Massey Energy has settled a lawsuit filed by the family of a contract worker killed at one of the company’s West Virginia coalmines. Massey Energy Company, headquartered in Richmond, Virginia, with operations in West Virginia, Kentucky and Virginia, is the largest coal producer in Central Appalachia and is included in the S&P 500 Index.

Massey paid the family of Steven Cain $2.1 million. Cain died in an accident at Massey’s Justice No. 1 mine in October 2008.  Federal inspectors found that Cain had “little mining experience” and “minimal training,” and criticized Massey for overloading the supply cars. Virginia-based Massey owns the Upper Big Branch mine in Raleigh County, where 29 men died and two were injured in an April 5 explosion. The blast is the subject of civil and criminal investigations.

“Massey Energy extends its deepest condolences to the families who lost loved ones at Upper Big Branch.” This was the message posted by Massey Energy on its website. “Massey will continue its efforts to investigate the accident and update the families.”

Here is a video of an interview of Massey Energy CEO with Fox Business. (Courtesy of YouTube.com)

Many workers are injured on their job site on a daily basis. Working with cranes, forklifts, scaffolding, heavy equipment, and toxic chemicals, all pose danger to the hard working individuals who earn their living in the construction industry. Construction workers face some of the most dangerous working conditions in America. These dangers are increased when construction companies force employees to work overtime and under tight deadlines.

At M&A Law Firm, we will help relieve the stress by helping answer all of your questions for you and your family so you can focus on your recovery. Call us (1-866-789-1664) or click here to fill the online inquiry form, and receive the excellent service that you deserve.

Last Thursday, hundreds of activists staged a protest in Century City outside of the JP Morgan Chase-owned Century Plaza building in support of 16 janitors who were laid off in a company cost-cutting move. The Service Employees International Union (SEIU) organized the demonstration, including a hunger strike – part of a series of actions that ended on Friday. Thirteen protesters were arrested after they sat down in the middle of a street intersection in an act of civil disobedience while chanting, “While banks get bailed out, workers get tossed out!” 

“We are protesting to call on JP Morgan Chase to help bring these janitors back to work,” said Mike Chavez, a spokesman for the service employees union SEIU United Service Workers West. “JP Morgan paid out billions in bonuses last year, while janitors only make $13.50 an hour are being laid off.  Many of these hardworking families have no way to put food on the table, or pay rent.  When questioned about this matter, the JP Morgan Chase bank was not worried, pointing out that they have a contract with ABM Industries who takes care of cleaning the buildings. ABM is among the largest maintenance contractors in the country, earning $855.5 million just in their second quarter this year. On ABM’s website, they explain their corporate principles which state they “respect their employees and treat everyone just and fairly.” Many of ABM’s employees feel as if the company is not living up to their corporate principles, like Rosa Mirna Cruz, who cleans the 2000 Avenue of the Stars building says, “They are leaving us and our families without food and without a way to pay for rent.”

Many feel that these 16 janitors were tossed out into the street by a major money-making company who was searching to cut its costs at all efforts.  These protests are the latest expression of outrage among the working classes across the country, who have suffered massive job losses and wage stagnation, while banks got bailed out to the tune of billions of dollars.

The Nevada Supreme Court is upholding the $32.2 million defective tire verdict against Goodyear Tire & Rubber Company in the tire blowout accident that killed three victims and injured seven others. Goodyear had argued that the jury award was excessive. However, the court says that the loss of life and serious injuries justify the amount. A suit was filed by the surviving relatives and guardians of the children against Goodyear, Ford Motor Company and Valley View Hitch & Truck Rental. Both Ford and Valley View settled their claim. The judge found that Goodyear “has taken the approach of stalling, obstructing and objecting” in its pre-trial behavior. As, a sanction the court ruled that Goodyear could not present a defense of liability , but could only argue to the jury the amount of compensatory damages and if it was subject to punitive damages. The jury came back with the $32.2 million verdict but didn’t return punitive damages.

Defective Products can cause great injury and range from cars and trucks to children’s toys. If you or your loved one is seriously injured by a defective or dangerous product, please contact one of our products liability attorneys for a free consultation to discuss your rights and potential claim. Our attorneys will aggressively fight to get you the money damages you and your family are entitled to. We are the LAWYERS ON YOUR SIDE™. Call us (1-866-789-1664) or click here to fill the online inquiry form, and receive the excellent service that you deserve.

A lawsuit filed by 152 technical writers of Sun Microsystems (company that developed the leading programming language, Java, and managing numerous other database and programming tools including Oracle), finally got a preliminary approval for $5 million. According to the lawsuit, writers were not paid by Sun, for working overtime or during mean breaks.

The lawsuit challenged the computer company’s policy of classifying the writers who produce technical documents and information manuals as professionals exempt from State of California overtime laws.

The writers often worked around 60 hours a week during the launch of new products, and should have been paid time and half for every hour over 40. Employees who disagree with the settlement can present their objections to the court.

