Nurses Fired After Reporting Doctor's Substandard Care Settle Wrongful Termination Cases for $750,000

Fri, 13 Aug 2010 08:00:00 EST

Two nurses who reported a doctor's substandard care of patients to the medical board and then were fired and criminally prosecuted have settled their wrongful termination lawsuits for $750,000. The nurses, Anne Mitchell and Vickilyn Galle, reported anonymously to the Texas Board of Medical Licensure numerous standard of patient care deficiencies by Dr. Rolando Arafiles. The nurses identified the patient files by number but not by patient name in their report. The nurses were later fired from their jobs and criminally prosecuted. Mitchell went to trial and a jury very quickly found her not guilty; charges against Ms. Galle were dropped before trial.

Source: New York Times

If you have suffered retaliation for whistleblowing, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Working Through Breaks & On Call Time Lead To Overtime Lawsuit

Thu, 12 Aug 2010 08:00:00 EST

Working through breaks and being on-call responsible for monitoring and responding to radio calls has given rise to a class action lawsuit for unpaid wages and overtime by city employees in Plano, Texas. The employees claim that they are required to monitor and respond to radio calls during their lunch breaks and that they are on call at other times to monitor and respond to radio calls. These ongoing responsibilities constitute work time for which they are due wages and/or overtime under the federal Fair Labor Standards Act, the suit alleges.

Source: Southeast Texas Record

If you have not been paid the overtime or wages you have earned, contact Lexington, Kentucky overtime and wages lawyer Robert Abell at 859-254-7076.

Unfair Assignments, Harassment & Retaliation Lead to $1 Million Race Discrimination Settlement

Tue, 10 Aug 2010 08:00:00 EST

A pattern of unfair work assignments, a racially hostile work environment and retaliation directed at African-American workers gave rise to and led to a $1 million settlement in a race discrimination case in Rochester, New York. The case was brought by the EEOC against the Elmer Davis Company.

Source: Rochester Democrat & Chronicle

If you have been discriminated against based on your race, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Overbilling of Government May Yield $1 Billion Recovery in Whistleblower Case Against Oracle

Fri, 06 Aug 2010 08:00:00 EST

A whistleblower case under the federal False Claims Act against software maker Oracle may yield a $1 billion recovery stemming from the company's overbilling the government reports Bloomberg News, "Oracle Damages in False Claims Case May Reach $1 Billion." Whistleblower Paul Frascella, a former Oracle employee, filed the suit under the federal False Claims Act alleging that Oracle had defrauded the federal government by failing to provide it the same discounts as it gave commercial customers.

The False Claims Act allows whistleblowers to share in the recovery obtained by the federal government.

If you are aware of overbilling or fraudulent billing to the federal government, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Pregnancy Discrimination Suit Against Police Department Settled

Thu, 29 Jul 2010 08:00:00 EST

A pregnancy discrimination lawsuit by female police officers against the Detroit police department has been settled. As terms of the settlement, the police department will no longer

1. ask female applicants if they are or intend to become pregnant;

2. force female police officers to take unpaid leave if they become pregnant; and,

3. reassign pregnant police officers to light-duty positions if such are available and medically necessary due to the pregnancy.

Source: Detroit Free Press

If you have been discriminated against based on your sex, gender or pregnancy, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Sex Discrimination Suit by Female Sales Reps Against Sanofi Settled for $15 Million

Sun, 25 Jul 2010 08:00:00 EST

A sex discrimination suit regarding pay and promotions by female sales reps against Sanofit has been settled for $15.3 million. The settlement also requires the drug maker to improve its policies on pay and promotions and to mitigate pay disparities where they exist.

Source: Reuters

If you have been discriminated against based on your sex or gender, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Overtime Suit Arising from Misclassification Settled for $5 Million

Sat, 24 Jul 2010 08:00:00 EST

An overtime suit arising from misclassification of technical writers as exempt has been settled for $5 million. Technical writers claimed that Sun Microsystems had misclassified them as exempt from overtime requirements and had failed to pay them for time they worked when they were supposed to be taking meal breaks.

Source: San Francisco Chronicle

Misclassification of employees as exempt from overtime is one of the most frequent violations of the overtime law. If you have been misclassified or have not been paid the overtime you are owed, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Whistleblower Sues Sheriff for Wrongful Termination

Thu, 22 Jul 2010 08:00:00 EST

A fired IT tech has filed a whistleblower suit for wrongful termination against the Sheriff in Houston, Texas. Wilfrido Mata, a 10 year employee of the sheriff's office and its technology director, claims that he was fired for reporting to the FBI a plan to hack into the county's computer system.

Source: Houston Chronicle

If you are a whistleblower and have been retaliated against, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Workers Comp Suit Against Wal-Mart Certified As Class Action

Wed, 21 Jul 2010 08:00:00 EST

A lawsuit accusing Wal-Mart of wrongful handling of workers compensation claims has been certified as a class action by a federal judge in Colorado. The lawsuit claims that Wal-Mart conspired with its insurance carrier and claims adjuster to "dictate, withhold, delay, deny and/or interfere with" the type and duration of their injured workers' medical care. The suit was filed under the federal RICO Act and Colorado state consumer protection law.

Source: law.com

Lexington, Kentucky workers compensation lawyer Robert Abell wrote about a similar case decided by the Sixth Circuit Court of Appeals, which covers Kentucky, last year: Remedies For Injured Workers Denied Workers Compensation Benefits and also published an article in The Advocate, the official publication of the Kentucky Justice Association: Injured Workers May Pursue a Civil RICO Claim Based On An Enterprise Denying Them Workers' Compensation Benefits.

If you have suffered a work injury and have a Kentucky workers compensation claim, contact Lexington, Kentucky workers compensation lawyer Robert Abell at 859-254-7076.

Death From Miner's Death Suit Against Massey Energy Settled for $2.1 Million

Mon, 19 Jul 2010 08:00:00 EST

A lawsuit that followed from the death of a coal miner at a Massey Energy mine in Boone County, West Virginia has been settled for $2.1 million. Steven Cain was killed at Massey's Justice No. 1 mine in October 2008.

Source Washington Post

If you or a family member have been injured on the job, call Lexington, Kentucky work injury lawyer Robert Abell at 859-254-7076.

Firefighters File Overtime Suit for Pre-Shift Work

Sat, 17 Jul 2010 08:00:00 EST

Firefighters in Menlo Park, California have filed suit seeking overtime compensation for pre-shift work including time devoted to gathering and readying equipment for their regular shift. Their suit was filed under the federal Fair Labor Standards Act.

Source: San Jose Mercury-News

If you have not been paid the overtime compensation due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Disability Discrimination Suit Filed Against Toyota by Former Workers

Fri, 16 Jul 2010 08:00:00 EST

A disability discrimination suit has been filed by former workers at Toyota's Fremont, California plant. The plant was closed on April 1 and laid off workers paid severance with increased payments made to those who worked in the last 6 months the plant was open. The suit is by workers who were hurt and unable to work in these final 6 months and therefore were denied the increased payments. The suit claims that this constitutes disability discrimination.

Source: New York Times

Disability discrimination in employment violates federal and Kentucky state law. If you have suffered discrimination on account of a disability, contact Lexington, Kentucky disability discrimination lawyer Robert Abell at 859-254-7076.

Understaffing at Nursing Homes Leads to $670 Million Verdict

Thu, 15 Jul 2010 08:00:00 EST

If a family member has been mistreated or injured because of poor or negligent care at a Kentucky nursing home, contact Lexington, Kentucky nursing home lawyer Robert Abell at 859-254-7076. Understaffing at nursing homes has led to a $670 million verdict against a nursing home operator in California. Skilled Healthcare Group Inc. was ordered to pay the verdict because of understaffing at its 22 facilities in California. California law requires that nursing homes maintain at least 3.2 nursing hours per patient per day. The judgment came in a class action lawsuit by patients and their families.

Source: Los Angeles Times

Sex Discrimination Suit by Female Sales Reps Against Novartis Settled for $152 Million

Thu, 15 Jul 2010 08:00:00 EST

A class action sex discrimination lawsuit on behalf of female sales reps of the pharma giant, Novartis, has been settled for $152 million. The settlement remains subject to approval by the presiding judge and affects about 5,600 current and former sales persons.

Source: New York Times

The Washington Post also reported on the settlement of this landmark sex discrimination case: "Novartis Reaches $152.5 Million Sex-Bias Settlement."

The trial and verdict in this case was earlier reported on in this blog: Sales Reps Win $3.36 Million Verdict In Sex Discrimination Case against Novartis.

If you have been paid less than your peers or denied promotion despite your better qualifications because of your sex, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Unpaid Wages for Weekend Pay for VA Employees Now A Class Action

Wed, 14 Jul 2010 08:00:00 EST

An unpaid wages suit by current and former VA employees has been certified as a class action by the U.S. Claims Court. The lawsuit claims that the employees were not paid weekend pay, which is supposed to 25% greater than their regular hourly rate.

Source: Courthouse News

If you have not been paid the wages or overtime you have earned, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Safety Complaints Led to Firing, Whistleblower Claims

Tue, 13 Jul 2010 08:00:00 EST

Complaints about safety violations that endangered the public led to his firing a whistleblower claims in a recently-filed lawsuit. Kelly O'Connor, the whistleblower, claims that his complaints about unsafe practices of a barge company, Serodino, Inc., led to his firing. There is a claim that the company's failure to heed O'Connor's safety warnings led to a collision that killed two men.

Source: Chattanooga Times Free-Press

If you are a whistleblower and have suffered retaliation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Insistence on Accurate Accounting Practices Led to Firing, Whistleblower Claims

Mon, 12 Jul 2010 08:00:00 EST

Insistence on following accurate accounting practices led to his firing a former employee of Tyco Electronics claims in a recently filed whistleblower lawsuit. Jeffrey Wiest, a former employee in the company's accounting department, claims that he was fired on account of questions he raised about accounting for a $350,000 event at the Atlantis Resort in the Bahamas being accounted for as a business expense.

Source: Bloomberg News

If you are a whistleblower and have suffered retaliation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

$32.2 Million Verdict From Auto Crash Upheld

Sun, 11 Jul 2010 08:00:00 EST

A $32.2 million verdict arising from an auto crash that killed three and injured seven has been upheld by the Nevada Supreme Court. The crash happened when a tire blew out on the car. The verdict was against Goodyear Tire; other claims arising from the accident against Ford Motor Company and a vehicle rental business were settled.

Source: Las Vegas Sun

If you or your family has been injured in a vehicle or auto crash, contact Lexington, Kentucky accident lawyer Robert Abell at 859-254-7076.

Suit for Injuries Caused by Tent Collapse Settled

Sat, 10 Jul 2010 08:00:00 EST

A lawsuit arising from injuries caused three children injured by a negligently installed tent at an airshow has been settled. The children were attending an air show at the Huntsville, Alabama Airport that was struck by incoming storms; winds generated by the storms caused the tents to come loose and injure the children. Terms of the settlement were kept confidential.

Source: Huntsville Times

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured by the negligence of others. He can be reached at 859-254-7076.

Credit Insurance Class Action Against Resource Life to Proceed

Sat, 10 Jul 2010 08:00:00 EST

A credit insurance class action lawsuit against Resource Life will proceed, a Georgia court has ruled. The lawsuit claims that customers bought credit insurance when they financed their vehicles; however, in instances where the loans were paid off early or the cars wrecked and the loans cancelled, the insurance company did not refund the premiums.

Source: law.com & Fulton County Daily Report

If you have been treated unfairly by an insurance company, contact Lexington, Kentucky insurance lawyer Robert Abell at 859-254-7076.

Orthopedic Surgeons Charged With Medicare Fraud in Whistleblower Suit

Sat, 10 Jul 2010 08:00:00 EST

Orthopedic surgeons defrauded Medicare by billing it for surgeries actually performed by residents, a whistleblower lawsuit claims. Former surgeon and hospital executive Robert Goldberg claims in the suit that surgeons at Chicago's Rush University Medical Center violated Medicare rules by billing the federal program for surgeries that were actually performed by residents. The whistleblower lawsuit was filed under the federal False Claims Act.

Source: UPI.com

The federal False Claims Act allows for a whistleblower to recover 15-25% of the total monies recovered from a company that has defrauded the federal government.

If you are aware of fraud committed on the federal government, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Domino's Delivery Drivers Unpaid Wages Suit Certified As Class Action

Fri, 09 Jul 2010 08:00:00 EST

A lawsuit by Domino's delivery drivers seeking unpaid wages has been certified as a class action and may include up to 20,000 present and former delivery drivers. The drivers claim that Domino's did hot properly reimburse them for their automobile expenses and thus failed to pay them at least the minimum wage. The class included in the suit could include all Domino's delivery drivers who worked in any state except New York and California from March 4, 2006, up to the present.

Source: Detroit Free Press

If you have not been paid the wages or overtime you have earned, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

$113,800 Verdict In Pregnancy Discrimination Suit

Thu, 08 Jul 2010 08:00:00 EST

Withdrawal of a job offer after the candidate disclosed she was pregnant resulted in a $113,800 pregnancy discrimination verdict against Lucas Films, the company founded by Star Wars creator, George Lucas. Julie Veronese claimed that her job offer was withdrawn after she told the company she was pregnant. The jury's verdict awarded $93,800 and $20,000 on Veroneses's pregnancy discrimination claim.

