Compensation for Damages (Law)

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    A $4 Billion Sex Abuse Settlement in L.A., After Childhoods of ‘Pure Hell’

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    MaryAlice Ashbrook remembers the rain on the night the Los Angeles police retrieved her, the 8-year-old child of a pill-addicted mother, and took her to the MacLaren Children’s Center, the county-run foster home where she was preyed upon. Shirley Bodkin remembers the smell of the staff member there who would put her on his lap and make her hold a Raggedy Ann doll while he hurt her. J.C. Wright remembers the social workers who accused him, at age 7, of “fabricating” when he tried telling them what a doctor there had done to him. Those memories are decades old. Ms. Ashbrook is 65 now, a retired bookkeeper in Yuma, Ariz. Ms. Bodkin is 58, the mother of two grown sons in the Southern California beach town of Dana Point. Mr. Wright is 42, a truck driver and father of four in suburban Los Angeles.Whole chapters of their lives have gone by — marriages, children, careers — yet the memories have never ceased to torment them. Ms. Ashbrook tried electroshock therapy. Ms. Bodkin attempted suicide. Mr. Wright lived on the streets for years, ending up in prison. There was no escaping the nightmares, they said in interviews on Sunday. So they turned to the courts for some measure of relief.Last week, it arrived, for them and nearly 7,000 other plaintiffs who say they were sexually abused as children in Los Angeles County’s juvenile detention and foster care systems, in cases dating to the late 1950s. In a settlement that lawyers say is the largest of its kind in the nation, the county publicly apologized and agreed to pay a record $4 billion, dwarfing previous settlements in child sex abuse cases brought against the Boy Scouts of America and the Archdiocese of Los Angeles. The wave of claims — so immense that officials had warned before the deal that Los Angeles County, the nation’s most populous, could be bankrupted by it — came after California gave childhood victims a new window to sue, even though the statute of limitations had expired. The county’s Board of Supervisors is expected to formally approve the payout on April 29.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Chevron Must Pay $745 Million for Coastal Damages, Louisiana Jury Rules

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      The verdict will likely influence similar lawsuits against other oil companies over coastal damage in the state.A jury in Louisiana has ruled that Chevron must pay a parish government about $745 million to help restore wetlands that the jury said the energy company had harmed for decades.The verdict, which was reached on Friday, is likely to influence similar lawsuits filed by other parishes, or counties, in the state against other energy giants and their possible settlement negotiations.The lawsuit, filed by Plaquemines Parish, is one of at least 40 that coastal parishes have filed against fossil fuel companies since 2013.The lawsuit contended that Texaco — which Chevron bought in 2000 — violated state law for decades by failing to apply for coastal permits, and by not removing oil and gas equipment when it stopped using an oil field in Breton Sound, which is southeast of New Orleans.A state regulation in 1980 required companies operating in wetlands to restore “as near as practicable to their original condition” any canals that they dredged, wells that they drilled or wastewater that they dumped into marshes.Oil industry infrastructure in coastal waters in Plaquemines Parish, La.William Widmer for The New York TimesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      $3.5 Million Settlement in Sacramento Jail Death

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      The fatal overdose of a homeless man at a Sacramento County jail is one of multiple deaths in which staff have been accused of medical neglect.The family of a man who died from an overdose in a Sacramento County jail after being left unattended for hours have agreed to a $3.5 million settlement.That man, David Kent Barefield Sr., 55, was dragged across a garage into the jail last May, not given a medical exam despite being visibly ill, handcuffed in a cart while awaiting booking and only offered medical aid in his final minutes, jail footage shows.Mr. Barefield’s relatives described the neglect in a civil case filed last December against the county’s Sheriff’s Office, its health department and the City of Sacramento police. The settlement was confirmed by the family’s lawyer and by a county spokeswoman; a copy of the document shows it was signed on March 5. The case with the city is still pending.The Sheriff’s Office investigated Mr. Barefield’s death and found that none of its employees violated any law or policy, according to a redacted report that was released to The New York Times and The Desert Sun on Thursday.Mr. Barefield being dragged inside the jail, as captured in surveillance footage.via Sacramento Sheriff Legal AffairsThe details of Mr. Barefield’s last hours are captured in surveillance and body camera video obtained by The Times and The Sun through a records request. The organizations previously reported some of that information, citing accounts from lawyers and medical experts who investigated the death and six others in the county’s jails last year as part of a federal court monitoring program. The court had appointed those monitors in a class-action lawsuit related to broader complaints about medical care in the facilities.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Jury Awards $120 Million to Illinois Men Wrongfully Convicted of Murder

