Appeals Court Sends Age Discrimination Suit Back to Texas Court

Austin Oil and Gas Attorney, Gregory D. Jordan

Austin, TX (Law Firm Newswire) January 30, 2017 – The lawsuit of a man who claims he was wrongly denied a job because of his age is headed back to Texas federal court.
A Fifth Circuit panel sent the case back to district court, saying Phillip Haskett plausibly alleged that Cinco Energy Management Group declined to hire him due to his age.
“Both federal and Texas state law protect people age 40 or older from age discrimination in employment,” said Gregory D. Jordan, an Austin employment attorney with the Law Offices of Gregory D. Jordan. “It is unlawful for an employer to fire or refuse to hire an individual because of their age.”
Haskett filed suit in Texas federal court alleging that he was denied a landman job due to his age. The district court dismissed the suit in March 2015. In an unpublished opinion, the appellate panel remanded the case back to district court, saying that Haskett had properly alleged an age discrimination case and the lower court erred in dismissing the case.
The panel said that Haskett claimed that he was in the protected class of people over the age of 40 and applied for positions he was qualified for, but Cinco did not hire him and filled the positions with people under the age of 40. The panel said that one of Haskett’s allegations, that 65 percent of the Cinco workforce was under the age of 40, would be insufficient standing alone. However, the panel noted that Haskett also alleged that Cinco made a statement to a third party that the positions Haskett applied for were filled with people under the age of 40.
Law Offices of Gregory D. Jordan5608 Parkcrest Drive, Suite 310Austin, Texas 78731Call: 512-419-0684
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Gibson Dunn & Crutcher Leads Supreme Court Team On Case Alleging Misappropriation of Technology By A Foreign Government

San Francisco, CA (Law Firm Newswire) January 27, 2017 – A team from Gibson Dunn & Crutcher LLP, led by Theodore B. Olson, the former Solicitor General of the United States, will represent Mandana D. Farhang and M.A. Mobile Ltd. in the Supreme Court of the United States in opposition to a petition for a writ of certiorari recently filed by the Indian Institute of Technology, Kharagpur (IITK).
This case, filed in the Northern District of California, alleges that IITK fraudulently obtained technology developed in the United States by a United States entrepreneur, Mandana Farhang, and improperly disseminated that technology to its own commercial partners in India.
Plaintiffs’ lead trial and appellate counsel is Sanjiv Singh of SNS PLC. Mr. Singh successfully led two rounds of briefing and oral arguments before the Ninth Circuit. Plaintiffs are also represented by preeminent sovereign-immunity litigator Steven Perles of Perles Law Firm, as well as IP litigator Micah Jacobs of Jacobs Law Group. Gibson Dunn’s team, including Matthew D. McGill and Michael R. Huston, will lead the Supreme Court litigation and work with Plaintiffs’ other counsel as the case is considered by the Supreme Court. IITK is represented by Orrick Sutcliffe & Herrington, LLP, with trial counsel Neel I. Chatterjee and appellate counsel Robert Loeb.
The Farhang matter dates back to a lawsuit filed in 2009 and concerns important principles of intellectual property and cross-border commercial litigation. The Complaint alleges that IITK, an Indian government entity, breached a joint venture aimed to pilot important mobile technology to the Indian Railways, and allegedly ultimately misappropriated the mobile technology by unlawfully disclosing it to third parties including representatives of IBM India.
Mr. Olson commented: “The Ninth Circuit got this case exactly right when it held that IITK waived its immunity by contractually agreeing to litigate any disputes with M.A. Mobile in the United States under United States law. Our brief explains why the Supreme Court should deny certiorari so that this case can proceed expeditiously to trial.” Mr. Singh noted: “When foreign governments choose to do business with U.S. persons and agree to apply U.S. law, they cannot abuse our appellate system to wear down individual plaintiffs with legitimate claims. IITK has delayed disposition of this case for years, and we are grateful to Mr. Olson and the skilled Gibson Dunn team for their leadership.”
The case is Indian Institute of Technology, Kharagpur v. Farhang, No. 16-692.
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Karp, Wigodsky, Norwind, Kudel & Gold, P.A. Announce Addition of John P. Kudel as New Partner and Law Firm Name Change

John P. Kudel, Esq.