Source: New York Times

Employment discrimination violates both federal and Kentucky state law. If you have been discriminated against on the job, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Pharmaceutical Sales Reps Not Exempt from Overtime Requirements, Court Rules

Thu, 08 Jul 2010 08:00:00 EST

Pharmaceutical sales representatives for Novartis Pharmaceuticals Corp. are not exempt from overtime pay requirements, a federal appeals court in New York has ruled. The sales reps actually cannot sell drugs directly to a doctor but do make regular calls to promote the company's drugs and to encourage doctors to prescribe them to their patients. The appeals court rejected arguments that the reps were exempt as "outside sales reps" or under the "administrative" exemption. In re Novartis Wage & Hour Litigation, No 09-0437 (2nd Cir, July 6, 2010).

Source: law.com & New York Law Journal

The misclassification of employees as exempt from overtime requirements is a common violation of federal and Kentucky state wage and hour and overtime law. Robert Abell published an article on the misclassification of employees as exempt from overtime under the executive, administrative and professional exemptions that was published by the Kentucky Justice Association, "The Executive, Administrative and Professional Exemptions to the Overtime Requirement."

If you have been misclassified as exempt or not been paid the overtime compensation due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Whistleblower Suit by Former SEC Lawyer Settled for $755,000

Wed, 07 Jul 2010 08:00:00 EST

The Securities and Exchange Commission (SEC) has settled a whistleblower claim with one of its former enforcement lawyers, Gary Aguirre, for $755,000. Mr. Aguirre was fired in 2005 while investigating stock trades made by Pequot Capital Management, which was then the world's largest hedge fund, and its principal, Arthur Samberg. Under the Bush Administration the SEC closed out the investigation in 2006 without taking any enforcement action. Last month, however, the SEC filed suit identifying some of the trades Aguirre investigated back in 2005 before he was fired. That suit resulted in Pequot and Samberg disgorging $18 million in profits and paying a penalty of $10 million.

Source: New York Times

If you are a whistleblower and have suffered reprisal or retaliation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Employee's Commute Ruled Within Course of Employment Under Kentucky Workers Compensation Law

Wed, 30 Jun 2010 08:00:00 EST

An employee's commute to work was ruled within the course of his employment under Kentucky workers compensation law, the Kentucky Supreme Court ruled recently in Fortney v. Airtran Airways, No 2009-SC-429-WC (June 17, 2010). Key to the Court's decision was evidence that the employer substantially subsidized the employee's commute in order to induce him to accept employment. The Kentucky Supreme Court's decision is discussed further by Kentucky workers compensation lawyer Robert Abell on the Kentucky Employment Law Blog: "Where Employer Induced Employee to Accept Employment by Subsidizing Employee's Commute, the Employee's Death While Commuting Was Compensable under Kentucky Workers Compensation Law."

If you have suffered a work injury in Kentucky or have a Kentucky workers compensation claim, contact Lexington, Kentucky workers compensation lawyer Robert Abell at 859-254-7076.

Whistleblower Suit Alleges Medicaid Fraud Aided by Hospital System

Tue, 29 Jun 2010 08:00:00 EST

A whistleblower suit alleges that a hospital system in Florida defrauded the federal government through the Medicaid program. The whistleblower suit filed by Sean Hellein, a former financial analyst for WellCare Health Plans, alleges that Memorial Healthcarel System in south Florida helped WellCare make it appear that it was spending more than it actually was on patient care in three areas: mental health treatment, substance abuse treatment and a state-subsidized program for otherwise uninsured children. The suit alleges the fraud at between $400 to $600 million.

Source: Miami Herald

Whistleblowers that report fraud on the federal government by companies receiving federal government payments can recover under the federal False Claims Act 15-25% of the money recovered from the company. If you are aware of fraud inflicted on the federal government by a corporation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Race Discrimination Suit Against Home Builder Settled

Mon, 28 Jun 2010 08:00:00 EST

A race discrimination suit by employees of a home builder, John Wieland Homes of Atlanta, has been settled for $378,500 and other remedies and relief. African-American employees claimed in the suit that their opportunities were limited, because the company steered them to specific subdivisions based on the racial make-up of the surrounding neighborhood and, as a result, they earned less commissions than white employees. In addition to the monetary payment, the company will hire at least 10 African-American management employees in the next six years.

Source: Atlanta Journal-Constitution

Race discrimination in the terms and conditions of employment violates both federal and Kentucky state law. If you have been discriminated against based on race, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Overtime Suit Against RJ Reynolds Settled

Sun, 27 Jun 2010 08:00:00 EST

A class action lawsuit for overtime compensation by employees of R.J. Reynolds has been settled. The suit claimed that the employees were told not to record overtime and that the company's payroll system prevented calculation of overtime. The suit included 394 workers; the settlement terms were not disclosed.

Source: Kansas City Star

Federal and Kentucky state law require that non-exempt employees be paid overtime for all hours greater than 40 worked in a work week. If you have not been paid the overtime compensation due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Whistleblower Suit Against Government Contractor Settled for $12.5 Million

Sun, 27 Jun 2010 08:00:00 EST

A whistleblower suit against a government contractor, Northrup Grumman, has been settled for $12.5 million. A former quality assurance manager, Allen Davis, filed the suit after reporting that the company failed to adequately test electronic parts supplied in military aircraft, helicopters and spacecraft. The suit was filed under the federal False Claims Act and, as a result, the whistleblower will receive $2.4 million of the settlement.

Source: Los Angeles Times

Whistleblowers that report fraud by government contractors can recover from 15-25% of the amount the government was defrauded under the federal False Claims Act. If you are aware of fraud on the United States government, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Enterprise Rent-A-Car Failure to Respond to Vehicle Recall Results in $15 Million Verdict

Thu, 24 Jun 2010 08:00:00 EST

Enterprise Rent-A-Car's failure to respond to a vehicle recall and have one of its rental cars serviced resulted in the deaths of two young California women. In September 2004, Daimler Chrysler issued a recall for 435,000 PT Cruisers for model years 2002 t0 2005, the problem being a leaky power steering hose that could cause a fire. The following month, October 2004, Enterprise rented the car without responding to the recall notice or having it serviced to Raechel and Jacqueline Houck, who were subsequently killed in a fiery car accident. After fighting the case for five years, Enterprise finally admitted that its negligence was the sole proximate cause of the two deaths. The jury returned a verdict of $15 million to the estates of the two young women.

Source: San Jose Mercury-News

If you or a family member have been injured in a vehicle accident, contact Lexington, Kentucky accident lawyer Robert Abell at 859-254-7076.

Defective Guardrail Suit Settled for $15 Million

Tue, 22 Jun 2010 08:00:00 EST

A lawsuit arising from injuries caused by a defective highway guardrail has been settled for $15 million. A Pennsylvania man, Nicholas Anderson, was forced off the side of the road by an oncoming car and struck the highway's guardrail. The guardrail, instead of absorbing the crash, snapped and caused very serious injuries to Anderson, who requires constant medical treatment.

Source: Philadelphia Inquirer

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

K-9 Officers Settle Overtime Suit

Sun, 20 Jun 2010 08:00:00 EST

K-9 police officers in Houston have settled a lawsuit seeking overtime compensation. The police officers will receive 1.5 hours overtime pay for weekend and holiday care of their police dogs.

Source: Houston Chronicle

The federal Fair Labor Standards Act and Kentucky law require that non-exempt employees be paid overtime for all hours worked in a workweek greater than 40 in a workweek. If you have not been paid the overtime compensation due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Age & Race Discrimination Suit Settled for $125,000

Sat, 19 Jun 2010 08:00:00 EST

A race and age discrimination lawsuit against a staffing agency, Spencer Reed Group, has been settled for $125,000. The EEOC filed the suit on behalf of a 55 year old Caucasian woman citing as proof of discrimination the following:

1. that the employee was given harsher discipline than her co-workers
2. that she was denied training opportunities
3. that she was given the heaviest and most difficult workload
4. that she was subjected to a higher level of supervision and scrutiny by her supervisors, and
5. that she was fired when she complained of the differential treatment.

Source: Kansas City Info Zine

Discrimination in employment on account of race or age violates both federal and Kentucky law. If you have been discriminated against based on age or race, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Whistleblower Suit Against Oracle for Alleged Overcharges to Government

Sat, 19 Jun 2010 08:00:00 EST

Whistleblowers under the False Claims Act can recover 15-25% of the money recovered from a corporation that has defrauded or cheated the government.

A whistleblower, Paul Frascella, has filed suit under the False Claims Act against Oracle, the software company, claiming that the company defrauded the government by failing to grant it the same discounts as offered to private company customers. Frascella filed his suit in 2007 and was joined by the Department of Justice recently.

Source: Bloomberg News

If you are a whistleblower under the False Claims Act, contact Lexington, Kentucky whistleblower and False Claims Act lawyer Robert Abell at 859-254-7076.

Indiana Man Killed in Tractor Trailer Crash on I-64

Sat, 19 Jun 2010 08:00:00 EST

An Indiana man, Brian Keith Meyers of Salem, was killed early Friday, June 18, 2010, in a tractor-trailer collision on I-64 in Scott County, Kentucky. Meyers was a truck driver for Ace Doran Trucking. The crash caused the east-bound lanes of I-64 to be closed much of the day.

Source: Lexington Herald-Leader

Lexington, Kentucky truck accident lawyer Robert Abell represents individuals in truck accident cases arising on Kentucky's interstate highways.

Whistleblower Who Reported Mayor's Alleged Wrongdoing to FBI Files Suit

Fri, 18 Jun 2010 08:00:00 EST

A former city manager of Forest Hills, Texas has filed suit claiming that he was fired in retaliation for reporting suspected wrongdoing by the city's mayor to the FBI. David Miller claims in his lawsuit that his firing violated the Texas state Whistleblower Act which prohibits retaliation against public employees that report wrongdoing "in good faith to law enforcement agencies."

Source: Ft. Worth Star-Telegram

If you have suffered retaliation as a result of whistleblowing, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Firefighter Settles Sex Discrimination Suit for $3.35 Million

Thu, 17 Jun 2010 08:00:00 EST

A female firefighter in Fresno, California has settled her sex discrimination suit against the city for $3.35 million. Michelle Maher claimed in her suit that she was forced out of the fire training academy because of her female gender and that academy supervisors asked her personal questions, set her up to fail certain tasks and unfairly graded some of her academy exams.

Source: Fresno Bee

Discrimination on account of sex or gender in employment violates both federal and Kentucky law. If you have been discriminated against in your employment based on your sex or gender, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Hartford to Pay $72.5 Million to Settle Injury Settlement Class Action Suit

Mon, 14 Jun 2010 08:00:00 EST

For $72.5 million Hartford Financial Services Group has settled a class action lawsuit that claimed deception by Hartford in the settlement of personal injury and workers compensation claims. The suit alleged that Hartford settled many personal injury and workers compensation claims in structured settlements, which means that they were paid out over time in annuity form. The suit also claimed that Hartford retained 15% of the settlements as fees, taxes and profits.

Source: Hartford Courant

Lexington, Kentucky lawyer Robert Abell represents individuals in personal injury and workers compensation cases. He can be contacted at 859-254-7076.

Overtime & Back Pay Suit Against Cable TV Company Settled for $18 Million

Fri, 11 Jun 2010 08:00:00 EST

Current and former field technicians for Charter Communications, a cable TV company, have settled a class action lawsuit for overtime compensation and back pay for $18 million. The suit, which was filed in federal district court in Wisconsin, covers current and former employees in certain field technician positions in California, Missouri, Michigan, Minnesota, Illinois, Nevada, Washington, Oregon and Nebraska.

Source: St. Louis Business Journal

Both federal and Kentucky state law require that overtime be paid to all nonexempt employees for all hours greater than 40 worked in a workweek. If you have not been paid the overtime due you, contact Lexington, Kentucky overtime attorney Robert Abell at 859-254-7076.

Hospital Workers Settle Unpaid Overtime & Meal Break Suit for $8.5 Million

Wed, 09 Jun 2010 08:00:00 EST

When employees work through their meal breaks or off the clock they should be paid their wages and/or overtime. Hospital workers in Boston have settled an unpaid overtime and meal break wages suit for $8.5 million. The suit claimed that the workers were required to work during what was supposed to be their meal breaks and were required to work off th clock.

Source: Boston Globe

This hospital workers suit for unpaid overtime and wages is similar to other suits for unpaid wages and overtime filed by nurses and other hospital workers as discussed by Robert Abell on the Kentucky Employment Law Blog: Nurses File Class Action Suit Seeking Training Time and Missed Meal Break Time Pay; Interrupted Lunch Breaks Cited In Wage Class Actions.

If you have not been paid the overtime due and owed you, contact Lexington, Kentucky overtime and wages lawyer Robert Abell at 859-254-7076.

Unpaid Overtime & Wages Suit Against Bank of America

Tue, 08 Jun 2010 08:00:00 EST

It is a violation of federal and Kentucky state overtime and wage and hour law if non-exempt employees are not paid overtime, are forced to work off the clock, are forced to work during required rest and meal breaks and are not paid for their vested vacation pay.

A class action lawsuit against Bank of America has been filed in federal court in Kansas City that seeks recovery of unpaid overtime, wages and overtime for time that employees were compelled to work off the clock, work through their required meal and/or rest breaks and unpaid wages in the form of vested vacation pay. To read a copy of the class action complaint click here.

