Compensation for Damages (Law)

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      Maui Wildfire Plaintiffs Reach $4 Billion Settlement as Anniversary Nears

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      Hawaiian Electric is expected to pay the largest share — nearly $2 billion — but avoided a heftier price tag that could have forced the utility into bankruptcy.Nearly a year after a ferocious wildfire on Maui killed 102 people and leveled the historic town of Lahaina, Hawaii’s largest utility has agreed to pay the largest share of a legal settlement totaling just over $4 billion and compensating more than 10,000 homeowners, businesses and other plaintiffs.The proposed agreement was filed late Friday in a Maui-based state court, six days before the anniversary of the disaster. Fire victims and insurers have spent months in court-ordered mediation with the state, Maui County, large private landowners and utilities within the fire zone to resolve more than 600 lawsuits brought in state and federal courts by survivors of the catastrophe.The settlement, which remains subject to court approval, will cover less than half of the overall cost of the disaster — estimated at nearly $12 billion — which cut a path of destruction through one of the world’s most spectacularly beautiful destinations. More than 3,000 homes and other structures were damaged or destroyed, and thousands of residents were killed, injured or displaced.Gov. Josh Green had pushed for a single global agreement among all the parties to litigation to swiftly compensate fire victims, rather than extending negotiations for years without payment. State officials had also hoped to ward off a potentially devastating financial hit to Maui County and the bankruptcy of Hawaiian Electric, which provides electricity for more than nine in 10 of the state’s residents on Oahu, Maui, Molokai, Lanai and Hawaii Island.“Settling a matter like this within a year is unprecedented,” Mr. Green said on Friday. “And it will be good that our people don’t have to wait to rebuild their lives as long as others have in many places that have suffered similar tragedies.”Under the proposed terms, which do not include any admission of liability, the utility is expected to pay a little less than half of the $4.037 billion settlement, $1.99 billion, a considerable amount but less than the potential $4.9 billion liability that the investment research firm Capstone estimated last year would most likely bankrupt the company.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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      N.F.L. Sunday Ticket Verdict Is Thrown Out by Judge

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      The decision, five weeks after a jury awarded $4.7 billion in damages in an antitrust case, is a reprieve for the league.The $4.7 billion verdict against the National Football League for colluding to raise prices for its Sunday Ticket television package was overturned late Thursday by a federal judge, who disqualified expert testimony used by the jury to determine damages.The judge, Philip Gutierrez of U.S. District Court in Los Angeles, ruled a day after lawyers for the N.F.L. had asked him to exclude testimony from key witnesses for plaintiffs representing thousands of customers who bought Sunday Ticket, a season-long package that showed all out-of-town games and was sold by DirecTV.The jury’s verdict five weeks ago in favor of those plaintiffs threatened to upend the league’s strategy of selling exclusive television packages to broadcasters.In his 16-page decision, Judge Gutierrez said the plaintiffs’ two economic witnesses had used flawed methodology in their attempts to show that the league overcharged Sunday Ticket customers. The jury’s calculations of damages were thrown out because they were based on the witnesses’ testimony, which included comparisons to how college games are broadcast and unsubstantiated speculation on how the N.F.L. might sell games individually, the judge said.“The court finds that the jury’s damages awards were not based on the ‘evidence and reasonable inferences’ but instead were more akin to ‘guesswork or speculation,’” he wrote.Judge Gutierrez also said the jury had not followed his instructions for calculating damages, which in antitrust cases like this one are tripled and would have led to a $14.1 billion verdict against the league.“We are grateful for today’s ruling in the Sunday Ticket class action lawsuit,” the league said in a statement. “We believe that the N.F.L.’s media distribution model provides our fans with an array of options to follow the game they love, including local broadcasts of every single game on free over-the-air television.”Calls and text messages to Bill Carmody, a lawyer representing the plaintiffs, were not immediately returned.Before the judge’s decision, the N.F.L. said it was prepared to appeal the jury’s verdict. The plaintiffs can potentially appeal the decision to the U.S. Court of Appeals for the Ninth Circuit.The monthlong trial featured testimony from the N.F.L.’s commissioner, Roger Goodell; Jerry Jones, the owner of the Dallas Cowboys; and Sean McManus, who recently retired as the chairman of CBS Sports.Last season, the N.F.L. ended its relationship with DirecTV and sold the rights to the Sunday Ticket package to YouTube for as much as $2.5 billion annually. More

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      U.S. Said to Seek Boeing Guilty Plea to Avoid Trial in 737 Max Crashes

