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Tag: Corporate lawsuits

  • How RealPage influences rent prices across the U.S.

    How RealPage influences rent prices across the U.S.

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    RealPage software is used to set rental prices on 4.5 million housing units in the U.S. A series of lawsuits allege that a group of landlords are sharing sensitive data with RealPage, which then artificially inflates rents. The complaints surface as housing supply in the U.S. lags demand. Some of the defendant landlords report high occupancy within their buildings, alongside strong jobs growth in their operating regions and slow home construction.

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    Sat, Feb 3 20248:27 AM EST

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  • Lawsuits claim negligence in Massachusetts Apple store crash

    Lawsuits claim negligence in Massachusetts Apple store crash

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    BOSTON — The family of a man who was badly hurt when an SUV crashed into an Apple store in Massachusetts, killing one person and injuring 20, sued the company, the driver and the property owners Tuesday in one of the first lawsuits filed over the crash.

    Matthew Timberger, of Falmouth, suffered broken bones and other serious injuries when the vehicle drove into the store in Hingham on Nov. 21, the lawsuit said. He and his family accuse the driver of negligently operating the vehicle, and Apple and the property owners of negligently failing to place barriers that might have prevented a car from entering the store.

    “The frontage of the Apple Store features tall glass windows and doors, reaching all the way to the ground. These glass windows and doors are not designed or engineered or reinforced in such a way where they would act as an effective barrier against a moving motor vehicle,” the lawsuit said.

    Neither Apple nor property owners and managers WS Development immediately responded to messages seeking comment.

    Doug Sheff, an attorney for the family, said that while there were no protective barriers in front of the store, the shopping plaza did have them in front of electrical fixtures and trash receptacles behind the building.

    Two store employees have also sued over the crash, though they did not name Apple as a defendant.

    Driver Bradley Rein has pleaded not guilty to charges that he was reckless when the SUV crashed through the window.

    Rein told police he was looking for an eyeglass store at the shopping center when his right foot became stuck on the accelerator, according to court documents. He said he used his left foot to try to brake but couldn’t stop the vehicle.

    A phone number could not be located for Rein, who was being represented by a public defender on the criminal charges. It wasn’t immediately clear if he had a lawyer representing him in the lawsuits.

    The Timberger family, including Timberger’s wife, Christina, and their two children, are seeking damages that include compensation for his injuries, lost earnings and harm to their family relationships.

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  • Virginia Walmart mass shooting survivor files $50M lawsuit

    Virginia Walmart mass shooting survivor files $50M lawsuit

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    NORFOLK, Va. — A Walmart employee who survived last week’s mass shooting at a store in Virginia has filed a $50 million lawsuit against the company for allegedly continuing to employ the shooter — a store supervisor — “who had known propensities for violence, threats and strange behavior.”

    The lawsuit, which appears to be the first to stem from the shooting, was filed Tuesday in Chesapeake Circuit Court by Donya Prioleau.

    Walmart, which is headquartered in Bentonville, Arkansas, said in a statement that it was reviewing the complaint and will respond “as appropriate with the court.”

    “The entire Walmart family is heartbroken by the loss of the valued members of our team,” the company said. “Our deepest sympathies go out to our associates and everyone impacted, including those who were injured. We are focused on supporting all our associates with significant resources, including counseling.”

    Prioleau’s suit alleges that she has experienced post-traumatic stress disorder, including physical and emotional distress, from witnessing the rampage in the store’s breakroom on Nov. 22. Her lawsuit offers fresh details of the terrifying attack and provides a long list of troubling signs displayed by the shooter that she claims managers failed to address.

    “Bullets whizzed by Plaintiff Donya Prioleau’s face and left side, barely missing her,” the lawsuit states. “She witnessed several of her coworkers being brutally murdered on either side of her.”

    The lawsuit adds: “Ms. Prioleau looked at one of her coworkers in the eyes right after she had been shot in the neck. Ms. Prioleau saw the bullet wound in her coworker’s neck, the blood rushing out of it, and the shocked look on her coworker’s helpless face.”

    Store supervisor Andre Bing, 31, fatally shot six employees and wounded several others before he died of an apparent self-inflicted gunshot, police said.

