Showing posts with label Lawsuit. Show all posts
Showing posts with label Lawsuit. Show all posts

Saturday, July 5, 2014

Lawsuit: Male stripper did show at NY nursing home

WEST BABYLON, N.Y. (AP) — An 85-year-old nursing home patient was the victim of "disgraceful sexual perversion" when a male stripper gyrated in front of her against her will at the suburban New York facility, an attorney for the woman's family said Tuesday.

John Ray, the attorney for Bernice Youngblood and her family, displayed a picture of a man in white briefs dancing in front of the woman at East Neck Nursing and Rehabilitation Center in September 2012.

The photo, which Ray said Youngblood's son found during a visit to his mother, shows the woman putting money into the dancer's waistband.

Ray said Youngblood had been urged to participate and did so against her will. The family has filed suit against the nursing home seeking unspecified damages.

Ray said Youngblood, who herself had worked as a health aide for the elderly, had her dignity taken away when "nursing home employees subjected her to this disgraceful sexual perversion."

Youngblood, who attended the news conference in a wheelchair with some of her relatives at her side, mumbled in a barely audible voice that she felt "terrible" and "ashamed" about what happened, but did not remember details.

Bernice Youngblood, 85, a resident of the East Neck … Bernice Youngblood, 85, a resident of the East Neck Nursing and Rehabilitation Center, listens durin …

Howard Fensterman, an attorney representing the facility, said a 16-member resident committee had requested the September 2012 performance and the nursing home paid the $250 fee.

Fensterman said the facility's management reserves the right to reject a request by the residents' committee, particularly if the activity were deemed detrimental.

"But in this instance these are adults who wanted to have this activity, they requested it, they voted on it and the nursing home approved of it," he said.

Franklin Youngblood said he went to a nursing supervisor for an explanation immediately after finding the photo in his mother's bedroom drawer. The lawsuit claims the nurse attempted to grab the photo from him.

Fensterman said the girlfriend of one of Bernice Youngblood's sons had taken her to the stripper show, and not nursing home employees. Ray said Youngblood's son disputed that claim and, in any case, that does not mean Youngblood was not harmed by what she saw.

Fensterman also chided Ray for claiming that Youngblood was suffering from dementia, while at the same time noting the woman signed a power of attorney document claiming she was competent to sign it.

"Ms. Youngblood suffers from partial dementia," Ray said. "She has moments of partial lucidity."

The claims and counter-claims came during a sequence of heated news conferences outside the facility in West Babylon. Reporters and cameramen jostled in a large scrum around Fensterman and Ray when they briefly became embroiled in an argument after Ray presented his counterpart with a copy of the lawsuit complaint.

The state Health Department is investigating the incident, a spokesman said.


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Tuesday, June 18, 2013

Lawsuit: Man allowed to curse on NY ticket payment

LIBERTY, N.Y. (AP) — A 22-year-old Connecticut man who wrote obscenities and "Tyranny" on his speeding ticket payment claims in a federal lawsuit that his free speech rights were violated when he was arrested.

William Barboza is suing two police officers in the Catskill-area village of Liberty over the arrest.

Barboza had replaced the word "Liberty" with "Tyranny" and added an obscenity-laced insult on the payment form accompanying an August 2012 ticket.

The lawsuit filed by the New York Civil Liberties Union says the Fairfield County man was ordered to town court, where he was handcuffed and arrested for aggravated harassment. He posted $200 bail that day. The charge was dismissed in March.

The NYCLU argues that offensive language is protected speech.

There was no immediate comment from Liberty police.


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Monday, June 17, 2013

'Happy Birthday to You' belongs to us all, lawsuit says

By Bernard Vaughan

NEW YORK (Reuters) - "Happy Birthday to You," the ditty sung around the world in tribute to everyone from toddlers to centenarians, belongs to the public, according to a lawsuit filed on Thursday.

The proposed class action asks a federal court to declare the song to be in the public domain and that Warner/Chappel Music Inc, the music publishing arm of Warner Music Group, return "millions of dollars of unlawful licensing fees" it has collected for reproductions and public performances of the song.

"More than 120 years after the melody to which the simple lyrics of 'Happy Birthday to You' is set was first published, defendant Warner/Chappell boldly, but wrongfully and unlawfully, insists that it owns the copyright to 'Happy Birthday to You,'" the lawsuit said.

A representative of Warner/Chappell was not immediately available to comment on the lawsuit.

The plaintiff is Good Morning To You Productions Corp, a New York company that says it is making a documentary about the song. Facing a penalty of $150,000 if it used "Happy Birthday" without permission, the company said it paid a $1,500 licensing fee in March.

Warner/Chappell has collected at least $2 million annually in licensing fees for the song, according to the lawsuit.

The song was first published in 1893 as "Good Morning to All," and was written by sisters Patty and Mildred Hill, according to the lawsuit. The public began singing the words to "Happy Birthday to You" soon after.

Warner/Chappell's copyright claim stems from its acquisition in 1998 of Birch Tree Ltd, a company that traces its roots to Clayton Summy, according to the lawsuit. Summy bought the rights to "Good Morning to All" from the Hill sisters in 1893.

Robert Brauneis, a professor at George Washington University Law School, said he searched nationwide for evidence of a copyright for a combination of the melody for "Good Morning to All" with the lyrics for "Happy Birthday to You" for an article published in 2009 but did not find any.

Investors led by Edgar Bronfman Jr. bought Warner Music Group from Time Warner Inc in 2004 and sold it to its current owner, privately held Access Industries Inc, in 2011.

(Reporting by Bernard Vaughan; Editing by Bill Trott)


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Tuesday, March 19, 2013

Lawsuit says two-year-old boy ate used condom at Chicago McDonald's

By Jonathan Stempel


(Reuters) - McDonald's Corp has been sued by a woman who said her two-year-old son ate a used condom he found in the play area of one of its restaurants in Chicago.


Anishi Spencer filed the complaint against the fast-food restaurant chain on Wednesday in Cook County Circuit Court on behalf of herself and her sons, Jonathan Hines and Jacquel Hines.


According to the complaint, Spencer and her sons were at a McDonald's restaurant in Chicago's South Side on February 4, 2012 when Jacquel picked up the used condom from the floor, and shortly thereafter coughed up a piece of it.


Both boys required medical care, and have suffered lasting injuries, pain and discomfort, the complaint said.


Spencer accused McDonald's of negligence for failing to clean hazardous debris from the play area, and failing to use appropriate security measures to help uncover "deviant activities." The lawsuit seeks at least $50,000 of damages.


"This is a very disgusting case," Jeffrey Deutschman, a lawyer for Spencer and her sons at Deutschman & Associates in Chicago, said in a phone interview.


He said he tried to settle, but was unable to do so after having to deal with "layers and layers" of bureaucracy at McDonald's, which is based in Oak Brook, Illinois.


McDonald's spokeswomen did not immediately respond to requests for comment.


Jonathan is now 4 and Jacquel is now 3.


The case is Hines et al v. McDonald's Restaurants of Illinois Inc et al, Cook County Circuit Court, No. 2013L002625.


(Reporting by Jonathan Stempel in New York; Editing by Nick Zieminski)


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