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      John Fulton and Anthony Mitchell were teenagers when they were coerced into giving false confessions in a 2003 murder in Chicago.A federal jury in Chicago awarded $120 million on Monday to two Illinois men who spent more than 16 years behind bars for a 2003 murder they did not commit.John Fulton and Anthony Mitchell were teenagers when they were convicted in 2006 for the murder of Christopher Collazo, whose body was found bound and partly burned in an alley on the South Side of Chicago in the early hours of March 10, 2003. Their convictions were vacated in 2019.Mr. Fulton and Mr. Mitchell each filed a federal lawsuit in 2020 against the City of Chicago, the Cook County State’s Attorney’s Office and several Chicago police officers, arguing that the men had been framed and were coerced into giving false confessions.After a month of testimony, a federal jury deliberated for two days before finding that the men had been railroaded into giving false confessions and that detectives had fabricated evidence against them, according to court records. Mr. Fulton and Mr. Mitchell were each awarded $60 million in damages.Mr. Fulton said in a phone interview on Tuesday that he knew his day of justice would come.“It was a sense of relief,” he said of the verdict. Referring to others still serving time for crimes they did not commit, he added, “I also thought about all the others who haven’t gotten a chance to see this day for themselves.”Jon Loevy, a lawyer for Mr. Fulton and Mr. Mitchell, described the moment the jury read its verdict as “very emotional.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      More Women File Lawsuits Against Brothers Accused of Sex Crimes

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      Tal Alexander and his brothers, Oren Alexander and Alon Alexander, who are twins, now face at least 24 civil lawsuits, as they await trial on federal sex-trafficking charges.Seven lawsuits were filed this week against one or more of the Alexander brothers, who are facing multiple accusations of sexual assault in both civil and criminal court. The newest allegations against Tal Alexander and his brothers, Oren Alexander and Alon Alexander, who are twins, came this week in a flurry of last-minute claims all brought against the men as a legal window for decades-old allegations is closing. Two of the lawsuits were filed on Friday night to meet a midnight deadline.The Alexanders are collectively now facing at least 24 lawsuits, deepening the legal troubles for the brothers once known for their jet-setting lifestyles fueled by the work of Tal Alexander and Oren Alexander in the luxury residential real estate. In the latest batch of lawsuits, the net of allegations has widened to include their parents; Douglas Elliman, the real estate brokerage where Tal Alexander and Oren Alexander once worked; the Alexander family business; and the owner of an estate in the Hamptons who frequently hosted parties that the brothers attended.The claims add new twists to the maze of sexual assault allegations against the brothers who were arrested in December in Miami Beach on federal sex-trafficking charges. Currently jailed in New York, they are scheduled to go to trial early next year. All three have pleaded not guilty.Just a few years ago, the brothers were fixtures of a social circuit in Miami and Manhattan, making their nightlife adventures part of their brand. Tal Alexander and Oren Alexander were among the country’s most prominent real estate agents, while Alon Alexander, who ran the family business Kent Security Services and did not work in real estate, accompanied them on the circuit.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      ‘Day of Reckoning’: Trial Over Greenpeace’s Role in Pipeline Protest Begins

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      Energy Transfer, which owns the Dakota Access Pipeline, is seeking $300 million, a sum that Greenpeace says could bankrupt the storied environmental group.Lawyers for the pipeline company Energy Transfer and Greenpeace fired their opening salvos in a North Dakota courtroom Wednesday morning in a civil trial that could bankrupt the storied environmental group.The suit revolves around the role Greenpeace played in massive protests against construction of the Dakota Access Pipeline nearly a decade ago. The pipeline, which carries crude oil from North Dakota across several states to a transfer point in Illinois, was delayed for months in 2016 and 2017 amid lawsuits and protests.The trial commenced on Wednesday with opening arguments in a quiet county courthouse in Mandan, N.D. Greenpeace says Energy Transfer, which built the Dakota Access Pipeline, is seeking $300 million in damages.Energy Transfer, one of the largest pipeline firms in the country, accused Greenpeace of inciting unrest that cost it millions of dollars in lost financing, construction delays, and security and public-relations expenses. Trey Cox, its lead lawyer, told the nine-person jury that his team would prove that Greenpeace had “planned, organized and funded” unlawful protests. He called the trial a “day of reckoning.”Everett Jack Jr., the lead lawyer for Greenpeace, gave a detailed timeline to rebut aspects of that account, saying Greenpeace played a minor role in the demonstrations, which drew an estimated 100,000 people to the rural area.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Activists Sent to Prison for Pouring Powder Over Case Holding U.S. Constitution