Source: Reuters

If you have not been paid the overtime or wages due you, please contact Lexington, Kentucky wages and overtime lawyer Robert Abell at 859-254-7076.

Protective Clothing Overtime Suit Against Tyson Foods Settled

Mon, 07 Jun 2010 08:00:00 EST

Employees that must wear protective clothing for their job should be paid for the time spent putting on and taking off the protective clothing. A lawsuit against Tyson Foods seeking overtime pay for Tyson Foods employees at a poultry processing plant for time they spend putting on and taking off their protective clothing was settled last week for $500,000.

Source: Chicago Tribune

Protective clothing suits for overtime are often referred to as "donning and doffing" suits for overtime.

If you have not been paid the overtime you have earned, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Deputies Sue Sheriff for Unpaid Overtime

Tue, 01 Jun 2010 08:00:00 EST

Nineteen sheriff deputies have sued the LaPorte County (Indiana) sheriff for overtime compensation due them under the federal Fair Labor Standards Act. The deputies were assigned to work as security at a monster truck rally and have not been paid the overtime compensation due them.

Source: LaPorte Herald-Argus

Federal and Kentucky state law require that all non-exempt employees that work more than 40 hours in a work week be paid overtime compensation for each hour worked more than 40 at one and one-half times their regular hourly rate. If you have not been paid overtime compensation owed you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Doctor Awarded $3.6 Million in Religious Discrimination Suit

Mon, 31 May 2010 08:00:00 EST

A doctor has been awarded $3.6 million in his discrimination suit against the University of Texas Southwest Medical Center. Dr. Naiel Nasser, an Egyptian-born Muslim and United States citizen, claimed that he was subjected to religious and national origin discrimination in his job at the hospital and, as a result, was compelled to leave. He also claimed that he was pressured to falsely submit bills for his services to insurance companies. A federal court jury in Dallas found that Dr. Nasser had been discriminated against based on his religion and national origin and awarded him $438,000 in back pay and $3.2 million in other damages.

Source: Lexington Herald-Leader

Discrimination based on religion and national origin in the terms, conditions and opportunities of employment violates both federal and Kentucky state law. If you have suffered religious or national origin discrimination in your employment, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Family of Nurse Killed in Helicopter Crash to Receive $5.6 Million in Settlement

Mon, 31 May 2010 08:00:00 EST

The children of a flight nurse killed in a helicopter crash will receive $5.6 million in settlement of their suit. Sandra Pearson, aged 38 and a call nurse, was killed, along with several others, when the medical helicopter in which she was riding crashed southeast of Indianapolis in 2008. The National Transportation Safety Board determined that the crash was caused by a defective main rotor blade on the helicopter that was manufactured by Bell Helicopter Textron.

Source: Indianapolis Star

Lexington, Kentucky accident and personal injury lawyer Robert Abell represents individuals and famlies in personal injury and accident cases.

Unpaid Wages Suit Settled With Wal-Mart

Sat, 29 May 2010 08:00:00 EST

A suit for unpaid wages for former Wal-Mart employees in Oregon has been settled for $4 million. The suit claimed that workers leaving Wal-Mart's employ were not paid the wages they had earned including overtime and vested vacation pay.

Source: The Oregonian

Kentucky law requires that a former employee be paid all their earned wages within 14 days of their last work day or the next regular pay day, whichever is later. Vested vacation pay is considered part of earned wages under Kentucky law. If you have not been paid the wages that you have earned, contact Lexington, Kentucky overtime and wages lawyer Robert Abell at 859-254-7076.

Defense Contractor Whistleblower Files Wrongful Termination Suit

Fri, 28 May 2010 08:00:00 EST

A former employee of a defense contractor, Northside Machine Co. in Indianapolis, has filed a federal whistleblower suit claiming that he was fired for complaining about defective machine gun parts that he was ordered to approve. Andrew Pool claims that he was ordered to approve defective parts for machine guns to be supplied to U.S. troops, complained about and, as a result, was fired.

His lawsuit seeks reinstatement, lost wages and benefits and other damages.

Source: Business Week

Whistleblowers protect the public by reporting wrongdoing, fraud and other misconduct. If you have been retaliated against because of whisteblowing, contact Lexington Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Working Off the Clock & Through Meal Breaks Subject of CVS Overtime Suit

Thu, 27 May 2010 08:00:00 EST

Claims of working off the clock and through meal and rest breaks are the subject of a class action overtime lawsuit filed on behalf of present and former employees of the CVS drugstore chain. The lawsuit claims that CVS employees were required to work off the clock through a post-shift security check that usually took about 30 minutes and through meal and rest breaks. The lawsuit has been filed in federal district court for the Eastern District of New York.

Source: class actions in the news

Working off the clock and through meal or rest breaks can be a violation of both federal and Kentucky state overtime laws. If you have not been compensated for work you have performed, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

African-American Police Officer Files Race Discrimination Suit

Wed, 26 May 2010 08:00:00 EST

An African-American police officer has filed a race discrimination suit claiming on the job discrimination. Glendale, California police officer Tyrone Hunter claims that, on account of race, he was wrongly reassigned from a top narcotics investigative unit to patrol duties, given negative performance reviews to impede his advance in the department and subjected to racial slurs in the course of his employment.

Source: Los Angeles Times

If you have suffered race discrimination on your job, contact Lexington, Kentucky discrimnation lawyer Robert Abell at 859-254-7076.

Whistleblower Retaliation Suit Filed for Bank CFO

Fri, 21 May 2010 08:00:00 EST

A whistleblower retaliation lawsuit on behalf of the former Chief Financial Officer (CFO) of Tennessee Commerce Bancorp has been filed on his behalf by the federal Department of Labor. The suit claims that the former CFO, George Fort, was fired two years ago after he raised concerns of possible accounting rules violations. Fort claims that he raised questions about internal controls, possible falsification of reports and regarding a large sale of stock by the bank's CEO shortly before shareholders were informed that three of the bank's Board of Directors were resigning in protest over large executive pay raises and bonuses. The suit seeks $1.5 million in back pay and benefits and Fort's reinstatement of his old job.

Source: The Tennesseean

If you are a whistlblower and have suffered retaliation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Racial Harassment Suit Filed by Airport Workers

Fri, 21 May 2010 08:00:00 EST

Three African-American workers of an airport services company have filed a federal lawsuit claiming racial harassment and a hostile work environment. Following President Obama's election the employees, Kanon Dillard, Allen Eaden and Tracey Harris, state that a campaign of racial harassment by their supervisor was ramped up and included repeated use of racial slurs directed at them and black people in general as well as alleged jokes about use of a noose. The men were employed by Menzies Aviation in Houston.

Source: Houston Chronicle

Harassment and a hostile work environment based on race violate both federal and Kentucky state law. Learn more about this type of discrimination: Racial harassment and hostile work environment; what is it unlawful? and Racial Harassment and Hostile Work Environment.

Lexington, Kentucky discrimination lawyer Robert Abell represents employees in unlawful harassment and hostile work environment cases and can be contacted at 859-254-7076.

Sales Reps Win $3.36 Million Verdict In Sex Discrimination Case against Novartis

Tue, 18 May 2010 08:00:00 EST

Lesser pay and being passed over for promotion despite better qualifications was the basis for a class action sex discrimination lawsuit on behalf of female sales reps of the pharma giant, Novartis, as this blog reported earlier, "Sex Bias Suit Against Novartis Begins."

A jury has found Novartis liable for engaging in a pattern of sex discrimination against its female sales reps from 2002 to 2007 and returned a verdict of $3.36 million in compensatory damages for the class representatives, 12 former sales reps. The individual damage awards range from $50,000 to almost $600,000. The jury will consider punitive damages. About 5600 women that are part of the protected class will be able to apply to a special master for their compensation.

Source: New York Times

If you have been paid less than your peers or denied promotion despite your better qualifications because of your sex, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Restaurant Workers File Class Action Suit for Overtime

Mon, 17 May 2010 08:00:00 EST

A group of restaurant workers including cashiers, cooks and dishwashers have filed a class action lawsuit seeking overtime compensation. The class is thought to include somewhere between 50 and 100 employees of the restaurant chain, Pio Pio.

Source: Wall Street Journal

If you have not been paid the overtime compensation you have earned, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Health Care Workers Challenge Overtime Exemptions In Class Action

Sun, 16 May 2010 08:00:00 EST

Misclassification of employees as exempt from overtime is one of the most widespread and common violations of the Fair Labor Standards Act and Kentucky overtime law.

Health care workers including registered nurses, occupational therapists and physical therapists have filed a class action lawsuit seeking overtime, claiming that they were misclassified as exempt from overtime. The case has been filed in federal district court in New York and is styled Rindfleisch, et al. v. Gentiva Health Services, Inc, Case No. 2:10-cv-02111-JFB -ARL).

Source: Class Actions In the News

If you have not been paid the overtime compensation paid, contact Lexington, Kentuck overtime lawyer Robert Abell at 859-254-7076.

Nursing Home Death Results in $29.1 Million Verdict

Sun, 16 May 2010 08:00:00 EST

The death of a 79 year old woman at a nursing home has resulted in a $29.1 million verdict returned by a California jury. Frances Tanner died in 2005 at a nursing home owned by Horizon West Healthcare, Inc. in Sacramento. The verdict included $1.1 million in compensatory damages and $28 million in punitive damages, an assessment that included the jury's consideration of the company's profitability.

Source: New York Times

Lexington, Kentucky nursing home abuse lawyer Robert Abell represents individuals and families harmed by nursing home abuse and neglect.

Wages & Vacation Pay Suit Against Wal-Mart Settled

Sat, 15 May 2010 08:00:00 EST

Vested vacation pay is part of earned wages under Kentucky law. An employee in Kentucky must be paid their earned wages within 14 days of their last day worked or their next regular pay period whichever is later.

A class action lawsuit in California seeking unpaid overtime, wages and earned vacation pay has been settled for $86 million. This is one of many class action wage and overtime suits that Wal-Mart has settled the last few years.

Source: Bloomberg News

If you have not been paid the wages or overtime that you have earned, contact Lexington, Kentucky wages and overtime lawyer Robert Abell at 859-254-7076.

Fired VA Radiologist Claims Retaliation for Whistleblowing

Fri, 14 May 2010 08:00:00 EST

Whistleblowers protect the public by reporting wrongdoing and fraud. Whistleblowers have some protections under federal and Kentucky state law.

The former chief radiologist, Dr. Anna Chacko, at the VA hospital in Pittsburgh claims that she was fired because of her whistleblowing activities including her reports that (1) eight veterans were exposed to excessive radiation levels; (2) purchases of expensive and inferior equipment; and, (3) favoritism shown some doctors and employees who were permitted to come and go as they please.

Source: Pittsburgh Tribune-Review

If you are a whistleblower that has been retaliated against, Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Misclassified Managers Sue Dollar General for Overtime

Wed, 12 May 2010 08:00:00 EST

Dollar General store managers claiming they were misclassified as exempt from overtime have filed a class action lawsuit in Jacksonville, Florida. The managers claim that they are paid salaries but work 60 to 90 hours per week and spend only 5 - 10% on managerial duties. Dollar General store managers claiming they were misclassified as exempt from overtime have filed a class action lawsuit in Jacksonville, Florida. The managers claim that they are paid salaries but work 60 to 90 hours per week and spend only 5 - 10% on managerial duties.

Source: Boston Business Journal

Misclassification of employees as exempt from overtime is the most common violation of federal and Kentucky overtime pay laws. If you have not been paid overtime compensation due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Another class action lawsuit recovered $35 million in unpaid overtime as reported by Robert Abell on the Kentucky Employment Law Blog, "Overtime Case Yields $35 Million To Dollar General Store Managers."

Bank Sued for Investment Losses

Wed, 12 May 2010 08:00:00 EST

Investment losses of nearly $12 million have caused a suit against a bank for breach of fiduciary duty and fraudulent misrepresentation. An Iowa businessman, Greg Deman, claims that he placed the First American Bank and its wealth manager, Joe Heffernan, in charge of his companies' investments and that, as a result of breaches of fiduciary duty and fraudulent misrepresentations, lost $12 million. The lawsuit claims that the bank made investments that carried a higher-risk than were approved and then misrepresented the investments' status.

Source: Des Moines Register

Overtime & Wages Sought by Misclassified Independent Contractors

Wed, 12 May 2010 08:00:00 EST

Misclassification employees as exempt from overtime is a common violation of federal and Kentucky state wage and overtime compensation laws.

In a case going to trial in federal district court in Massachusetts, franchisees of Coverall North America, Inc. claim that they were misclassified as independent contractors while they were, in fact, employees that must be paid minimum wage and/or overtime as nonexempt employees. The case went forward after a ruling by a federal district judge William G. Young that the company had not established that the franchisees were independent contractors and that they were employees working in the company's essential business of cleaning buildings, notwithstanding that many had paid a franchise fee of up to $30,000.

