Wal-Mart continues to fight the $7,000 OSHA fine in worker's trampling death

NATIONAL - According to Newsday (7/8, Chang) reports, "A crowd management expert testified Thursday that the Valley Stream Walmart lacked adequate crowd control and safety measures in the 2008 Black Friday trampling death of a temporary worker." Wal-Mart "is fighting a $7,000 fine from the federal Occupational Safety and Health Administration (OSHA) after the death of a greeter who died after being trampled by crowds surging into the store for Black Friday sales.

Wal-Mart contends the fine is based on 'a standard that was neither posted nor proposed at the time.'"

The Wall Street Journal (7/9, Zimmerman) reports that the Retail Industry Leaders Association supports Wal-Mart's position. RILA spokesman Brian Dodge said, "The precedent set by this OSHA citation would be far reaching and dangerous to the entire retail industry."

$72 MILLION DOLLAR Insurance Settlement with The Hartford approved by Federal Judge

A federal judge has given preliminary approval to a settlement under which The Hartford Financial Services Group Inc. will pay $72.5 million to more than 21,000 people nationwide who alleged the insurer engaged in fraud in settling their injury claims. The U.S. District Court judge approved the agreement last week to resolve the class action lawsuit.

The settlement, expected to receive final approval in September, came after extensive mediation and five years of litigation. The trial was scheduled to start in September.

www.trippfirm.com      TRIPP LAW FIRM - Personal Injury Law

Personal Injury Ι Wrongful Death MEDIATION • Alternative dispute resolution (ADR) • FLORIDA

Mediation or Alternate Dispute Resolution (ADR) has become a popular means in recent years to resolve civil lawsuits and is now required of all disputes filed in Florida state courts before a matter may be tried. Mediation or ADR processes is usually apart from the government judicial process.

The rising popularity of Mediation or ADR can also be explained by the rapid increase of caseloads of traditional courts, the sense that Mediation or ADR is less costly than traditional litigation, a preference for confidentiality, and the desire of many parties and their advocates to select the mediator who will attempt resolve their dispute.

At the Tripp Law Firm we also may use pre-suit Mediation or ADR to as a final attempt to settle a matter before a law suit is filed. This cost saving measure not only saves time, but also the expense of protracted litigation.

http://www.trippfirm.com/         TRIPP LAW FIRM – Personal Injury Law

ON CALL EMPLOYEES - OVERTIME NOT BEING PAID - LABOR LAW - Litigation - Class actions

Litigation seen as growing over on-call employees who claim restriction of freedom. - The National Law Journal reports, "On-call employees are turning into a growing liability risk for employers, as some are claiming that companies are restricting their freedom too much, and not paying them for it."

Now, "employment lawyers say that such claims are popping up in larger wage-and-hour class actions, with on-call employees suing for unpaid overtime, alleging that their freedom has gotten so limited that they may as well be hourly employees." Julie A. Dunne, a labor attorney said, "It's definitely triggering litigation." She added, "the key for employers is to make sure they're not overly restricting on-call employees' freedom."