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      One climate activist was sentenced to 18 months in prison, the other to two years. They said that they had meant to draw attention to climate change.Two climate activists who dumped red powder over the display case that holds the U.S. Constitution at the National Archives Museum in February were each sentenced this week to more than a year in prison.Judge Amy Berman Jackson of U.S. District Court for the District of Columbia on Tuesday sentenced one activist, Jackson Green, 27, of Utah, to 18 months in prison to be followed by two years of supervised release.On Friday, Judge Jackson sentenced the other activist, Donald Zepeda, 35, of Maryland, to two years in prison with two years of supervised release.They must pay $58,607.59 in restitution to the National Archives, according to court records.In an episode that was captured on video, Mr. Green and Mr. Zepeda poured powder over the display case in the rotunda of the National Archives Museum on Feb. 14 in what prosecutors described as a “stunt” that was meant to draw attention to climate change.The two men also poured powder over themselves and stood in the rotunda, calling for solutions to climate change.The Constitution was not damaged, according to the National Archives Museum, which said that the powder was made of pigment and cornstarch.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Lahaina Fire Settlement is Caught up in Legal Fight With Insurers

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      Insurers that paid claims in Maui say a deal unfairly keeps them from recouping their own losses.The ashes of last summer’s devastating fire in Lahaina on Maui, which killed 102 people and destroyed the town, were still smoldering when talk turned to how fraught the rebuilding process would be.Fire victims would need help fast, and Hawaii officials pushed hard for a quick resolution to the avalanche of lawsuits filed against the entities that had caused the fire: the state’s electric utility, a school system and Maui County, among others.Just days shy of the fire’s one-year anniversary in August, a settlement was announced: Together, those responsible would pay $4 billion to settle more than 600 lawsuits; compensate over 10,000 homeowners, businesses and others; and — critically — keep key institutions, like the utility, solvent.But getting a deal done that quickly meant adopting an unorthodox approach to the insurance industry’s role in the settlement — one that the industry is challenging. Now, hopes for a timely payout are at the mercy of the courts.Typically, insurers pay claims and then sue whomever they blame for the damage — like the driver who might have caused a car accident — to recover some of what they paid. In the Lahaina settlement, the insurers are instead expected to seek repayment from the people and businesses they insured. A person who received a share of the $4 billion deal from a pain-and-suffering claim, for example, could have to pay a portion of that to the insurance company.The industry is balking at this idea, saying it upends a core piece of its business model. Insurers have turned to state and federal courts to try to block the deal, slowing it down and frustrating fire victims and Hawaii leaders.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Zantac’s Developer Settles Lawsuits Claiming Cancer Link

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      GSK, which developed and sold versions of the now-discontinued blockbuster heartburn drug, agreed to pay up to $2.2 billion.The British drug maker GSK said on Wednesday that it would pay up to $2.2 billion to settle most of the lawsuits filed against it by people who claim that they developed cancer after taking a now-discontinued blockbuster heartburn drug commonly known by the brand name Zantac.GSK, which developed the drug decades ago and sold a version of it until 2017, did not admit liability in settling the cases. The evidence is mixed on whether the drug elevates the risk of cancer, but the concern that the drug might was sufficient to get it removed from the market.An over-the-counter medication sold today as Zantac 360 by Sanofi has a different active ingredient from the withdrawn versions of Zantac and has not raised questions about a cancer link.In 2019, the Food and Drug Administration said it had detected low levels of a cancer-causing contaminant known as NDMA in samples of Zantac, which at that time was widely sold by prescription and over the counter. Manufacturers soon voluntarily withdrew their versions of the drug, and pharmacies pulled the products from their shelves.The next year, the F.D.A. recommended that the drug no longer be sold or used, saying that when stored for long periods its active ingredient can degrade and cause a buildup of NDMA, creating a danger of cancer.Other research has found that Zantac users were no more likely to develop cancer than people who took other drugs that suppress the production of stomach acid.Tens of thousands of Zantac users have filed product liability lawsuits against GSK and other makers of versions of Zantac. This year, juries in Illinois that heard the first few such cases sided with the manufacturers or failed to reach a verdict.Several other pharmaceutical companies that previously sold versions of the drug, including Sanofi and Pfizer, reached similar settlements this year. Boehringer Ingelheim, a former manufacturer that has not settled, is in court in California this week defending itself in a jury trial brought by a man who claims that over-the-counter Zantac caused his bladder cancer.GSK’s settlement on Wednesday will resolve claims by about 80,000 plaintiffs in the United States. The company said it had also agreed to pay $70 million to settle a whistle-blower complaint by an independent laboratory, Valisure, whose testing first raised the alarm about a link between Zantac and cancer. In that lawsuit, Valisure accused GSK of knowing that the drug elevates cancer risk and of keeping quiet about it.The suit was unsealed this year after the Justice Department declined to either join the suit or recommend that it be dismissed. The company denies Valisure’s allegations. More