Rockville, MD (Law Firm Newswire) January 27, 2017 – Karp, Wigodsky, Norwind, Kudel & Gold, P.A. is pleased to announce that John Patrick Kudel, after being Of Counsel to the firm for almost two decades, has joined the firm as a partner. John’s addition is now reflective in the firm’s name change to Karp, Wigodsky, Norwind, Kudel & Gold, P. A.
“We are delighted to have this first rate lawyer joining our practice,” said Ron Karp, Managing Partner of Karp, Wigodsky, Norwind, Kudel & Gold, P. A. “He has devoted his professional life to being of service to the bar in all roles, including leading the local and state bar as president.”
Prior to joining Karp, Wigodsky, Norwind & Gold, P. A., John P. Kudel’s experience includes being past president of the Maryland State Bar Association and the Montgomery County Bar Association while also serving on the Trial Courts Judicial Nominating Commission from 2013 – 2015. John has concentrated his practice in criminal law but will now have a platform to handle a wide range of cases, including personal injury, family law, wills and estates and commercial litigation.
“I have carefully considered the firm I want to join for my future, I know law firms all over the state and I am most comfortable with the team of lawyer’s Ron Karp has assembled to compliment my practice,” said John P. Kudel, Partner Karp, Wigodsky, Norwind, Kudel & Gold, P.A.
For more information concerning Karp, Wigodsky, Norwind, Kudel & Gold, P. A. visit www.karplawfirm.net.
About Karp, Wigodsky, Norwind, Kudel & Gold, P.A.
At the law firm of Karp, Wigodsky, Norwind, Kudel & Gold, P.A., we have more than 150 years of combined experience making justice a reality for victims suffering from a traumatic injury as the result of someone else’s negligence.
Karp, Wigodsky, Norwind, Kudel & Gold, P.A. is a distinguished group of plaintiffs’ personal injury and general civil litigation lawyers, serving clients in Washington, Virginia, Maryland, and beyond. Karp, Wigodsky, Norwind, Kudel & Gold P.A. is committed to undertaking challenging cases, changing lives, and making justice a reality for their clients.
To learn more about the firm contact one of our five metropolitan Maryland /Washington D.C. area offices today at (800) 229-7026, or contact the firm on-line for a free initial consultation. There is no fee unless we win, so contact us today.
Press Contacts:
Ray Schulte/Schulte Public Relations, Inc.(410) 350-6226ray@schultesports.com
Ron Karp/Managing Partner – Karp, Wigodsky, Norwind, Kudel & Gold, P. A.(301) 948-3800rkarp@karplawfirm.net
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Illinois Takes Action on Pharmacy Errors

Chicago, IL (Law Firm Newswire) January 26, 2017 – Illinois Governor Bruce Rauner announced an initiative to improve pharmacy safety, after an investigation by the Chicago Tribune found that 52 percent of pharmacies in the Chicago area filled prescriptions for dangerous drug combinations.
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“This is an urgent matter,” said Paul Greenberg, an attorney with Briskman Briskman & Greenberg, who represents individuals harmed by pharmacy errors. “Public safety initiatives like this one are needed to protect people from future harm, and people who have been injured need to know that they may be entitled to compensation.”
As part of the Tribune investigation, reporters went to 255 Chicago-area pharmacies and attempted to fill prescriptions for medications that should not be taken in combination. More than half of the pharmacists filled the prescriptions without giving any warning of the danger. Both chains and independent pharmacies failed the test.
Gov. Rauner’s plan would institute a requirement for pharmacists to warn patients about dangerous drug combinations and other important issues whenever a prescription changes or the patient is buying a medication for the first time. Currently, Illinois law only requires that the offer of counseling be made, which is often addressed by asking the patient if they have any questions for the pharmacist.
The proposal from Gov. Rauner would also increase state inspections of pharmacies, with particular attention to risky drug combinations. A “mystery shopper” program would test pharmacists’ compliance with the law.
“Dispensing dangerous combinations of drugs violates pharmacists’ duty to patients,” said Greenberg. “When patients are harmed by such errors, they should seek legal counsel.”
For more information about Chicago’s pharmacy error epidemic, visit Briskman Briskman & Greenberg’s website.
Briskman Briskman & Greenberg351 West Hubbard Street, Ste 810Chicago, IL 60654Phone: 312.222.0010Facebook: Like Us!Google+ Contact a Chicago personal injury attorney from Briskman Briskman & Greenberg on Google+.
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Tampa, Florida Veterans Lawyer Comments Need for Veterans to be Honorably Discharged

