Innocent Car-Owners Killed by VW Fraud

Posted by on Dec 18, 2015 in Emission controls of diesel cars | Comments Off on Innocent Car-Owners Killed by VW Fraud

Innocent Car-Owners Killed by VW Fraud

 

In an analysis carried out by the Associated Press, results find that Volkswagen’s rigging of emission controls on their diesel cars may not be a scandal that is fatality-free.

The analysis found that rather, the cars which produced up to forty times the amount of permitted nitrogen oxides currently permitted by U.S. law could be held accountable for five to twenty deaths per year.

Calculating the Figures
aab4b242b616e62eb119b0022aae3c196426d954In the analysis, the Associated Press attempt to calculate how much extra pollution from the cars once known as ‘clean diesels’ could have contributed to fatal lung diseases and other health problems. The AP then ran these figures past a panel of around a dozen scientists, who confirmed the method as a valid one for determining the extra pollution levels which contributed to deaths.

Emissions Software
Volkswagen has admitted to writing software into almost 500,000 diesel cars in the U.S. which rigs the car’s pollution controls, allowing them to easily pass emissions tests. The equipment is then switched off when it comes to normal everyday driving, resulting in emission and pollution levels much higher than permitted. Without the software, VW admit that these cars would never pass an emissions test, and the CEO of Volkswagen released an apology when these results were found by the U.S. Environmental Protection Agency.

image

Over seven years, this software has resulted in 16-94 fatalities, the Associated Press finds. However, the analysis is still filled with caveats, such as pollution levels varying by location and other questions raised about the level of pollution which was actually emitted as a direct result of the cars. The smog caused by the cars in question, however, is likely to have had an impact on or directly resulted in complications and even deaths of those with asthma, or even caused asthma in children.

Clean Diesel?
There is no doubt that diesel cars are very efficient, as they burn less fossil fuel and therefore reduce greenhouse-gas emissions per mile in comparison to most gas-powered cars. However, it’s unlikely that they will ever be as clean as hybrid or electric cars, especially when it comes to quality of local air. With the components included in ‘clean diesel’ technology they can certainly come closer, however the VW scandal has revealed that in order for this to be achieved, some reduction in performance may be necessary.

VW's Clean Diesel Technology

Carnegie Mellon environmental engineer professor Peter Adams stated that statistically, it is difficult to point out who has died as a result of this policy, but some people have certainly died as a result of this.
Read More

Gomez Turns Down Complete Relief In Class Action Suite

Posted by on Dec 18, 2015 in Alternative dispute resolution | Comments Off on Gomez Turns Down Complete Relief In Class Action Suite

Gomez Turns Down Complete Relief In Class Action Suite

 

In the case of Campbell-Edwald Co. Versus Gomez (14-857) the plaintiff turned down the settlement amounting favour of an expensive litigation. This is a case that started back in December of 2014, when Gomez refused to accept a settlement offer for his case regarding unsolicited advertising via text messages, covered in the Telephone consumer Protection Act. The original case involved recruitment texts sent by the Navy targeting possible new Seals recruits, of which then 40-year-old Gomez was not part of a target group, let alone consenting to receiving.
Is There Anything Left of the Lawsuit?

Fu7rtRcCQF4QqCBjiyHKBA_mThis is the question raised by both sides since moving to litigation would need to involve hundreds or thousands of plaintiffs and involve possibly millions of dollars in fees, fines, and damages. Gomez turned down the initial $1,503 offered to him, which they maintain is “complete relief”, but could be construed as being to save their own finances and prevent the case from heading into lengthy and expensive litigation.
In a report by Ronald Mann, the little attention and massive deflection of questioners lends merit to the likelihood that Campbell-Ewalds Co. is likely to eke out some sort of victory. While reporter Lyle Dennison believes that the court’s refusal to become involved in a bitter and partisan feud is not a surprise, in part because the other plaintiff groups against the prosecutor were able to stop investigations that had been ongoing for over five years.