    The lawsuit alleges that Bing “had a personal vendetta against several Walmart employees and kept a ‘kill list’ of potential targets prior to the shooting.”

    The list is in reference to a “death note” found on Bing’s phone and released Friday by authorities. The note appeared to contain specific references to people he worked with, but authorities redacted their names.

    Bing was a Walmart team leader who had worked for the company since 2010. He was responsible for managing the overnight stocking crew, including Prioleau, who started her job in May 2021, the lawsuit says.

    The lawsuit claims management knew or should have known about Bing’s disturbing behavior and lists several instances of alarming conduct.

    “Prior to the shooting, Mr. Bing repeatedly asked coworkers if they had received their active shooter training,” the suit states. “When coworkers responded that they had, Mr. Bing just smiled and walked away without saying anything.”

    Bing “made comments to other Walmart employees and managers suggesting that he would be violent if fired or disciplined,” according to the suit, which also says Bing “was disciplined leading up to the shooting, making his violent outburst predictable.”

    In another instance, Bing told co-workers “he ran over a turtle with a lawnmower just to see its (guts) spray out, which made him hungry and reminded him of ramen noodles,” the lawsuit says.

    Bing was previously disciplined for bad behavior and harassing employees, but Walmart “kept employing him anyway,” the suit says.

    In her court filing, Prioleau states that she and her mother attempted to take action against Bing.

    Prioleau had submitted a formal complaint on a Walmart Global Ethics Statement Form indicating that Bing had “bizarrely and inappropriately commented on Ms. Prioleau’s age,” the lawsuit stated.

    The lawsuit alleges that Bing told her: “Isn’t your lady clock ticking? Shouldn’t you be having kids?”

    Prioleau also complained that Bing had harassed her for “being poor and being short,” according to the lawsuit.

    The lawsuit states that she also informed Walmart that Bing called her a “bitch” under his breath.

    In September, Prioleau’s mother expressed concerns to a Walmart manager about her daughter’s safety “because it appeared their concerns were falling on deaf ears,” the lawsuit states.

    The manager said “there was nothing that could be done about Mr. Bing because he was liked by management,” according to the suit.

    Before the shooting, Bing told co-workers that “the government was watching him,” the suit says. “He kept black tape on his phone camera so no one could spy on him.”

    In the note left on his phone, Bing claimed he was harassed and said he was pushed to the brink by a perception that his phone was hacked. The note also accused colleagues of mocking him.

    Bing’s death note rambles at times through 11 paragraphs, with references to nontraditional cancer treatments and songwriting. He says people unfairly compared him to serial killer Jeffrey Dahmer.

    Jessica Wilczewski, a Walmart employee who witnessed the shooting, told The Associated Press last week that Bing seemed to target certain people.

    “The way he was acting — he was going hunting,” she said.

    In a note to employees on Tuesday, Walmart president and CEO John Furner wrote that the people who were killed were “amazing, irreplaceable members of our family.”

    “The Walmart Foundation also intends to contribute $1 million to the United Way of South Hampton Roads’ Hope & Healing Fund, which will support those impacted by the shooting and the broader Chesapeake community,” Furner wrote.

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  • Survivor of Virginia Walmart mass shooting files $50M suit

    Survivor of Virginia Walmart mass shooting files $50M suit

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    NORFOLK, Va. — A Walmart employee who survived last week’s mass shooting at a store in Virginia has filed a $50 million lawsuit against the company for allegedly continuing to employ the shooter — a store supervisor — “who had known propensities for violence, threats and strange behavior.”

    The lawsuit, which appears to be the first to stem from the shooting, was filed Tuesday in Chesapeake Circuit Court by Donya Prioleau. Walmart, which is headquartered in Bentonville, Arkansas, did not immediately respond to a written request seeking comment on the litigation.

    Prioleau’s suit alleges that she has experienced post-traumatic stress disorder, including physical and emotional distress, from witnessing the rampage in the store’s breakroom on Nov. 22.

    “Bullets whizzed by Plaintiff Donya Prioleau’s face and left side, barely missing her,” the lawsuit states. “She witnessed several of her coworkers being brutally murdered on either side of her.”