Source: Wall Street Journal

If you believe that you have been misclassified as exempt from overtime, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Whistleblowers To Recover $45 Million

Wed, 12 May 2010 08:00:00 EST

Two whistleblowers will share $45 million recovered as a result of their whistleblowing regarding AstraZeneca's illegal marketing of a schizophrenia drug. The whistleblowers, a sales rep, James Wetta, and a psychiatrist, Stefan Kruszewski, sued AstraZeneca under the federal False Claims Act and claimed that the company had marketed the drug, Seroquel, for purposes for which it had not been approved by the FDA. The Justice Department joined their suit and it was settled for $520 million in April. Under the False Claims Act a whistleblower can receive a portion of the monies recovered or paid in settlement, usually about 15-25%.

Usually, settlements in drug cases under the False Claims Act regard reimbursement claims to Medicaid and other government programs for off-label uses that the government says were caused by illegal marketing.

Source: Bloomberg News

Lexington, Kentucky lawyer Robert Abell represents individuals in whistleblower and False Claims Act cases.

Worker At 3M Plant Electrocuted

Wed, 12 May 2010 08:00:00 EST

A worker at the 3M plant in Cynthiana, Kentucky who was electrocuted died on May 6, 2010, at UK hospital in Lexington, Kentucky. Tammy Landrum of Cynthiana, a wife and mother of two children, passed away after being electrocuted last week on the job.

Source: Lexington Herald-Leader

Sixteen American workers are killed each day on the job, see "16 American Workers Killed Each Day."

Bicyclist Awarded $2.9 Million for Neck Injuries

Tue, 11 May 2010 08:00:00 EST

A bicyclist has been awarded $2.9 million by a Hartford, Connecticut jury in compensation for her injuries caused by a defective bike path. Maribeth Blonski was injured when she struck a gate that had been negligently placed on a bike path and sustained four broken neck vertebrae.

Source: Hartford Courant

If you have been injured as a result of someone else's negligence or as a result of a defective bike path or lane, contact Lexington, Kentucky bicycle accident lawyer Robert Abell at 859-254-7076.

Police Officer Receives $375,000 For Injuries From Car Chase Crash

Tue, 11 May 2010 08:00:00 EST

Police officers involved in car chases cannot be reckless and cannot ignore unreasonable risks.

A police officer in Mississippi injured when his vehicle was crashed into by a car being chased by the police has been awarded $375,000 against the police department whose officers were doing the cherries for the injuries he sustained. Basil Thornton, a Richland, Mississippi, police officer when his personal vehicle was struck by a car being chased by Jackson police. He sustained numerous injuries including a fractured vertebra, a broken foot, ankle trauma, a concussion, lacerated facial muscles and other facial lacerations that left extensive scarring of his face and forehead. The judge that conducted the trial ruled that the police officers conducting the chase recklessly disregarded unreasonable risk.

Source: Jackson Clarion-Ledger

If you have been injured as a result of someone else's negligent or reckless operation of their vehicle, contact Lexington, Kentucky accident lawyer Robert Abell at 859-254-7076.

Claiming They Were Misclassified Managers Sue for Overtime

Tue, 11 May 2010 08:00:00 EST

Misclassification of employees as exempt from overtime is one of the most common violations of federal and Kentucky state overtime wage laws. The job title of manager does not mean that an employee is exempt from overtime pay requirements.

Store managers for Lush Cosmetics have filed a class action lawsuit in Florida for overtime compensation claiming that they were misclassified as exempt from overtime. Their suit claims that, while they had the job title of manager, they exercise practically no managerial authority and their real duties were actually that of a sales clerk or a customer service representative.

Source: Ft. Myers News-Press

Store managers for Dollar General won $35 million in unpaid overtime in a case upheld by a federal appeals court last year as reported by Robert Abell on the Kentucky Employment Law Blog, "Overtime Case Yields $35 Million To Dollar General Store Managers."

If you believe that you have been misclassified as exempt from overtime, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

I-75 Crash In Madison County Kills Michigan Woman

Mon, 10 May 2010 08:00:00 EST

A crash on I-75 in Madison County on Monday, May 10, 2010, where a tractor-trailer ran into a van has killed a Michigan woman. Kimberly Toton-Koslozski of Sterling Heights, Michigan was a passenger in a van that was struck by a tractor-trailer. Also injured in the collision were three other Michigan residents, Joan Kozloski, Jenna Koslozski and Jakob Stinson, all also from Sterling Heights.

Source: Lexington Herald-Leader

Lexington, Kentucky truck accident lawyer Robert Abell represents individuals and families injured or harmed in truck accident cases on Kentucky's interstates. He can be reached at 859-254-7076.

$40 Million Settlement in Another Unpaid Wages Suit Against Wal-Mart

Mon, 03 May 2010 08:00:00 EST

Requiring employees to work off the clock or through their required breaks violates both the federal Fair Labor Standards Act and Kentucky wage and hour law.

A class action lawsuit brought on behalf of Wal-Mart employees in Massachusetts to collect their unpaid wages has been settled for $40 million. This lawsuit, like other similar lawsuits filed around the country, claimed that Wal-Mart unlawfully required employees to work off the clock and/or through their required breaks. Settlements of other suits have been previously reported.

Source: Bloomberg News

If you have been forced to work off the clock or through your required meal or rest breaks, contact Lexington, Kentucky wages and overtime lawyer Robert Abell at 859-254-7076.

Epileptic Police Officer Awarded $225,000 for Disability Discrimination

Sat, 01 May 2010 08:00:00 EST

Discrimination based on a disability violates both the Americans With Disabilities Act and Kentucky law. Epilepsy can constitute a protected disability.

A police detective, William Blake, a detective in with the Baltimore County police department, suffered an epileptic seizure in 1996. Ten years later, after zero epileptic episodes in the 10 year interim, the police department ordered him to submit to neurological and fit-for-duty tests; this violated the Americans With Disabilities Act and constituted disability discrimination, his lawsuit claimed. A federal court jury found in his favor and its verdict included $225,000 in damages.

Source: Baltimore Sun

If you have been discriminated against based on a disability, contact Lexington, Kentucky disability discrimination lawyer Robert Abell at 859-254-7076.

Psoriatic Arthritis Covered by Americans With Disabilities Act, Court Rules

Mon, 26 Apr 2010 08:00:00 EST

Psoriatic arthritis that substantially limited a flight attendant's ability to walk constituted a disability covered by the Americans Wtih Disabilities Act the United States Court of Appeals for the Fifth Circuit has ruled in Carmona v. Southwest Airlines, No. 08-51175 (April 22, 2010).

If you have been discriminated against based on a disability, contact Lexington, Kentucky disability discrimination lawyer Robert Abell at 859-254-7076.

Former VP Sues JP Morgan Chase for Sex Discrimination

Sun, 25 Apr 2010 08:00:00 EST

Citing a "boy's club atmosphere," being passed over for a promotion for a lesser-qualified males, having her advancement and earning opportunities trimmed and her supervisor openly hostile to her family plans, a former vice-president has sued JP Morgan Chase for sex discrimination. Marie Dzanis, according to her lawsuit, advanced quickly after joining JP Morgan Chase in 2002 and one year later was responsible for 52% of the bank's nationwide wholesale sales and then was passed over for promotion to a national sales manager position in favor of a lesser qualified male. She also adds that her supervisor restricted her ability to gain business in the lucrative states of Florida, New Jersey and New York and became hostile when she revealed her family plans, suggesting that she become an "executive wife." Dzanis seeks $4 million plus in damages, lost wages and other compensation.

Source: Reuters

Both federal and Kentucky state law give men and women fair and equal opportunity to compete for whatever is worth competing for in the workplace. If you have been discriminated against based on your sex, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Two Killed in I-64 Crash in Bath County

Sun, 25 Apr 2010 08:00:00 EST

Two women, one from Ashland and one from Lexington, were killed Saturday, April 24, 2010, in a crash on 1-64 in Bath County, Kentucky. Debbie Samples of Lexington and Tessa Harris of Ashland were killed in the wreck; James Samples of Lexington was injured. The crash, according to a report, occurred when Harris's westbound car crossed the median and struck the Samples's eastbound vehicle.

Source: kentucky.com

"Subjected to Sexual Harassment for Several Years" Firefighter Files Suit

Thu, 22 Apr 2010 08:00:00 EST

"Subjected to Sexual Harassment for Several Years" Firefighter Files Suit

Thu, 22 Apr 2010 08:00:00 EST

Claiming that she has been subjected to sexual-harassment for several years and that she was retaliated against Ricci followed procedures and reported the wrongful conduct, Houston firefighter Jane Draycott has filed suit against the city. Her suit, says the Houston Chronicle, presents a "disturbing lawsuit that should never have come to pass." The paper further observes as follows: "The heart of the problem is an ingrained culture that will take more than money to fix."

Source: Houston Chronicle - "Excuse me ... A firefighter sues after years of complaints of harassment"

Learn more about what constitutes unlawful sexual harassment at the Kentucky Employment Law Blog by Robert Abell: When Does Sexual Harassment Become Unlawful?

Wage Class Action Lawsuit Over Hiring of Illegal Aliens Settles for $18 Million

Sun, 18 Apr 2010 08:00:00 EST

A class action lawsuit claiming that Mohawk Industries deflated wages by knowingly hiring undocumented aliens has settled for $18 million. The workers claimed that Mohawk Industries deflated wage levels by about 5% by knowingly hiring illegal and undocumented aliens. The class action lawsuit was brought under the Racketeer Influenced Corrupt Organizations Act (RICO) that allows for the tripling of damages. The workers received a major boost in 2008 when a federal appeals court certified the suit as a class action.

Source: law.com

If you have not been paid the wages or overtime due you, contact Lexington, Kentucky overime lawyer Robert Abell at 859-254-7076.

Drunk Driving Suit Settles for $2.255 Million

Sat, 17 Apr 2010 08:00:00 EST

A drunk driver and the bar that served her and then allowed her to drive off despite clear proof that she was intoxicated have settled a wrongful death lawsuit through their insurance companies for $2.255 million. Christine Miller got drunk at an O'Leary's Restaurant and Bar, was allowed to drive off and wound up killing four people and injuring another through drunk driving.

Source: St. Louis Post-Dispatch

If you or a family member has been injured by a drunk driver, contact Lexington, Kentucky accident attorney Robert Abell at 859-254-7076,

Hooters Targeted by Wage & Hour Lawsuits Over Tip Sharing & Promotional Work

Mon, 12 Apr 2010 08:00:00 EST

Unpaid wages and overtime compensation are sought in a series of class action lawsuits filed in California against Hooter's franchises. The suits claim that employees were shorted on their share of tips, were not paid for legally-required meal and rest breaks, were not paid adequately for the wages earned for working at promotional events and that required uniforms were not paid for by the employer. The suits were filed in California state court in Alameda, Los Angeles and Sacramento.

Source: New York Times

If you have not been paid the wages or overtime compensation you have earned, contact Lexington, Kentucky overtime and wages lawyer Robert Abell at 859-254-7076.

Workers Sue over Plant Explosion

Sat, 10 Apr 2010 08:00:00 EST

Workers at a North Carolina plant have filed suit against a number of design, manufacturing and installation firms they claim responsible for an explosion at the plant last year. Four workers at the Garner, North Carolina ConAgra plant were killed last summer in a gas line explosion. The injured workers also filed suit against the city building inspector, alleging a failure to properly inspect the installation of the gas line a commercial water heater.

Source: SunTimes.com

$6.5 Million Verdict for Police Officer for Wrongful Termination

Fri, 09 Apr 2010 08:00:00 EST

A police officer in Kansas City won a $6.5 million verdict in a wrongful termination lawsuit. Police officer Danny Holmes was made a scapegoat for a botched murder investigation in 2003. The jury found for office or home on all three of his claims including that he was fired in part based on race discrimination. The jury awarded more than three times what was requested for lost wages and retirement benefits.

Source: Kansas City Star

Sex Bias Suit Against Novartis Begins

Thu, 08 Apr 2010 08:00:00 EST

Lesser pay and being passed over for promotion despite better qualifications drives a class action sex discrimination lawsuit on behalf of female salespersons of the pharma giant, Novartis, that went to trial on Wednesday, April 7. The suit seeks $200 million plus in damages on behalf of over 5,600 female sales persons.

One woman's sworn statement reports that her Novartis manager told her he preferred not to hire young women, saying, "First comes love, then comes marriage, then comes flex time and a baby carriage."

Source: New York Times

If you have been passed over for a promotion or paid less because of sex discrimination, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

$30.3 Million Asbestos Exposure Award Affirmed

Wed, 07 Apr 2010 08:00:00 EST

Mesothelioma is caused by exposure to asbestos. The New Jersey Supreme Court affirmed a jury verdict returned in favor of a family of a 50-year-old advertising executive in New Jersey, who died one year after being diagnosed with mesothelioma. Mark Bittita had two sources of asbestos exposure: (1) he worked summers and holidays while a college student at a General Motors warehouse handling auto parts; and, (2) his father also worked at a General Motors plant in carried home asbestos fibers on his clothing.

The damages were awarded by a jury as follows: $8 million for pain and suffering; $2 million to his wife for loss of consortium with her husband; $9,281,660 for lost future earnings; $2,030,544 for loss of services; and 3 million to each of his daughters for loss of their father.

Source: law.com

Robert Abell has previously represented individuals harmed by asbestos through direct exposure in their workplace and their family members indirectly exposed when asbestos fibers were brought home on the work clothes. See Asbestos Exposure - Perkins v. Serv-Air; Amended Complaint for Workers and Families Exposed to Asbestos.