Forced Settlement Dispute Fuels Class Action Revival

The first question raised has to do with a mooting of all the claims by Gomez. In a previous case an offer which well overcompensates the actual settlement amount cannot moot the case as a whole. Thus, even if Gomez refuses the $1,500 settlement offer, he can continue his pursuit of an appeal against the defendant thus challenging the denial of a class action suit.
immagini_thumbnailThe second question raised involves pursuing a case under the Telephone Consumer Protection Act, which protects many consumers against many telephone marketing schemes. Their statute allows for a base maximum settlement of $500, but does not allow for reimbursement of any attorney fees. Campbell-Ewald offered three times that amount to Gomez.

Persuading the Five Justices to His Cause

So far four of the justices are unconvinced by Campbell-Ewards arguments against Gomez. First Gomez must convince them that the offer does not moot his case as a hole. Second, he must convince the justices that the offer is an effort to pick off class representatives individually, in an effort to reduce the costs of their class action case as a whole.

Read More

Get needed knowledge in Social Discrimination Law

Posted by on Dec 16, 2015 in Anti-discrimination laws, The Fair Housing Act | Comments Off on Get needed knowledge in Social Discrimination Law

 

In Constitutional Law, the grant by statute of particular privileges to a class arbitrarily designated from a sizable number of persons, where no reasonable distinction exists between the favored and disfavored classes.

Federal laws, supplemented by court decisions, prohibit discrimination in such areas as employment, housing, voting rights, education, and access to public facilities. They also proscribe discrimination on the basis of race, age, sex, nationality, disability, or religion. In addition, state and local laws can prohibit discrimination in these areas and in others not covered by federal laws.

State and local laws can also protect individuals from discrimination. For example, gays and lesbians, although not yet included under federal civil rights laws, are protected in many cities by local ordinances outlawing discrimination against individuals on the basis of sexual orientation. Local anti-discrimination laws have been used to deny funding to groups that bar members because of their sexual orientation. Also law firm marketing through the media is trying to focus public attention on the rights of individuals and thus reduce discrimination

The Court held that the Boy Scouts of America (BSA), as a private organization, had the constitutional right to bar homosexual troop leaders and members from its ranks. The Boy Scouts hailed this as an important victory, but many corporations and local governments were angered by the decision.

Major corporate sponsors withdrew their support, and school districts and city councils reviewed their relationships with the BSA. The one million Boy Scouts are organized into 19,000 local troops. Many of the troops use public schools or community centers for their meetings. In light of the court decision, a number of cities around the United States either barred the Boy Scouts from using public space or required them to pay, citing anti-discrimination ordinances and policies.
employ-1

In at least 39 cities, the local United Way charitable organizations withdrew funding to the BSA, again citing anti-discrimination policies. The BSA estimated in 2002 that these decisions cut local troop income by 10 to 15 percent, totaling millions of dollars.

Same sex marriages and those with disabilities are still discriminated against even though they are protected by the law. Find out which legislation’s stand up for you.

1. Racial Profiling Laws
Racial profiling affects minorities of all ethnic and religious backgrounds in the United States. While states like Oregon, Arizona, Louisiana, New York, Georgia, North Carolina and Iowa have no racial profiling ban, Amnesty International reports that states like Nevada, California, Washington, Texas, Missouri, and Oklahoma do have bans on racial profiling of motorists, pedestrians, or both.

Content Open

Some states have chosen to extend this ban to profiling based on religion and religious appearance. Make sure you understand the profiling laws in your state in case you are unjustly accused of criminal behavior.

2. Same Sex Marriage Laws

The California and Massachusetts governments cannot prohibit same sex couples from getting married. Massachusetts legalized gay marriage in 2004, and California overturned the ban on same sex marriages in 2008.
The California Supreme Court ruled that “an individual’s sexual orientation — like a person’s race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights.”

3. Fair Housing Act
financial_optionsThe Fair Housing Act was first adopted in 1968 but has undergone several amendments since then. The legislation was enacted in order to make it illegal for anyone to refuse to rent, sell, or make housing available to another person based on their national origin, race, color, religion, sex, handicap or familial status. The law also protects individuals in mortgage lending circumstances, making it illegal for anyone to discriminate when appraising property or require different fees or contracts of someone just because of their race, religion, etc. The Fair Housing Act extends protection to individuals with a disability like AIDS, hearing or visual impairment, mental retardation, chronic alcoholism and others. These individuals are allowed to make changes to their new home as long as they are necessary for the disabled to live comfortably in the home.

Read More