    The lawsuit adds: “Ms. Prioleau looked at one of her coworkers in the eyes right after she had been shot in the neck. Ms. Prioleau saw the bullet wound in her coworker’s neck, the blood rushing out of it, and the shocked look on her coworker’s helpless face.”

    Store supervisor Andre Bing, 31, fatally shot six employees and wounded several others before he died of an apparent self-inflicted gunshot, police said.

    The lawsuit alleges that Bing “had a personal vendetta against several Walmart employees and kept a ‘kill list’ of potential targets prior to the shooting.”

    The lawsuit also states that Prioleau had submitted a formal complaint on a Walmart Global Ethics Statement Form indicating that Bing had “bizarrely and inappropriately commented on Ms. Prioleau’s age.”

    The lawsuit alleges that Bing told her: “Isn’t your lady clock ticking? Shouldn’t you be having kids?”

    Prioleau also complained that Bing had harassed her for “being poor and being short,” according to the lawsuit.

    The lawsuit states that she also informed Walmart that Bing called her a “bitch” under his breath.

    “Despite Mr. Bing’s long-standing pattern of disturbing and threatening behavior, Walmart knew or should have known about Mr. Bing’s disturbing and threatening behavior, but failed to terminate Mr. Bing, restrict his access to common areas, conduct a thorough background investigation, or subject him to a mental health examination,” the lawsuit states.

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  • Missouri summer camp operators sued over abuse settlement

    Missouri summer camp operators sued over abuse settlement

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    A Tennessee man filed a lawsuit Friday claiming that operators of the Kanakuk Camps in Branson, Missouri, lied to him and his parents while persuading them to sign a settlement over sexual abuse by a camp counselor.

    Logan Yandell, 27, of Hendersonville, Tennessee, and his parents reached a confidential settlement with Kanakuk in 2010 that included a non-disclosure agreement after Yandell was abused by Peter Newman, who is serving two life sentences for sexually abusing multiple children while working for the Christian summer camps.

    The lawsuit names Kanakuk Ministries, Kanakuk CEO Joe White, Kanakuk Heritage Inc., Westchester Fire Insurance Company and a John Doe.

    A statement from Kanakuk said the company just received the lawsuit on Friday and does not comment on pending litigation.

    “We will respond further if or when appropriate,” the company said. “In the meantime, we continue to pray for all who have been affected by Pete Newman’s behavior.

    Yandell was sexually abused while attending the summer camp and other activities between 2005 and 2008.

    The lawsuit alleges that Kanakuk officials claimed they did not know about Newman’s sexual abuse of children prior to his arrest but the Yandell family later learned that wasn’t true.

    In December 2021, the conservative online news outlet The Dispatch reported that Newman’s supervisor, Will Cunningham, recommended in 2003 that Newman be fired because of reports of child sexual abuse, including participating in several activities with children while nude, “counseling” them in a hot tub and sleeping alone with children.

    The lawsuit filed Friday contains an affidavit from Cunningham confirming that he wanted Newman fired. Instead, White overruled the suggestion and promoted Newman to camp director, according to the lawsuit.

    The family would not have signed the settlement and non-disclosure agreement if they had known that Kanakuk officials had lied to them, Brian Kent, one of the family’s attorneys, said Friday.

    He said company officials took advantage of the family.

    “Knowing that the Yandells were really trying to deal with making sure their child is OK and getting him better, this was a clear effort by Joe White and Kanakuk to advise them this is something they should do. And they lied to them in order to get them to sign.”

    The lawsuit is not a class action but Kent said it’s possible more of Newman’s victims will file similar lawsuits because of the new information.

    The Associated Press generally does not name victims of sexual abuse but Yandell is named in the lawsuit and has publicly discussed his case.

    One of the reasons the family decided to file the lawsuit 12 years after signing the settlement was to allow Yandell to “get his voice back and have his voice heard,” Kent said.

    Newman is serving two life sentences plus 30 years in state prison after his 2010 sentencing on seven felony counts of sexually abusing boys while he was a Kanakuk counselor. The number of victims is believed to be in the hundreds, according to the lawsuit.

