Deception is not rewarded- ‘Miami Law Firm Joins Class Action Suit against Yelp.com'

Yelp.com is a helpful way to find and share reviews of local businesses, however, it has been alleged by business owners that the website has been practicing extortion. A Long Beach Veterinary hospital alleges that Yelp, offered to hide a bad review of the hospital for $300 a month. A Miami law firm, paired with a San Diego firm, is filing a class action suit against Yelp, with the help of dozens of business owners who may have also been wronged.

Technology changes the playing field and makes it difficult to create relationships where you trust what you read, particularly because you don’t know who wrote it, and what their sources are. Unless you’re reading an academic journal/scholarly article, a news publication with an accredited history, a government website, and maybe some other substantial sources, you can never really be sure.

There are a number of questions to be looked at; how can we judge what’s real and what’s not on the internet? What is our role in regulating in our minds what the websites to trust and not trust? Should these companies get away with fraudulent claims concerning entities such as businesses?

See http://www.breakinglegalnews.com/category/Class%20Action for more details.

Concerns Over Using Ash As Construction Fill

A December 2008 Tennessee coal-ash spill has sparked concern in North Carolina over the use of coal-ash as structural fill. The NC Sierra Club is the leading the fight for tighter regulations on the use of ash, including limiting disposal sites to lined landfills. Although the proposed restriction would minimize concern for groundwater contamination, it would increase the amount of ash that needs to be disposed of, as the restriction would exclude ash from use in concrete and cement products.

The Sierra Report states that NC used over 800,000 tons of ash last year to fill gullies, roadbeds and building sites. Groundwater contamination is of particular concern because coal-ash can contain traces of toxic metals such as aresenic, lead, chromium, manganese, mercury, barium and cadmium. According to the report, over half of the 48 inspected sites are in violation of current regulations. A lack of funding stands in the way of establishing a routine enforcement process; however, regular inspections are needed to determine the full scope of potential consequences.

Written By Brittney Edwards

Drug Related Wrongful Death in Massachusetts

Linda Shearer of Massachusetts filed a wrongful death lawsuit, after her husband who had been taking Neurontin, an anti-seizure drug, committed suicide in 2002. Harley Shearer was prescribed the drug in order to control the effects of his paralysis. The suit alleged that Pfizer, the pharmaceutical company that produces the drug, promoted this use of the drug even though U.S. regulators hadn’t approved it, and that Pfizer knew the drug was associated with a risk of suicide, but failed to properly warn of the risk. A settlement of approximately $400,000 has been made for Mrs. Shearer.

Only two weeks before, a federal jury found that Pfizer violated an antiracketeering law by promoting Neurontin for off-label uses, and awarded damages of $47 million, which is to be automatically tripled under the law. In 2004, Pfizer pleaded guilty to a criminal charge and agreed to pay $430 million to settle government investigations of its promotion of Neurontin. Pfizer has also said that it faces a number of lawsuits alleging use of Neurontin caused suicide, attempted suicide and other personal injuries. Neurontin was previously one of Pfizer's best-selling drugs, generating $2.7 billion in sales in 2003.

For more information visit on the suit: http://online.wsj.com/article/SB10001424052702304017404575165992338949212.html?mod=googlenews_wsj

For more information on this type of law suit:
www.injuryboard.com
www.shipmanlaw.com

Could getting your summer base tan be illegal?

An FDA advisory panel is researching and considering restriction on tanning beds, in a number of areas. Restrictions are being considered for light skinned people, and for people under the age of 18. Light-skinned is classified as Fitzpatrick skin type 1, those who don’t tan, for example red heads and people with a lot of freckles. And in terms of those under 18, the FDA has brought about the idea of parental consent forms. The panel is also considering changing tanning beds from a Class I medical device to a Class II medical device. This would mean that tanning bed manufacturers would be required to up labeling requirements and performance standards. Some on the panel have suggested tanning beds be made a Class III device, this would require manufacturers submit to pre-market approval.

There has been extensive research on the effects of tanning beds, including melanoma, skin cancer, and other problems associated with over-exposure to ultra violet rays. The Melanoma Research Foundation finds that ultraviolet radiation from tanning lamps before the age of 30 increases the risk of melanoma by 75 percent. And, the American Cancer Society notes that there were nearly 69,000 new cases of melanoma last year resulting in with 8,600 deaths.

