Suits and Litigation (Civil)

Subterms

    More stories

    • 150 Shares119 Views

      in Elections

      Gov. Jim Justice Faces Heavy Business Debts as He Seeks Senate Seat

      by

      The Justice companies have long had a reputation for not paying their debts. But that may be catching up to them.Jim Justice, the businessman-turned-politician governor of West Virginia, has been pursued in court for years by banks, governments, business partners and former employees for millions of dollars in unmet obligations.And for a long time, Mr. Justice and his family’s companies have managed to stave off one threat after another with wily legal tactics notably at odds with the aw-shucks persona that has endeared him to so many West Virginians. On Tuesday, he is heavily favored to win the Republican Senate primary and cruise to victory in the general election, especially after the departure of the Democratic incumbent, Joe Manchin III.But now, as he wraps up his second term as governor and campaigns for a seat in the U.S. Senate, things are looking dicier. Much like Donald J. Trump, with whom he is often compared — with whom he often compares himself — Mr. Justice has faced a barrage of costly judgments and legal setbacks.And this time, there may be too many, some suspect, for Mr. Justice, 73, and his family to fend them all off. “It’s a simple matter of math,” said Steven New, a lawyer in Mr. Justice’s childhood hometown, Beckley, W.Va., who, like many lawyers in coal country, has tangled with Justice companies. Mr. Justice and his scores of businesses would be able to handle some of these potential multimillion-dollar judgments in isolation, Mr. New said. But “when you add it all up, and put the judgments together close in time, it would appear he doesn’t have enough,” he said.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

    • 125 Shares99 Views

      in Elections

      Judge Blocks New U.S. Rule Limiting Credit Card Late Fees

      by

      Set to take effect on Tuesday, the rule would save households $10 billion a year in “junk fees,” the Consumer Financial Protection Bureau said.In March, the Consumer Financial Protection Bureau announced that a new federal rule would cap fees on late credit card payments at $8 a month, estimating that the change would save American households $10 billion a year.On Friday, a federal judge in Fort Worth temporarily blocked the rule, siding with bank and credit card company lobbyists who contend in a lawsuit that it is unconstitutional.The rule was scheduled to take effect on Tuesday. Now, the lobbyists can continue their legal fight in U.S. District Court before Judge Mark T. Pittman, who granted the preliminary injunction.The consumer bureau’s new rule would limit issuers to an $8 fee unless they could show that more money was needed to cover their collection costs. The bureau estimated that the rule would apply to more than 95 percent of all outstanding credit card balances.The Federal Reserve previously aimed to significantly limit credit card late fees in 2010. But a loophole in its rule, which permitted adjustments for inflation, allowed banks and credit card companies to charge an average of $32 a month in late fees, according to the consumer bureau.In announcing the new rule, Rohit Chopra, the bureau’s director, said it would end “the era of big credit card companies hiding behind the excuse of inflation when they hike fees on borrowers and boost their own bottom lines.” President Biden backed the rule, saying, “The American people are tired of being played for suckers.”Two days later, the U.S. Chamber of Commerce joined the American Bankers Association and the Consumer Bankers Association — whose boards of directors include executives from Bank of America, Capital One, Citibank and JPMorgan Chase — in suing Mr. Chopra and his bureau. Three Texas business associations are also plaintiffs. More