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  • Lawsuit accuses largest US meat producers of wage fixing

    Lawsuit accuses largest US meat producers of wage fixing

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    DENVER — Three meat plant workers have filed a federal lawsuit accusing 11 of the United States’ largest beef and pork producers of conspiring to depress wages and benefits.

    The lawsuit, filed in federal court in Denver on Friday, seeks class-action status and alleges the producers have worked together since at least 2014 to keep workers’ compensation lower than the market would allow, violating the Sherman Antitrust Act.

    It was brought by two meat plant workers from Iowa and one from Georgia but seeks to represent hundreds of thousands of other people who have worked in jobs from slaughtering to production at the companies’ collective 140 plants. Together the plants produce about 80% of the red meat sold to U.S. consumers, according to the lawsuit.

    The companies are JBS USA Food Company, Cargill Inc., Hormel Foods Corp., American Foods Group LLC, Triumph Foods LLC, Seaboard Foods LLC, National Beef Packing Co. LLC, Iowa Premium LLC, Smithfield Foods Inc., Agri Beef Co. and Perdue Farms Inc., along with some subsidiaries.

    Cargill denied any wrongdoing.

    “While we cannot comment with specificity during the pendency of litigation, Cargill sets compensation independently to ensure that it pays fair and competitive wages to employees in each of the company’s plants,” company spokesman Daniel Sullivan said.

    Perdue Farms spokesperson Andrea Staub declined to comment, saying the company does not discuss pending lawsuits. Smithfield spokesperson Jim Monroe said the company has not had a chance to review the allegations and had no comment at this time. Representatives of the other companies did not immediately return emails and telephone messages seeking comment Wednesday.

    Two consulting companies that allegedly helped the meat producers exchange compensation information are also named as defendants in the lawsuit, which was filed by lawyers from Hagens Berman.

    “Our firm has secured $195 million in the poultry processing industry for the same antitrust behavior. The meat industry’s gravy train ends here,” the law firm’s managing partner, Steve Berman, said in an announcement of the lawsuit on Wednesday.

    The lawsuit alleges that the meat producers had secret meetings to discuss wages and communicated about them surreptitiously to avoid having any written records of the conversations.

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  • Musk testifies in lawsuit over Tesla compensation package

    Musk testifies in lawsuit over Tesla compensation package

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    WILMINGTON, Del. — Tesla CEO Elon Musk took the witness stand Wednesday to defend himself in a shareholder lawsuit challenging a compensation package he was awarded by the company’s board of directors that is potentially worth more than $55 billion.

    Musk denied that he dictated terms of the compensation package or attended any meetings at which the plan was discussed by the board, its compensation committee, or a working group that helped develop it.

    “I was entirely focused on the execution of the company,” he said.

    Plaintiff’s attorney Greg Varallo spent much of his early cross-examination trying to draw Musk into admitting that he controls Tesla to such an extent that he can sway the board to do his bidding. Among other things, Varallo questioned Musk about his title of “Technoking,” a role that Musk has previously noted comes with “panache” and “great dance moves.”

    “I think comedy is legal,” Musk told Varallo, who had questioned whether Musk was “stone-cold sober” when he came up with the title.

    Varallo also suggested that one of the reasons that Musk developed a “master plan” for Tesla was to let people know he was in charge. He also noted that Musk makes recommendations regarding compensation for senior executives, and that he unilaterally made the decision to pause Tesla’s policy of accepting bitcoin from vehicle purchasers.

    “You’re asking complex questions that can’t be answered ‘yes’ or ‘no’,” Musk said when Varallo asked whether he came up with the vision for Tesla.

    The lawsuit alleges that the performance-based stock option grant was negotiated by the compensation committee and approved by Tesla board members who had conflicts interest due to personal and professional ties to Musk, including investments in his companies. It also alleges the shareholder vote approving the compensation plan was based on a misleading proxy statement.

    The shareholder plaintiff alleges that the proxy wrongly described members of the compensation committee as “independent,” and characterized all of the milestones that triggered vesting in the stock options as “stretch” goals meant to be difficult to achieve, even though internal projections indicated that three operational milestones were likely to be achieved within 18 months of the stockholder vote.