However, there have also been many arguments promoting the use of tanning beds as an alternative to the violent UV rays produced by the sun. Beach House tanning (www.beachouse.com) describes tanning, as your body’s natural repellent to sunburn, stating “tanning beds are a responsible way to get a base tan.”

This issue raises a number of questions, with 30 million Americans going to the tanning salon per year. Can the FDA “discriminate” by restricting people with a certain skin-type to attend tanning beds? If smoking cigarettes isn’t illegal, along with many other cancer-causing activities, is it fair to restrict the practice of tanning? On the flip side, do we need government to work in our best interest, letting people know the effects of tanning, and preventing them from making uninformed decisions?

Read more: http://www.injuryboard.com/national-news/fda-panel-considers-paleskin-ban-on-tanning-beds.aspx?googleid=279858#ixzz0kWIFmsxD

House and Senate passed the Permit Extension Act of 2009

The Permit Extension Act of 2009, designed to help developers suffering from the recession, passed unanimously in both the House and Senate. According to the act, any developer that obtained a building permit beginning January 1, 2008 through December 31, 2010 will not have to apply for a permit extension, thus giving the developer a time extension to complete unfinished projects.

The Business Alliance for a Sound Economy, along with various other organizations, supports the act on the basis that it provides developers with a means of keeping construction workers on-site and employed. Because the permit review and re-approval process is time consuming, the act will also save the state a great deal of money and resources that can be better spent given the current economic constraints.

Controversy surrounding the act stems from lot owners who have paid high prices for land that is still undeveloped, in some cases years later, lacking water, sewer, and road infrastructure. Taxpayers are concerned about abandoned projects fearing they will ultimately be monetarily responsible for developers defaulting on their bonds. Gary Ferguson, Carolina Beach Planning and Development Coordinator, points out that the Permit Extension Act could raise noncompliance issues in the future due to construction projects based on outdated building codes. Compliance concerns may also be raised in the environmental arena, as several of the permits currently excluded from re-approval include wastewater, erosion control and air quality permits.

The stagnant economy has definitely taken its toll, and as with any legislation, there will always be advocates for both sides.

Written By Brittany Edwards

Product Liability - CPSC Warns Consumers about Child Injury from Baby Slings and Graco High Chair Recall

The Consumer Product Safety Commission recently warned consumers to show caution when carrying infants in slings, especially for infants less than four months old.  While the slings are convenient for breastfeeding and bonding, they can potentially suffocate infants if not given careful attention.  The commission warns that the fabric in the slings and end up covering the baby's mouth and nose, leading to respiratory obstruction and possibly suffocation.  The CPSC is not urging parents to discontinue use of the slings entirely, given that proper attention is paid to whether the baby is in a position that allows him/her to breath. 

The CPSC also warns of a recall on Greco high chairs which have had tendencies for loose screws and parts to come loose.  The 1.2 million chairs on the market are a potential falling hazard for kids which could lead to head trauma, brain injury, or even death.  Graco has received over 450 reports regarding the unsafe high chairs, and has since began issuing free repair kits to consumers.  To date, over 20 injuries have resulted from the Graco Harmony High Chair.

FROM THE FACE TO THE GUT-Acne Sufferers who used Accutane May Now Face Suffering of Another Kind

Featured Attorney Blog - Article in Injury Board Magazine Written By Attorney Jean Martin of Shipman & Wright, Wilmington, North Carolina

To add to the angst of teenage years, life throws a curve ball in the form of pimples. For the average teenager, there is perhaps nothing more terrifying than acne. It can damage your self-image, can make you the subject of ridicule, and oftentimes can be painful and uncomfortable. And sometimes this agony is not limited to the teenage years, as adult acne can present just as many problems. As acne sufferers continue in desperation to find some remedy, cures for acne continue to be big business with company after company hawking their over-the-counter topical gels and high priced cleansing systems. Historically, the most severe cases were treated with oral antibiotics, but the efficacy of these antibiotics diminished over time. It is for these very reasons that acne sufferers everywhere welcomed with open arms the then-touted “wonder drug” called Accutane almost 30 years ago. 