    • 138 Shares189 Views

      in Elections

      Neil Portnow Accuser Asks Court to Dismiss Her Sexual Assault Lawsuit

      by

      The woman, who sued the former head of the Grammy Awards anonymously, expressed concern that her identity would be revealed in the proceedings.A woman who filed a lawsuit accusing Neil Portnow, the former head of the Grammy Awards, of drugging and raping her in a New York hotel room has asked a federal judge for her case to be dismissed.The request by the woman, who filed her suit anonymously in November, was addressed to Judge Analisa Torres of Federal District Court in Manhattan over the weekend via email, and it was posted on Monday to the court’s website. Days before, her lawyers had opposed a statement by Mr. Portnow’s lawyers to require the woman to use her real name in the case.In her letter, the woman made clear that she was concerned about her identity being revealed. She also noted a dispute with her lawyers. Despite their opposition to Mr. Portnow’s request, she wrote that her lawyers’ filing “did not accurately reflect my position.”Also on Monday, her lawyer, Jeffrey R. Anderson, filed a motion to withdraw as her counsel. Mr. Anderson said she had submitted the letter without his knowledge, and that “the attorney-client relationship has deteriorated beyond repair.” Reached by phone on Tuesday, Mr. Anderson declined to comment.The woman’s lawsuit, originally filed in New York State Supreme Court in Manhattan, arrived as a legal window in New York was drawing to a close that had allowed people to file civil suits alleging sexual assault even if the statute of limitations for their cases had expired. The case was removed to federal court in January.The woman, who was identified in her suit only as a musician from outside the United States, said she met Mr. Portnow, then the chief executive of the Recording Academy, at a Grammy event in New York in early 2018. According to her complaint, that June he invited her to a Manhattan hotel room where he was staying. He gave her wine and she lost consciousness, according to the suit, and the woman said that she awoke to find him “forcibly” penetrating her.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

    • 75 Shares189 Views

      in Elections

      A Land Artist’s Work Evades Demolition

      by

      A federal judge granted a temporary restraining order protecting a work by Mary Miss. A Des Moines museum wanted to destroy it, citing safety concerns.A work of environmental art by Mary Miss has evaded demolition — for now. A judge in the U.S. District Court in Des Moines on Friday granted her request for a temporary restraining order that would bar the Des Moines Art Center, the museum that commissioned the land art installation, from dismantling it. The museum maintains it has become a safety hazard and that the resources to repair it are not available.The decision, the Art Center said in a statement, amounts to “a court-ordered stalemate.”While the judge, Stephen H. Locher, found that destroying the work, “Greenwood Pond: Double Site” (1989-1996), would violate the Art Center’s contract with the artist, he also said that Miss could not force the museum to restore it to its original condition. He wrote, “The end result is therefore an unsatisfying status quo: the artwork will remain standing (for now) despite being in a condition that no one likes but that the court cannot order anyone to change.”The lawsuit is the latest twist in a fight over the fate of “Greenwood Pond,” which has highlighted the difficulty of preserving large-scale public artworks, especially for smaller institutions. Located on the grounds of a city-owned park next to the museum, the installation is a collection of sloping walkways, wooden sitting areas, huts and towers that encourage visitors to engage with the landscape. Over the years, the wood has degraded substantially, and the Art Center estimates that it would cost between $2 million and $2.6 million to restore it. (Miss contests that, but has not provided another figure.)In an interview on Tuesday, Miss said, “I don’t know why the museum wouldn’t come to me at this point and try to work this out instead of spending more money on legal fees.”Having visited “Greenwood Pond: Double Site” while in Des Moines to testify, she said she felt a newfound appreciation for the work. “I just can’t imagine this whole thing going south at this point,” she said.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

    • 113 Shares199 Views

      in Elections

      Investor’s Lawsuit Accuses 777 Partners of $600 Million Fraud

      by

      In a suit filed in federal court in New York, a firm that provided hundreds of millions of dollars to 777 accused the company of double-pledging its collateral to other investors.The American investment firm 777 Partners, whose bid to buy the English Premier League soccer team Everton has been on hold for months amid doubts about the company’s finances, was accused by one of its lenders on Friday of running a yearslong fraud scheme worth hundreds of millions of dollars.The accusation came in a lawsuit filed Friday in federal court in New York by Leadenhall Capital Partners, a London-based asset management company. It said that it had provided 777 Partners with more than $600 million in financing, only to discover that roughly $350 million in assets serving as collateral for the loans either were not in 777’s control or had already been pledged to other lenders.The lawsuit is the latest, most serious claim against 777 Partners, which has for years made bold assertions about its financial health — it has previously claimed $10 billion in assets — even as it was trailed a string of lawsuits, corporate failures and unpaid bills.The suit could have immediate implications for 777’s stalled bid to buy Everton: The Premier League has not approved the sale, and the financially strapped club recently said it was seeking alternate investors.But questions about the company’s balance sheet also carry the risk of contagion for the broader world soccer market, given that 777’s portfolio includes ownership stakes in teams in Australia, Brazil, Belgium, France and Germany, and because it owes debts at all of them.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