Tampa, FL (Law Firm Newswire) January 26, 2017 – Many veterans who were diagnosed with mental problems or traumatic brain injury have received less-than-honorable discharges. But such a discharge can result in the denial of veterans’ benefits, thereby causing these veterans to become homeless, imprisoned, develop substance abuse or commit suicide.
In an effort to assist these veterans, the Vietnam Veterans Association of America wrote President Obama asking him to pardon all post-9/11 veterans who received less-than-honorable discharges without the due process of a court-martial. They are making the same request of President-elect Donald Trump.
Prominent Tampa, Florida veterans lawyer David Magann says, “Veterans who have received less-than-honorable discharges because they suffered from post-traumatic stress disorder (PTSD) or other mental illnesses are entitled to receive an honorable discharge.” “They should not lose their Veterans Affairs health benefits or GI bill education benefits.”
As reported in Shelbyville Daily Union, one such victim of this policy is Kristofer Goldsmith, who enlisted in the army a short time after the 9/11 terrorist attacks. In a little over two years, he was promoted to sergeant, and spent a full year in Baghdad. However, upon his return home, he had to drink in order to sleep, and he spent time in isolation so he would not hurt his family and friends in the event he had an abrupt fit of anger. Then, when he attempted to commit suicide, the Army gave him a less-than-honorable discharge for severe misconduct. He was not found guilty by a court marshal.
For the last ten years, he has tried to appeal his discharge. He has attempted to obtain treatment for his PTSD and his depression. Despite his invitation to speak at the White House about mental health programs, and his enrollment in classes at Columbia University, the Army has denied his request for an honorable discharge.
According to the Department of Veterans Affairs, 20 percent of veterans who returned from Iraq and Afghanistan could be suffering from PTSD. In 2015, NPR disclosed that between 2009 and 2015, the Army separated over 22,000 combat soldiers because of misconduct after they were diagnosed with mental health problems or traumatic brain injury. In 2016, The New York Times revealed that after 9/11, 13 percent of veterans received less-than-honorable discharges.
As stated in a recent memorandum to President Obama by the Veterans Legal Services Clinic at Yale Law School, there has been prior use of this presidential power. On his final day in office, President Gerald R. Ford delivered a mass pardon, in which he gave clemency discharges to Vietnam veterans who had violated the Military Selective Service Act or the Uniform Code of Military Justice between August 1964 and March 1973.
In 1977, President Jimmy Carter gave full pardons to those Americans who had rejected the draft for the Vietnam War, thereby removing the felony offense associated with resistance to the draft. The veterans of today are deserving of the same respect and concern.
David W. Magann, P.A.Main Office:156 W. Robertson St.Brandon, FL 33511Call: (813) 657-9175
Tampa Office:4012 Gunn Highway #165Tampa, Florida 33618
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Former CNN Employee Files Discrimination Lawsuit for Wrongful Termination

Los Angeles, CA (Law Firm Newswire) January 25, 2017 – On December 13, 2016, the California Appeals Court ruled that a producer and writer for CNN who was allegedly fired for a plagiarism incident may pursue racial discrimination and retaliation claims against the media giant.
Stanley Wilson, a longtime writer and producer for CNN, was fired after he allegedly failed to attribute credit to parts of a news piece that CNN did not run. Wilson’s lawsuit claims that, as an African-American, Wilson was only promoted once in his 13 years of work.
Wilson sued under California law for race, age, ancestry, disability discrimination and retaliation. CNN attempted to use the “anti-SLAPP law” (strategic lawsuit against public participation) to dismiss Wilson’s claims. The California anti-SLAPP law mandates that, if a lawsuit is infringing upon a party’s right to freedom of speech or participation in the legal process, then the party can ask the court to drop the case.
The Court ruled that the anti-SLAPP law did not apply to Wilson’s case, despite CNN’s arguments that allowing Wilson to sue over his termination would restrict CNN’s free speech rights for public interest. This ruling is a victory for workers with discrimination claims, especially in the media and entertainment industry. It indicates that these workers, who may sometimes be subject to their employer’s abuse of the anti-SLAPP law, can be protected when they file suits for cases of discrimination. As the Court indicated, discrimination is not the same as free speech.
Strong Advocates6601 Center Drive WestSuite 500Los Angeles, California 90045800.870.9886https://www.strongadvocates.com/
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