Water District Manager Files Whistleblower Suit

Mon, 05 Apr 2010 08:00:00 EST

After discovering that a Chicago-area water district had fabricated its water testing reports for years and reporting the fabrications to the EPA, Anthony Sacco was fired after over 30 years employment. Anthony Sacco claims in the whistleblower lawsuit he has filed that the water district's log books had been altered to show water quality testing had been done when it had not and that they showed testing sites had been used that did not exist.

Source: Chicago Tribune

Public or government employees in Kentucky have whistleblowing protections under the Kentucky Whistleblower Act, which is chockful of legalese but which makes it unlawful for an "employer" to

retaliate "in any manner whatsoever" against any employee who in good faith reports to "any law enforcement agency or its employees, or any other appropriate body or authority, any facts or information relative to an actual or suspected violation of any law, statute, executive order, administrative regulation, mandate, rule, or ordinance of the United States, the Commonwealth of Kentucky, or any of its political subdivisions, or any facts or information relative to actual or suspected mismanagement, waste, fraud, abuse of authority, or a substantial and specific danger to public health or safety." Kentucky Revised Statute sec. 61.102.

Private company employees have some protections under a number of different laws in certain situations.

Robert L. Abell has represented a number of government or public and private company employees in cases where their rights have been violated or they have been fired on account of their good-faith whistleblowing activity. Contact Robert Abell Law in Lexington, Kentucky at 859-254-7076.

Scientist Awarded $1.4 Million In Safety Whistleblower Case

Mon, 05 Apr 2010 08:00:00 EST

A biologist, who claimed that she was sickened by a genetically-engineered virus created in her lab and that she was later fired for reporting her safety concerns, was awarded $1.37 million by a federal court jury in Hartford, which found that her firing violated free speech and whistleblower laws. Becky McClain, the scientist, was employed by Pfizer from 1996 to 2005. She claimed that she acquired a paralyzing illness from a virus maintained by a co-worker.

Source: New York Times

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

Briar Hill Road Crash Kills Nurse

Mon, 05 Apr 2010 08:00:00 EST

A vehicle accident on Briar Hill Road early Monday, April 5, killed Vicki Hutchison, a nurse from Clark County on her way to work at University of Kentucky Medical Center. Another vehicle drifted across the center line and struck Ms. Hutchison's Chevy Trailblazer head-on according to Lexington police. The wreck happened about 6:30 p.m.

Source: Lexington Herald-Leader

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

Financial Advisors Sue Over Sex Discrimination

Sun, 04 Apr 2010 08:00:00 EST

Unequal pay and bonuses, unequal opportunities for professaional development and advancement and a different set of rules for female and male financial advisors underlie a sex discrimination lawsuit filed by three women financial advisors against Bank of America and Merrill Lynch. The suit, which was filed in U.S. District Court in Brooklyn, seeks back pay, damages and class action status.

Here's the essence of both federal and Kentucky gender discrimination laws: "employees [have] the statutory right to compete on an equal basis without regard to gender for anything worth competing over."

Source: New York Times

Georgetown Man Killed In Accident on US 460

Sun, 04 Apr 2010 08:00:00 EST

A Georgetown man, Glenn Bussell, was killed Saturday afternoon, April 3, 2010, in a car accident on US 460 near the intersection with Canewood Boulevard in Scott County. Four cars were reported to have been involved in the crash.

Source: kentucky.com

Working Off the Clock Leads to City Employees File Class Action Overtime Suit

Tue, 30 Mar 2010 08:00:00 EST

Administrative employees of Houston's transit agency have filed a class action lawsuit seeking unpaid overtime compensation. The employees, who worked in administrative and clerical positions, claim that they were forced to work off-the-clock.

Source: Houston Chronicle

Both the federal Fair Labor Standards Act and Kentucky wage and hour law, KRS Chapter 338, require that nonexempt employees be paid overtime compensation for all hours worked greater than 40 in a workweek.

If you believe you have not been paid overtime compensation due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Female Police Officer Claims Sex Discrimination In Promotion Decision

Mon, 29 Mar 2010 08:00:00 EST

A female 22-year veteran of the Louisiana State University police department has filed suit claiming that sex discrimination is the reason she was not promoted to chief of the university police department. Maj. Martha Helen Haire claims that she was better qualified than the male selected for the chief's position, noting that she holds both bachelor's and master's degrees. Although LSU identified a college degree as part of the position's minimum qualifications when it initially posted the job opening, it made a male, Lawrence Rabelais, the interim pending his completion of the degree requirements and then permanently awarded him the position. Shortly before being named the permanent chief, Rabelais gave Haire, according to her lawsuit, her lowest performance evaluation in 22 years and alleged that she lacked the technical skills and know-how for the job she had performed for more than two decades.

Source: The State Advocate

If you believe you have been denied a promotion because of discrimination, contact Lexington, Kentucky discrimination lawyer Robert Abell at 859-254-7076.

Police Department Whistleblowers File Suit

Sat, 27 Mar 2010 08:00:00 EST

Two Denver, Colorado area police officers have filed suit claiming that they have suffered retaliation on account of their whistleblowing report about an alleged crooked cop involved in a large marijuana investigation. The officers, Daniel Joyce and Robert Lopez, were members of a joint drug enforcement task force who complained about possible corruption within the task force. They subsequently cooperated and assisted investigators from the DEA, IRS and other agencies. They claim in their lawsuit that they were then retaliated against by their police departments as follows: they were directed not to further cooperate with the DEA, were reprimanded without any sound basis or reason, were given unrealistic performance goals and were removed from the task force.

Source: Denver Post

If you have engaged in good faith whistleblowing activity and suffered retaliation, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

Hart County Crash On 1-65 Kills Eleven

Fri, 26 Mar 2010 08:00:00 EST

A terrible, terrible crash near Munfordville in Hart County on I-65 has killed eleven people early Friday morning, March 26, 2010, according to a report on Kentucky.com. Apparently a southbound tractor-trailer crossed the median striking a northbound van killing its occupants and causing the tractor-trailer to explode into flames that apparently killed its driver too. Northbound I-65 was closed early Friday morning according to the Kentucky State police.

Kentucky Whistleblower Act Applies to Cities

Mon, 15 Mar 2010 08:00:00 EST

Employees of cities and municipalities are protected by the Kentucky Whistleblower Act, the United States Court of Appeals ruled March 15, 2010, in Melvin Kindle, et al vs. City of Jeffersontown, Kentucky. To read a copy of the court's opinion click here.

The employees of Jeffersontown's police department, Melvin Kindle, Brad Silveria and Dee Handy were represented by Lexington, Kentucky whistleblower lawyer Robert Abell. Read a copy of their main brief and their reply brief filed by Robert Abell on their behalf in the appeals court.

$12 Million Settlement In Wal-Mart Discrimination Suit

Sat, 13 Mar 2010 08:00:00 EST

Men and women job applicants must be given fair and equal opportunity in the hiring process based on their qualifications and experience. Wal-Mart violated equal employment opportunity law in failing to do this at one of its distribution centers in Eastern Kentucky. A $12 million settlement has been reached in this gender discrimination suit, which claimed that Wal-Mart routinely hired 18 to 25-year-old man ahead of equally well-qualified women informed female applicants that they were not suitable for the job. The $12 million settlement will be divided among those job applicants that suffered discrimination between 1998 and 2005.

Source: New York Times

If you believe that you have suffered discrimination in hiring or promotion process, contact Lexington, Kentucky employment lawyer Robert Abell at 859-254-7076.

USERRA Suit Settled By Reservist

Tue, 09 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

Mon, 08 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

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

Thu, 04 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

Wed, 03 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

If you believe that you have been misclassified and denied overtime owed you call Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

Whistleblower Suit Settles for $15.4 Million

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

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

Sun, 21 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

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

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

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

If you have not been paid the overtime compensation you have earned, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

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

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

Tue, 09 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

Mon, 08 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

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

Wed, 27 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

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

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

Mon, 11 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.

Cell-Phone Related Crash Results In $1.5 Million Settlement

Sat, 09 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.

Glass Ceiling Sex Discrimination Suit Settles for $19 Million

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.

FDA Whistleblowers Sue Agency For Monitoring Their Private E-Mails

Tue, 31 Jan 2012 08:00:00 EST

Whistleblowing doctors and scientists from the FDA have sued the agency for monitoring their private email accounts. According to the lawsuit, the FDA began monitoring the email accounts in 2007 after the doctors and scientists began informing Congress that the FDA was intending to approve inadequate cancer-detecting devices. The email accounts were the staffers' private Gmail accounts which they accessed by using the FDA computers at work. The Washington Post reports on the suit: "FDA Staffers Sue Agency Over Monitoring Personal E-Mails."

Ovarian Cancer Drug Doxil Shortage To Ease By End of 2012 J & J Claims

Mon, 30 Jan 2012 08:00:00 EST

The long-running shortage of the ovarian cancer drug Doxil should ease by the end of 2012 says Johnson & Johnson, according to a report in the St. Paul Pioneer Press, "As Shortages Increase, Drugmakers Feel the Heat."

Pilot Fired After Reporting Mechanical Problems Ordered Reinstated

Thu, 19 Jan 2012 08:00:00 EST

An Air Tran pilot, who was fired after an uptick in his reports of mechanical problems, has been found to be a protected whistleblower. OSHA has ordered that he be reinstated to employment and paid approximately $1 million in back pay.

Source: Bloomberg News

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (commonly known as "AIR21") makes it unlawful for an air carrier to retaliate or discriminate against an employee that reports either to the employer or to the federal government "information relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air carrier safety."

All the Upper Big Branch Coal Mine Cases Have Settled

Wed, 18 Jan 2012 08:00:00 EST

Families for 13 of the coal miners killed in the Upper Big Branch coal mine disaster have settled their lawsuits, meaning that all 29 of the families of the miners killed at Upper Big Branch coal mine in West Virginia on April 5, 2010. The Charleston Gazette reports: Families Settle All Lawsuits From Upper Big Branch Mine Disaster.

Marketing Fraud Suit Involving Risperdal Goes To Trial

Tue, 17 Jan 2012 08:00:00 EST

A whistleblower suit against Johnson & Johnson claiming that it fraudulently and deceptively marketed the drug Risperdal has gone to trial in Texas. The whistleblower, Allen Jones, and the Texas Attorney General claim that J & J plundered Texas's Medicaid program by making false statements about the effectiveness, cost and safety of Risperdal.

In previous cases, a South Carolina jury found that J & J had defrauded that state's Medicaid program of $327 million, a Louisiana jury similarly found and its verdict was $258 million.

Portland, Oregon station KGW-TV posted an excellent story on the case: Texas Suit Against J & J Over Drug Goes to Trial.

Lobbyists Swarm To Weaken Whistleblower Law

Mon, 16 Jan 2012 08:00:00 EST

Lobbyists and the U.S. Chamber of Commerce are swarming the U.S. House of Representatives in a money-fueled effort to weaken whistleblower protections and make it easier for large corporations to hide fraud and other wrongdoing. Americans for Financial Reform and other groups including the AFL-CIO union are trying to stop the whistleblower law from being weakened. Read more at the Influence Alley blog in the National Journal: Whistleblower Bill Draws Lobbyists.

Church Ministers Not Protected by Anti-Discrimination Law

Thu, 12 Jan 2012 08:00:00 EST

Church ministers are not protected by federal anti-discrimination laws the Supreme Court has ruled unanimously in Hosanna-Tabor Evangelical Lutheran Church v. EEOC. The ruling applies to ministers not all church employees, although the Court gave little guidance as to who is a "minister" and who is just a church employee. You can read further about the case: Supreme Court: Discrimination Laws Do Not Protect Certain Employees of Religious Groups in the Washington Post, Religious Groups Given Exception to Work Bias Law in the New York Times, and Court: Certain Religious Employees Can't Sue for Job Bias in USA Today.

Federal Appeals Court Reverses Itself In Race Bias Case Against Tyson

Fri, 06 Jan 2012 08:00:00 EST

In the latest, perhaps the last, episode in a long-running race bias case against Tyson Foods, the Eleventh Circuit Court of Appeals reversed itself recently and recognized that calling a grown black man "boy" can be considered evidence of racial bias and animosity. Adam Liptak discusses the case in the New York Times: Rare But Grudging Judicial About-Face In Bias Case.

Retired Players Sue NFL Over Concussions

Fri, 30 Dec 2011 08:00:00 EST

Over a dozen lawsuits have been filed by former players claiming that the NFL did not fairly inform them of the long-term dangers of concussions sustained while playing. The cases certainly face substantial legal barriers but also pose a serious challenge to the game, as Ken Belson discusses in this New York Times article: For NFL, Concussion Suits May Be Test for Sport Itself.

Do Insurance Companies Create Crises to Boost Profits?

Fri, 23 Dec 2011 08:00:00 EST

A new study issued by Americans for Insurance Reform, Repeat Offenders: How Insurance Companies Create Crises and Harm America argues that insurance companies periodically create insurance premium crises as a means to boost their profits and generate political support for limiting victims of wrongdoing to recover compensation for their injuries and damages.