    Attorneys for the defendants have noted that two institutional proxy advising firms that urged shareholders to reject the plan nevertheless noted that it would require “significant and perhaps historic achievements” and require growth that “appear stretching by any benchmark.”

    The plan called for Musk to reap billions if Tesla hit certain market capitalization and operational milestones. For each incidence of simultaneously meeting a market cap milestone and an operational milestone, Musk, who owned about 22% of Tesla when the plan was approved, would get stock equal to 1% of outstanding shares at the time of the grant. His interest in the company would grow to about 28% if the company’s market capitalization grew by $600 billion.

    Each milestone in the plan includes growing Tesla’s market capitalization by $50 billion and meeting aggressive revenue and pretax profit growth targets. Musk would receive the full benefit of the pay plan, $55.8 billion, only if Tesla hit a market capitalization of $650 billion and unprecedented revenue and earnings within a decade.

    To date, Tesla has achieved all 12 of the market capitalization milestones and 11 operational milestones, resulting in the vesting of 11 of the grant’s 12 tranches and providing Musk over $52.4 billion in stock option gains, according to the lawsuit. Since the grant was awarded, Tesla’s market capitalization has increased from $59 billion to more than $613 billion now, having briefly hit $1 trillion early this year. Musk has sold Tesla stock to finance the Twitter purchase, adding downward pressure on the shares.

    Shares of Tesla and other automakers have been battered this year, but the Austin, Texas, company earned $5.5 billion in 2021, blowing away the previous year’s profit of $721 million. It also produced a record 936,000 vehicles, nearly double vehicle production in 2020.

    Attorneys for the plaintiff have suggested that incentivizing Musk to remain at Tesla’s helm by offering a huge compensation package was unnecessary, because he’s never suggested that he might leave. They’ve also suggested that Musk’s true motive in negotiating the package was to fund his dream to colonize Mars.

    In a November 2017 email to former Tesla General Counsel Todd Maron, Musk expressed optimism that the compensation package would be seen in a favorable light.

    “Given that this will all go to causes that at least aspirationally maximize the probability of a good future for humanity, plus all Tesla shareholders will be super happy, I think this will be received well,” he wrote, adding that “it should come across as an ultra bullish view of the future.”

    While on the stand, Musk also said that he does not want to be the CEO of any company.

    “I expect to reduce my time at Twitter and find somebody else to run Twitter over time,” Musk said, according to multiple media reports.

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  • California sues over ‘forever chemicals’ that taint water

    California sues over ‘forever chemicals’ that taint water

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    SAN FRANCISCO — A lawsuit filed Thursday by the state of California accuses 3M, Dupont and 16 smaller companies of covering up the harm caused to the environment and the public from chemicals manufactured by the firms that have over decades found their way into waterways and human bloodstreams.

    Attorney General Rob Bonta announced the lawsuit against the manufacturers of compounds that have been used in consumer goods and industry since the 1940s. The chemicals are found in firefighting foams, nonstick frying pans, cleaning sprays, water-repellent sports gear, stain-resistant rugs, cosmetics and countless other products.

    Bonta said these so-called forever chemicals are so strong that they do not degrade or do so only slowly in the environment and remain in a person’s bloodstream indefinitely.

    The companies knew for decades that the chemicals are “toxic and harmful to human health and the environment, yet they continued to produce them for mass use and concealed their harms from the public,” Bonta said.

    He said the court action comes following a multiyear investigation that found the companies marketed products containing PFAS, short for polyfluoroalkyl substances, despite knowing they cause cancer, developmental defects, reduced bone density and other health problems.

    Minnesota-based 3M said in a statement after the court filing that it “acted responsibly in connection with products containing PFAS and will defend its record of environmental stewardship.”

    Dupont, based in Delaware, said the company as it now exists should not have been named in the lawsuit.

    “In 2019, DuPont de Nemours was established as a new multi-industrial specialty products company. DuPont de Nemours has never manufactured PFOA, PFOS or firefighting foam. While we don’t comment on pending litigation, we believe these complaints are without merit, and the latest example of DuPont de Nemours being improperly named in litigation,” the statement said.

