Tila Tequila sued for Copyright Infringement

San Diego Chargers linebacker Shawne Merriman sought the court’s intervention for a copyright infringement suit he filed against Yila Nguyen a.k.a Tila Tequila.

Merriman alleged that Tila used his pictures to drive traffic to her site. He claimed that his business dealing with Walmart for a t-shirt distribution was delayed due to Tila’s use of his “Lights Out” trademark. He added that with such use, consumers were led to believe that there was an affiliation, connection, sponsorship or other form of relationship between them.

A copyright owner has the exclusive right to reproduce or perform a copyrighted work. Any prohibited use by another will give rise to a case of copyright infringement.

In this case, if Tila is found to be violating the copyright law, she shall be made liable for it. It is advised that she consult with a copyright lawyer to defend herself in court.

Keeping Children Safe: Proper Use of Child Safety Restraints

The California Office of Traffic Safety has recently announced that it will endow a $207,000 state grant from National Highway Traffic Safety Administration’s funds for its “Keep ’Em Safe” program.

Under the program, parents will be taught how to safely transport children in vehicles and some 2,000 child-safety seats will be given for free to low-income families in San Diego County.

By far, car crashes are the leading cause of death for the age group 2 to 14 years old. The lack and misuse of child safety restraints is the primary cause of child passenger deaths and injuries in motor vehicle accidents.

The proper use of child safety seats can reduce the risk of fatal injury by as much as 71 percent for infants and by 54 percent for toddlers in passenger cars.

An 11-year old boy recently suffered serious head injuries because he was not properly restrained even by a seatbelt, in a rollover crash in Willits. A one-year old child also got hurt in the same accident because he also wasn’t secured in a child safety seat.

California imposes the following laws on proper child restraint:

• A child who is six years of age or older but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more, may not be transported in the motor vehicle without securing the child in an appropriate child passenger restraint system or safety belt.

• Any child under the age of six years old, weighing less than 60 pounds must be secured in a federally approved child passenger restraint system and ride in the back seat of a vehicle.

But even with a mandatory child restraint law, additional efforts should be made to address child passenger fatalities in California.

The “Keep ‘Em Safe” will not just provide families the equipment to keep their children safe but also the knowledge on how to actually and effectively use the child safety restraints in order to protect and save their children’s lives.

Damage suit filed against Facebook

Apart from finding long lost loved ones and friends, social networking sites also provides games and other applications appearing to be free of charge.

But a 41-year old dance instructor realized that its subscriptions to a social networking site entailed hidden charges.

In Santa Cruz, Rebecca Swift claimed that she lost $200 while playing games on Zynga. Swift added that Zynga should compensate users who had been scammed. Zynga is a site that allows Facebook users to play against each other using virtual coins.

In response, Facebook claimed that Swift’s case was baseless but promised to fight suspicious advertisers.

Most people resort to fraudulent acts to earn a living. False advertising is one of those acts hence, punishable by law. A damage suit may be filed against these scrupulous individuals for their tortuous conduct. In turn, victims should be compensated for the pain, suffering or sleepless nights caused by such false advertising.

This incident should also be a lesson to all social network users to never give any material information pertaining to their financial accounts.

Concord Police Department Involved in another Sexual Harassment Case

In its fourth sexual harassment case in two years, the Concord Police Department is now facing off against its highest-ranking female officer, Lt. Robin Heinemann.

In her complaint, Lt. Heinemann alleged that male officers were mostly given free rein while she was passed over for promotions and disciplined for minor infractions.

In one instance, she was passed over for the position of Investigations Manager which she should have gotten because she was the most experienced lieutenant.

She was previously part of a group of eight women who filed a case in the late 1990s for sexual harassment and won a settlement of $1.25 million settlement.

Her attorney said that Lt. Heinemann tried to work within the system and had to tolerate the department’s discriminatory practices and she had no other option but to file the sexual harassment lawsuit.

Sexual harassment and sexual discrimination are the two most common employment discrimination practices committed against female employees. A recent survey revealed that 35 percent of all female employees alleged that they have experienced harassment and discrimination because of their gender.

Gender bias and sexual harassment is often rooted in ignorance. Female employees, if they are victims of harassment or discrimination should not be afraid to speak out against it. The first step in any situation where there is discrimination is to tell the offender to stop.

Should the harassment or discrimination persist despite telling the offender to stop, the female employee should report it to the employer or use the grievance system within the company if there is anything available.

If the employer or the company doesn’t act on the complaint of harassment or discrimination, the female employee may file a complaint with the Equal Employment Opportunity Commission or file a case directly in court.

Sexual harassment or gender discrimination should not be tolerated and at the same time, should be resolved promptly. A sexual harassment claim should be filed within 180 days although this may be extended depending on the employee’s state law.