    • 125 Shares119 Views

      in Elections

      Jury in Federal Lawsuit Deadlocks on Abu Ghraib Torture Allegations

      by

      Three Iraqi men sued a Virginia contractor that supplied interrogators to the U.S. military after the 2003 invasion of Iraq.A federal jury in Virginia said on Thursday that it was unable to reach a verdict in a lawsuit filed by three Iraqi men who said they were tortured while being held by the United States at the notorious Abu Ghraib prison two decades ago.The jurors had deliberated for almost eight days, and with the panel still deadlocked the judge in the case, Leonie M. Brinkema of the U.S. District Court in Alexandria, declared a mistrial on Thursday.The three plaintiffs had sued a defense contractor, CACI Premier Technology, asserting that CACI employees working as interrogators at the prison directed U.S. military guards to abuse the men in an effort to “soften” them up.The testimony of the three men last month was the first time a civilian jury had heard allegations of post-9/11 abuses directly from detainees.In a handwritten note to the judge on Thursday, the jury foreman wrote that the jury could not reach a unanimous verdict, largely because of differing interpretations of the evidence and of a legal defense known as the “borrowed servant” doctrine, where CACI could avoid liability by proving that its employees were under government control.The mistrial means that the lawsuit, filed in 2008, can continue, if the plaintiffs seek another trial and the court agrees.The plaintiffs were represented by the Center for Constitutional Rights, a human rights organization, and Patterson Belknap Webb & Tyler, a law firm in New York.Baher Azmy, a lawyer at the Center for Constitutional Rights, said the plaintiffs’ legal team would “pursue our right to a retrial.”J. William Koegel Jr., CACI’s general counsel, did not respond to a request for comment.In 2013, another contractor that had employees at Abu Ghraib settled a similar case by agreeing to pay $5 million.The trial in the lawsuit came 20 years after the abuse at Abu Ghraib was exposed.Marco Di Lauro/Getty ImagesFor more than a decade, CACI sought to have the case against it dismissed, filing a host of motions and appeals challenging the viability of the plaintiffs’ claims. In particular, CACI sought immunity from claims filed under the Alien Tort Statute, which permits foreign citizens to seek damages in federal court for violations of international law.In 2013 and again in 2021, the U.S. Supreme Court limited the statute’s scope, requiring that the conduct at issue be closely tied to the United States. CACI invoked those decisions to argue that the three Iraqi men’s lawsuit should be thrown out, but Judge Brinkema ruled that the case could proceed.During five days of testimony, the jury heard the three plaintiffs, now middle age, describe their treatment in U.S. custody at Abu Ghraib.One plaintiff, Salah Al-Ejaili, said he was shackled naked in a painful stress position, kept that way overnight and ordered to wipe up his own vomit the next morning. Asa’ad Al-Zuba’e said he was forced to crawl on his stomach down a hallway with a bag over his head, until his legs bled. Suhail Al Shimari said he was threatened with rape and death.“I had no control over what was happening to me, or what would happen to me,” Mr. Al-Ejaili said.The jury also heard testimony from two retired Army generals who had investigated Abu Ghraib. A report by one of them, Gen. Antonio Taguba, found that one of CACI’s civilian interrogators “made a false statement” and “clearly knew his instructions equated to physical abuse” that was carried out by U.S. military police.The trial in the lawsuit came 20 years after the abuse at Abu Ghraib was exposed, with the publication of photos taken by Abu Ghraib guards showing military police pulling a detainee by a leash, posing beside a pyramid of naked detainees and giving a thumbs-up sign beside an ice-packed corpse.The photos were followed by revelations that senior Bush administration officials had authorized brutal “enhanced interrogation techniques” after the terror attacks of Sept. 11, 2001. But the military characterized the Abu Ghraib abuses as the misconduct of a few bad apples. Fewer than a dozen enlisted soldiers were convicted in courts-martial and sentenced to military prison.“Everyone knew it was wrong,” said Charles A. Graner, one of the convicted soldiers who was often described as the “ringleader” of the troops committing abuses at the time. “And no one was willing to step up and stop it.”The defendant, a subsidiary of CACI International, based in Virginia, has denied wrongdoing. None of the most damning images from Abu Ghraib show CACI contractors engaging in misconduct.The civil trial in federal court in Virginia marked the first time a civilian jury had heard allegations directly from detainees.Shuran Huang for The New York Times More