    The lawsuit, filed in Alameda County, is the first statewide legal action over PFAS contamination.

    It alleges violations of state consumer protection and environmental statutes and invokes a federal law that establishes a path to recoup the costs of cleaning up hazardous substances in soil and water.

    Bonta estimated penalties and cleanup costs sought by the lawsuit would reach hundreds of millions of dollars.

    U.S. manufacturers have voluntarily phased out compounds such as PFAS, but there are a limited number of ongoing uses and the chemicals remain in the environment because they do not degrade over time.

    The federal Environmental Protection Agency in June invited states and territories to apply for $1 billion under the new bipartisan infrastructure law to address PFAS and other contaminants in drinking water. Money can be used for technical assistance, water quality testing, contractor training and installation of centralized treatment, officials said.

    The EPA warned then that the chemicals are more dangerous than previously thought and pose health risks even at levels so low they cannot currently be detected.

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  • Resident sues wood products company over California wildfire

    Resident sues wood products company over California wildfire

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    SACRAMENTO, Calif. — A California man who lost his home in a wildfire last month has sued a wood products company at the center of the blaze, accusing it of failing to address the risk of a fire starting on its property.

    The fire started near the Roseburg Forest Products Co. mill on Sept. 2 in the small town of Weed near the California-Oregon border. It eventually burned more than six square miles (15.5 square kilometers), destroyed 118 buildings and killed two people. California Department of Forestry and Fire Protection is still investigating the cause of the fire.

    The mill produces its own electricity from wood remnants, a process that produces hot ash that is then sprayed with water from a machine. The company says it is investigating whether that machine, which it says is supplied by a third-party, failed to cool the ash enough, which could have started the fire.

    Tuesday, lawyers for 61-year-old Robert Davies sued the company, saying it did not make sure the machine was adequately designed, inspected and maintained — making the shed where the ashes were stored “a tinderbox awaiting a spark.”

    Instead of fixing the machine, the lawsuit says the company relied on its employees to put out fires, resulting in “a number of unreported fires at the facility.”

    “It begs the question, what was done from a safety standpoint to be able to address these fires that had occurred by using the correct technology and systems that would not rely solely on humans to be able to intervene,” Frank Pitre, one of Davies’ lawyers, said during a press conference on Wednesday.

    A spokesperson for the company declined to comment.

    The company has set aside $50 million to support victims of the fire, and so far it has compensated more than 300 people. That included Davies, who received $5,000. The lawsuit says this wasn’t enough to compensate him for the loss of his home of over 30 years and everything inside it.

    Pitre said he doesn’t believe the fire was a freak accident, saying multiple fires occurred on the site leading up to the blaze, known as the Mill Fire, which began on Sept. 2. He added the area was notorious for high winds during certain parts of the year.

    Terry Anderlini, another lawyer representing Davies, said Wednesday that the fire should never have happened.

    “We’re here to bring this forward and get to the truth of the matter,” Anderlini said.

    Warmer temperatures and drier conditions as a result of climate change have sped up the cadence of wildfires in Western states, scientists say. Wildfires have devastated communities in California, which, in the last five years, has seen the largest and most destructive fires in history.

    The Mill Fire started less than a quarter mile (0.3 kilometers) from the Weed City Fire Department and burned for 11 days. It prompted Democratic Gov. Gavin Newsom to declare a state of emergency in Siskiyou County and resulted in federal grant money to fight the blaze and support residents.

    Davies, who previously worked for an engineering company that contracted with the U.S. military, said he was in his home with his 25-year-old son when the fire started. After hearing helicopters flying from above, Davies walked outside and saw smoke coming over a hill. Within less than an hour, the smoke reached his house, he said.

    Davies and his son left their home with laundry baskets and clothes. Among the items left behind in Davies’ house were Disney collectibles he planned to will to his 36-year-old daughter.

    Davies said his family moved to the house in the mountains at least in part to avoid crime in larger cities.

    “In a way, it was kind of like a fairytale,” Davies said. “We never had to worry. And that’s all been stripped from, not only myself, but my children.”

