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Christian Boot Camp Accused of Abusing Kids
Topics in Legal News |
2009/02/26 13:42
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Thayer Learning Center and its successor the Teen Life Skills Center abused children at its "Christian boot camp," hog tying them naked and spraying them with a hose, duct-taping children together overnight, throwing ice water on them as they shivered naked on a concrete floor, putting them in solitary confinement for a month, and forcing a girl to eat her own vomit, one girl's mother claims in Federal Court.
The mother, Ruth Romer, claims that Teen Life Center, of Kidder, Mo., "is a mere continuation of the predecessor Thayer Learning Center and that the creation of the successor for in whole or in part for the purpose of escaping liability for the tortious acts of Thayer Learning Center."
Teen Life is a Utah corporation. Also sued are Dorothy Steele, Willa Bundy and John Bundy, all of Springerville, Utah.
Romer also claims her daughter was provided with inadequate medical care. She says Thayer and its staff tells kids to "suck up your drama," denies them medical attention, and "terminates employees who report abuse to public agencies and law enforcement."
She says the defendants screen mail to and from children, "routinely misrepresent the physical and emotional status of children in their care when speaking to the parents of said children," and "misrepresent to parents the level, or lack thereof, of qualified medical training for staff at Defendant Thayer.'
She claims that "children at Defendant Thayer were routinely 'taken down,' meaning physically incapacitated and taken to the ground through 'choke holds' and other means."
She claims that "when a child was 'taken down' the 'drill instructor' or staff involved, would yell 'grenade,' meaning all other 'cadets' must get on the ground face down with their hands over their eyes and head, so as not to be witnesses to the event."
She claims that "children at Defendant Thayer were routinely 'smoked' meaning that they were forced to perform physical exercise and exertion until they collapsed from physical exhaustion."
She claims that "Some children have spent thirty days or more in solitary confinement, during which time they are forced to hear 'motivational' tapes over and over.
"Children have been restrained with zip ties around their ankles and wrists.
"Children have been restrained and attached to furniture.
"Male children have been stripped to their underwear, 'hog tied' and sprayed with a hose. ...
"A child was thrown into a barbed-wire bundle and told to get himself out.
"During the summer, for punishment, children have been placed in a 'hot box' which is an outside, rubber-sealed tent.
"For punishment, children have been duct taped and/or belted together for an entire day and sometimes overnight.
"For punishment, a child has been forced to brush her teeth for a four hour, non-stop time period.
"Students were stripped down to their underwear, tied up, and laid on a concrete floor and ice cold water was poured on them every hour.
"Restroom breaks were so limited that students regularly soiled themselves.
"The restricted bathroom breaks led to various urinary tract infections and bladder infections.
"One girl was forced to sit in a plastic tub containing urine for at least two and one-half hours. ...
"A female student vegetarian was forced to eat meatballs. The student got sick and vomited in her hands. 'The girl was then forced to eat the vomit.'"
And so on.
Here are the defendants: Thayer Learning Center LLC, Teen Life Skills Center Inc., Parent Help LLC, 2B Enterprises Holdings LLC, A 2B Enterprises LLC, Dorothy Steele, Willa Bundy, and John Bundy.
The Romers seek punitive damages. They are represented by James Thompson with Edelman & Thompson of Kansas City, Mo. |
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Microsoft Dodges Class Action For Now
Topics in Legal News |
2009/02/20 09:32
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Microsoft got rid of the class-action status in the Vista Capable lawsuit, but the plaintiffs might retaliate and appeal the recent ruling. Although they had no immediate comments to make after the ruling, one of the partners in the law firm representing the plaintiffs confirmed that they will take action.
Computerworld quoted Jeffrey Tilden, partner in the Seattle law firm Gordon Tilden Thomas & Cordell LLP, as saying: We anticipate further motion practice in the trial court, followed by -- if unsuccessful –an appeal to the Ninth Circuit.
The plaintiffs argued in the court filling that Microsoft was unfair and deceptive in the Vista Capable matter, creating artificial demand, at artificially maintained prices, for PCs that were not Vista ready. Furthermore, consumers paid (more) for the Vista capability, but did not receive the real Vista capability.
