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Gae Sum Park, 81, was killed in a Los Angeles car accident, which involved a hit-and-run driver. According to a CBS News report, the fatal pedestrian accident occurred the early morning of November 20, 2010 at Olympic and Harvard boulevards in Los Angeles’ Koreatown. Officials say Park was walking outside of the marked crosswalk at the time of the fatal car accident. She sustained major body and head trauma and died at the scene of the accident. Police have described the hit-and-run vehicle as a light-colored vehicle, possibly a Toyota 4Runner.
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Posted in: Car Accident
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Rene Ambriz, 20, was killed in a Ventura car accident while riding his bicycle across the street. According to a news report in The Ventura County Star, the fatal bicycle accident occurred the evening of November 13, 2010 at the intersection of Ventura Road and West Hemlock Street in Oxnard. Police say Ambriz was riding his bicycle across Ventura Road when he was struck by a minivan driven by 42-year-old Paul Castaneda. Police also suspect Ambriz was crossing the street against a red light. He was pronounced dead at the scene of the car accident. An investigation is ongoing.
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Posted in: Bicycle Accidents
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Two people were injured in a San Diego car accident, which police say, may have involved two drunk drivers. According to a 10News report, the injury car accident occurred at the intersection of Pendleton Street and Garnet Avenue in Pacific Beach the night of November 16, 2010. Two occupants of a Toyota Corolla were injured when a Volkswagen Jetta driven by a 25-year-old woman broadsided it. The 26-year-old male driver of the Corolla and a male passenger in the car sustained broken bones. Both, the driver of the Jetta and the driver of the Corolla face alcohol-related charges.
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Posted in: DUI Accidents
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A motorcyclist was severely injured in a San Diego car accident after an elderly driver attempted to turn ahead of him. According to a news report in The San Diego Union-Tribune, the motorcyclist was traveling north on Waring Road at Orcutt Avenue the afternoon of November 17, 2010. It was then, police say, a 90-year-old driver in a Toyota made as unsafe left turn and entered into the path of the oncoming motorcycle.
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Posted in: Motorcycle Accidents
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A motorcyclist was seriously injured in a San Diego car accident involving an AT&T utility truck. According to a news report in The San Diego Union-Tribune, the injury motorcycle accident occurred on State Route 78 near Julian, the morning of November 16, 2010. The motorcycle was travelling on the steep and winding roadway when it crashed head-on into the utility truck. The motorcyclist sustained major injuries and was airlifted to a nearby hospital. It is unclear at this time if the truck was in motion or if it was parked.
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Posted in: Motorcycle Accidents
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The Supreme Court faces yet another assault on state consumer protection efforts. This time, states are trying to protect the rights of consumers to organize class action lawsuits in order to fight unruly corporations with unfair practices. These corporations have tried to thwart consumer protection efforts by requiring that customers sign away their rights to access the courts and prohibit them from using class actions to vindicate their rights.

A class action lawsuit allows a group to file a claim collectively against a defendant. Often, the defendant has treated the group of individuals in the same way, for example, by using the same business practices. Class actions are most valuable where the individual claims of the group members are small, such that filing a claim individually is too costly. By pooling their claims, consumers can increase the value of their case, making it easier to finance and secure representation.
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Posted in: Employee Rights
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The Supreme Court is faced yet again with the decision of whether to bar state court remedies to individuals who have suffered personal injury from drugs and products. The question is whether the state laws that protect product users and patients from the negligence of manufacturers are “preempted,” or wiped away, by federal laws. The cases the Court is currently faced with involve potentially dangerous vaccines, seat belt designs, and generic drugs. However, the preemption debate is about much more. It’s about whether injured individuals will ever have their day in court against the entities that failed to live up to their obligations.

“Preemption” exists when a state law is made invalid due to its interaction with a federal law, which will always be superior. However, not just any federal law will preempt a state law. A court must not invalidate a state law unless Congress intended to override the state law when it drafted the federal law. Merely being related is not enough. It must be clear that Congress’s purpose was to preempt. This can be demonstrated either by explicitly preempting state law in the federal law, or where it is impossible to satisfy both laws simultaneously, or where Congress’s involvement in a particular area is so comprehensive that it could be considered to have intended to preempt the entire area of law.
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Posted in: Defective Drugs
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Consumers could be seriously affected by a case currently before the Supreme Court assessing the legality of adhesion contracts requiring mandatory arbitration. These forceful provisions have found their way into all kinds of consumer and employment contracts and have very serious impacts for the rights of the parties. The result is that consumers and employees can sign away their rights without ever even knowing it, and when disputes arise, they find themselves locked out of the courthouse.

Mandatory arbitration is the requirement that a party proceed to arbitration instead of the civil court system when a dispute arises as between the parties to a contract. Once a contract is signed, your right to access a judge in a state or federal courthouse is gone. Arbitration is the only option. Arbitration is a procedure wherein a neutral arbiter is chosen, usually a practicing lawyer, to hear the case and decide the dispute. After arbitration, one can file a civil suit, but there are only very narrow circumstances under which a court will review the judgment of the arbitrator.
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Posted in: Employee Rights
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Gary Smith, a veteran Caltrans worker, was killed in a suspected DUI collision as he was working on Highway 99 in Butte County. According to a KTXL news report, the fatal pedestrian accident occurred near Chico the night of November 14, 2010. Caltrans workers, including Smith, were setting up a road closure on the highway when Russell Hodge drove his car through the closure and struck Smith. Police arrested Hodge on suspicion of drunk driving and second-degree murder.
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Posted in: DUI Accidents
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Five people – identified as Ana Lilia Gonzalez, 31, Lance Allen Heath, 43, and his wife Amy, 36, 57-year-old George William Miller and 37-year-old Tonya Beth Trayer — were killed in a San Diego car accident the afternoon of November 13, 2010. According to a news report in The San Diego Union-Tribune, the fatal car accident occurred on Highway 98 near Ocotillo in Imperial County, when 36-year-old Carlos Ramirez Bobadilla veered into a group of 12 motorcycles from a Lakeside motorcycle club. Among the five who died in this horrific car accident was Ana Gonzalez, a passenger in the Dodge Avenger driven by Bobadilla.
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Posted in: hit-and-run accident
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