The Internet is full of tales from former acne sufferers extolling the virtues of this “wonder drug” and how Accutane was the first and only treatment that completely cleared their acne. Since Accutane was first approved by the FDA in 1982, it is estimated that more than 13 million Americans took the drug. While Accutane was intended to be prescribed for only the most severe forms of cystic acne, through the years it became widely prescribed for milder forms of acne as well. Unfortunately, while Accutane provided a much-needed cure for many patients, it became an absolute nightmare for others…

To see the rest of this article please go to http://injuryboard.com/uploadedfiles/ib_cc_spring.pdf page 39.

ACLU Scores Free Speech For North Carolina Prison Inmates

The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) recently announced its victory in a federal lawsuit filed in February of last year.  The lawsuit was filed on behalf of Victor L. Martin, who has received critical acclaim for publishing literary works in the increasingly popular "ubran fiction" genre while incarcerated over the past decade.  Unnamed officials of the North Carolina Department of Correction were alleged to have violated Martin's Constitutional First Amendment right to free speech by unfairly disciplining the author for writing urban fiction.   The lawsuit also alleges that the defendants had destroyed a 310-page, handwritten manuscript without providing any prior due process.

Plaintiff attorney, Swain Wood, noted, "Writing books is not a crime.  The First Amendment guarantees that.  After being put in prison, Victor Martin discovered that writing books could transform his life for the better and inspire others.  He should be commended for that.  State officials should be commended for realizing that punishing Mr. Martin for writing books was wrong, and that the old policy was unconstitutional and had to be changed."

The ACLU-NCLF dismissed it's lawsuit after a settlement was agreed last week.  The settlement requires that the DOC must adjust its policies to allow inmates to prepare creative works for publication, outside typing, copyrighting or private use.  Inmates will still not be allowed to collect direct compensation for publication, but will be able to assign a family member to handle business aspects and receive compensation.  The DOC is also to arrange new policies for proper procedures when confiscating manuscripts due to prison rule violations.  These procedures include ensuring that such a manuscript would not be destroyed.

Martin commented, "I hope that my fellow inmates will understand that positive actions bring positive results.  I personally take no credit for the policy change.  The credit goes to the [ACLU-NCLF and cooperating attorney] Swain Wood for taking this case and helping to change the writing policy for all inmates.  I will continue to write within the guidelines of this new policy, and I also wish to thank all of my supporters."

FDA to Investigate Safety and Defective Insulin Pump Reports

The Food and Drug Administration plans to gather experts for its investigation concerning the rising amount of safety issues found with insulin pumps.  Those who work in the industry note past problems have been rooted in both software and hardware components responsible for providing the correct amount of insulin to diabetic patients.  Defective insulin pumps can lead to patients receiving too much or not enough insulin which can lead to serious complications or death.


According to Wall St. Journal, "The FDA said the number of Type I diabetics using insulin pumps has increased, with about 375,000 U.S. users in 2007, up from about 130,000 in 2002."  The FDA also said in it's statement that manufacturers are required to notify the FDA of any potential problems with medical devices.  An FDA review found that insulin pump-related adverse-event reports accounted for up to 17,000 reports between October 2006 and September 2009.  Of those reports, nearly 12,000 confirmed patient injury while another 310 reports resulted in death.

Toyota Owners: Let's Not Make Things Worse!

FEATURED BLOG BY ATTORNEY GARY K. SHIPMAN

So, now we know.  Toyota's have a problem, and that problem could cause someone to die, kill someone else, or hurt themselves or others.  That's pretty bad.  What we also know is that you can't give a Toyota away right now (except to a Toyota dealer, and then all you get is another Toyota, which you also can't give away) and consumers who haven't (and may never) suffer a problem have suffered an economic injury, namely, diminution in value of their car because of the stigma that's been created. 

What we can't do, however, is make things worse.  Reports out of California about the "run away Prius" last week left us shaking our heads, wondering what would happen next.  And then we find out that the "run away" may be another "balloon boy" hoax (and I emphasize may).  While we can't place alot of confidence in anything that either Toyota or NHTSA has to say (given the great job that they have done taking care of these issues), given the public spotlight now on them both, you gotta think that their tests on the alleged "run away" Prius are fairly accurate on what the tests "objectively" showed, namely, that the brakes on the car didn't look like someone "stood" on them driving over 90 mph on a major highway.