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      The Justice Department told victims’ families that it would propose a nearly $244 million fine and three years of company oversight to settle a fraud charge.The Justice Department plans to allow Boeing to avoid a criminal trial if it agrees to plead guilty to a fraud charge stemming from two fatal crashes of its 737 Max more than five years ago, according to two lawyers for families of the crash victims.Federal officials shared details of the offer on a call with the families on Sunday afternoon before bringing the deal to Boeing, according to the lawyers, Paul G. Cassell and Mark Lindquist.The terms include a nearly $244 million fine, a new investment in safety improvements, three years of scrutiny from an external monitor, and a meeting between Boeing’s board and the victims’ families, said Mr. Cassell, a University of Utah law professor.The Justice Department did not immediately respond to a request for comment, while Boeing declined to comment.Mr. Cassell, who represents more than a dozen of the families, said that he and the families found the deal to be “outrageous” and that it fell far short of what they had sought. He described the offer as a “sweetheart plea deal” because it would not force Boeing to admit fault in the deaths of the 346 people who died in the crashes in Indonesia and Ethiopia in late 2018 and early 2019.“The families will strenuously object to this plea deal,” Mr. Cassell said in a statement. “The memory of 346 innocents killed by Boeing demands more justice than this.”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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      Florida to Pay Millions to Victims of Abuses at Notorious Reform School

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      A $20 million program will give financial restitution to students who endured abuse and neglect at the hands of the state.The horrors inflicted on hundreds of boys at a notorious reform school in the Florida Panhandle remain excruciating for survivors to recount, all these years later. Forced labor. Brutal floggings. Sexual abuse.For more than 15 years, survivors of the Arthur G. Dozier School for Boys, who are now old men, have traveled to the State Capitol in Tallahassee to share their deeply painful memories and implore politicians for justice — for themselves and for the dozens of boys who died at the school.In 2017, survivors, many of them Black, received an official apology. On Friday, Florida went further: Gov. Ron DeSantis signed legislation creating a $20 million program to give financial restitution to the victims who endured abuse and neglect at the hands of the state. Mr. DeSantis signed the bill in private, his office announced late on Friday.The compensation program will allow applications from survivors who were “confined” to the Dozier school between 1940 and 1975 and who suffered from “mental, physical, or sexual abuse perpetrated by school personnel.” Survivors may also apply if they were sent to the Florida School for Boys at Okeechobee, known as the Okeechobee school, which was opened in 1955 to address overcrowding at Dozier.Applications will be due by Dec. 31. Each approved applicant will receive an equal share of the funds and waive the right to seek any further state compensation related to their time at the schools.Florida lawmakers approved the program unanimously this year. Several survivors testified at an emotional State Senate committee hearing in February that appeared to leave some lawmakers at a loss for words.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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      Did You Buy a Disneyland ‘Dream Key’? Disney May Owe You Money.

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      Disney owes a total of $9.5 million to customers who bought a $1,400 Dream Key pass over the course of two months in 2021. The payments, about $67, are going out this month.People who paid nearly $1,400 for an annual pass to Disneyland will begin receiving checks in the mail this month from a $9.5 million settlement of a class-action lawsuit that accused Disney of misleading customers into believing that the program carried “no blockout dates.”More than 100,000 people who bought the Dream Key annual pass between Aug. 25 and Oct. 25, 2021, will each receive about $67.41, a small fraction of what they paid for the pass. The payments were to begin arriving by mail or electronically starting in mid-June, according to the settlement agreement.The lawsuit was filed in November 2021 by a California woman who said she purchased a Dream Key pass to Disneyland in Anaheim, Calif., under the impression that the pass would allow her to make reservations for any day of the year. But when she tried in October 2021 to make a reservation for dates in November, she found that she was unable to do so, according to the lawsuit.The lawsuit said Disney “appears to be limiting the number of reservations available to Dream Key pass holders in order to maximize the number of single-day and other passes” that it could sell to Disneyland visitors.In addition to park admission, the Dream Key pass, which has since been discontinued, offered up to 15 percent off “select dining” and up to 20 percent off “select merchandise.”The plaintiff, Jenale Nielsen, paid $1,399 for the pass, the lawsuit said. She will receive a $5,000 payment, according to the agreement. Her lawyer did not comment on the settlement.The two parties agreed to settle the lawsuit in July 2023 to avoid a trial. Walt Disney Parks and Resorts denied any wrongdoing or liability in agreeing to the settlement. Disney and Disneyland Resort did not immediately respond to requests for comment.Settlement administrators will automatically send checks to the last known mailing addresses for members of the class. Some pass holders may have elected to receive payment digitally; the process to elect payment type closed in January. More

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      Clearview AI Used Your Face. Now You May Get a Stake in the Company.

