Appellate Court Revived a Wrongful Death Lawsuit Against Cleveland Clinic

The Appellate Court revived a wrongful death lawsuit filed by a former patient's widow, finding the County Judge wrongfully barred a physician from testifying regarding alleged substandard care.

The Case: Kittis v. Cleveland Clinic

The Court: Cuyahoga County Court of Common Pleas

The Case No.: CV-19-920144

The Plaintiff: Kittis v. Cleveland Clinic

Dennis Kittis was a 74-year-old retired U.S. Army veteran who worked at a General Motors factory and loved running. On January 4, 2018, Kittis went to Fairview Hospital with pain in his stomach. Doctors discovered his bowel was obstructed and performed surgery the next day. The Kittis v. Cleveland Clinic wrongful death lawsuit was filed by the widow of Dennis Kittis, who died days after undergoing bowel obstruction surgery at Fairview Hospital. The Cuyahoga County Common Pleas Court Judge Ashley Kilbane barred a physician scheduled to testify regarding the alleged substandard care Kittis received from the doctors at Fairview following his bowel obstruction surgery. David Brooks was a physician at Brigham and Women's Hospital in Boston and a lecturer at Harvard Medical School. After barring the testimony, Judge Kilbane granted the Clinic's lawyers' request to rule in their favor, dismissing the case.

The Defendant: Kittis v. Cleveland Clinic

The defendant in the case, Cleveland Clinic, runs Fairview Hospital at 18101 Lorain Ave. in Cleveland. During court motions, lawyers for the Cleveland Clinic denied that any of their employees acted negligently. Additionally, they claim that no surgical intervention could have prevented Kittis' death.

The Case: Kittis v. Cleveland Clinic

The 8th Ohio District Court of Appeals revived the Kittis v. Cleveland Clinic wrongful death lawsuit filed by a woman whose husband died days after his bowel obstruction surgery at Fairview Hospital in January 2018. The case was reinstated following a unanimous appellate panel that found the Cuyahoga County Common Pleas Court judge wrongly barred the physician intended to testify regarding the alleged substandard medical care.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to help you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Cracker Barrel Faces Wage and Hour Violation Allegations

A wage and hour lawsuit alleges Cracker Barrel required their tipped employees to perform non-tip-producing job duties at the end of their shifts without providing them with minimum wage.

The Case: Frederick v. Cracker Barrel Old Country Store, Inc.

The Court: Fresno County Superior Court of the State of California

The Case No.: 3:23-cv-00813

The Plaintiff: Frederick v. Cracker Barrel Old Country Store, Inc.

The plaintiff in the case, Catherine D. Frederick, was an hourly tipped employee at a Cracker Barrel Old Country Store restaurant. During her time at the restaurant, Frederick claims the company expected tipped workers to complete job-related, untipped tasks before and after starting their shift while logged in as tipped workers and that workers were not compensated fairly for the untipped job duties. Frederick filed an FLSA multi-plaintiff action complaint demanding a jury trial seeking unpaid minimum wage and other damages.

The Defendant: Frederick v. Cracker Barrel Old Country Store, Inc.

The defendant in the case, Cracker Barrel Old Country Store, Inc., compensated the plaintiff and other similarly situated employees using a tip-credit compensation plan that compensated tipped employees at a sub-minimum wage hourly rate of pay and then crediting tips received during their shifts, which combined would meet the FLSA minimum wage requirements. However, the plaintiff claims that the company’s demands that workers clock in as “tipped workers” in the timekeeping system while completing untipped job duties before and after their regular shift starts violated labor law.

The Case: Frederick v. Cracker Barrel Old Country Store, Inc.

In the case Frederick v. Cracker Barrel Old Country Store, Inc., workers allege the popular restaurant and store paid them using a “tipped worker” timekeeping system while requiring them to complete untipped job duties. The plaintiff claims that Cracker Barrel enjoyed ill-gained profits at the expense of their employees. The unpaid wage claims of the plaintiff and similarly situated employees are unified through common theories of the Defendant’s FLSA violations.

If you have questions about filing a California wage and hour lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Parents Filed Wrongful Death Lawsuit After Stockton Student Fatally Stabbed on Campus

The parents of a Stockton high school student who was stabbed to death by an intruder on campus filed a wrongful death lawsuit claiming the school failed to implement its own safety plans.

The Case: Reynaga v. Stockton Unified School District

The Court: San Diego County Superior Court of the State of California

The Case No.: STK-CV-UPI-2023-2710

The Plaintiff: Reynaga v. Stockton Unified School District

The plaintiffs in the case are the parents of slain Stockton high school student Alycia Reynaga. Alycia was murdered at Amos Alonzo Stagg High School in Stockton. The alleged suspect, Anthony Gray, drove into the high school parking lot in front of the school, entered the campus armed with a knife through an unlocked gate, and fatally stabbed Alycia Reynaga. The Reynaga family claims that Alycia's stabbing and subsequent death on the high school campus could have been avoided if the school district implemented consistent safety measures.