Boy Bicyclist Struck and Killed by Pickup Truck

According to studies, bicycles are known to be involved in many childhood injuries compared to other consumer products, except automobiles. This may be true because bicycles provide little protection to a child’s fragile body during impact.

A 9-year-old boy bicyclist recently died after he was struck by a Ford F-250 pickup truck while on his way home from school.

According to authorities, both paramedics and police were called in after the boy was struck along Loara Street and Orangewood Avenue.

The unidentified bicyclist was brought to UCI Medical Center in Orange while he was still in a critical condition. He died after a short time.

Police said the pickup was moving westbound along Orangewood and then stopped at a stop sign. When they boy saw that the vehicle has stopped, it was apparent that he tried crossing the street in front of it when he was struck.

The incident may have been just a tragic accident, authorities said.

Parents should teach their children how to ride a bicycle properly and the ways on how to avoid being hit by passing vehicles. If they can, they should accompany their children to keep them safe from accidents.

Wrongful Death Claim: Making the Best Out of a Tragedy

On July 26, 2006, 49-year old Michael Woods went to the emergency room at Kent Hospital in Warwick, Rhode Island because he had a sore throat and was vomiting.

Michael, who happened to be the younger brother of Oscar nominated actor, James Woods, died of a heart attack three hours later while he was left to wait for an available room on a gurney in a hallway outside of the nurses’ station.

The family, who felt bitter and angry over their perception that the hospital did not do enough to save Michael, filed a case for negligence and wrongful death against Kent Hospital.

The suit was instituted by James Woods and the son of his brother, Peyton Woods.

It was only this December that the wrongful death claim was settled with the Woods family. Sandra Coletta, the hospital’s Chief Executive apologized for Michael’s death because of medical mistakes made in Michael’s case and gave the family an undisclosed amount.

The settlement received by the Woods family which would allegedly help finance the education of the three children left behind by Michael. A “Michael J. Woods Institute” will also be set up at Kent Hospital in memory of Michael’s death.

$1.25 million will be invested by the hospital into the institute over the next five years on its research on human factors that will look into reducing the risk of errors based on human behavior and decision-making.

In a statement, the family said that the family is trying to make the best of a horrible tragedy.

Wrongful death claims are often the best way for the aggrieved family members to move on following the death of a loved one.

While it may not bring back the life of their mother, their father or their brother, for many families who have lost their breadwinner, the compensation received from a wrongful death claim will help fill the void left behind by the death of the person who supported their family.

Medical malpractice in particular, can be a valid ground for filing a wrongful death claim. While having a foundation or an institute established in the name of their deceased loved one is rare, the victim’s family may expect to receive wrongful death compensation such as:

• Medical and funeral expenses
• Loss of the deceased’s expected earnings between the time of the death and the expected retirement or death
• Loss of benefits like pension plans, medical coverage, and the like
• Loss of inheritance
• Damages for mental anguish or pain and suffering of the surviving family
• Loss of care, protection, nurturing, and companionship
• Punitive Damages

The Double Dangers of Drugged and Drunk Driving

It was revealed in a 2008 National Survey on Drug Use and Health that there are around 10 million people who drive while under the influence of illicit drugs.

On Jan. 19, 2007, 28-year old Ryan Karr of Windsor was seen by witnesses driving at the speed of 70 mph during rush-hour traffic before he crashed his Mitsubishi Eclipse against a stopped Honda bearing 6 people.

Trapped inside the burning car, Maria Lopez Camacho, 54; Edith Carlos Medina, 23 and her son, Fernando Carlos, 7; Almadelia Mendera-Basurto, 16; and Carmina Solorio, 23, of Mexico were killed in the crash.

4-year-old Christian Flores Carlos survived the fiery crash but was badly burned and lost his arm and leg.

Karr allegedly worried more about the damage to his car than rescuing the victims.

According to the California Highway Patrol Officer Heather Bushey, he also did poorly on the field sobriety test where he was unable to keep his balance and failed to count correctly. Karr was also indicated to have glassy eyes.

The results from a blood sample which he gave revealed that he had consumed pot or coke within 4 to failed 8 hours of the crash. There was also a marijuana pipe found inside his car.

Karr is facing charges of five felony and five misdemeanor counts of vehicular manslaughter and a count of driving under the influence of drugs and may face up to more than 6 years in state prison if convicted.

The Institute for Behavior and Health estimate that 20% of motor vehicle accidents were caused by drugged driving.

Drugged driving may in fact, soon become bigger than drunk driving as a recent survey showed that drugs were present 7 times more frequently than alcohol among weekend nighttime drivers in the U.S.

At least 16% were tested positive for drugs as compared to 2% of the drivers who tested at or above the legal limit for alcohol.

What’s worse about the rising incidence of drugged drivers is the fact that drugged drivers are also more likely to be drunk. In a research by the National Highway Traffic Safety Administration, many drivers who tested positive for alcohol also tested positive for marijuana.

This makes drunk and drugged drivers, doubly dangerous.