A series of emails revealed in court showed how Microsoft representatives were doubtful about tagging some PCs as Vista Capable, as they would deceive consumers. The plaintiffs said consumers bought Vista Capable PCs only to discover that they were able to run just a basic version of the operating system, and were unable to run Vista’s core feature, the Aero interface.
But U.S. District Court Judge Marsha Pechman granted Microsoft the motion for the class decertification of the lawsuit, while also rejecting its demand for summary judgment. This doesn’t absolve Microsoft from coming back to court though, where 6 individual claims are still standing.
Microsoft will still have a hard time proving that consumers have not been deceived when purchasing Vista Capable PCs, but dealing with individual claims is likely to cost them less than it would have under a class-action lawsuit. |
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FBI: Long Island investment firm boss surrenders
Topics in Legal News |
2009/01/26 15:15
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| The owner of a Long Island investment firm accused of cheating people out of more than $100 million is expected to appear in court Tuesday. FBI spokesman Jim Margolin says Nicholas Cosmo surrendered at a U.S. Postal Inspection Service office in Hicksville on Monday night. Cosmo runs Agape World Inc. in Hauppauge (HAW'-pawg). He's accused of taking in $300 million from investors and cheating them out of about $140 million. A letter hanging in Cosmo's office window denies there was any Ponzi scheme, the type of fraud Bernard Madoff (MAY'-dawf) is accused of committing. A Ponzi, or pyramid, scheme promises unusually high returns and pays early investors with money from later investors. Defense attorneys at the Herrick Feinstein law firm haven't returned telephone calls seeking comment. |
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Grocery Wholesaler in Federal Antitrust Action
Topics in Legal News |
2009/01/05 08:48
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The nation's two largest grocery wholesalers, Supervalu and C&S Wholesale, conspired to allocate territories, restrain competition and inflate prices, according to a federal antitrust class action. Gary's Foods claims the defendants competed until 2003, when Vermont-based C&S decided to go after Supervalu territory in the Midwest.
"Rather than extend their competition to the Midwest or continue to compete in New England, the Defendants conspired to allocate territories: Supervalu agreed to
exit New England in return for C&S's commitment not to enter Wisconsin, Iowa, and other states in the Midwest," the complaint states. "This scheme has caused substantial harm to retailers: prices for wholesale sales and services have been inflated, fewer manufacturer discounts have been passed on to retailers, and the supply of wholesale sales and services has been artificially reduced."
The two defendants have combined annual revenue of $28 billion,according to the complaint. Gary's also claims the defendantsfraudulently concealed their conspiracy. Gary's demands treble damagesand punitive damages for the class. It is represented by Daniel Kotchenwith Kotchen & Low of Washington, D.C. |
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Court reinstates clean air rule during EPA fix
Topics in Legal News |
2008/12/24 09:14
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| In a ruling hailed by environmentalists, a federal appeals court on Tuesday reinstated one of President George W. Bush's clean air regulations while the Environmental Protection Agency makes court-mandated changes. In July, the U.S. Appeals Court for the District of Columbia Circuit threw out the Clean Air Interstate Rule, which required 28 mostly Eastern states to reduce smog-forming and soot-producing emissions that can travel long distances in the wind. The court said the EPA overstepped its authority by instituting the rule, citing "more than several fatal flaws" in the regulation. However, a three-judge panel decided to reinstate the rule while the EPA develops a new clean air program. Judge Judith W. Rogers said allowing the country to go without the protection of CAIR while the EPA fixes it "would sacrifice clear benefits to public health and the environment." The judges did not give EPA a deadline to come up with new regulations, but warned the agency that this decision is not an "indefinite stay" of its July ruling. The Environmental Protection Agency had predicted that the Clean Air Interstate Rule would prevent about 17,000 premature deaths a year by dramatically reducing sulfur dioxide and nitrogen oxide emissions. In addition, the EPA said the rule would save up to $100 billion in health benefits, eliminate millions of lost work and school days and prevent tens of thousands of nonfatal heart attacks. |
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