Upper Big Branch Coal Miner Deaths "Entirely Preventable"

Wed, 07 Dec 2011 08:00:00 EST

The deaths of 29 coal miners at the Upper Big Branch coal mine in West Virginia owned by Massey Energy were "entirely preventable" according to a report issued by the Mine Safety and Health Administration. The exhaustive report concluded as follows:

Massey routinely ignored obvious safety hazards and let conditions develop that allowed a small methane ignition to propagate into a massive coal dust explosion," the MSHA report said. "The tragic deaths of 29 miners and serious injuries to two others at Upper Big Branch were entirely preventable.

Read the report of the Mine Safety and Health Administration.

ESPN's Erin Andrews Files Invasion of Privacy Lawsuit in Nashville

Tue, 06 Dec 2011 08:00:00 EST

ESPN sportscaster Erin Andrews was filed a multi-million dollar invasion of privacy lawsuit against the West End Marriott in Nashville and Michael Barrett, an Illinois man that stalked the popular sideline reporter and secretly videotaped her in her hotel room. Barrett secretly videotaped Andrews while she changed her clothes in her room; he was sentenced to 2 1/2 years in federal prison in 2010.

Source: The Tennesseean

Coal Companies Sued Over Flood Damages

Tue, 29 Nov 2011 08:00:00 EST

49 residents in the Middlesboro, Kentucky area have sued nine coal companies over flood damage done to their property and belongings in June. The lawsuit claims that the coal companies' mining activities and failure to follow rules about maintaining the capacity of run-off ponds and vegetation growing on reclaimed areas caused the damages. The coal companies sued are Apollo Fuels, Bell County Coal, Strata Mining, Twin Star Coal, C&L Highwall Mining Partnership, LC&C Energy, T&T Energy, Stony Fork Mining and Tackett Creek Mining.

Source: Lexington Herald-Leader

Traffic Fatalities Down In Kentucky Over Thanksgiving Holidays

Tue, 29 Nov 2011 08:00:00 EST

The number of traffic fatalities in Kentucky was down sharply in 2011 from 2010, going down from 9 to 2, which were in Fayette and Mercer counties. Traffic fatalities in Kentucky in 2011 are down overall from 2010.

Source: Lexington Herald-Leader
Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured in auto accidents; contact him at 859-254-7076.

Supreme Court To Decide Whether Drug Sales Reps Are Entitled to Overtime Pay

Tue, 29 Nov 2011 08:00:00 EST

The United States Supreme Court will decide whether drug company sales reps are entitled to overtime pay or are exempt under the outside sales exemption. The case is Christopher v. SmithKline Beecham. A federal appeals court ruled that the sales reps were not entitled to overtime pay and were exempt under the outside sales exemption.

Source: Bloomberg News

Other courts have ruled that the reps are entitled to overtime because they did not actually complete any sales and a number of class action lawsuits have been filed on behalf of the sales reps as previously reported on this blog: Drug Sales Reps File Class Action Suit for Unpaid Overtime, Pharmaceutical Sales Reps Not Exempt from Overtime Requirements, Court Rules.

Federal Judge Praises Attorneys In Class Action Settlement

Mon, 21 Nov 2011 08:00:00 EST

Calling the resolution of a class action a "model for the nation" U.S. District Judge lavished praise on the class action lawyers -- both plaintiffs' and defense -- for their work. Here's a sampling of Judge Bennett's praise:

This case is a model for the nation that class actions can, indeed, work exactly as Congress and the federal courts intended-though they so rarely do. And while I would like to take some credit, even a scintilla of it, for the über-efficient way that this case proceeded from filing to settlement, that would be a fraud. Against all conventional wisdom that federal trial court judges must be very aggressive, hands-on case managers,I-after a modest nudge at our first conference-simply got out of the way of these superb lawyers and let them practice their craft, precisely the way it is intended. They placed their clients' best interests light years ahead of their own, which is exactly the way the practice of law is supposed to work, but, as we all know, so seldom does, especially in class actions.

In more than thirty-six years of lawyering and judging, I have never been prouder to be a lawyer/judge than when I observed the lawyers in this case plying their chosen craft. This case has been to me what it was like when I stood before da Vinci's Mona Lisa and Michelangelo's David, observing the great masters' works. I was overcome with a rare and gargantuan sense of awe that will likely last a lifetime.

The case is In re: Iowa Ready-Mix Concrete Antitrust Litigation, U.S. District Court, N.D. Iowa. No. C-10-4038-MWB.

Lawsuits To Follow From Penn State Sex Abuse Scandal

Sun, 13 Nov 2011 08:00:00 EST

A number of legal options exist for the sex abuse victims at Penn State as are discussed in this article in the Daily Beast: Penn State To Get Hit With Civil Lawsuits.

Senate Looks To Slash Federal Workers Compensation Benefits

Sat, 12 Nov 2011 08:00:00 EST

The United States Senate led by Senator Joe Lieberman of Connecticut and Senator Susan Collins of Maine is looking to slash federal workers compensation benefits reports Dave Jamieson in the Huffington Post: Workers' Comp: Senators Look To Slash Benefits For Disabled Civil Servants.

Worker's Death Leads To $217,000 OSHA Fine

Mon, 07 Nov 2011 08:00:00 EST

The Occupational Health & Safety Administration (OSHA) has fined a Kansas company, Quinter Plastics, $217,000 related to an incident last year in which worker, Mike Wente, was crushed to death by a huge plastics forming machine.

Source: Columbus, Indiana Republic

Every day in the United States 16 workers are killed on the job; watch: 16 Deaths Per Day

Will workers comp cover you if you're injured on the job?

Fri, 04 Nov 2011 08:00:00 EST

Will workers comp cover you if you're injured on the job? The Las Vegas Review Journal examines some holes in workers compensation coverage: Workers Comp Problems.

Most Kentucky work injuries do not result in some major problem with coverage under workers compensation insurance. Even better most do not include any injury severe enough to raise a problem. But sometimes problems arise or the injury is severe and lasting enough for a claim.

Here's some more answers to questions about Kentucky workers compensation:

What do I do if I'm hurt on the job in Kentucky?

How long do I have to report a workers compensation injury in Kentucky?

Can I choose my own doctor to treat my work injury under Kentucky workers compensation law?

What are temporary total disability (TTD) benefits under Kentucky workers compensation?

How many days of work do I have to miss before I can get Kentucky workers compensation temporary total disability (TTD) benefits?

GE Monogram Pro Rangetops Recalled

Wed, 02 Nov 2011 08:00:00 EST

470 GE Monogram Pro Rangetops with grills have been recalled, according to the Consumer Protection & Safety Commission, on account of an explosion risk.

Source: Orlando Sentinel

Shortage of Chemotherapy Drugs Threatens Cancer Patients

Wed, 19 Oct 2011 08:00:00 EST

A shortage of chemotherapy and other drugs poses dire threats to patients leaving doctors to ration treatments, delay treatment and look for alternatives. Among the chemotherapy drugs in short supply is Doxil. Read here the FDA's current list of medications in short or non-supply. The reason for these shortages is the profit margin on the drugs is lower than on others, according to a story in Salon by Mary Elizabeth Williams, "The Death Panels Are Already Here."

Facebook Illegally Tracking Users On Internet, Suit Claims

Tue, 11 Oct 2011 08:00:00 EST

Facebook unlawfully tracks and monitors its users Internet browsing a lawsuit filed in Austin, Texas claims. The suit claims that a federal wiretap statute is violated by tracking "cookies" that Facebook uses to follow a subscriber's Internet browsing history.

Source: Austin American-Statesman

Independent Contractor: How Employers Evade Workers Compensation & Overtime Laws

Sat, 08 Oct 2011 08:00:00 EST

"Independent contractor" -- misclassifying employees as an "independent contractor" is a widely used ruse to evade paying overtime and workers compensation benefits required by law as reported by Andrew Leonard in this article: Employers' New Ruse: "Independent Contractor."

Employers are required to pay employees a minimum wage and overtime for hours worked more than 40 in a week, but these requirements do not apply to an "independent contractor."

Likewise, employers are required to have Kentucky workers compensation insurance coverage for their employees, but they have no such obligation as to an "independent contractor."

A Department of Labor study in 2000 found that about 30% of employers misclassified employees as independent contractors.

States, Labor Department & IRS To Cooperate on Wage & Overtime Enforcement

Thu, 22 Sep 2011 08:00:00 EST

The federal Department of Labor, the IRS and nine states have announced a new cooperative initiative to improve enforcement of wage and overtime law requirements. The nine states cooperating include Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Missouri, Montana, Utah and Washington. Particular focus will be on the following industries: hotel, restaurant, janitorial, health care and day care industries. Read more in the Washington Post, Labor Dept. working with IRS, states to crack down on employee wage violations.

Cellphone Use by Truckers Should Be Outlawed, Lexington Herald-Leader Urges

Thu, 22 Sep 2011 08:00:00 EST

The Lexington Herald-Leader offers a persuasive editorial for outlawing cell phone use by interstate truckers: Ban Cellphone Use by Truckers.

Insurance Company Gave Millions to Illinois Supreme Court Justice

Fri, 16 Sep 2011 08:00:00 EST

Lawyers representing consumers and policyholders have filed papers claiming that State Farm Insurance Company and affilated others funneled from $2.5 to $4 million to the Illinois Supreme Court campaign of Justice Lloyd Karmeier in 2004. In August 2005, Justice Karmeier cast the deciding vote in the insurance company's favor vacating a billion dollar verdict and judgement that State Farm had defrauded its policyholders by use of inferior replacement parts. Justice Karmeier refused requests that he recuse himself from the case back at the time. Read further in the Chicago Tribune, Group's appeal questions Illinois high court justice's fairness, citing campaign contributions.

Are Insurance Adjusters Entitled to Overtime Compensation?

Thu, 15 Sep 2011 08:00:00 EST

The California Supreme Court will decide whether insurance adjusters are entitled to overtime compensation under California law in three cases before it, Harris v. Liberty Mutual Insurance Company, Hodge v. Aon Insurance Services and Pelligrino v. Robert Half International. Although the case just raises an issue of California law, it will be influential as to whether insurance adjusters employed in other states are entitled to overtime compensation.

Source: Insurance News

Lexington, Kentucky overtime lawyer Robert Abell represents employees seeking the overtime compensation owed them; contact him at 859-254-7076.

Story of a Courageous Kentucky Coal Miner

Wed, 14 Sep 2011 08:00:00 EST

The Huffington Post today reports on one of Kentucky's shining lights, coal miner Charles Scott Howard, "The Miner Who Took On Big Coal."

Humana Denies 39% of Kentuckians' Applications for Health Insurance

Tue, 13 Sep 2011 08:00:00 EST

According to data provided by Human to the U.S. Department of Health and Human Services, Humana rejects 39% of the applications it receives from Kentuckians for individual health insurance.

Source: USA Today

Lexington, Kentucky insurance lawyer Robert Abell represents claimants against insurance companies; contact him at 859-254-7076.

United Healthcare Denies 43% of Kentuckians' Applications for Health Insurance

Mon, 12 Sep 2011 08:00:00 EST

United Healthcare turns down 43% of the applications for individual health insurance that it receives from Kentuckians according to information provided by the insurance company to the U.S. Department of Health and Human Services.

Source: USA Today

Lexington, Kentucky insurance lawyer Robert Abell represents claimants against insurance companies, contact him at 859-254-7076.

Driver That Hit Bicyclist In Fatal Accident Charged

Sun, 11 Sep 2011 08:00:00 EST

The driver of a vehicle that hit a bicyclist in Spencer County last September has been charged with second-degree manslaughter by a grand jury. Daryl Fogel struck a bicycle ridden by Paul Pegram on Ky. 148.

Source: Lexington Herald-Leader

GPS Data Useful to Prove Cause of Bicycle Crashes

Thu, 08 Sep 2011 08:00:00 EST

The New York Times reports on the usefulness of GPS data to prove the cause of some bicycle accidents, Bike Crash Wiped Details; GPS Data Filled Them In.

Lexington, Kentucky bicycle accident lawyer Robert Abell represents bicyclists injured due to the negligence of others; contact him at 859-254-7076.

Workplace Deaths Down in 2010 from 2009

Tue, 06 Sep 2011 08:00:00 EST

Workplace deaths were down slightly in 2010 as compared to 2009. According to the Bureau of Labor Statistics, there were 4,547 workplace deaths in 2010, four fewer than the 4551 recorded in 2009. There were approximately 14,000 workplace deaths in 1970, the year the Occupational Safety & Health Admininstration (OSHA) was created.

Source: Business Journals

Lexington, Kentucky work injury lawyer Robert Abell represents individuals in Kentucky workers compensation cases; contact him at 859-254-7076.

Every day in the United States 16 workers are killed on the job; watch 16 Deaths Per Day

$35 Million Offered by Massey Energy to Settle Coal Slurry Suit

Wed, 10 Aug 2011 08:00:00 EST

Giant coal company Massey Energy has offered $35 million to settle a case claiming that it poisoned drinking water by coal slurry runoff. Coal slurry is created by washing coal to make it burn better; the suit claims that the slurry was not properly contained and poisoned the claimants' drinking waters causing cancer, learning disabilities and other illnesses. The $35 million is in addition to $5 million previously offered.

