Tag Archive for the 'lawsuits' Tag

Blind-Free

Posted by Donna on September 2, 2009 at 4:01 pm

After dozens of deaths associated with children becoming entangled in or choking on the cords found on window blinds, yet another massive recall is being made.  Millions of Vertical Land and Lewis Hyman blinds are said to be posing danger in those homes where young children have access.  Although there have been no deaths this year that were associated with these cords, the companies must believe the risk is real.

Several lawsuits are currently in front of judges across the country and these two blind makers are finding themselves defandants more often.  The blinds being recalled now cover many years - nearly twenty.  Few, if any, consumers who purchased blinds or for that matter, any other home decor, most likely don’t own blinds that were made in 1992.  Apparently, those made then don’t greatly differ from the ones currently in stores.

In 2006, a four  year old girl was killed after she choked on one of the Vertical Land cords that was too close to the floor.  A major recall was made then;  however, even that one doesn’t appear to be as big as what’s currently being publicized.

Lewis Hyman, Inc., based out of Florida, is recalling its blinds due to the death of a one year old who also died as a result of strangulation.  Apparently he’d reached for it from his crib.  That lawsuit is pending.

Inez Tenenbaum, the new Consumer Product Safety Commission’s director, says the cords pose an imminent risk and urges all parents to return any blinds in their home to the manufacturer for either a refund or for the blinds to be retrofitted.

After so many unnecessary deaths and lawsuits popping up across the country, these tragedies beg the question, “How many more deaths before a common window blind is redesigned to ensure safety?”

The CPSC’s website can be seen here for more information on this and other recalls.


Are We Becoming More Clever or Just Tighter With Our Money?

Posted by Donna on August 24, 2009 at 6:29 pm

Today, Fox News had a story about the growing interest of Americans who are now taking to their gardens

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to produce their own tobacco versus paying ever-increasing taxes on cigarettes.  Most who were interviewed say they’re going to challenge their green thumbs to offset the effects of the recession and the $1.60+ tax hike smokers have seen this year alone.  In another story, Time Warner sealed its deal with YouTube that will allow the video site to host movies and television shows owned by the media conglomerate.  Although Phillip Morris USA may not have much to worry about with the sudden interest in home gardeners, satellite providers such as DirecTV and Dish Network may not be so lucky.

With Netflix releasing its “On Demand” feature earlier this year, millions suddenly had instant access to thousands of television shows, movies from every decade and even talk shows.  It’s not even necessary to wait for the arrival of the DVDs - browse through the vast library and click “Play”, and suddenly, you’re watch Cary Grant and Jeanne Crain in “People Will Talk”.  The major money makers that are still churning profits for the networks are available too: Law & Order, CSI - you name it, odds are, you can watch it whenever you want.  Oh, and did I mention you can do this for less than $10 a month?  Of course, there are those shows that are available on television that haven’t been released for online viewing, but Time Warner’s announcement might close that gap. 

Other online avenues, such as Fancast, Hulu and Joost are reporting thousands of new fans each month - and their sites are absolutely free.  You can watch every season of “The Hills”, “House” and other favorites.  Every season of the classic “Alfred Hitchcock Hour” from the 1960s is available too.

So what does this mean for the two major satellite companies who seem to raise their rates each time you open the new month’s statement?  Is it possible to tax online television or is too late?  And what about the big lawsuits from several years ago when the music industry was in an uproar over stolen music that was downloaded millions of times?   Does this mean more changes are in store for this sector of the entertainment industry and its online presence?  iTunes already offers television shows through its site.

Clearly, in these ever-evolving online lives we lead,  it appears we’ll be spending even more time in front of our monitors watching our favorite shows minus the $100+ satellite bills and smoking cigarettes that were grown in our own backyards for pennies of what we would’ve paid at the corner store.


BC Anyone?

Posted by Donna on July 1, 2009 at 3:21 pm

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Just trying to keep track of the latest battle between makers of acetaminophen, NSAIDS and the FDA is enough to have many of us reaching for a BC for the sudden headache we’ve developed.  Today, the FDA  announced it’s considering tighter restrictions on Tylenol, the brand name for   acetaminophen, due to the high numbers of liver failures each year caused by overdosing on the pain medication and fever reducer.  Tylenol and other makers responded that these restrictions would result in more people using nonsteroidal anti-inflammatory drugs (NSAIDs) such as Advil, which, they say cause kidney failure and 5,000 deaths a year and countless lawsuits.

