ReportWire

Tag: damages

  • Parent lawsuit on Beverly teachers strike paused

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    BEVERLY — A lawsuit brought by parents over the November 2024 Beverly teachers strike is on hold as the state’s Appeals Court decides the fate of a similar case in Newton.

    Janelle Donahue, of Beverly, and Erica Kostro, of Quincy, filed the suit on behalf of their children against the Beverly Teachers Association and its president, Andrea Sherman, in Salem Superior Court in June.


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    By Caroline Enos | Staff Writer

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  • Court reduces damages Meta will get from spyware maker NSO Group but bans it from WhatsApp

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    US District Judge Phyllis Hamilton has reduced the damages Meta is getting from the NSO Group from $167 million to $4 million, but she has also ordered the Israeli spyware maker to stop targeting WhatsApp. If you’ll recall, Meta sued the NSO Group in 2019 over its Pegasus spyware, which it said was used to spy on 1,400 people from 20 countries, including journalists and human rights activists. Meta said at the time that Pegasus can infect targets’ devices even without their participation by sending text messages with malicious codes to WhatsApp. Even a missed call is enough to infect somebody’s device.

    According to Courthouse News Service, Hamilton reduced the damages because they would need to follow a legal framework designed to proportionate damages. However, she has also handed down a permanent injunction on the NSO Group’s efforts to break into WhatsApp. In her decision, she took note of statements made by NSO’s lawyers and its own CEO revealing that it hasn’t stopped collecting WhatsApp messages and trying to get around the messaging app’s security measures. The defendants previously said that the injunction Meta was requesting would “put NSO’s entire enterprise at risk” and “force NSO out of business,” since WhatsApp is one of the Pegasus spyware’s main ways to infect targets’ devices.

    “Today’s ruling bans spyware maker NSO from ever targeting WhatsApp and our global users again,” said Will Cathcart, Head of WhatsApp. “We applaud this decision that comes after six years of litigation to hold NSO accountable for targeting members of civil society. It sets an important precedent that there are serious consequences to attacking an American company.”

    Hamilton wrote that the proposed injunction requires the Israeli company to delete and destroy computer code related to Meta’s platforms, and that she concluded that the provision is “necessary to prevent future violations, especially given the undetectable nature of defendants’ technology.” It’s not quite clear how Meta will ensure that the NSO Group doesn’t use WhatsApp to infect its users’ devices again. Notably, the NSO Group was recently acquired by an American investment group that invested tens of millions of dollars into it to take controlling ownership.

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    Mariella Moon

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  • Former National Philharmonic music director awarded almost $400K in damages after 2024 dismissal – WTOP News

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    A former music director and conductor is being awarded hundreds of thousands in damages from the National Philharmonic after a hearing found the organization was responsible for breach of contract and wrongful termination.

    Former music director and conductor at the National Philharmonic Piotr Gajewski. (Courtesy Piotr Gajewski)

    A former music director and conductor is being awarded hundreds of thousands in damages from the National Philharmonic after a hearing found the organization was responsible for breach of contract and wrongful termination.

    Piotr Gajewski founded in 1984 what would become the National Philharmonic, a staple of orchestral performances with the Music Center at the Strathmore in North Bethesda, Maryland, since 2004.

    After 40 years at the helm, Gajewski and the National Philharmonic “parted ways” in 2024, when he was informed he would no longer serve as music director. Last week, an arbitrator ruled the reasons for Gajewski’s dismissal, as noted in his termination letter, were “lacking merit both factually and legally.”

    Arbitrator Jerry Goldstein also found that Gajewski could only be terminated by a vote of the National Philharmonic board, which did not occur.

    “It was essentially done by the action of two Board members acting on their own violation” of the National Philharmonic’s bylaws, Goldstein wrote in his findings.

    “While I am happy about the vindication through this verdict, I will be forever heartbroken that my 40-year tenure with the National Philharmonic, an organization I created and nurtured for a very long time, ended the way it did,” Gajewski said in a statement.

    Gajewski was awarded $391,402 in damages for breach of contract, wrongful termination and violation of Maryland Wage Payment and Collections Law.

    Fundraising concerns have impacted the National Philharmonic since before the COVID-19 pandemic.

    In 2019, WTOP reported on the group’s pending closure, followed by an urgent request for donations, then a successful last-minute fundraising effort to raise $500,000 to save the organization.

    “NatPhil musicians and audiences have meant so much to me over the years. It was made clear to me during the arbitration that, since my departure, the organization has been weathering difficult times. I truly wish them well, so I plan to approach this issue responsibly in the hope that the National Philharmonic can thrive again soon,” Gajewski said.

    The organization is currently selling tickets for it’s 2025-2026 season with its next concert on Oct. 25.

