James D. Vick Law Blog

Just occurring one of the first verdicts against Taser Internation- a $10 million verdict according to the Cahrlotte Business Journal. A teenager died after being Tased in the chest.  He went into cardiac arrest after being Tased for 37 seconds. Lawyers for Turner’s family convinced the jury that the manufacturer knew but failed to warn its customers the product could cause heart problems if administered near the heart. The... Read More

As reported in the June 12, 2001 Oregonian, a study by the federal Center for Disease Control and Prevention found 234,094 nonfatal bathroom injuries amoung people ages 15 and older.  We have seen many of these injuries, mostly falls, in our practice.  The bathroom presents a perfect array of hazards, from porcelain fixtures to wet, slippery floors.  Many retail stores fail to regularly patrol bathrooms so that hazardous conditions remain present and out of sight much longer... Read More

According to the Oregonian on June 10, 2011, internal emails show Portland official and the Fair Housing Council of Oregon never intended to enforce the law against landlords who discriminated against African American and Latino0 testers.  It would appear the private actions are still the mainstay in enforcement since government cannot be counted upon to enforce the law.

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The Multnoham County Sheriff's Office is disbanding the Kyron Horman investigative unit.  This will certainly mean that there will not be any criminal charges filed against Terri Moulton Horman who has only been listed as a person of interest. 

The more interesting question is whether there will be a civil case filed.  Civil cases have had a great deal of success because of the lower proof requirements even after the criminal prosecutions have failed, e.g. O.J. Simpson.

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Seattle Settles Fatal Police Shooting Lawsuit

The city of Seattle has agreed to a $1.5 million settlement in a lawsuit with the family of a local Native American man who was killed by a police officer. The... Read More

As seen in the LA Times:

A Glendale, Calif., hotel has reached a settlement with three women who claimed to have been bitten by bed bugs during their stay. One of the women said she was bitten 167 times by bed bugs while staying at the Rodeway... Read More

 As reported by the San Jose Mercury News, this is the most recent in a series of injury cases where police have over used the TASER or other stun guns to control a suspect.  There use should be limited to situations where the suspect is likely to harm himself or others, but never just to gain compliance with police commands.  We are presenting involved with a similar case in Southern Oregon.

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The U.S. Supreme Court has virtually eliminated consumer class action lawsuits with its ruling today, according to many trial lawyers.  The ruling, as seen in USA Today is as follows:

The U.S. Supreme Court ruled 5-4 that customers bound by arbitration in a contract must abide by it even when state law permits a class-action lawsuit for... Read More

Obstructive sleep apnea may be misdiagnosed as simple insomnia, hypothyroidism, or depression.  It is estimated that there are 20 million Americans with sleep apnea.  This disease raises your heart rate, and increases the risk of high blood pressure, heart attack, stroke and arrhythmias.  In a study done at Yale University, it was concluded that obstructive sleep apnea increases a person's risk of a heart attack or dying by 30% over a period of four to five years. ... Read More

According to the Center for Disease Control, more than 400 people nationwide die each year from carbon monoxide (CO) poisoning.  People do not realize that CO is odorless, colorless, poisonous, and is also produced by appliance such as furnaces, ranges, water heaters and room heaters in your home that burn fuel (gas appliances mostly).  Many people with CO poisoning mistake their symptoms for those of the flu because of the similarities such as headache, fatique, shortness... Read More