    • 125 Shares99 Views

      in Elections

      2 Players Sue N.Y. Philharmonic, Saying They Were Wrongfully Suspended

      by

      Matthew Muckey and Liang Wang said they were sidelined without cause by the New York Philharmonic after a recent magazine article detailed allegations of misconduct against them.Two New York Philharmonic players sued the orchestra on Wednesday, saying they had been wrongfully suspended after a recent magazine article revived allegations of misconduct against them.The players, Matthew Muckey and Liang Wang, filed separate lawsuits in Federal District Court in Manhattan. The men claimed that the Philharmonic had removed them without cause and in violation of an arbitrator’s ruling, which had ordered the orchestra to reinstate them in 2020 after an earlier attempt to fire them.The players also sued their union, Local 802 of the American Federation of Musicians, accusing the organization of failing to provide them fair representation.The Philharmonic, which recently said it would commission an outside investigation into the orchestra’s culture in response to the uproar over the article, said that it could not comment on active litigation. Local 802 declined to comment.The lawsuits came after a report last month in New York magazine detailed accusations of misconduct made in 2010 against Mr. Muckey, the associate principal trumpet, and Mr. Wang, the principal oboist. After the story’s publication the Philharmonic moved quickly to remove Mr. Muckey and Mr. Wang from rehearsals and performances and suspend the players with pay for an indefinite period.In the article Cara Kizer, a former Philharmonic horn player, came forward for the first time to publicly discuss an encounter that she said occurred while she was on tour with the Philharmonic in Vail, Colo., in 2010. She told the Vail Police Department at the time that she had been sexually assaulted after spending the evening with the two players and was given a drink she came to believe was drugged, according to police records. No charges were filed against the men, and both have denied wrongdoing.In 2018 the Philharmonic, under new leadership, commissioned an investigation and moved to dismiss Mr. Muckey and Mr. Wang. But the players’ union challenged their dismissals, and an independent arbitrator forced the orchestra to reinstate them in 2020.Mr. Muckey’s lawsuit accused the Philharmonic of backtracking on that agreement. The suit said that the orchestra had “violated an indisputably final and binding award which has determined that Mr. Muckey could not be removed based upon such allegations and specifically ordered his reinstatement with back pay and seniority.”Mr. Wang accused the Philharmonic of suspending him “without cause or explanation, and in clear violation of the terms of his employment, which expressly require that he be given opportunities to perform and excel as a musician.” His suit claims that a lawyer for the Philharmonic said in 2019 that the ensemble had not accused Mr. Wang of misconduct related to the incident in Colorado.Both men claimed that Local 802, which fought for their reinstatement in 2018, had failed to respond to their requests for assistance in contesting their new suspensions.The union has struck a different tone on the case since the publication of the article. Sara Cutler, Local 802’s new president and executive director, said last month that the decision to keep Mr. Wang and Mr. Muckey offstage “are good first steps, but they can’t be the last.” She also said that she was “horrified” by the accusations, “as a woman, a musician and a new union president.”Mr. Wang’s suit accused Ms. Cutler of making “duplicitous and injurious statements.” Mr. Muckey’s suit said that Local 802 had “failed and refused to perform its duty of fair representation.”Mr. Muckey and Mr. Wang, who are seeking an unspecified amount in damages, said that the Philharmonic’s decision to suspend them had harmed their careers.Mr. Muckey lost engagements with the Chamber Music Society of Lincoln Center and other ensembles. Mr. Wang was placed on leave from the Manhattan School of Music, where he teaches, and he lost work with the Taipei Music Academy and Festival and other groups. More