The point is, let's not make things worse.  If you have a Toyota, and it's suffers a problem, take it to the dealer, or, if it's out of warranty, to a reputable mechanic that has/does work on Toyotas.  If you've already done that, and you still have a problem, do it again.  Believe me, there's enough litigation going on right now against Toyota to cover any claim that you might have associated with this, and what you need to do is protect yourself. 

For those of you that have a Toyota, and you haven't suffered a problem, just hold on.  There's alot of things going on out there right now that would appear to insure that either the value to your car is restored or that you will be compensated, in some way, if it's not.  In the meantime, don't tell someone there's a ghost in your closet if there's not.  It will only insure that the credible claims get lost with the ghost.

St. Patrick's Day: To Dye, Or Not To Dye

The City of Wilmington is debating whether or not to dye the Cape Fear River green in honor of St. Patty's Day. Chicago and Savannah have both incorporated river-dyeing into their annual St. Patty's Day celebrations.

Although festive, the idea raises concerns with one local environmental group - Cape Fear River Watch. According to the Cape Fear River keeper, Doug Springer, dumping chemicals into the river sends mixed messages to the community. Releasing chemicals, toxic or not, into a body of water seems counterintuitive.

Bright Dye - the product proposed for river-dyeing - is non-toxic, biodegradable, and approved by the EPA. The proposal has cleared all regulatory restrictions; however, Chris Andrews, of the Downtown Business Alliance, says the city wishes to get input from the public and local officials before making any final decisions

Written By Brittney Edwards

Controversy in Stun Gun Lawsuit, Are They Still the Safest Modern Force Alternative?

Most of us may think of the ‘stun gun’ as a relatively safe alternative for law enforcement to detain rebellious suspects in the field. A stun gun is known to deliver a high voltage electric shock designed to immobilize a victim temporarily. However, in a Santa Cruz courtroom, attorney Dana Scruggs feels otherwise as he defends his client Steve Butler who was the victim of a stun gun fired back in 2006 and will need medical care for the rest of his life as a result of his sudden cardiac arrest suffered after the shock was delivered by the officers ‘TASER’ gun.

Depending on how you look at it, it seems both sides have support for their claim. According to Amnesty International and the Mercury News article, more than 350 people have died after being a victim of a stun gun shock between 2001 and 2008. However, in a study with over 4,000 uses of electronic control devices or ‘stun guns’ a review funded by the US Department of Justice it found these instances of harm to be extremely uncommon with no link to cardiac arrest issues like in cases such as Mr. Butler’s.

TASER International’s defense claims that Mr. Butler had prior heart conditions and was also under the strong influence of alcohol at the time of the incident. Mr. Butler is also accused of having traces of marijuana in his body. The question remains, would the use of the TASER gun had a less violent affect on Mr. Butler had these symptoms not been present at the time the shock was delivered? Are stun guns, if used correctly, the safest alternative to modern force that is undoubtedly needed throughout police departments across the United States today?

Discussions Brew About “Metal on Metal’ Hip Implants…Are they safe?

Recently, there has been some rustling in the medical world discussing growing concerns on ‘metal-on-metal’ hip implants. These specific types of implants have been widely used on hip replacement candidates as a more durable and long lasting approach as opposed to other seemingly less durable materials. Based on the recent New York Times Article, approximately 250,000 hip replacement procedures in the United States have used this specific metal ‘ball and socket’ implant.

Several Orthopedic surgeons from notable medical centers such as the Mayo Clinic, Massachusetts General Hospital and Rush University Medical Center are now coming forward to express their concerns regarding these specific types of implants and issues that are starting to arise in their practices. Doctors are saying that the ‘metal debri’ caused by the wearing of the implant can cause inflammation, pain and possible death of tissue and deterioration of the bone.

It is unclear at this time whether specific manufacturers of these ‘metal-on-metal’ devices are more prone to these issues than others. It is also unclear as to whether the perceived problem is to be blamed solely on the implant or whether improper implantation may also be a culprit. Although statements issued by multiple manufacturers address that the risk to patients is tremendously low, many doctors seem to agree that there is a great need for further investigation and precaution.