The Defendant: Reynaga v. Stockton Unified School District

Alycia's parents filed a negligence and wrongful death lawsuit against the Stockton Unified School District, former Superintendent John Ramirez, Jr., and Amos Alonzo Stagg High School Principal Brett Toliver after the death of their daughter on campus.

The Case: Reynaga v. Stockton Unified School District

The case was filed on March 3, 2023, in San Joaquin County Superior Court. According to the wrongful death complaint, the family alleges that the negligence of employees of Stockton Unified School District caused Reynaga's death. According to the lawsuit, the high school determined that very strong security measures were warranted before the incident but failed to implement its own safety plan. The wrongful death lawsuit claims not only serious negligence on the part of the school district board and administration but also designates the incident as part of a "systemic failure" to protect the students. The plaintiffs claim that the security on campus was reduced prior to the incident despite officials being aware for years that students needed additional protection on campus. The Stockton school where Reynaga was fatally stabbed increased security measures after two more incidences of campus intruders were reported.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Second Kratom Wrongful Death Lawsuit Filed in Cowlitz County

The second Kratom wrongful death lawsuit filed in Cowlitz County lists multiple defendants facing allegations that the product is dangerous and shouldn’t even be available on store shelves.

The Case: Rachel McKibban v. Jopen, LLC

The Court: Superior Court of the State of Washington in Cowlitz County

The Case No.: Case No. 23-2-01183-08

The Plaintiff: Rachel McKibban v. Jopen, LLC

The plaintiff in the case is Rachel McKibban, individually and as Personal Representative of the Estate of Jordan McKibban, deceased. Rachel filed the second kratom wrongful death lawsuit in Cowlitz County, Washington. The suit was filed in December 2023 following the tragic death of Jordan McKibban, 37 years old. Jordan McKibban was a dedicated, successful working man who loved his family, fishing, gardening, and cooking. He worked for an organic food distributor and enjoyed good health but struggled with pain in his hands and back, for which he turned to kratom for relief (including Whole Herbs capsules, Hush liquid shots, and the Cloud House powders). According to the lawsuit filed by Rachel McKibban, Jordan came home from work on April 5, 2022, and collapsed. His nephew discovered him unconscious. Paramedics rushed him to the hospital, where he was pronounced dead. The autopsy report lists mitragynine, a compound in kratom, as the cause of death.

The Defendant: Rachel McKibban v. Jopen, LLC

The defendants in the case include multiple manufacturers and sellers of kratom brands, including Whole Herbs kratom capsules, Hush Kratom liquid shots, and bulk kratom powder sold through Cloud House Vaporz (Texas limited liability company; LP IND., LLC, a Wyoming limited liability company; CAG HOLDINGS, LLC, a Wyoming limited liability company; RMH HOLDINGS, INC., a Wyoming corporation; OLISTICA, an unincorporated association; MIT THERAPY INC., an Idaho corporation; DURITY DISTRIBUTION, INC., an Idaho corporation; HUSH WORLDWIDE LLC, a Wyoming limited liability company; DRIP DROP DISTRO LLC, an Idaho limited liability company; BEDROCK MFG LLC, a Wyoming limited liability company; CLOUD HOUSE VAPORZ, INC., a Washington corporation; and JOHN & JANE DOES 1 THROUGH 10).

The plaintiff claims the defendants in the case must be held accountable for their role in McKibban’s kratom-induced death. McKibban’s wrongful death lawsuit brings attention to the growing number of deaths in the U.S. for which kratom is listed as the cause of death, citing 2023 research that finds kratom 63 times more deadly than other natural products available for consumer purchase.

The Case: Rachel McKibban v. Jopen, LLC

The case, Rachel McKibban v. Jopen, LLC, raises serious concerns about the kratom industry and the safety of consumers.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Cogswell College Faces Labor Law Violation Allegations

Cogswell College/University of Silicon Valley faces allegations of labor law violations after plaintiffs claimed they did not provide the legally required meal and rest periods.

The Case: Rosangela Torres v. Cogswell College, LLC

The Court: Los Angeles County Superior Court of the State of California

The Case No.: 22STCV00409

The Plaintiff: Rosangela Torres v. Cogswell College, LLC

The plaintiff in the case, Rosangela Torres, recently filed a lawsuit alleging that Cogswell College (also known as the University of Silicon Valley) violated the California Labor Code when they allegedly failed to pay employees for all their time worked. According to the complaint, the defendant allegedly violated California Labor Code Sections §§ 201, 202, 203, 204, 226, 226.7, 246, 510, 512, 558, 1174(d), 1194, 1197, 1197.1, 1198, 2800, 2802 and 2804. In the lawsuit, the plaintiff described a workplace setting in which employees engaged in rigorous work schedules that prevented them from taking rest breaks off duty. Torres also alleged that employees were not fully relieved of their work duties during their rest periods.