With 2.6 billion dollars a year in profits for Tylenol, they have a lot at stake.  Further, nearly 85% of these profits are due to over the counter sales versus prescriptions of stronger medicines that include Tylenol.  This speaks to the number of people who have inadequate or no health insurance who rely on these over the counter medicines.

Tylenol provided arguments against reducing the recommended dosage of its medicines, which is one option the FDA is considering, saying that the exact label dosage is what seems to be the magic number for those suffering from osteoarthritis.  Seems there’s no middle ground in the pain reliever wars.  One suggestion included pulling multi-medicines, such as those that include sleep-aids or medicines for cold or allergy symptoms, from the market.  The FDA suggested this might be what’s contributing to the high number of liver failures.  While it’s true many take products such as Tylenol PM to induce sleep at night, it’s not uncommon for many users to become used to the standard dosage and find themselves over-medicating with double or more the recommended dosage in order to get to sleep at night.  It could be this will be the middle ground the FDA is searching for, while trying to keep manufacturers of both acetaminophen and NSAIDs happy.

In the meantime, the battle continues.  The FDA insists it’s not interested in making any one pain reliever the “king”, but rather, to reduce the number of liver failures in this country.


Yet Another Flag Flap

Posted by Donna on May 28, 2009 at 7:10 pm

There’s a difference in boycotting an illegal activity and boycotting something’s that’s protected by free speech.  The NAACP is again attempting to stop an act that’s both legal and protected by free speech.  Specifically, they’re threatening to boycott Miami Motor Speedway’s hosting of November’s NASCAR race unless it bans Confederate flags.  NASCAR officials argue they can’t control what 65,000 fans wear or

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display and even if they could, they’re not the owners of the speedway.  Further, none of NASCAR’s drivers or marketing materials display any symbol associated with the Confederate flag.  A spokesman for NASCAR has said the organization would be happy to meet with officials from NAACP to explain the situation, but anything further than an explanation isn’t warranted.

The only enforcement the speedway can possibly ensure is that no flag be waved in the stands since it blocks other fans from viewing the race.  That said, it can’t legally prohibit anyone from entering the raceway who’s wearing shirts or other clothing that reference the Confederate flag.  The ACLU has weighed in as well.  Its spokesperson has said bringing the flag into any event is protected as free speech.

So what exactly does the NAACP want the raceway to do?  Clearly, attempting to dictate what’s acceptable (within reason, of course) in terms of clothing leads to nothing good and leaves it open to lawsuits for lawyers.   It seems a protest held onsite will only hamper everyone’s enjoyment who arrives there to witness the final race of the season.  Still, there’s a letter in draft form that’s being prepared to send to the speedway in an effort to have any images of the Confederate flag banned and warnings that failure to do so will result in a protest and boycott if the speedway or NASCAR refuse to support the group’s efforts.

The potential exists for groups that support the Confederate flag to host their own counter protests should it come to that, specifically the Sons of the Confederate Veterans, based in Tennessee.

Brian France, who is the CEO of NASCAR said it best in a 2005 interview, “…I can’t tell people what flag to fly.  I can tell you the flag we get behind - it’s the American flag.”


Drastic Measures

Posted by Donna on January 14, 2009 at 6:26 pm

We all anticipated many problems and even personal devastation due to the downward spiral of the economy. Throw some greed into the mix, and you come up with the likes of Bernard Madoff and now Marcus Schrenker, who attempted to fake his suicide and then tried unsuccessfully to follow through with what might’ve been a sincere attempt after the fake attempt failed. Sound confusing? Yeah, well…

The happenings over the past couple of days are a culmination of numerous lawsuits filed by investors who trusted this man with their life savings, accusations of his working as an adviser

      Marcus Schrenker

Marcus Schrenker

without the proper licensing and an imminent divorce, partially due to extramarital affairs. He’s been called a pathological liar, a thief and a narcissist. He’s been accused of stealing retirement funds and kept monies due to insurance companies.