North Carolina Ends Ban on Video Poker Machines

North Carolina's complicated relationship with video poker machines has again turned in favor of vendors and business owners statewide.  Wake County Superior Judge Howard Manning recently overturned the 2006 law that phased-out video poker machines from bars and convenience stores after being legal for almost 15 years.  The decision was part of a lawsuit brought on by McCracken and Amick Inc, a former video poker machine vendor.

The vendor had argued that the state could not ban the use of the machines while allowing the games on tribal lands.  Manning wrote, "The state acted unlawfully in authorizing the Eastern Band of the Cherokee Indians to possess and operate video gaming machines on tribal lands within North Carolina because that activity is not allowed elsewhere in the state."  Plaintiff attorney, Mike Tadych noted "The legislature couldn't carve out the exception after prohibiting this type of gaming in this law."

Video poker machines were first legalized in North Carolina in 1993 with additional regulations laid out in 2000.  The Eastern Band began distributing machines in the mid-1990s as part of a deal worked out with Governor Jim Hunt, who was obligated by federal law to come up with a compromise.

Related Links

• Judge overturns N.C. video poker ban
• Judge tosses out N.C.'s ban on video poker machines
• Poker Machine Ban Halted in North Carolina

No Discharge Zone To Improve Water Quality in Wrightsville Beach, New Hanover County Waterways and Coastal Areas

Boaters who are eager to get out on the water as the weather improves will need to pay special attention to a recent rezoning by the Environmental Protection Agency.  After a lengthy eighteen month approval process, the EPA has rezoned New Hanover county-area waters as a 'No Discharge Zone'.

The zoning bars all boats from emptying waste, including chemically treated waste, into the coastal waterways and up to three miles out into the Atlantic Ocean along the county coastline.  New Hanover county's thousands of boat owners and operators will now be required to hold all waste on board until it can be pumped out at any of 11 designated pump-out stations.

Alderman Susan Collins, who is among several having campaigned on preserving water quality, said, "It is our first step at Wrightsville Beach to encourage and educate people to be responsible boaters. This No Discharge Zone shows the determination of Wrightsville Beach town officials and staff, working with many others, to make progress."  She continued, "Testing waterways, with high bacteria levels, needs our immediate attention to prepare for the summer of 2010," hoping to raise concern for the enforcement of the new restriction.


The lengthy approval process was initiated by the Town of Wrightsville Beach and was endorsed by New Hanover County, NCDENR and Governor Beverly Perdue before reaching the EPA, who favored the designation which is effective as of this past Monday.


Related Links: No discharge zone is now in effect

It’s Dredging Time Again at Wrightsville Beach, NC

In efforts to save our beautiful beaches at Wrightsville, the Army Corps of Engineers are now gearing up for the dredging process that re-nourishes the erosion on the beach.  The dredging project not only protects our area beaches but also the homes and business that depend on the sand to always be there.  

This operation which takes place at Wrightsville Beach every four years, consists of relocating the sand from the ocean floor and depositing it back to the shoreline to replace the eroded beach.  Without this process, our area beaches would be left more vulnerable to storms and rolling waves that Mother Nature often brings to our area. 

Although this extensive process has its temporary downfalls (large pipes on the beach, noise, expense, safety issues, wildlife, etc) most people of this area are happy to deal with the mess every four years to help assure many more years of beauty and memories at Wrightsville Beach.  

What do you think about the dredging process at WB?  Do you feel that the benefits of changing natures path outweigh the alternative?

Spying On Students Via Webcam Brings Class Action Against School District

A school district in Philadelphia has found itself in hot water after it was discovered that laptops given to students for learning purposes also provided administrators with remote access to the embedded webcams, enabling teachers to spy on them and their families in their homes.  Robbins v. Lower Merion School District asserts that 1,800 students were provided with the laptops to help build "an authentic mobile 21st century learning environment" to give students "24/7 access to school based resources."  

The suit alleges claims under the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act and the Stored Communications Act, as well as violations of the Fourth Amendment, federal civil wrights law, and Pennsylvania's wiretap statute.  The claim argues that the documentation that came with the laptops failed to warn parents and students that "the school district has the ability to remotely activate the embedded webcam at any time the school district wished to intercept the images from that webcam of anyone or anything appearing in front of the camera."  