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    © 2025 WTOP. All Rights Reserved. This website is not intended for users located within the European Economic Area.

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    Valerie Bonk

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  • Couple sues Atlanta hospital for allegedly losing part of patient’s skull following brain surgery

    Couple sues Atlanta hospital for allegedly losing part of patient’s skull following brain surgery

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    A couple is suing an Atlanta hospital that allegedly lost part of a patient’s skull after it was removed during brain surgery because “several bone flaps” were lacking identification.

    Fernando and Maria Cluster are accusing staff at Emory University Hospital Midtown of negligence that led to an increased hospital stay as well as both physical and emotional damages, according to the complaint filed in DeKalb County, Georgia.

    A spokesperson for Emory Healthcare told NBC News in a statement it does not comment on pending litigation but “is committed to providing high-quality, compassionate care for patients and those we serve in our communities.”

    Fernando Cluster was at an Emory Healthcare hospital in September 2022 because he was suffering from a intracerebral hemorrhage, otherwise known as bleeding into the brain. To treat the bleeding, Cluster required emergency surgery that would include removing a portion of his skull, according to the suit.

    The doctors removed a 12-by-15-centimeter bone flap with a plan to secure it back in place during a second surgery weeks later, the suit said.

    But in November 2022, when Cluster was set to have his follow-up operation, the hospital allegedly struggled to find the bone flap.

    “When Emory’s personnel went to retrieve the bone flap, ‘there were several bone flaps with incomplete or missing patient identification’ and therefore, Emory ‘could not be certain which if any of these belonged to Mr. Cluster,’” the suit said.

    This ultimately required him to get a synthetic bone flap and entailed a significantly longer stay in the hospital. The couple alleges that the synthetic flap also caused an infection and that required another surgery.

    Cluster has incurred “medical expenses in excess of $146,845.60” after being charged for the synthetic flap and the prolonged hospital stay in addition to his surgeries, the suit said.

    The couple alleges in the suit that he has been unable to work, his family relationship has been impaired, and he has suffered permanent injuries due to the hospital’s negligence.

    Their lawsuit doesn’t state an amount the couple is seeking, but notes that they are seeking both general and special damages. In civil suits, general damages are considered more subjective forms of compensation for claims such as emotional distress or harm to quality of life while special damages are more specific economic harms.

    This article was originally published on NBCNews.com

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  • Americans pay $100 billion in real estate commissions but get ready for a 30% cut on that, expert says

    Americans pay $100 billion in real estate commissions but get ready for a 30% cut on that, expert says

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    Home buyers and sellers had a big week. Significant changes to how—and how much—they pay real-estate agents became more likely after a $1.8 billion verdict on Tuesday against the National Association of Realtors and large residential brokerages.

    The defendants artificially inflated commissions and “conspired to require home sellers to pay the broker representing the buyer of their homes in violation of federal antitrust law,” a federal jury in Missouri found

    The lawsuit (and two others) could lead to a 30% reduction in the $100 billion that Americans pay each year in real-estate commissions, said Ryan Tomasello, a real-estate industry analyst with Keefe, Bruyette & Woods, in a research note on the case, reported the Wall Street Journal.

    “We believe changes to the residential brokerage industry’s commission structure could cause the annual commission pool to decline by upwards of 30% over time,” he said

    NAR will appeal, and that process could take years. In a statement provided to Fortune, NAR vice president of communications, Mantill Williams, said its rules “prioritize consumers, support market-driven pricing and promote business competition.” The organization will ask the judge to reduce the verdict in the interim, he added.

    Housing market implications

    But Anthony Lamacchia, whose brokerage Lamacchia Realty has more than 500 agents in various states, told the Journal: “I have a hard time believing that this could be the verdict and there’s no material changes. It’s just what, and when, and what does it lead to?” 

    The judge might require changes to how brokerages operate, but whether that happens or not, the ruling could spur real-estate brokerages, fearful of potential liability, to implement new practices. Before the trial, two of the four big real estate broker franchisors named in the case, RE/MAX and Anywhere Real Estate, agreed to settlements, pending approval from the judge.

    The other two were Keller Williams Realty and HomeServices of America, an affiliate of Berkshire Hathaway. A spokesperson for HomeServices, which plans to appeal, said in a statement: “Today’s decision means that buyers will face even more obstacles in an already challenging real estate market, and sellers will have a harder time realizing the value of their homes.” 

    Another upshot of the ruling could be new business models finally breaking through. For years, real-estate startups have tried and failed to upend the way agents are paid. Among them was REX, cofounded by ex-Goldman Sachs partner Jack Ryan.

    “This will be a catalyst,” Ryan told the Journal, “because no one could break the cartel.”

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    Steve Mollman

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