Working overtime during busy days of the year is pretty common in large companies. There are always deadlines to meet, and most of the times deadlines are passed by days or months. So, there is urgency from the management and managers, but most companies are extremely comfortable with overtimes. Some companies have a CUT-OFF number (above 40 hours) each week, and above which employees are clearly told not to work.

If you ever come across a situation where you are not paid for the overtime work you completed at your job, you need to contact an experienced attorney for that. Our team of attorneys at M&A Law Firm is experienced in dealing with cases like these. So feel free to contact us at 1-866-789-1664, or 972-789-1664, or email us at contact@dallasarealaw.com

In the Social Media Age, libel and slander can be devastating to a person or the reputation of a business.  Venting, publicly, privately or anonymously about your conflict or dissatisfaction can possibly lead to overwhelming retaliation. The difficulty with venting on any social media platform is that people and businesses are listening and what’s said in the social media spaces and places can be easily disseminated around the web in seconds. Sometimes, one person’s complaint prompts others to vent with even sharper, harsher complaints.

 ”Most people have no idea of the liability they face when they publish something online,” says Eric Goldman, an Internet law expert at Santa Clara University. A whole new generation can publish now, but they don’t understand the legal dangers they could face. Many of those businesses that have been bashed by previous clients or employees have turned to the courts in order for their business name to be restored. And in Canada, courts are also ordering ISPs to identify individuals who have posted defamatory material online anonymously, writes attorney Maanit Zemel in a July 26 article in Law Times. 

The Times Article reported, a District of Nevada order was upheld by the San Francisco – based 9^th U.S. Circuit Court of Appeals, which enforced the ISP identities of three individuals who were charged with an “Internet smear campaign via anonymous postings” against Quixtar, a multi-level marketing (MLM) or network marketing company.  Quixtar had sued, contending the postings were damaging to its business. The judge who first ordered the disclosure said the Internet had “great potential for irresponsible, malicious and harmful communication.” Moreover, the “speed and power of Internet technology makes it difficult for the truth to ‘catch up to the lie,’ ” he wrote.

Thus, a plaintiff who seeks to unveil the anonymous bloggers must be aware of the possible legal repercussions as well.   Those who proceed without a sufficient basis to establish a defamation claim might face significant consequences down the road. Media law experts also repeat the advice that bloggers and e-mailers need to think twice before a posting an ill message.

A new report from Mike Kirby, chairman of Green Street Advisors, a Real Estate Investment Trust (REIT) research firm predicts that commercial real estate could see a bounce back in the future, giving some hope to growing property values in the future. Property prices are to remain choppy for some time as commercial real estate markets and the broader economy continue their slow recovery from the recession.

Commercial real estate prices fell 40% as the economy stumbled in June, marking the first monthly price decline of the second quarter and the third decline this year, according to Moody’s. Buyers and sellers of commercial property are profiting with prices that are substantially above where deals are closing.

 The biggest increases in value are the same sectors that had the biggest decreases.  It was hotels and offices that went down most, and now it is these two, which has bounced back. The market will continue to face challenges, but commercial real estate experts saw enough positives in the quarter to be cautiously optimistic about continuing improvement in 2010.

About 350,00 woven storage trunks have been recalled by Target Corp. The lid of the trunk can drop suddenly when released, posing a strangulation hazard to small children opening or reaching into the trunks. CPSC has received two reports of injuries that occurred when the storage trunks lid suddenly closed on children. The recall involves 14 different models of the storage trunks made of woven rattan, abaca or banana leaf with standard hinges. Consumers should immediately stop using the recalled storage trunks and return them to any Target store for and full refund or replacement product.

U.S. retail giant Wal-Mart announced that it is recalling Miley Cyrus-brand jewelry after learning it contains high levels of cadmium- a toxic metal known to cause kidney failure. The jewelry is especially dangerous for children because they are more likely to touch their hands with the product and put their hands in mouth. The cadmium in the jewelry can also be absorbed into the skin. The giant retailer says it is “possible that a few younger consumers may seek it out in stores”. Wal-mart has removed all of the jewelry from shelves while it investigates, the statement added.

The Food and Drug Administration has fined the American Red Cross $16 million for violating blood safety laws and other regulations. Among the problems were mislabeling of blood, failing to record complete information about donors and potential air contamination. The $16 million fine is only the latest penalty assessed against the organization. The FDA has already sent 12 letters to the American Red Cross and imposed over $21 million in fines since 2003. According to the FDA, the Red Cross has taken significant steps to correct the problems.

Petco Animal Supplies has paid $1.75 million in penalties to settle a case in which the company was accused of overcharging California customers and neglecting animals in its stores. The settlement has received court approval. It was filed as a result of state and county inspections of Petco stores around the state between 2005 and 2008. According to prosecutors, an investigation revealed that Petco failed to remove expired price tags from store shelves and did not instruct its employees on weighing and charging bulk sale items such as dog biscuits. Petco must also conduct regular pricing audits, according to the settlement. Inspections of Petco stores by the humane society officials revealed that some animal habitats were not being properly maintained. As a condition of the settlement, Petco agreed to conduct daily animal and habitat inspections and comprehensive employee training.