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Tag: Lawsuit

  • Clippers subjected Kawhi Leonard to ‘unsafe and illegal treatment,’ ex-trainer says

    Clippers subjected Kawhi Leonard to ‘unsafe and illegal treatment,’ ex-trainer says

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    Kawhi Leonard’s tenure with the Clippers has been marred by numerous injuries, and his status for this season remains in doubt.

    As the organization plays its opening season in the newly completed Intuit Dome, a new complication has arisen: A lawsuit filed Thursday by a former trainer alleges unsafe treatment of the franchise’s star player.

    Randy Shelton was the strength and conditioning coach at San Diego State and worked closely with Leonard during the player’s time with the Aztecs. The lawsuit says the Clippers began their pursuit of Leonard — using Shelton as an intermediary — in 2017, two years before Leonard joined the team.

    Following a devastating ankle injury for Leonard during the Western Conference finals in 2016, Clippers assistant general manager Mark Hughes emphasized discretion as he sought out the San Antonio Spurs star’s private health information through Shelton, the lawsuit states.

    Hughes and Shelton spoke around 15 times by phone and seven times in person, Shelton says. The offer: a job as the Clippers’ strength and conditioning coach if the team could persuade Leonard to join.

    The team got its wish, with Leonard and Shelton joining in the 2019 offseason. From there, Shelton was relegated to the sidelines as a new assistant coach, Todd Wright, took over his responsibilities, the lawsuit says.

    Shelton’s remaining job was to take care of Leonard, a task that the suit claims deliberately was made more difficult as the team excluded Shelton from meetings and “withheld necessary medical treatment and information that impacted Leonard’s training and health.”

    Leonard’s health woes continued. He suffered a torn anterior cruciate ligament in the 2021 playoffs, and Shelton set a recovery target of two years — a timetable the Clippers were unwilling to accept, he says.

    Upon Leonard’s return for the 2022-23 season, the team promised a minutes restriction and that the forward would not play back-to-back games but failed to uphold that promise, Shelton claims. After the first two games, Leonard complained of knee swelling and inflammation, and an MRI revealed cartilage damage.

    The lawsuit says Leonard was “given biologics to band-aid the problem” instead of allowing the player the necessary time to heal. Less than a month later, in November 2022, Leonard returned to play and suffered two ruptured ligaments in his ankle within a week.

    Again, Shelton claims, the team demanded productivity, circumventing Shelton’s advice and withholding information from him. Shelton says the team began to force him out shortly thereafter.

    As Leonard battled through these injuries and the team’s record suffered, his minutes per game increased from 32 in December 2022 to 35 in January and 38 in February.

    This heavier load, which included one set of back-to-back games in March and April 2023, helped lead the team to a playoff berth. In the first round against Phoenix, Leonard tore his meniscus and suffered cartilage damage on his repaired ACL, requiring another surgery.

    After the injury, Shelton complained to the team. He said, according to the lawsuit, that “the mishandling of Kawhi Leonard’s injury and return-to-play protocol has been mind-blowing,” and that “the disregard for his recovery process is unacceptable.”

    The Clippers conducted an internal investigation, which concluded in June 2023 and found no wrongdoing. In July, President Lawrence Frank fired Shelton without cause, according to Shelton.

    Last season, Leonard again suffered a breakdown that necessitated another surgery. Shelton blames the team for pushing Leonard too hard.

    “The Clippers place revenue and winning above all else, even the health and safety of their ‘franchise’ player in Leonard,” the lawsuit says.

    Leonard missed the Olympics and is out to start the season. His return date is unclear.

    The Clippers did not immediately respond to requests for comment.

    In a statement provided to Chris Haynes, the NBA reporter who first reported on the lawsuit, the Clippers said: “Mr. Shelton’s claims were investigated and found to be without merit. We honored Mr. Shelton’s employment contract and paid him in full. This lawsuit is a belated attempt to shake down the Clippers based on accusations that Mr. Shelton should know are false.”