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      The facial recognition start-up doesn’t have the funds to settle a class-action lawsuit, so lawyers are proposing equity for those whose faces were scraped from the internet.A facial recognition start-up, accused of invasion of privacy in a class-action lawsuit, has agreed to a settlement, with a twist: Rather than cash payments, it would give a 23 percent stake in the company to Americans whose faces are in its database.Clearview AI, which is based in New York, scraped billions of photos from the web and social media sites like Facebook, LinkedIn and Instagram to build a facial recognition app used by thousands of police departments, the Department of Homeland Security and the F.B.I. After The New York Times revealed the company’s existence in 2020, lawsuits were filed across the country. They were consolidated in federal court in Chicago as a class action.The litigation has proved costly for Clearview AI, which would most likely go bankrupt before the case made it to trial, according to court documents. The company and those who sued it were “trapped together on a sinking ship,” lawyers for the plaintiffs wrote in a court filing proposing the settlement.“These realities led the sides to seek a creative solution by obtaining for the class a percentage of the value Clearview could achieve in the future,” added the lawyers, from Loevy + Loevy in Chicago.Anyone in the United States who has a photo of himself or herself posted publicly online — so almost everybody — could be considered a member of the class. The settlement would collectively give the members a 23 percent stake in Clearview AI, which is valued at $225 million, according to court filings. (Twenty-three percent of the company’s current value would be about $52 million.)If the company goes public or is acquired, those who had submitted a claim form would get a cut of the proceeds. Alternatively, the class could sell its stake. Or the class could opt, after two years, to collect 17 percent of Clearview’s revenue, which it would be required to set aside.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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      Ocasio-Cortez Backs N.Y. Bill Limiting Donations to Israeli Settlements

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      Under the bill, New York nonprofits that provide financial support to Israel’s military or settlements could be sued for at least $1 million and lose their tax-exempt status.A long-shot effort by left-leaning New York state lawmakers to curtail financial support for Israeli settlements has drawn a big-name backer — but she doesn’t have a vote in Albany.Representative Alexandria Ocasio-Cortez, who rarely wades into state politics, publicly backed a bill on Monday that could strip New York nonprofits of their tax-exempt status if their funds are used to support Israel’s military and settlement activity. Her involvement underscores the extent to which the war in Gaza and Israel’s treatment of Palestinians more broadly have animated the left flank of the Democratic Party as a pivotal election approaches.“It is more important now than ever to hold the Netanyahu government accountable for endorsing and, in fact, supporting some of this settler violence that prevents a lasting peace,” Ms. Ocasio-Cortez said at a news conference. “This bill will make sure that the ongoing atrocities that we see happening in Gaza and the West Bank, as well as the ongoing enabling of armed militias to terrorize Palestinians in the West Bank, do not benefit from New York State charitable tax exemptions.”Assemblyman Zohran Mamdani and State Senator Jabari Brisport introduced the bill, called the “Not on Our Dime” act, months before the Oct. 7 attack, saying it was an effort to prevent tax-exempt donations from subsidizing violence by Israeli settlers in the West Bank. It was widely criticized by Albany lawmakers and declared a “nonstarter.” Now its sponsors say they plan to revise the bill to prohibit “aiding and abetting” the resettling of the Gaza Strip or providing “unauthorized support” for Israeli military activity that violates international law.“There’s a newfound consciousness in our country with regards to the urgency of Palestinian human rights, and we have to propose and advocate for legislation that reflects public sentiment,” Mr. Mamdani said in a recent interview, referring to some of Israel’s violence toward people in Gaza and the West Bank as “war crimes.”The lawmakers announced the relaunch of the bill at an event at Ms. Ocasio-Cortez’s Bronx district office on Monday morning, surrounded by left-leaning elected officials from the City Council and State Legislature. Asked why she had chosen to endorse a state-level bill, Ms. Ocasio-Cortez said that it was “politically perilous” to do so and that she had wanted to support her colleagues.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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      Riverside County Jail Death Lawsuit Is Settled for $7.5 Million Amid Inquiry

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      A violent encounter captured on video was part of a surge in jail deaths that spurred an inquiry into the Riverside County Sheriff’s Department.Video from inside a Southern California jail shows a violent confrontation in October 2020 in which 10 sheriff’s deputies burst into the cell of a man who was having delusions and resisting medical care, restrained him and repeatedly shocked him, leading to his death days later.Officials in Riverside County did not bring charges against any of the deputies involved in the encounter with the man, Christopher Zumwalt, 39, but quietly agreed in December 2023 to pay $7.5 million to settle a lawsuit filed by his family.Depositions from the case and video footage obtained by The New York Times show the frantic and violent minutes when deputies tried to force Mr. Zumwalt out of his cell as he paced and talked incoherently. In the video, deputies wearing helmets and shields toss canisters of pepper spray into the small concrete room, struggle with Mr. Zumwalt, and strap him to an emergency restraint chair. They cover his head with a spit mask and move him to another cell, where he sat unmonitored and appeared to stop breathing for at least five minutes. He died on Oct. 25, 2020, after experiencing cardiac arrest.Mr. Zumwalt, who was arrested near his home on Oct. 22, 2020, on suspicion of public intoxication, was never charged with a crime, and the arrest report indicates that he was to be released with a citation after he sobered up from the methamphetamine he admitted to taking the night before. On the day of his arrest, he was issued a citation for bringing drugs into a jail.In a statement Friday, Sheriff Chad Bianco said his deputies did nothing wrong and characterized the settlement as a business decision by lawyers that does not imply wrongdoing.“The facts of this case clearly show the actions of our deputies were appropriate and lawful,” Sheriff Bianco said, adding that actions taken by Mr. Zumwalt in a “methamphetamine-induced psychosis caused his death.” More