Denver Personal Injury Attorneys and Counselors at Law

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Proven Results/National Reputation
Firmly Committed to Excellence®
Proven Results/National Reputation

September 02, 2010

Facebook Lands Juror In Trouble

Hadley Jons, a 20 year old from Michigan, was removed from a jury when she declared the defendant guilty on Facebook, while the case was still going. She posted on Facebook that it was "gonna be fun to tell the defendant they're GUILTY." Now, the judge in the case has ordered her to pay a $250 fine and write an essay about the constitutional right to a fair trial.

Unfortunately, this is not the first time this has happened. It was recently reported in another case that a juror couldn't decide whether to find the defendant guilty or not guilty, so that juror created a poll on Facebook, inviting people to vote on the defendant's fate.

"The use of social media, like Facebook or Twitter, is changing the lives of almost everyone, whether they know it or not" says Diane Smith of Burg Simpson. "Jurors are routinely told not to discuss a trial outside of the jury room. For some reason, people don't understand that Facebook can be as much a public discussion as a conversation over coffee."

If you have a legal issue concerning Facebook or any other form of social media, Burg Simpson may be able to help. Call 1.888.895.2080 for a free consultation.

Posted by Diane V. Smith at 12:13 PM | Permalink | Comments (0) | TrackBacks (0)

September 01, 2010

Fired by Facebook

What does your morning consist of? A cup of coffee and posts to Facebook about your day, your job, your boss? Firings as a result of Facebook activities are on the rise. Be warned!

Some employees have been fired when they claimed to be too sick to come to work, but then spent the day in front of the computer posting on Facebook. In June of this year, Tri City Medical Center in San Diego fired five California nurses after discovering the nurses were discussing patient cases on the site. Not only were they fired, but the California Department of Health investigated the situation to determine whether privacy laws had been violated.

"Yes, you have a First Amendment right to free speech," says Employment Lawyer Diane Smith of Burg Simpson. "but that won't necessarily protect you from being terminated if you violate your employer's trust or policies or if something you say is offensive or damaging to your employer."

For further information on social media and employment law issues, contact Burg Simpson toll free 1.888.895.2080.

Posted by Diane V. Smith at 10:50 AM | Permalink | Comments (0) | TrackBacks (0)

Sexual Favoritism And Discrimination Cases

For the last decade or so, plaintiffs in Title VII cases have claimed that "sexual favoritism" constitutes discrimination. Sexual favoritism occurs when an employee engages in consensual sexual conduct with a supervisor and, after that, the supervisor makes employment decisions that benefit the employee, based on this conduct. For the most part, courts have held that sexual favoritism isn't illegal. However, the claims are still being made and indications are that some courts may be persuaded to adopt this view. According to Diane Smith of Burg Simpson, "as with all forms of employment law, things change over time. With the current state of unemployment, any conduct that causes an employer to benefit one group of employees over another is going to give rise to discrimination claims under federal or state laws."

If you believe you have been the victim of discrimination, please call Burg Simpson on toll free 1.888.895.2080 for a free consultation.

Posted by Diane V. Smith at 09:46 AM | Permalink | Comments (0) | TrackBacks (0)

August 30, 2010

Sexual Harassment Remains A Serious Issue

According to the United States Equal Employment Opportunity Commission (EEOC), the number of claims filed for sexual harassment are down. The latest figures show the total number of sexual harassment charge receipts logged by the EEOC fell from 13,867 in 2008 to 12,696 for the year ending 2009. However, don't let the numbers mislead you into thinking that sexual harassment is no longer an issue. Unfortunately, it is still alive and abusive in the work place. Diane Smith of Burg Simpson observed, "now instead of reports of a touch on the shoulder or out of line comments, we get reports of outrageous, even illegal assaultive behavior." As she explained, "if you wouldn't want your wife, daughter, sister, or mother subjected to that kind of behavior, why would you tolerate it for anyone else?" It is also important to note that sexual harassment can occur in a variety of circumstances and that men as well as women can be victims. Current statistics show that the number of sexual harassment claims reported to the EEOC by males actually increased during 2009 to 16 percent.

If you believe you have been the victim of sex discrimination, contact Burg Simpson toll free 1.888.895.2080 for a free consultation

Posted by Diane V. Smith at 12:52 PM | Permalink | Comments (0) | TrackBacks (0)

August 27, 2010

J&J Hip Replacement Recall

According to the Associated Press, Johnson & Johnson is recalling two hip replacement products after it emerged that a significant number of patients implanted with devices, required revision surgery to correct problems with the “fit” of the artificial joints. DePuy Orthopaedics Inc, a subsidiary of Johnson & Johnson, has announced that it is recalling both the ASR Hip Resurfacing System and the ASR XL Acetabular System. Clinical data released by the British-based National Joint Registry of England and Wales, recently revealed that between 12 and 13 percent of patients receiving the ASR Hip Resurfacing System and/or the ASR XL Acetabular System would need corrective surgery within five years. The generally accepted standard for such revisions within five years of the surgery is no more than 5% of patients. The study also revealed that the women were at greater risk than men.

DePuy and its parent company Johnson and Johnson have been hit with a number of high profile recalls in recent months. Earlier this week, the Food and Drug Administration (FDA) ordered DePuy to withdraw its Corail Hip System from sale after it emerged that the company had been marketing the product for unapproved uses.

If you or a loved one has experienced serious pain or required corrective surgery following either an ASR Hip Resurfacing System or an ASR XL Acetabular System implant, you may be entitled to compensation. Call Burg Simpson’s dangerous medical device attorneys toll-free on 1.888.895.8020 for a free consultation.

Posted by Page1 at 04:47 PM | Permalink | Comments (0) | TrackBacks (0)

August 26, 2010

Michigan Judge Rules That Waitresses Can Sue Hooters

Employment based claims are constantly evolving, depending on both state and federal law, as this interesting case from Michigan illustrates.

A Michigan state court judge has decided that two waitresses can sue Hooters for weight discrimination under Michigan law, which allows for such claims. Cassandra Smith and Leanne Convery claim that they were terminated because the Company decided they were too heavy to be Hooter's Girls. Hooters claims that weight is a legitimate consideration, because waitresses are also entertainers. However, this argument did not persuade a judge, who decided that both women are entitled to have their claims heard in court. The lesson from this case? Make sure your attorney knows and understands the laws. If you believe you have experienced a violation of employment or labor law, call a Burg Simpson employment attorney on 1.888.895.2080 for a free consultation.

Posted by Diane V. Smith at 12:24 PM | Permalink | Comments (0) | TrackBacks (0)

Injury Hazard Prompts Kawasaki Recalls

Kawasaki Motors Corp. U.S.A., is recalling in the region of 4,000 KLX110 motorcycles, after learning that a fault with the bike’s ignition system could result in the unintended activation of the electronic starter. According to the Consumer Product Safety Commission (CPSC), the fault “poses a serious hazard of injury or death.” Owners of Kawasaki 2010 model year KLX110CAF and KLX110DAF off-road motorcycles have been advised to immediately stop using the products and contact Kawasaki for further information. The bikes were sold in the U.S.A. between August 2009 and February 2010. If you have been injured while riding an off-road motorbike and suspect that a design fault may have caused your accident, Burg Simpson may be able to help. Call our defective product attorneys on 1.888.895.2080 today for a free consultation.

Posted by Seth A. Katz at 08:51 AM | Permalink | Comments (0) | TrackBacks (0)

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