Payment Dispute Leads to Impoundment of Steve Jobs’ Yacht

A dispute over pending payments recently led to Apple founder Steve Jobs’ yacht being impounded in Amsterdam.  However, the dispute has now been settled after Jobs estate settled the pending amount, allowing the yacht to sail once again.

The yacht cost more than €100 million to build, and was designed by French designer Philippe Starck.  Jobs owed €9 million to the designer in commission fees for his work on the vessel, but the designer claimed that he only received €6 million after the completion of the project.  Jobs never got to use the minimalist vessel called Venus.  After Jobs’ death, Starck filed to recover his dues.

So why did Jobs leave the payment pending at the time of his death?  The problem seems to have been that both Jobs and Starck engaged in a lot of personal negotiations and discussions about the project.  Unfortunately, most of these discussions were completed orally, and were not put down in a formal contract.

The dispute seems to have arisen out of the lack of a formal detailed contract between Jobs and Starck, outlining the payment details, and the payment schedule.  In the absence of a proper contract, California business dispute lawyers found that there was confusion clouding many of these financial issues.  As a result, Starck had no other option, but to go to court in order to recover his dues.

Jobs’ estate has now cleared the pending dues, and has deposited an undisclosed amount in the bank as a security deposit.  The yacht has been ruled free to sail out of the Amsterdam port.  The yacht is expected to sail soon to California, where the Jobs family will take custody of the yacht.

Risks of Carbon Monoxide Poisoning in Schools

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Doctors and California carbon monoxide poisoning lawyers advise that carbon monoxide detectors be installed not only in homes, but also in public buildings like schools.  That's because children may be at risk of monoxide poisoning, as happened recently at a school in Georgia.  In spite of these risks, few schools have installed these alarms, and only 2 states have made it mandatory to install such alarms in schools.

Only Maryland and Connecticut have laws that require schools to have carbon monoxide alarms installed their classrooms.  This is in spite of the fact that over the past 5 years at least, there have been several incidents in which students have been forced to evacuate classrooms because of the risk of carbon monoxide poisoning.  According to an investigation by USA Today, since 2007 alone, there were at least 19 incidents in which students had to be evacuated from their classrooms because of fears of carbon monoxide poisoning.  These evacuations involved more than 3,000 children.

Carbon monoxide is a colorless, odorless gas, and the fumes may begin to impact students and teachers before people even know what is going on.  By the time people get alerted to the fact that there are toxic fumes in the school building, it may be too late to act. In 2010, according to a report by the National Fire Protection Association, there were 81,100 carbon monoxide poisoning incidents that were reported.  None of these resulted in fires, but 90% of them occurred in homes or apartments. 

According to experts on the subject, every school should have carbon monoxide alarms installed in the hallways and at least near the pool areas.  Preferably, these alarms should also be installed in every classroom. 

Steakhouse Settles Same-Sex Harassment Lawsuit

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California employment lawyers have been coming across more cases of sexual harassment that feature same-sex harassment.  The Equal Employment Opportunities Commission has also confirmed that it is seeing more complaints of male-on-male sexual harassment.

Recently, a New York City steakhouse agreed to settle charges of sexual harassment, involving at least 22 male waiters.  The Sparks Steakhouse has agreed to settle the charges by paying $600,000. 

A complaint of sexual harassment had been made against Sparks to the Equal Employment Opportunities Commission back in 2009.  The complaint alleged that managers engage in misconduct that included blatant and physical sexual harassment.  Male employees regularly had their buttocks pinched, while managers would grind their genitals into waiter’s buttocks.  Grabbing and groping were commonplace. 

The waiters alleged in their lawsuit that they complained several times to the managers, but no action was taken.  Sparks Steakhouse however denies these allegations.  The company has also not admitted to any wrongdoing as part of the settlement. 

The settlement is likely to grab attention, because there have been an increasing number of cases of male-on-male sexual harassment reported to the Equal Employment Opportunities Commission.  According to the Commission, approximately 16% of the sexual harassment complaints that came before it were brought by men.  Last year, the rate was 12%.  Between 1992 and 2008, the number of sexual harassment lawsuits filed by men doubled. 

Another high-profile sexual harassment lawsuit was filed by the Cheesecake Factory.  In 2008, the company settled charges filed by at least 6 male staff members at the Cheesecake Factory.  According to the charges, these men were frequently subject to groping, grabbing, and simulated rape by their superiors.  The Cheesecake Factory denied those charges, but agreed to settle for $340,000.

Thousands of Bicycles Recalled for Defects

Bicyclists in California must be aware of at least 2 recalls that were initiated recently.  In both of these recalls, the bicycles come with a potential fall hazard that could injure the bicyclist.

The first recall is being initiated by California-based Specialized Bicycle Components Inc. of Morgan Hill.  Approximately 12,000 bicycles are included in this recall.  All of these bicycles were manufactured in China. 

According to the company, the defect involves the front fork which is prone to breakage.  When the front fork breaks, the bicyclist has a serious risk of falling off the cycle and being injured.  The company is aware of 4 reports in which bicyclists were injured after they fell off the bicycle.  Some of those injuries were serious like head injuries and shoulder fractures.  You can check to see if your bicycle is included in this recall by visiting the company's website.