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    Terry Castleman

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  • ‘Celebrity A’ accused of raping 13-year-old during a VMAs afterparty hosted by Sean ‘Diddy’ Combs, lawsuit alleges

    ‘Celebrity A’ accused of raping 13-year-old during a VMAs afterparty hosted by Sean ‘Diddy’ Combs, lawsuit alleges

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    When Sean “Diddy” Combs was charged last month in a federal sex-trafficking probe, it unleashed a wave of lawsuits detailing how the music industry mogul allegedly drugged and assaulted men and women for years undeterred.

    But the piecemeal allegations leveled in the criminal and civil cases stopped short of answering an essential question that’s been hinted at by attorneys, investigators and internet sleuths: Who else was involved?

    This week, for the first time, celebrities other than Combs have been accused in civil lawsuits of participating in assaults during parties hosted by the Bad Boy Records founder. The stars, however, have not been identified by name.

    A federal lawsuit filed this week in the Southern District of New York involves a woman, identified as Jane Doe, who says she was 13 when she was raped by Combs and a male celebrity, identified only as Celebrity A, while a female celebrity, referred to as Celebrity B in court papers, watched.

    The woman alleges in the legal filing that the night of Sept. 7, 2000, began with her outside Radio City Music Hall in New York City, trying to talk her way into the Video Music Awards. She approached several limousine drivers, including one who claimed to work for Combs, she said.

    “He told her that Combs liked younger girls and she ‘fit what Diddy was looking for,’” the lawsuit states. The driver invited her to an afterparty and told her to return later that night.

    When she did, the driver took her to a large white house with a gated U-shaped driveway and, once inside, she was told to sign a nondisclosure agreement, the suit says. A luxurious party was unfolding inside. Waitstaff carried trays of drinks, loud music blasted throughout the house and partygoers were snorting cocaine and using marijuana, according to the lawsuit.

    After finishing one drink — a concoction of orange juice, cranberry juice and something bitter — she says she began to feel lightheaded and found an empty bedroom to rest. Combs walked into the room with two celebrities. He approached her “with a crazed look in his eyes, grabbed her and said ‘You are ready to party!’” the lawsuit states.

    The unnamed male celebrity raped the girl, while Combs and the unidentified female celebrity allegedly watched. Combs then raped the girl as the other two celebrities watched, according to the lawsuit.

    Combs’ attorneys denied the latest allegations in a statement.

    “The press conference and 1-800 number that preceded [Sunday’s] barrage of filings were clear attempts to garner publicity,” they said. “Mr. Combs and his legal team have full confidence in the facts, their legal defenses, and the integrity of the judicial process. In court, the truth will prevail: that Mr. Combs has never sexually assaulted anyone — adult or minor, man or woman.”

    Attorney Tony Buzbee, who is representing more than 100 people who say they were victimized by Combs, has previously vowed to name celebrities who had been involved in the alleged sexual abuse. He said during a news conference last month that the names contained in the suits would “shock.”

    “Many of you came here thinking or hoping or perhaps believing that I may start naming names,” Buzbee said last month. “That day will come, but it won’t be today.”

    But it hasn’t happened.

    Several sources involved in representing Hollywood A-listers told The Times they feared their clients being implicated even by mere association with Combs. Many have clients who went to Combs’ parties.

    Buzbee, they allege, is playing on the fear of implication. The Texas-based attorney has already claimed to have made deals with “a handful” of notable individuals who could be linked to Combs.

    Buzbee did not return a phone call from The Times seeking additional comment.

    David Ring, who has represented sex crime survivors in some of California’s biggest cases, said that not naming celebrities who may have been involved in wrongdoing gives the victims’ lawyers leverage to negotiate settlements.

    “If they are publicly identified, the celebrity will likely dig in and deny all charges and fight until the end,” he said. “However, if they are given the opportunity to quickly settle and prevent their name from ever being announced publicly, many of them will jump at that opportunity.”

    In another lawsuit Buzbee filed this week against Combs, a personal trainer identified only as John Doe alleges he was drugged and forced to perform oral sex on an unnamed male celebrity during an awards show afterparty at Combs’ house in the Hollywood Hills in June 2022.