    • 100 Shares189 Views

      in Elections

      Schneider Sues ‘Quiet on Set’ Producers for Defamation

      by

      In the suit, lawyers for the former Nickelodeon producer called the documentary a “hit job” that had falsely painted him as a “child sexual abuser.”The television producer Dan Schneider filed a defamation lawsuit on Wednesday against the creators of the documentary series “Quiet on Set,” which aired accounts of sexual abuse and other inappropriate behavior on sets at Nickelodeon, where Schneider was once a star creator of content.The five-episode series, “Quiet on Set: The Dark Side of Kids TV,” included interviews from former employees who denounced Schneider as a boss and objected to sexualized humor in his shows, leading him to release a video in March in which he apologized for some of his behavior on the job, such as soliciting massages on set from staff members.But the show also focused on Nickelodeon employees who had been convicted of child sex crimes — including Brian Peck, a dialogue coach for Nickelodeon, who was sentenced to prison for sexually abusing the “Drake & Josh” star Jared Drake Bell.Schneider’s lawsuit accuses the documentary of improperly conflating him with those who had been convicted of abusing children and took issue with segments of the series that his lawyers said “falsely and repeatedly state or imply that Schneider is a child sexual abuser.”“Schneider will be the first to admit that some of what they said is true,” the lawsuit, filed in Los Angeles Superior Court, said of the filmmakers. “At times, he was blind to the pain that some of his behavior caused certain colleagues, subordinates and cast members. He will regret and atone for this behavior the rest of his life. But one thing he is not — and the one thing that will forever mar his reputation and career both past and present — is a child sexual abuser.”Schneider declined to be interviewed for the series, instead issuing a statement that was included in the documentary, in which he denied various accusations leveled against him and said that “everything that happened on the shows I ran was carefully scrutinized by dozens of involved adults.”The listed defendants in the case include Warner Bros. Discovery, which owns Max, where the series was streamed; Maxine Productions and Sony Pictures Television, which produced it; and Mary Robertson and Emma Schwartz, who directed the series. None of the parties immediately responded to a request for comment.Calling the series a “hit job,” the lawsuit said that in several instances viewers were led to inaccurately infer that he was a child sexual abuser, including in the trailer, in which a series of photos and video clips of Schneider are followed by the advertisement of a “true crime event.”“The harm to Schneider’s reputation, career, and business, to say nothing of his own overwhelming emotional distress, cannot be understated,” said the lawsuit, which seeks an unspecified amount of damages.The lawsuit said that Schneider’s legal representatives had sent a letter demanding that the series “not include any statements that allege or imply that Schneider engaged in any criminal or sexual misconduct,” and that the defendants’ lawyer responded that there were no “statements” that defamed him.Starting in the 1990s, Schneider created, scripted and produced a string of hits for Nickelodeon including “All That,” “The Amanda Show,” “Drake & Josh” and “Zoey 101.”But in the spring of 2018, Schneider and Nickelodeon suddenly issued a joint statement announcing their separation. Almost overnight, he largely disappeared from public view.In 2021, The New York Times reported that before that announcement, ViacomCBS, the parent company of Nickelodeon, had investigated Schneider and found that many people he worked with viewed him as verbally abusive. The company’s review found no evidence of sexual misconduct by Schneider.The recent documentary series included information about how Schneider and Nickelodeon parted ways, and reported that the investigation into his conduct “did not find any evidence of inappropriate sexual behavior” or “inappropriate relationships with children.”The series was a ratings hit and stirred up conversations about the appropriateness of some of the material on children’s television. Critics said the shows contained barely veiled sexual innuendo, and Schneider, in his apology video, said he would be willing to cut out parts of the show that were upsetting to people, years after they first aired. At the same time, though, he suggested that the criticism came from adults looking at jokes written for children “through their lens.” More