The Defendant: Rosangela Torres v. Cogswell College, LLC

Cogswell College, LLC, the defendant in the case, allegedly violated the California Labor Code by failing to provide employees with timely, off-duty meals and rest periods (as required by law). According to the plaintiff, Torres, Cogswell College engaged in numerous behaviors that violate labor law, including:

• Failing to pay minimum wages

• Failing to pay overtime wages

• Failing to provide meal and rest periods

• Failing to reimburse workers for required business expenses

• Failing to provide wages when due

• Failing to provide accurate itemized wage statements

The Case: Rosangela Torres v. Cogswell College, LLC

According to details provided in the case, the labor law violations arose from issues with understaffing and overtasking the existing workforce. As a result, the company allegedly sometimes required employees to work through their 4-hour, 8-hour, and even 10+ hour work shifts without their 1st, 2nd, or 3rd rest break. Torres also claims that the college did not provide employees who were not provided with their legally mandated rest breaks with the one-hour wage payment instead of a break. The case, Rosangela Torres v. Cogswell College, LLC, is currently pending in the Los Angeles County Superior Court of the State of California.

If you have questions about filing an employment law lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

PAGA-Only Action Filed Against Formel D USA, Inc.

In recent news, a PAGA-only action was filed against Formel D USA, Inc.

The Case: Oddae Alghazali v. Formel D USA, Inc.

The Court: Orange County Superior Court

The Case No.: 30-2023-01369309-CU-OE-CXC

The Plaintiff: Oddae Alghazali v. Formel D USA, Inc.

The plaintiff in the case, Oddae Alghazali, alleges that Formel D USA, Inc. violated Labor Code § 2699. Alghazali filed a PAGA-only action seeking penalties for the alleged violations of the California Labor Code.

The Defendant: Oddae Alghazali v. Formel D USA, Inc.

The defendant in the case, Formel D USA, Inc., faces a PAGA-only action based on allegations that they failed to provide employees with required meal and rest breaks. And that by doing so, they failed to provide their workers with payment for all hours worked. According to the lawsuit filed by Alghazali, Formel D USA, Inc. failed to provide employees with legally required meal and rest breaks when they (from time to time) required employees to work in more than four (4) hours without being provided a ten (10) minute rest period. According to the California Wage Order, California employers must provide their employees with off-duty rest periods.

The California Supreme Court determined that for a rest period to qualify as an “off-duty rest period,” it must fulfill two requirements: 1. the employee must be relieved of all their job duties, and 2. the employee must be free from the employer’s control.

The Case: Oddae Alghazali v. Formel D USA, Inc.

The case, Oddae Alghazali v. Formel D USA, Inc., is currently pending in the Orange County Superior Court. PAGA-only actions like the one in this case allow the State of California to enforce state labor laws through individual employees who file a lawsuit as the proxy of the state’s labor law enforcement agencies. PAGA-only actions are essentially law enforcement actions intended to protect the public rather than benefit private parties. Therefore, a PAGA-only action does not seek to recover damages or restitution but acts as a means of “deputizing” citizens as private attorneys general so they can step in to help the state enforce the California Labor Code.

If you have questions about filing an employment law lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Axlehire Faces Labor Code Violation Allegations in PAGA-Only Action

In recent news, Axlehire faces labor code violation allegations in a PAGA-only action filed in Alameda Superior Court.

The Case: Pablo Acosta and Colleen Duarte v. Axlehire, Inc.

The Court: Alameda County Superior Court, State of California

The Case No.: 23CV055896

The Plaintiff: Pablo Acosta and Colleen Duarte v. Axlehire, Inc.

California Labor Law requires California employers to provide their employees with off-duty rest periods during which they are relieved of all their work-related duties and are free from the employer’s control. Acosta and Duarte allege that they were occasionally required to work four-hour shifts without a 10-minute break (the minimum required for a 2-4 hour work shift according to labor law). The plaintiffs in the case, Pablo Acosta and Colleen Duarte claim that Axlehire, Inc. failed to provide their employees with meal and rest breaks in violation of labor law. The plaintiffs filed a PAGA-only action seeking to recover PAGA civil penalties on behalf of themselves and other current/former Axlehire employees with a similar experience.

The Defendant: Pablo Acosta and Colleen Duarte v. Axlehire, Inc.

The defendant in the case, Axlehire, Inc., hires individuals to assist them in providing delivery services to clients. Axlehire, Inc. allegedly failed to provide employees with required meal and rest breaks in compliance with federal and state labor law, which resulted in an alleged loss of wages for the Axlehire employees.

The Case: Pablo Acosta and Colleen Duarte v. Axlehire, Inc.

California enacted the PAGA to permit individuals to bring an action on behalf of themselves and others for PAGA penalties only, which is the nature of the action in Pablo Acosta and Colleen Duarte v. Axlehire, Inc. The case, Pablo Acosta and Colleen Duarte v. Axlehire, Inc., includes allegations that constitute violations of various California Labor Codes (§§ 201-203, 204 et seq., 210, 226(a), 226.7, 226.8, 246, 510, 512, 558(a)(1)(2), 1194, 1197, 1197.1, 1198, and 2802). The case is currently pending in the Alameda County Superior Court.

If you have questions about how to respond to an employer’s labor code violations, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced California attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.