Consumer Advocate Legal Update : Class Action Lawyers & Attorneys : Khorrami Pollard & Abir Law Firm : Mass Torts, Products Liability

In 2005, California passed a law that required special packaging for the sale or rental of “violent video games” to minors. According to the law, if the “violent video game” was not packaged properly sale of it was prohibited. However, this term the U.S. Supreme court declared the law unconstitutionally hindered freedom of speech in violation of the first amendment. The court found no compelling evidence to suggest there was a correlation between violent games and violence in children.  The court noted that other forms of literature such as books and movies are also violent and the interactivity of video games provides no justification for a different standard. However, in their concurrences, justices Alito and Roberts did not preclude the possibility of some form of narrower legislation regulating video game violence.

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Lawfully married same-sex couple, Gene Balas and Carlos Morales, were victorious on Monday when the United States Bankruptcy Court for the Central District of California ruled against the Defense of Marriage Act (DOMA).   After Balas was laid off from his 200K/year job in March of 2009, he and Morales filed a joint petition for chapter 13 bankruptcy.  All of their property was community property and all of their debt was community debt.  The United States Trustee moved to dismiss the case pursuant to Bankruptcy Code § 1307(c) based on DOMA, asserting that the Debtors are ineligible to file a joint petition because the Debtors are two males. 

Judge Thomas Donovan ruled that DOMA "deprives [the debtors] of the equal protection of the law to which they are entitled" and that there is “no valid governmental basis for DOMA.”  In an unusual move, 19 of Judge Donovan’s 23 colleagues on the country’s largest consumer bankruptcy court signed on to the opinion in support of the decision.   While this decision is only limited to bankruptcy proceedings, it sends a strong message and could serve as a model ruling for other jurisdictions where same-sex marriage is legal.

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Nursing home abuse is sadly on the rise. A recent case in Fair Oaks, CA adds to this tragedy. Sean Suh installed a “GrannyCam” beside his grandmother’s bed just after she had moved into Fair Oaks Residential Elderly Care.  The sad twist in this case is as Sean Suh was looking for another nursing home for his/her? grandmother, she died at 73.

When a family places a family member in these types of homes, they expect the utmost care and diligence to be provided. The elderly are also subject to the same expectations. Most of the time, they are unable to take care of themselves and can no longer live on their own. 

There were a variety of things that led to her death. In her autopsy it was revealed that there were potential levels of toxic narcotics, including a drug never prescribed by her physician. What is most shocking is what the “GrannyCam” revealed. It shows that a staff member moved the grandmother to her wheelchair, then  “dumped” the chair while the grandmother was sitting in it, and all the while was continuously “shaking” the wheelchair. Sean Suh also reports that in a specific instance they found their grandmother crying, unattended, and upside down. Bruises and untreated infections are among other things said to have been discovered on other occasions.

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This past weekend the KPA attorneys attended the Consumer Attorneys of California (CAOC) Annual Convention in San Francisco, where they learned about the latest developments in consumer litigation. Highlights of the weekend included the Women’s Caucus Reception, Senator Barbara Boxer fundraiser, and Rick Friedman keynote lunch.

What’s the next CAOC event? The Hawaii Travel Seminar in Maui, Hawaii!

What can attendees expect at this seminar? A great line up of panels – Shawn Khorrami moderates Tuesday’s panel, and Wednesday he presents “How to Litigate Natural Disaster Cases – Handling Masses of Clients.”

For more information on how to attend these great events, visit the CAOC website.
 

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On Wednesday, August 26^th, Khorrami Pollard & Abir LLP hosted a luncheon fundraiser for Senator Barbara Boxer in support of her 2010 re-election campaign. During her time in the KPA office she addressed the entire staff, touching on the importance of the work KPA does as a firm. Her motivating words were refreshing for a staff that has been working diligently to protect consumer’s rights.

A forceful advocate for families, children, consumers, the environment, and her State of California, Barbara Boxer became a United States Senator in January 1993 after 10 years of service in the House of Representatives. Elected to a third term in 2004, she received more than 6.9 million votes, the highest total for any Senate candidate in American history.

A national leader on environmental protection, Senator Boxer is the first woman to Chair the U.S. Senate’s Committee on Environment and Public Works (EPW). On the Committee, she advocates forcefully for clean air and water, with a particular focus on the fight against global warming. She also Chairs EPW’s Subcommittee on Public Sector Solutions to Global Warming, Oversight, and Children’s Health Protection.

In addition to her Chairmanship of the Committee on Environment and Public Works, Senator Boxer also serves on the Senate Foreign Relations Committee and Commerce Committee, is the Democratic Chief Deputy Whip, and serves on the Democratic Policy Committee’s Committee on Oversight and Investigations.

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