Source: Washington Post

$3.2 Million Sexual Harassment Verdict Against Former Judge

Mon, 25 Jul 2011 08:00:00 EST

Three women have won a $3.2 million verdict in a sexual harassment suit against a former Texas judge. The former judge, James Blackstock, of Brazoria County, Texas had been the subject of sexual harassment reports going back to 1993. One of the women, Mikki Kalina, a juvenile probation officer, testified that Judge Blackstock, sexually fondled, groped and propositioned her for over a year before she overcame her fear of the judge and his position. When she came forward, many other women did likewise. Kalina and the other two women in the suit, were each awarded $1 million in punitive damages.

Source: KRTK-TV Houston

Lexington, Kentucky sexual harassment lawyer represents individuals in sexual harassment and hostile work environment cases; contact him at 859-254-7076.

Coal Mine Safety Whistleblower Protection Act

Mon, 04 Jul 2011 08:00:00 EST

A Coal Mine Safety Whistleblower Protection Act is needed given the recent reports of intentional coal mine safety violations by Massey Coal Company that led to the death of 29 coal miners at the Upper Big Branch mine says the Lexington Herald-Leader, "Pass Law To Protect Mining Whistleblowers."

Read the Comment by Robert Abell.

"Hot Coffee": A Must-See Movie

Thu, 30 Jun 2011 08:00:00 EST

For all those interested in the ability of ordinary, hard-working, rule-abiding Americans to get justice in a courtroom, "Hot Coffee" a documentary to be shown on HBO and HBO2 this month is a must-see. The movie-maker, Susan Saladoff, is a lawyer from Oregon who represented individuals and families injured by the intentional wrong-doing of others before changing careers and becoming a filmmaker.

Source: Texas Lawyer

See the trailer for "Hot Coffee."

Bill Limiting Damages for Medical Malpractice Vetoed

Tue, 28 Jun 2011 08:00:00 EST

North Carolina Governor Bev Perdue vetoed a bill that limited damages for persons catastrophically injured by medical malpractice and explained her veto as reported by the Greensboro News-Record Capital Beat blog as follows:

"We can achieve real medical malpractice reform as well. I commend the legislature for addressing this important issue but, in its current form, the bill is unbalanced. I urge legislators to modify the bill when the General Assembly returns in July to protect those who are catastrophically injured. Once the bill is revised to adequately protect those that are catastrophically injured, I will proudly sign it into law. I pledge to continue working with the General Assembly to achieve a comprehensive, bipartisan consensus."

Really, there is no reasoned response to the Governor Perdue's veto. Proponents of limiting damages for those catastrophically injured by medical malpractice usually advance the false argument that frivolous lawsuits are driving up healthcare costs for everyone, which on its face, makes no sense. Since no money is paid out for a frivolous lawsuit, it is impossible for a frivolous lawsuit to drive up costs across the board for everyone in any calculable way. The filing of frivolous lawsuits is not deterred by limiting damages to those catastrophically injured by true, actual medical malpractice. Limiting damages to those catastrophically injured by medical malpractice shifts actual financial reponsibility for the injuries from the wrongdoers to the public at large, who are then obliged to maintain the catastrophically injured patient through social welfare benefits, Medicaid, Medicare and/or Social Security Disability Benefits being the most obvious examples, while the actual wrongdoer, the person's whose medical malpractice caused the catastrophic injuries gets off easy with limited liability. Medical malpractice reform like tort reform in general erodes and limits responsibility for wrongdoing while increasing the public role in maintaining our fellow and catastrophically injured citizens.

Lexington, Kentucky injury lawyer Robert Abell represents persons injured by the negligence of others; contact him at 859-254-7076.

Americans Working Harder & Better, Earning Less

Tue, 21 Jun 2011 08:00:00 EST

Are Americans working not just harder but better? Are they, nonetheless, on the whole making less? Is there a growing inequality in America? An interesting take on these questions is presented by the Mother Jones magazine: Overworked America: 12 Charts That Will Make Your Blood Boil. No wonder -- with a tip of the hat to Merle Haggard -- so many sing the Workingman Blues.

Medicare Saves Us Money

Mon, 13 Jun 2011 08:00:00 EST

Recent proposals to privatize Medicare and to increase the Medicare eligibility age will increase our Nation's health care costs. Paul Krugman explains in the New York Times how Medicare saves health care spending: "Medicare Saves Money."

Police Officer Wins $1.16 Million Verdict in Retaliation Case

Mon, 30 May 2011 08:00:00 EST

A Los Angeles police officer won a jury verdict awarding him $1.16 million for unlawful retaliation. Sgt. Ronald Crump claimed that he was reassigned and his career derailed after he complained of mistreatment by his supervisor.

Source: San Jose Mercury-News

Lexington, Kentucky discrimination and retaliation lawyer represents employees unlawfully discriminated or retaliated against; contact him at 859-254-7076.

Robert Abell has represented a number of police officers in discrimination and retaliation cases: see Sex Discrimination & Retaliation Complaint - Massarone v. Lexington-Fayette Urban County Government; Sex Discrimination, Retaliation & Aiding and Abetting Discrimination Amended Complaint - Massarone v. Lexington-Fayette Urban County Government ; Sex Discrimination & Retaliation - Massarone v. Lexington-Fayette Urban County Government - "Lawsuit Naming Walsh Settled"; Bastin v. University of Kentucky - "KSU's New Interim Police Chief Is Suing UK"; Lexington Herald-Leader.

Injury Suit Arising from Police Car Crash Settled for $650,000

Sun, 29 May 2011 08:00:00 EST

A police car in Seattle crashed into another car causing severe injuries to the driver. Donald Meyer suffered injuries to his back, neck, shoulder and abdomen when his car was struck head-on by a police car on February 11, 2009. The settlement of $650,000 will go toward past and future medical expenses as well as pain and suffering.

Source: Seattle Times

Lexington, Kentucky accident lawyer Robert Abell represents individuals and families injured in auto accidents and wrecks; contact him at 859-254-7076.

Asbestos Exposure of Workers Leads to $1.2 Million Fine

Sat, 28 May 2011 08:00:00 EST

An Illinois company, AMD Industries, has been fined $1.2 million by the Occupational Safety and Health Admininstration (OSHA) for exposing its workers to asbestos. The employees were not trained in asbestos exposure and were not provided any protective clothing or equipment.

Source: Chicago Tribune

Lexington, Kentucky asbestos lawyer Robert Abell represents employees and family members harmed by asbestos exposure; contact him at 859-254-7076.

Robert Abell represented employees and family members harmed by asbestos exposure in Steve Perkins, et al vs. Serv-Air, see Amended Complaint and memorandum of law.

Age Discrimination and the Older Worker -- A Courier-Journal Report

Mon, 09 May 2011 08:00:00 EST

The Louisville Courier-Journal in an excellent story by Chris Otts reports on the age discrimination issues faced by older workers in the present-day employment market: "Older Workers Face Challenges, Discrimination Finding Jobs."

Richmond Firefighter Killed in Accident

Tue, 03 May 2011 08:00:00 EST

A Richmond firefighter, Timothy Farthing, was killed early Monday, May 2, 2011, in a truck accident. The wreck happened on Red House Road near its intersection with Lost Fork Road.

Source: Lexington Herald-Leader

Tennessee Law Exempting Insurance Companies from Consumer Protection Laws Criticized

Thu, 21 Apr 2011 08:00:00 EST

A newly-passed Tennessee law exempting insurance companies from the state's consumer protection law will encourage denial of claims because of the decreased penalties argues lawyer R. Sadler Bailey in the Memphis Commercial-Appeal: "New Law Weakens Consumer Protection." Bailey asserts that "changes in state law enacted this past week will encourage unfair practices by the insurance industry and deny their victims (both businesses and individuals) the most powerful instrument of our civil justice system."

Tort Reform Undermines Personal Responsibility

Wed, 20 Apr 2011 08:00:00 EST

Tort reform limiting the amount of damages recoverable for injuries caused by wrongdoing undermines the principle of personal responsibility according to Tennessee State Sentator Mike Faulk in an essay published in The Tennesseean: "Tort Reform Bill Defies Principles of Justice." Senator Faulk compares tort reform limiting the damages caused to limiting "the length of all criminal sentences to a certain number of years - no matter how awful the crime."

Massey Coal Mines Cited for Safety Violations

Mon, 28 Mar 2011 08:00:00 EST

Coal mines operated by Massey Energy Company in Kentucky, Virginia and West Virginia were cited for more than 80 safety violations by the federal Mine Safety and Health Administration (MSHA). The citations were issued following inspections that MSHA has commenced following the death of 29 coal miners at Massey's Upper Big Branch mine in April 2010.

Source: Lexington Herald-Leader

Drug Sales Reps' Entitlement to Overtime Pay Ruling Allowed to Stand by Supreme Court

Mon, 07 Mar 2011 08:00:00 EST

The Supreme Court will let stand a federal appeals court ruling last year that sales reps for the drug company, Novartis, were not exempt from overtime pay requirements.

Source: nj.com

Last year the U.S. Court of Appeals for the Second Circuit in New York rejected arguments that the reps were exempt as "outside sales reps" or under the "administrative" exemption. In re Novartis Wage & Hour Litigation, No 09-0437 (2nd Cir, July 6, 2010). This was the subject to a prior entry on the Robert Abell Law Blog: Pharmaceutical Sales Reps Not Exempt from Overtime, Court Rules.

The misclassification of employees as exempt from overtime requirements is a common violation of federal and Kentucky state wage and hour and overtime law. Robert Abell published an article on the misclassification of employees as exempt from overtime under the executive, administrative and professional exemptions that was published by the Kentucky Justice Association, "The Executive, Administrative and Professional Exemptions to the Overtime Requirement."

If you have been misclassified as exempt or not been paid the overtime compensation due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.

The Threat of Tort Reform to Our Constitutional Rights

Fri, 25 Feb 2011 08:00:00 EST

The threat that tort reform in general and proposed medical malpractice reform poses to our constitutional right to trial by jury enshrined in the 7th amendment to the United States Constitution is discussed by lawyer Christopher K. Yarbro in an essay published in the St. Louis Post-Dispatch, "Medical Malpractice Reform Could Exact Huge Costs."

Mr. Yarbro makes the following points:
• The Founding Fathers regarded the right to trial by jury "as the very palladium of free government" as Alexander Hamilton discussed in Federalist Paper #83

• frivolous malpractice lawsuits are few: a Harvard school of Public health study reviewed 1400 closed malpractice claims and found 97% meritorious and 80% of those involved death or serious injury

• The National Association of Insurance Commissioners in a 2007 study found that the total spent defending claims and compensating victims of medical malpractice was just 0.3% of total health care costs

• Doctors' malpractice insurance premiums are not increased by malpractice claims: an analysis by Americans for Insurance Reform found that medical malpractice insurance premium increases were dictated by poor investments by insurance companies, rather than payouts on malpractice claims

Healthcare and Health Insurance Special Interests Gave $42 Million to Congress Last Year

Tue, 15 Feb 2011 08:00:00 EST

Special interests in the health care and health insurance industries gave Congress $42 million in 2010. $25 million was given to Republicans, $17 million to Democrats.

Gary M Kirsch, a urologist and chairman of the PAC the American Association of Clinical Urologists, explain his groups $1 million of influence purchasing as follows:

"What does it mean to be a $1 million PAC? It means we have a real seat at the table. It opens even more doors for us and makes our voice louder."

Source: Washington Post

A Sensible Proposal for Medical Liability Reform

Thu, 10 Feb 2011 08:00:00 EST

Joanne Doroshow of the Center for Justice and Democracy has come forward with a sensible proposal for medical liability reform: A Medical Liability Reform That Will Actually Work at the Huffington Post.

Settlement in Dick's Sporting Goods Wages & Overtime Case

Wed, 02 Feb 2011 08:00:00 EST

The class action lawsuit against Dick's Sporting Goods seeking wages and overtime compensation for employees that worked off the clock and through their breaks has been settled tentatively. The company will pay around $15 million to current and former employees in unpaid wages and overtime.

Source: Rochester Democrat

This blog earlier reported on this case: Unpaid Overtime Sought In Class Action Suit Against Dick's Sporting Goods

ESPN Announcer Ron Franklin Files Wrongful Termination Suit

Fri, 21 Jan 2011 08:00:00 EST

Former ESPN announcer Ron Franklin has filed a wrongful termination lawsuit following his abrupt dismissal after 24 years in early January. Franklin, who called primarily college football and basketball games, alleged used a derogatory reference to Jeannine Edwards, a female sideline reporter for ESPN.

Source: Chicago Tribune

Drugmakers Payments to Doctors Reviewed by Hospitals

Tue, 18 Jan 2011 08:00:00 EST

Payments by drugmakers to doctors and the ethical issues that arise from those payments are being reviewed by Denver area hospitals. Some doctors are paid $100,000 + as speaker fees by drug companies in which they tout their experiences with the company's drugs. There is concern that such talks are more of a marketing ploy rather than education.

Source: Denver Post

South Florida Football Coach Leavitt Settles Termination Suit for $2.75 Million

Thu, 13 Jan 2011 08:00:00 EST

Former South Florida football coach Jim Leavitt has settled his wrongful termination lawsuit against the university for $2.75 million. The settlement also acknowledges Leavitt's success in building the football program to national prominence.

Source: USA Today

If you have Kentucky employment law questions, contact Lexington, Kentucky employment lawyer Robert Abell at 859-254-7076.

Improved Coal Mine Safety Faces Continuing Resistance

Thu, 06 Jan 2011 08:00:00 EST

Improving coal mine safety faces continuing resistance from coal mine owners and operators reports the Washington Post, "New Push to Strengthen Mine Safety Faces Resistance Based on Longtime Strategies."