    ———

    Sophie Austin is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Sophie Austin on Twitter.

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  • Pilot sues Southwest after colleague exposes himself

    Pilot sues Southwest after colleague exposes himself

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    FORT LAUDERDALE, Fla. — A Southwest Airlines pilot is suing the company, her union and a former colleague who pleaded guilty last year to dead-bolting the cockpit door during a flight and stripping naked in front of her.

    Christine Janning alleges that Southwest retaliated by grounding her after she reported Michael Haak to the company and the FBI, that it kept him employed despite an alleged history of sexual misconduct and that managers disparaged her in memos.

    She also alleges that the Southwest Airlines Pilots Association conspired with the airline and refused to support her. She is suing Haak for sexual assault. He pleaded guilty last year to a federal misdemeanor charge of committing a lewd, indecent or obscene act and was sentenced to probation.

    Haak’s attorney, Michael Salnick, said Wednesday that his client disrobed only after Janning encouraged him to, never did anything else and that there were no previous incidents. Southwest said it supported Janning and that it would “vigorously defend” itself against the lawsuit. The union did not respond to a phone call seeking comment.

    The Associated Press doesn’t normally identify people who say they are victims of sex crimes, but Janning through her attorney agreed to the use of her name.

    According to the lawsuit filed last week in Orange County, Florida, Janning had never met Haak before August 2020, when she was his co-pilot on a flight from Philadelphia to Orlando. She says Haak, a 27-year veteran of the airline, had used his seniority rights the previous day to bump another pilot who had been scheduled to command the flight. Janning believes that’s because he saw a woman was the scheduled co-pilot.

    Janning said that when they reached cruising altitude, Haak told her this was his final flight and there was something he wanted to do before retirement.

    She said he bolted the door so no flight attendant could enter. He then put the plane on autopilot, stripped off his clothes, began watching pornography on his laptop and committed a lewd act for 30 minutes while taking photos and videos of himself.

    Salnick said it was Janning who asked Haak if there was anything he wanted to do before retiring. When he replied he wanted to fly naked, she told him to go ahead and then made sexual advances after he disrobed, Salnick said. He said Haak rejected those and adamantly denied a lewd act occurred.

    At his sentencing hearing last year, Haak called the incident “a consensual prank” that got out of hand.

    Janning’s attorney, Frank Podesta, denied she encouraged Haak or made any advances.

    Janning said in the lawsuit that she was “horrified,” but she kept flying the plane while taking photos “to create a record.” The plane landed safely.

    And that wasn’t Haak’s final flight — he flew for three more weeks.

    Meanwhile, Janning didn’t report the incident to a Southwest employee relations investigator until three months later. She said she waited because her boss had disparaged her to a male colleague previously. She said she asked the investigator not to inform her boss, but she did.

    Janning says she was soon told that because Haak had retired, the airline’s investigation was closed. Janning then went to the FBI, which charged Haak. She alleges Southwest had sent Haak to a Montreal sexual harassment counseling center after a 2008 incident involving a flight attendant.

    Salnick says this incident never happened and Haak was never sent to a counseling center.

    “This person will do and say whatever is necessary to obtain a financial windfall. I feel sorry for her,” Salnick said.

    Janning said as retaliation for the FBI report, she was grounded for more than three months, costing her part of her salary. She was then required to take “unnecessary” flight simulator training before she could work again.

    She also said that on the day she was grounded, the airline stranded her in Denver and the FBI had to book her a United Airlines flight so she could return home to Florida. She said a Southwest manager sent a memo to more than 25 employees “that made baseless allegations” about her flying competency.

    Southwest denied Janning’s allegations, saying “we immediately supported (Janning) by cooperating with the appropriate outside agencies as they investigated.”

    “Our corporate Culture is built upon treating others with mutual respect and dignity, and the events alleged in this situation are inconsistent with the behavior that we require of our Employees,” the statement read.

    Janning said that when she contacted the union, its leaders did nothing to help her but did write a letter to Haak’s judge during his misdemeanor case saying he had a “spotless” record.

    No hearings have been scheduled.

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