The 2^nd recall involves more than 60,000 bicycles that were distributed by Meijer Inc..  In this case, the pedal can become loose or detach from the bicycle, again throwing the bicyclist off with great force.  The company has received 29 reports of incidents in which the pedal came off the bicycle while the bicycle was in operation, throwing the person off.  In at least 16 cases, the bicyclist suffered minor injuries. 

California bicycle accident attorneys advise all owners of these bicycles to stop using them immediately.  In the case of the Meijer recall, the owners of the bicycle can return the bicycle to any store for a free replacement bicycle.  In the case of the Specialized Bicycle recall, owners can visit the nearest dealer for a free installation of a replacement fork.

Law Restricting Chapter 9 Bankruptcy Filings Will Not Proceed

A number of recent California cities have filed for bankruptcy, and this has raised concerns in some circles that this could be the start of a trend of more cities in the Golden State making plans for Chapter 9 filings.  A bill that was designed to change a state law that calls for mediations between creditors and municipalities before going ahead with plans for bankruptcy will likely not proceed.

The bill was introduced to restrict the number of Chapter 9 bankruptcy filings by municipalities.  Over the past few months, a number of California cities have filed for bankruptcy, and these have not only rocked the California bankruptcy lawyer community, but have also garnered nationwide attention. 

In 2008, the city of Vallejo filed for bankruptcy.  Soon after that, California passed its Chapter 9 law, which calls for mediations and negotiations between municipalities and creditors.

Soon after the law was passed, a string of other cities including Stockton, San Bernardino and Mammoth Lakes also filed bankruptcy papers.  Stockton's bankruptcy was the most disturbing, because this was the largest bankruptcy filing by any U.S. city.

A new proposal would make changes to the state law to give more powers to mediators during negotiations between creditors and disparities.  This would help place several restrictions for municipalities that are determined to file for Chapter 9 bankruptcy.  The bill has been strongly supported by public employee unions, who have found that many of the other recent municipality bankruptcies have resulted in the rights of public union employees being relegated to the back seat.  When a large city files for bankruptcy, it is public pension and health benefits that are at serious risk of being limited.

However, an aide to the Senate President recently confirmed that this bill is likely not to proceed.

High Rates of Binge Drinking among College Students Increases DUI Risks

Approximately one in every 4 American adults between the age of 18 and 34 has drunk excessive amounts of alcohol or binged on at least one occasion over the previous month. In the general population, the rate is approximately 1 in 6 adults. Further, college-age drinkers who drink excessively are likely to consume as many as 9 drinks at a shot.

In the general population, binge drinking is the consumption of around 5 alcoholic beverages over a 2-hour period. However, among college drinkers, the average number of drinks consumed in a binge drinking session seems to touch 9 drinks. The national average number of drinks consumed per episode of binge drinking is about 8.

A study by the Centers for Disease Control and Prevention also provided other indications that the problem of binge drinking is much more widespread than we know. For instance, according to the agency, approximately half of the alcohol that is consumed in the United States is consumed during episodes of binge drinking. The Centers for Disease Control and Prevention says that there's a mismatch between alcohol sales figures, and the amount that people say they're consuming. In short, people are actually buying more alcohol than they're admitting to drinking, based on sales figures.

The Centers for Disease Control and Prevention conducted a telephone survey of more than 450,000 adults, and questioned them about their binge drinking practices over the past month.

Binge drinking is also surprisingly prevalent among persons above 65 although the average number of drinks consumed in this age group is less than 6. However, Los Angeles DUI lawyers are especially concerned about high rates of binge drinking among college students, because these drinkers may not be able to safely determine their own ability to drive safely after.

Half of All Americans Want License Suspensions for Texting Offenses

Approximately half of all Americans surveyed in a recent poll believe that persons who are found texting while driving must lose their license for a little while.

The cell phone survey consisted of 1,094 registered voters. The persons were asked whether they believed that a person caught texting while driving should lose their license privileges at least for some time. Approximately 50% of the Americans in the survey answered with a ‘Yes’. However, there were differences in the responses based on age, race and other factors.

No San Fernando Valley car accident lawyer would be surprised to find that older drivers were more likely to answer ‘yes’ to this question than younger drivers. Younger motorists were less likely to recommend losing of license privileges for texting offenses. Only 39% of drivers between 18 and 29 believed that it was advisable to suspend licenses of persons who are caught violating these laws. In contrast, among older drivers above 65, close to 67% believed that drivers who are found texting while driving should have their driving privileges suspended.

Women also seem to be more in favor of suspension of license privileges for texting offenses, compared to men. Approximately 52% of women were in favor of a law like this. Approximately 50% of whites and Hispanics believed that a law like this was recommended, while only 42% of African Americans believed that drivers caught texting while driving should lose their license privileges for a little while.

San Fernando Valley car accident lawyers believe that the practice of texting while driving in California could be reduced substantially if the current penalties also include license suspensions, like in the case of drunk motorists. The limited success that California's texting-while-driving ban has had could be traced partly due to the unintimidating penalties attached.