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Phoenix Electric Mfg. Co. Faces Large OSHA Fines

4/17/2013

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The Chicago Tribune reports that a local manufacturer is facing a total of at least $50,000 in OSHA fines for violations of employee safety standards.

OSHA, an arm of the Department of Labor, is entrusted with protecting employee safety and has recently come under fire for failing to protect workers against long term exposure to dangerous materials, chemicals, and manufacturing processes.

OSHA, however, is very well set up to inspect and fine companies for more routine, established risks such as fall safety, electrical hazards, and vision protection.

One local business, Phoenix Electric Mfg. Co., has discovered, the hard way, that OSHA is very good at inspecting heavy machinery to determine whether they might pose a risk to employees.  OSHA inspections are a big danger to businesses, but with the proper legal counsel, they can pose a greatly diminished threat.

The situation that Phoenix faces illustrates this point well.

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Donald Trump's Defamation Lawsuit Against Comedian Dropped

4/17/2013

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Donald Trump, not one to shy away from the headlines, reportedly has dismissed his defamation lawsuit against comedian Bill Mahr.  Trump sued Mahr over his offer to donate $5 million to charity if Trump could prove that he was not the progeny of an orangutan.  Trump, clearly irate, sued Mahr for defamation, however, the lawsuit, if only based on those comments, would be frivolous and without legal foundation because that kind of comment is not defamatory for a number of reasons.  

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Walgreen Co. Sued Over Vitamin D Claims

4/8/2013

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The Chicago Tribune reports that Walgreen Co. has been sued by a California consumer for alleged labeling violations on their Vitamin E supplements.  The consumer objects to allegedly misleading claims on Walgreen's Vitamin E 400 IU Dietary Supplement that says the product "naturally contributes to cardiovascular health by helping to protect LDL cholesterol from oxidation which may cause cellular damage."

The complaint alleges that these statements are false and misleading based on clinical data that disproves these statements and indicates that the product is ineffective as marketed.

Lawsuits against supplement manufacturers are only just the beginning of the process.  This case illustrates why both consumers and manufacturers need to be very aware of the legal terrain in supplements and why consumers often mistake natural supplements for regulated drugs.

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Defective Baby Dresser Lawsuit Filed

3/15/2013

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Product liability actions are premised on three major categories:
1. Failure to Warn
2. Defective Design
3. Manufacturing Defect

The Chicago Tribune reports that the parents of a toddler have filed suit against the manufacturer of their baby dresser for a product defect and for failure to warn about the dangers of their dresser when it tipped over and killed their 2 year old son.  Their case seems to allege both a failure to warn as well as defective design of the furniture.

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Martha Stewart Commercial Litigation

3/5/2013

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JC Penney, Macy's, and Martha Stewart are embroiled in a large commercial breach of contract case revolving around JC Penney's capture of Martha Stewart and her Martha Stewart collection housewares.  The Chicago Tribune explains that Martha Stewart signed a contract with Macy's which obligated her to create and market a line of products in Macy's.  Macy's got Stewart, who should be very used to court proceedings, to admit in depositions that the contract also was an exclusivity contract as well as a contract for her name, fame, expertise, and line of products.

This case illustrates precisely why depositions are critical to trial and provide a clear roadmap for trial strategy for both sides.

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Fire-Breather Accident Sparks OSHA Investigation

2/5/2013

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The Chicago Tribune report on a fire-breathing actor who was injured during his routine provides a model lesson for employers on worker safety and potential administrative action for failing to adhere to OSHA regulations for employee safety.

Here, the employee was an actor who happened to very publicly injure himself when his face and throat caught on fire while attempting a fire breathing routine.

The media firestorm, however, quickly engulfed reality and blew the matter out of proportion.  It was so widely reported that an OSHA investigator reportedly showed up at the Civic Opera House to speak to officials and investigate their compliance with OSHA regulations.

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Kraft Sues Cracker Barrel Over Trademark Dispute

2/1/2013

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The Chicago Tribune reports that Kraft Foods, Inc. has sued casual dining chain Cracker Barrel Old Country Store Inc. and its potential retail distributor the John Morrell Food Group to enjoin and nullify their contractual attempt to licensed the trademark "Cracker Barrel" to the distributor for retail distribution.  Kraft trademarked "Cracker Barrel" in 1954 and sees Cracker Barrel Old Country Store's attempts to expand the use of their mark from their restaurant chains to retail grocers as infringing their mark.

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Pella Windows Settles Class Action Regarding Product Defect Case

1/29/2013

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The Chicago Tribune reports that Pella Corp., of Iowa, manufacturer of self-branded windows, has reached a settlement with a Lake Forest doctor who sued Pella over issues with his ProLine series of windows in his home.  The doctor brought a class action against Pella Corp. in the name of all owners of ProLine series windows and Pella has agreed to pay those owners between $750 and $6,000 as well as warranty against wood rot.

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City Attempts to Limit Precedent in Bartender Beating Case

12/4/2012

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After refusing to consider settlement in the case against an off-duty Chicago Police Officer who loudly used his office when threatening and eventually savagely beating Karolina Obrycka, a female bartender, the City is now willing to pay damages in exchange for limiting some very damaging precedent against the City, especially regarding tortious acts committed by its police officers.  

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"Price is Right" Model Awarded Over $8M in Gender Discrimination Damages

12/2/2012

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TMZ, courtesy of CNN, reports that a former Price is Right model has been awarded an $8.4M verdict for gender discrimination at her workplace.  The award includes over $700,000 in compensatory damages and $7.7M in punitive damages.  The model alleged in a 2010 complaint that the producers of the show

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    Rishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C.

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