Coal Mine Deaths in 2010 = 48

Wed, 05 Jan 2011 08:00:00 EST

Deaths in coal mines numbered 48 in 2010, the worst year for coal mining fatalities since 1992.

Source: Lexington Herald-Leader

Law Professors Awarded $5 Million In Punitive Damages

Mon, 03 Jan 2011 08:00:00 EST

Two law professors were each awarded $2.5 million in punitive damages and $45,000 each in compensatory damages by a federal court jury in Philadelphia against West Publishing in a defamation suit. David Rudovsky and Leonard Susnov put together a practice manual on Pennsylvania criminal law and procedure for nearly two decades before declining to continue. West then put out a supposedly updated version of the book, using the author's names but including only three new cases as part of the update. The law professors claimed they were defamed by a shoddy product being put out in their names and the jury agreed.

Source: Philadelphia Inquirer

Massey Energy Settles Fourth Coal Mining Death Suit from Upper Branch Disaster

Fri, 31 Dec 2010 08:00:00 EST

Massey Energy has settled the fourth suit from the coal mining deaths at its Upper Branch mine in Montcoal, West Virginia in which 29 miners were killed. The family of miner Benny Willingham settled the suit. Massey has reportedly offered $3 million to the families of each of the miners killed.

Source: Wall Street Journal

Drug Companies the New Leaders In Fraud, Report States

Wed, 29 Dec 2010 08:00:00 EST

Drug companies have surpassed defense contractors in defrauding the federal government and, as a result, paying back monies fraudulently obtained and paying criminal penalties. This reports the New York Times healthcare blog, Prescriptions, "Drug Makers New Targets for U.S. Fraud Inquiries, Report Says" according to a report from Public Citizen's Health Research Group, "Rapidly Increasing Criminal and Civil Monetary Penalties Against the Pharmaceutical Industry: 1991 to 2010."

Medicare & Medicaid Reimbursement Suit Settled by Merck

Wed, 29 Dec 2010 08:00:00 EST

For $280 million Merck has settled a lawsuit with the Department of Justice regarding Medicare and Medicaid reimbursements its Mylan unit paid to pharamacists and other healthcare providers.

Source: Reuters

Massey Energy's December to Forget Reports the PopTort

Tue, 28 Dec 2010 08:00:00 EST

The PopTort reports on Massey Energy's December to forget: "December - A Very Messy Massey Month."

$152 Million In Sex Discrimination Suit Against Novartis Approved

Sat, 11 Dec 2010 08:00:00 EST

A federal judge has approved a $152 million settlement of the landmark sex discrimination suit by female sales reps against the giant drug company, Novartis, reports Bloomberg News, "Novartis $152.5 Million Sex-Bias Settlement Approved."

The Robert Abell Law blog earlier reported on this case: Sex Discrimination Suit by Female Sales Reps Against Novartis Settled for $152 Million and Sales Reps Win $3.36 Million Verdict In Sex Discrimination Case against Novartis.

Retaliation Case from Kentucky Argued in Supreme Court

Wed, 08 Dec 2010 08:00:00 EST

Is a family member of a person that has charged an employer with discrimination to the EEOC protected from retaliation by the employer? This case, Thompson v. North American Stainless, was argued yesterday in the United States Supreme Court reports the Washington Post, "Court Considers Whether Fiancees Included in Law Protecting Those Who Complain About Employers."

The case was initially filed in federal district court in Frankfort, which dismissed the suit and ruled that the fiancee was not covered by the anti-retaliation provision, a panel of the United States Court of Appeals reversed that ruling and reinstated the case, the full Sixth Circuit sitting en banc then reversed the panel's ruling and again threw the case out of court.

Robert Abell has reported on this case extensively on his Kentucky Employment Law Blog: Employer's Retaliation Against Fiancee of Employee Charging Discrimination Violates Title VII, Retaliation Prohibitions Narrowed By Sixth Circuit, and Supreme Court To Decide Whether Retaliation Ban Applies to Family Members and Others Closely Associiated With An Employee that Complains of Discrimination.

Railroad Worker Protection Law To Be Reviewed by Supreme Court

Tue, 30 Nov 2010 08:00:00 EST

The scope of protection afforded railroad workers by the Federal Employers' Liability Act (FELA) will be decided by the Supreme Court. The issue in the case is the degree of negligence that must be attributable to the railroad for it to be liable for a workers' injuries. The case is CSX Transportation v. McBride, No. 10-235.

Source: bloomberg.com

Number of Injury Lawsuits Continues Sharp Decline

Sat, 27 Nov 2010 08:00:00 EST

Tort lawsuits based on injuries caused by negligence or intentional wrongdoing continued to decline according to a recent report from the National Center for State Courts covering the year 2008, Examining the Work of State Courts: An Analysis of 2008 State Court Caseloads.

The PopTort has a good analysis of the study, Tort Lawsuits Dropping like a Rock – Again.

Whistleblowers Lead to $4.6 Billion In Health Care Fraud Recovery

Wed, 24 Nov 2010 08:00:00 EST

Whistleblowers have helped the federal government recover $4.6 billion in health care fraud under the False Claims Act in the last two years. The Department of Justice reports that over $5 billion was recovered by the federal government due to whistleblowers in the last two years.

Source: National Law Journal

Whistleblowers on fraud committed on the federal government can be awarded 15-25% of the monies the government recovers under the False Claims Act.

If you are aware of health care fraud of the federal government, contact Lexington, Kentucky whistleblower lawyer Robert Abell at 859-254-7076.

$6.2 Million Verdict Against Whitley County Sheriff

Sun, 14 Nov 2010 08:00:00 EST

A federal court jury in London returned a verdict of $6.2 million against the Whitley County Sheriff for severe injuries done a Corbin man, Dalton Brewer, by a volunteer deputy jailer, Tony Ramey.

The jury found that the Whitley County Sheriff had a pattern and practice of failing to train and/or supervise deputy sheriffs and that this amounted to a deliberate indifference to the likelihood that a violation of constitutional and civil rights would result. The case is Dalton Brewer v. Whitley County Sheriff, U.S. District Court, London, No 08-CV-183-GFVT. Here is the Jury Verdict Form.

Bill Estep reported on the case for the Lexington Herald-Leader: Jury Awards $6.28 Million To Corbin Man Who Says Volunteer Deputy Beat Him.

John Deere EZ Trak Zero Turn Mowers Recalled

Sat, 30 Oct 2010 08:00:00 EST

John Deere has recalled some 6000+ EZtrak Zero Turn mowers made in 2009 and 2010 because of a problem with a footlift. Consumers are advised to stop using the mowers and have the problem repaired.

Source: UPI

Coal Miner Killed at Western Kentucky Mine

Fri, 29 Oct 2010 08:00:00 EST

A coal miner was killed Wednesday, October 27, when struck by a shuttle car at a coal mine in Union County, Kentucky. James Jeffrey Falk of Slaughters was the sixth coal miner killed in a mining accident in Kentucky this year. The mine is operated by Alliance Resource Partners of Tulsa, Oklahoma.

Source: Lexington Herald-Leader

Criminal Charge Filed Against Rand Paul Supporter

Wed, 27 Oct 2010 08:00:00 EST

A criminal charge of assault, fourth degree has been filed against a Rand Paul supporter, Tim Profitt of Bourbon County, who was videotaped stepping on the head of a woman that had been wrestled to the ground outside KET's studio prior to the Rand Paul-Jack Conway debate on Monday.

Source: Lexington Herald-Leader

Bank Branch & Call Center Employee Suit Moves Forward

Sun, 24 Oct 2010 08:00:00 EST

A suit by retail branch and call center employees of Bank of America for overtime pay as advanced toward trial. A federal judge denied the banks attempt to have the case dismissed. The suit claims three common violations of overtime pay requirements:

(1) the employees were awarded "comp time" instead of being paid at an overtime rate;
(2) the employees were told not to record on their time records that they had worked more than 40 hours work week;
(3) in some instances where employees recorded more than 40 hours of work their time records were changed.

Source: Business Week

Massey Energy, Others Cited for Unsafe Coal Mines

Tue, 19 Oct 2010 08:00:00 EST

Massey Energy was the particular focus of some 600 mine safety citations issued by the federal Mine Safety and Health Administration this week. Massey's Freedom Energy No.1 and Triumph mines were cited for serious violations.

Source: Lexington Herald-Leader

Retaliation Protections for Employees Considered by Supreme Court

Thu, 14 Oct 2010 08:00:00 EST

The federal Fair Labor Standards Act protects employees from retaliation for complaining of overtime pay violations. The Supreme Court is considering whether the protected complaints must be in writing or if an oral complaint is also protected. The case is Kasten v. Saint-Gobain Performance Plastics.

Source: National Law Journal

You can learn more about the case at SCOTUSBlog.

Big Insurers Denied Coverage to 1 in 7 for Preexisting Condition

Thu, 14 Oct 2010 08:00:00 EST

The country's four biggest insurance companies, Aetna, Humana, WellPoint and United Healthcare, denied coverage to 1 in 7 applicants because of a preexisting medical condition from 2007-2009. 651,000 individuals were denied medical insurance in this time period by these companies according to a Congressional investigation and report.

Source: Wall Street Journal

The report to the House Committee on Energy and Commerce was released by Rep. Henry Waxman of California, the Committee Chair, and Rep. Bart Stupak of Michigan and can be read here.

Judicial Independence & Money; A Challenge for Fair & Equal Justice?

Wed, 29 Sep 2010 08:00:00 EST

The New York Times opines on the threat that money and campaign contributions poses to judicial independence, integrity and competence, "Fair Courts In the Cross-Fire."

Read Robert Abell's comment here.

Food Safety Imperiled by Corporate and Political Interference

Wed, 15 Sep 2010 08:00:00 EST

Corporate and political interference with the scientists and inspectors charged with assuring the safety of America's food safety continues reports the Los Angeles Times, "Government Food Safety Scientists Report Political, Corporate Interference." About 1700 scientists and inspectors responded to the survey and about half reported that corporate or political pressures on the FDA had resulted in the change or abandonment of policies intended to protect the public and America's food supply.

Frivolous Lawsuit Filed Over Alleged Video Game Addiction

Mon, 30 Aug 2010 08:00:00 EST

A Hawaii man has filed a lawsuit for damages claiming video game addiction. The lawsuit claims that the man's video addiction left him unable to wake, dress or bathe during the day, according to a report from UPI, "Man Sues Video-Game Over Addiction."

This is a prime example of a frivolous lawsuit that disregards any notion of personal responsibility or accountability.

Fibromyalgia Relief From Tai Chi

Thu, 19 Aug 2010 08:00:00 EST

Fibromyalgia sufferers may be able to find some relief in the practice of tai chi, a Chinese regimen of exercise, breathing and meditation, according to a study published in the New England Journal of Medicine reports the New York Times, "Tai Chi Reported to Ease Fibromyalgia."

Greater Protections for Employee Benefits Forthcoming

Sat, 14 Aug 2010 08:00:00 EST

The Obama Administration is working on new regulations that will increase employees' rights and protections with regard to their employee benefits. Most employee benefits, including health and medical insurance and disability insurance, fall under the federal Employee Retirement Income Security Act, popularly known as "ERISA." The new regulations will require insurance companies to explain better their decisions and the rights of the employees that are covered by the insurance, according to a report in the Los Angeles Times, "Clearer Consumer Rights for Workers Planned by Obama Administration; Rules Expected by Spring."

Wage & Hour & Overtime Violations In Health Care Industry Investigated

Wed, 11 Aug 2010 08:00:00 EST

Widespread violations of wage and hour and overtime pay laws have led to the opening of an investigation by the Obama Administration of the healthcare industry. Findings that nurses in hospitals and nursing homes are not paid overtime in compliance with the law provoked the investigation according to a report in the New York Times, "Pay Practices In Health Care Are Investigated."

Kagan Confirmed to Supreme Court by 63-37 Senate Vote

Thu, 05 Aug 2010 08:00:00 EST

The United States Senate today confirmed Solicitor General Elena Kagan to the Supreme Court by a vote of 63-37.

Source: Washington Post

Equal Work, Equal Pay -- the Paycheck Fairness Act

Mon, 26 Jul 2010 08:00:00 EST

Equal work for equal pay, reasonable principles that go hand-in-hand with the Paycheck Fairness Act argues Rep. Rosa De Lauro in this essay: Paycheck Fairness: A Moral Obligation to America's Workforce.

Consumers' Rights Strengthened by New Federal Regulations

Mon, 26 Jul 2010 08:00:00 EST

Consumers rights to appeal decisions by health insurance companies rejecting coverage have been strengthened by newly-issued federal regulations. The rules will require the appeals to go to external review and, in some instances, require coverage to continue while the appeal is pending.

Source: USA Today

If you have had an insurance claim rejected or turned down by an insurance company, contact Lexington, Kentucky insurance lawyer Robert Abell at 859-254-7076.

Federal Workers Compensation Claims Topic of House Hearing

Sat, 24 Jul 2010 08:00:00 EST

The difficulties and delays in the handling of federal workers compensation claims was the topic of a hearing before a House committee reports the Washington Post, "Getting compensation shouldn't be so hard for federal workers hurt on the job."