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Case ID: 3712 | Civil Rights | 09/28/2004
A class action lawsuit has been filed on behalf of non-custodial parents in the state of South Dakota. The suit alleges that the enforcement of child support and custody laws by the state’s courts and agencies unlawfully and unconstitutionally interferes with the parental rights of non-custodial parents.
The suit is based on the premise that any parent who has not been found to be unfit has an inherent and constitutional right to act in the best interests of his or her child, without interference by any government entity. For this reason, plaintiffs argue, a state’s attempt to enforce any law or regulation regarding child custody, support, or visitation is unconstitutional unless the parent the state seeks enforcement against has been found to be unfit. The suit alleges that South Dakota’s state courts and agencies have: • committed gross negligence in custody proceedings; The suit seeks injunctive and equitable relief, together with damages of one million dollars per plaintiff. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Civil Rights Cases of Interest A national class action has been filed in New York against collection specialist, Maximus, Inc. The action is brought on behalf of all U.S. residents who received a collection letter from Maximus which demanded payment within 30 days. Consumers claim this demand has the effect of overshadowing the statutorily required statement entitling consumers to challenge the validity of the alleged debt. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. U.S. District Judge Dickran M. Tevrizian approved the final settlement of a class action, requiring Los Angeles County and the Los Angeles Superior Court to take specific steps to make local courthouse facilities more accessible to the disabled. The settlement represents a final resolution of claims brought four years ago by four disabled individuals, including Santa Monica attorney David G. Geffen, who is paralyzed as a result of a spinal cord injury and litigates disability, employment, and personal injury cases. A collective action has been filed in South Carolina against the Orangeburg Consolidated School District Number Four. The action is brought on behalf
of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the school district. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as damages.
A racial discrimination lawsuit filed against Woodward Governor Co. has now been as a class-action lawsuit. The ruling, issued by Judge Philip Reinhard, opens the case to at least 117 current and former minority workers at the Loves Park-based fuel control manufacturer. "This is a very significant junction," said Jennifer Soule, lead attorney for the 16 plaintiffs who originally brought the suit. "Because it's been certified as a class action, the plaintiffs can potentially obtain relief on behalf of all African Americans, Hispanics and Asians who have worked for the company for a number of years."
The lawsuit, which was filed in May 2003 in U.S. District Court in Rockford, alleges that 14 blacks, one Hispanic and one Asian were intentionally discriminated against by Woodward because of their race. The suit also claims that Woodward has a racially hostile work environment and a racial composition less than the overall work force of Winnebago County.
A statewide class action has been filed in New York against Courtesy Mobil Gas Stations, Inc. and its corporate owners, Sammy and Musa Eljamal. The action is brought on behalf of all current and former employees, who since January 1998, were allegedly not paid proper overtime compensation, not paid proper minimum wage, were defrauded of tax funds and who were forced to accept improper wages in the form of cash payments. The action is brought under various provisions of the federal Fair Labor Standards Act, as well as New York labor law, and seeks statutory, liquidated and compensatory damages as well as back wages and injunctive and declaratory relief. The action is brought both as class action under state law, and as collective action under federal law. As a collective action, all potential claimants must "opt-in" to the case in order to be considered a claimant. The employees have requested that the court issue notice to all potential claimants to inform them of their rights. Federal law mandates that persons with disabilities be able to act on a level playing field with others. A class action has been filed against luxury liner operator Crystal Cruises, Inc. on behalf of disabled persons who have booked passage on one of the company's cruises, who allege that the company misrepresents its ships is accessible to them, in violation of the Americans for Disabilities Act and California consumer protection laws. |
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