The matter didn't come to parents attention until a recent incident in which the lead plaintiff and Harriton High School student, Blake Robbins, was confronted by Assistant Principal Lindy Matsko with a photo taken from his webcam which has been said to have possibly contained "improper behavior."  The suit claims that Robbins' father was later told that school officials were able to "remotely activate" the webcam at any time to capture any images that appeared without any prior knowledge of the students or parents.  

A commenter on Digg, who claims to have recently graduated from the school, says the accusation confirms rumors about school officials monitoring students through remote access to the webcams.  "Occasionally we would notice that the green light was on from time to time but we just figured that it was glitching out," he wrote.

The school district has since stated that the feature was intended to help track down stolen or missing laptops.  "Laptops are a frequent target for theft in schools and off school property.  The security feature installed to help locate a laptop in the event it was reported lost, missing or stolen so that the laptop could be returned to the student," the statement reads.  The district claims it will not reactivate the feature "without express written notification to all students and families."

• School District Accused of Spying on Students via Home Webcams (Law.com)
• Harriton High School Used Laptop Webcams to SPY on Students... (Huffington Post)
• Lower Merdion School District's initial response...

Toyota Confirms That Recall May Not Solve Problems

Featured Blog of the Week by Gary Shipman

In emotionally charged testimony before the House Energy and Commerce Committee on Tuesday, Toyota USA President Jim Lentz confirmed that the “runaway car” problems have still not been fixed, despite Toyota spending millions in  television and newspaper ads stating that they have.  In responding to questions from Rep. Henry Waxman, in which Rep. Waxman asked “Do you believe that the recall on the carpet changes and the recall on the sticky pedal will solve the problem of sudden unintended acceleration?”, to which Lentz (remarkably) responded, “No totally.”  Lentz also confirmed that Toyota had replicated a demonstration, shown on ABC News, in which professor David Gilbert demonstrated that a short circuit produced unintended acceleration without triggering an “error code” in the car’s computer.

Tearful Toyota owners testified before the Congressional Committee about their efforts to get Toyota to address problems.  Eddie Smith told the Committee that he and his wife were “called liars and actually accused of ruining our own brakes and transmission.”  Smith’s wife, Rhonda, told the Committee of the night when her new Lexus, in 2006, ran away and would not slow down, even after she stood on the brakes and threw the car into reverse.  “Shame on you, Toyota, for being so greedy”, Mrs. Smith said.

While Toyota offered “excuses” for the problems, namely, a “confusion of priorities” in its quest for growth, that excuse does not provide an explanation for why the company turned a blind eye to complaints about its cars problems, while reaping millions of dollars in profits worldwide. 

It has now also been revealed that as early as 2004, NHTSA was aware of the sudden acceleration problems.  Instead of conducting a full blow investigation, NHTSA employees that may have been involved in the investigation were later hired by Toyota.  Go figure.

All of this amplifies a total breakdown in the rules and regulations that are designed to protect unwary consumers.  Ultimately, it may require the Courts to provide justice for consumers.

Shipman & Wright Set to Volunteer in the NC Advocates for Justice High School Mock Trial Competition this Saturday

On February 20th 2010, local North Carolina attorney Gary Shipman, Matthew Buckmiller and James Moore along with paralegal Brandy Lea who is the Site Coordinator for Wilmington are volunteering their time to participate in this years NC Advocates for Justice High School Mock Trial Competition.

Every year, students from all over North Carolina come together at local courthouses to compete for the state title and a spot in the national level competition.  With weeks of preparation for their day in court, students are able to show their critical thinking, public speaking, courtroom demeanor and teamwork skills to a panel of legal professionals in the community by presenting their case.  The purpose of this competition is to turn the courtrooms into classrooms and create an effective and fun way for students to learn about the judicial process and the fundamental importance of our jury system.  

As part of the panel of legal experts, the Shipman and Wright team are excited to be a part of this national competition that helps prepare these students to become responsible citizens and future jurors as well as educate them on the constitutional right for a trial by jury that we are entitled to as American citizens. 