Once the gap began closing in behind him and he was served both divorce papers and a judgment that ordered him to repay over $500,000 to one company he defrauded - all within a week’s time, he made the decision to plan an elaborate escape that would appear to be a suicide. It might have been a bold move, except for the fact the execution of this scheme wasn’t perfect. He sent a “woe is me” email to a friend prior to his leaving Indiana and said that he’d embarrassed his family for the last time. The friend was concerned and turned the email over to Indiana police. His second mistake was sending out a distress signal just south of Birmingham, AL. When planes approached his, while still flying, in attempts to rescue him, they discovered a pilot-less plane that had been set to auto-pilot. The open door on the plane was probably a giveaway, I would think. The plane crashed close to the Alabama-Florida state line and it was nothing short of a miracle that the plane, when it crashed, didn’t kill someone on the ground. That was a huge risk he took with absolutely no consideration to the damage a wayward plane could potentially have to people who’d never even heard of him. Then again, his selfishness allowed him to bring pain to people he knows and loves; one can’t expect any considerations for perfect strangers. This was clearly not a last minute whim since he’d already hid a motorcycle in Alabama for the last leg of his escape. He was caught Tuesday night in Chattahoochee. He was found in his tent shortly after he tried to slit his wrists and was taken to a hospital, where he remains.

He now stands to be charged with countless other crimes in more than one state, since he was captured in Alabama and because his plane crashed in Florida, authorities will now have to decide whether to charge him with some kind of negligence or worse. Just a guess, but my money’s on his being a lonely soul right about now. He’s burned his marriage, destroyed his career and betrayed even his closest friends…all in his quest for money.


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Another Court Battle

Posted by Donna on November 24, 2008 at 9:14 am

There’s a saying, “What other people think of you is none of your business”. Virgie Arthur, mother of Anna Nicole Smith, is pursuing another court battle with Howard K. Stern and his sister. At one time, this lawsuit included Larry Birkhead, the father of Anna Nicole’s daughter. In short, she’s suing for defamation of character, citing stories reported by TMZ.com that claimed she and her step-brother had a child together. Virgie and her step-brother, along with several other family members and lawyers, have denied the story is true.

All of this started in September of 2006 with the birth of Anna Nicole Smith’s daughter and the death of her son a day later. From that point, this family and all of its peripheral players became front page

    Virgie Arthur

Virgie Arthur

news. It became even more bizarre when Anna Nicole died the following February. Everything from a marriage that didn’t exist, then a man who insisted he was the father of her baby, only to be excluded with a DNA test and Anna Nicole’s body being held in a morgue for weeks while the courts sorted out who would be allowed to decide her ultimate resting place - this all happened in the public eye. There were accusations being used as missiles between the parties and videos of a clearly drugged woman who was eight months pregnant surfaced. All of this, and the one story that finds its place in a courtroom is an accusation of improper conduct between step-siblings that really had nothing to do with all of the other drama.

Howard K Stern

December 10th is the next date circled in red. Houston will be the setting as the judge is expected to have a decision regarding the release of several emails Camp Virgie insists will prove how the stories began. There are millions of dollars at stake. The only two players who will most likely not be a part of this latest saga are Larry Birkhead and his daughter. It’s just as well. This child already has the cards stacked against her. Her legacy includes some of the more nefarious aspects of human nature and no matter what she does in her life, this will be carried with her every single day. Not only that, but every person who fought for her in the days after her mother died had ulterior motives other than her well-being, with the one possible exception being her father. Jury’s still out on him. He did drop out of the spotlight after he was proven to be the father and chose to take her home to the small town he grew up in.

It’s ironic the final chapter of this story will be written in Texas. This seemingly was the only state that didn’t have a dog in the hunt when issues regarding autopsies, custody of the baby and where Anna Nicole would be buried were being decided. Florida, California, Kentucky as well as the Bahamas were some of the locations that potentially could’ve hosted any of the court battles. But with this

   Anna Nicole Smith

Anna Nicole Smith

latest “he said/she said” it does feel as though it’s coming full circle, since this is where Anna Nicole was raised. Hopefully, these people will finally get to a point where they feel they’ve wasted enough time on accusations that won’t matter ten years from now.


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