The competition is set to take place at New Hanover County Courthouse on Saturday, February 20, 2010 at 9am.  For more information please visit http://www.ncaj.com/ 

Cellular Phones as Evidence, Wiping the Memory Won't Help

As the digital world turns it has become difficult to ignore how useful smartphones (such as the iPhone or BlackBerry) have become for creating efficiencies in the workplace.  Busy businessmen and women are spending less time tied to the computer by leveraging this technology to handle their essential e-mail and web browsing needs.  Smartphones have become so widespread in popularity that it's often a tool of choice for many employers, giving their employees a technological edge to better facilitate transactions and communication on the go.

As a result, these products are making appearances in court as evidence more often than ever.  In past cases, evidence left on a smartphone (whether it be e-mails, text messages, photos, schedules, GPS data, the list is near endless) has helped resolve cases ranging from drunk driving to trade secret theft.  If you thought wiping the phone's memory would be enough to create barriers, you would only be creating more trouble for yourself.

Southeastern Mechanical Services, Inc. ("SMS"), in the course of prosecuting employees of a construction services company for theft of trade secrets in Florida, obtained a court order which required the defendants to preserve all electronic data and computer files until further notice.  The order also barred them from "destroying any and all information and documents potentially relevant to" the claim.  Counsel for the defendants had requested their BlackBerry smartphones while possibly failing to warn them of the repercussions of wiping the device's memory.

Computer forensics experts would later discover that phone memories were intentionally wiped.  The defendants responded by saying any e-mail communication would be available on the server it was sent to.  The court noted, however, that employees used the phones both for work and personal e-mail accounts.  Communication to private e-mail accounts were not mirrored on the employer's server.  Based on the facts, the court granted SMS an adverse inference jury instruction due to the defendants' failure to keep the digital data on their BlackBerrys.

To read more, see the original post at The Legal Beat.

Honda Recalls Expanding for Airbag Concerns

Last week, Honda announced that the auto manufacturer will be expanding its recall to include over 430,000 vehicles worldwide.  The expansion is a result of concern for airbag inflators in the vehicles, with the company's website stating that they may use too much air pressure during expansion, resulting in possible injury or death to the driver.  The recall also mentions a possibility of metal fragments passing through the cushion material.  Included in the expansion are the 2001 and 2002 Accord, Civic, Odyssey, and CR-V models as well as selected 2002 Acura TL vehicles.

The original recall began in November 2008 for the 2001-2002 models of Accords and Civics and a few 2002 Acura TL models.  It originally affected over 4,000 vehicles in North America.  Since adding half a million to that figure in summer of 2009, the recalled total now amounts to over 950,000 vehicles, with more than 825,000 of those being in the United States.  This figure does not include an separate recall involving hazardous power window switches which has affected over 640,000 Fit, City, and Jazz models worldwide.

Honda plans to notify its customers by mail and phone with details on where to seek inspection and replacement by an authorized dealer.

Related Links

• Honda recalls Several Models for Airbag Problems (Recall specifics)
• Honda recalls 438,000 cars for airbag hazard

North Carolina Law Requires Recycling of Plastic Bottles

As of October 1, 2009, NC placed a ban on all rigid plastics entering landfills. Rigid plastics consist of bottles with necks smaller than the body, including PET plastic bottles (polyethylene terephthalate, code 1). Motor oil containers are the only exception to this ban. Preliminary reports show that drops-offs at the New Hanover county recycling center have increased 9% over October 2008 levels, indicating the public's positive response to the bill.

 

The Earth Policy Institute estimates the amount of oil required to sustain American demand for bottled water is equivalent to the amount of oil needed to fuel 100,000 cars for a year. Unfortunately, the majority of water bottles end up in landfills rather than recycling centers. With high landfill construction costs, increased recycling efforts play a crucial role in saving valuable landfill space. Aside from environmental conservation efforts, the resulting economic stimulation adds major appeal to the bill. The success of this ban brings the potential for job creation, an added benefit in the present economic downturn.

 

A few examples of what belongs in the recycling bin: Soda and water bottles, milk jugs, laundry detergent bottles, etc. 


Written by: Brittney Edwards ( Shipman & Wright, LLP Intern)