    “While in and out of consciousness, individuals at the party forced Plaintiff into sexual acts with both men and woman. Plaintiff’s physical disposition made it impossible for him to reject their advances or otherwise control his body. These individuals, including Combs, essentially passed Plaintiff’s drugged body around like a party favor for their sexual enjoyment,” the lawsuit states.

    U.S. District Judge Jesse Furman ordered Buzbee this week to file a motion seeking to allow the personal trainer to proceed in the case using a pseudonym. He also required a declaration to be filed under seal “disclosing his identity and the identity of any party that is not named in the complaint to the court.”

    Combs, 54, remains in custody at the Metropolitan Detention Center in Brooklyn and has pleaded not guilty to charges of sex trafficking, racketeering and transportation to engage in prostitution. He has denied multiple abuse claims that have been outlined in at least 18 civil lawsuits filed against him in the past year.

    The criminal case laid out by federal prosecutors alleged an extensive network that would have required multiple people to recruit victims, organize the sex performances called “freak-offs,” clean up and cover tracks to avoid outside scrutiny.

    “Combs did not do this all on his own,” Damian Williams, the U.S. attorney for the Southern District of New York, said in announcing the charges. “He used his business and employees of that business and other close associates to get his way.”

    Federal prosecutors said early this month that Combs may face a superseding indictment that would open the door to more charges for Combs and possibly other defendants.

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    Hannah Fry, Richard Winton

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  • Character.AI, Google face lawsuit over teen’s death

    Character.AI, Google face lawsuit over teen’s death

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    Character.AI, Google face lawsuit over teen’s death – CBS News


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    A Florida mother filed a lawsuit against the artificial intelligence company Character.AI and Google. In February, Megan Garcia’s 14-year-old son died by suicide. She says her son was in a monthslong virtual emotional and sexual relationship with a chatbot. Garcia claims the Character.AI chatbot encouraged her son to take his own life. Character.AI called the situation tragic and said its hearts go out to the families, stressing it takes the safety of its users very seriously. A spokesperson for Google told CBS News that Google is not and was not part of the development of Character.AI. In August, the company said it entered into a non-exclusive licensing agreement with Character.AI that allows it to access the company’s machine-learning technologies, but has not used it yet.

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  • DJI challenges its ‘Chinese military company’ Pentagon designation in court

    DJI challenges its ‘Chinese military company’ Pentagon designation in court

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    DJI has filed a lawsuit against the US Department of Defense over its addition to the Pentagon list that designates it as a “Chinese military company.” In its filing, shared by The Verge, the company said it’s challenging the designation because it’s “neither owned nor controlled by the Chinese military.” It described itself as the “largest privately owned seller of consumer and commercial drones,” mostly used by first responders, fire and police departments, businesses and hobbyists.

    The company claimed that because the Pentagon has officially proclaimed it as a national security threat, it has suffered “ongoing financial and reputational harm.” It also said that it has lost business from both US and internal customers, which terminated contracts and refused to enter new ones, and it has been banned from signing contracts with multiple federal government agencies.

    DJI explained that it tried to engage with the Department of Defense for over 16 months and submitted a “comprehensive delisting petition” on July 27, 2023 to get the agency to remove its designation. However, the agency allegedly refused to engage in a meaningful way and to explain its reasoning behind adding the company to the list. On January 31, 2024, the DoD redesignated the company without notice, DJI wrote in its complaint. DJI alleged that the DoD only shared its full rationale for its designation after it informed the agency that it was going to “seek judicial relief.”

    The company claimed that the DoD’s reasoning wasn’t adequate to support its designation, that the agency confused people with common Chinese names and that it relied on “stale alleged facts and attenuated connections.” DJI is now asking the court to declare the DoD’s actions as unconstitutional, describing the Pentagon’s designation and failure to remove it from the “Chinese military company” list a violation of the law and of its due-process rights.

    DJI has long been at the crosshairs of various US government agencies. The Department of Commerce added it to its entity list in 2020, which prevented US companies from supplying it with parts without a license. A year later, it was added to the Treasury department’s “Chinese military-industrial complex companies” list for its alleged involvement in the surveillance of Uyghur Muslim people in China. And just a few days ago, DJI confirmed that its latest consumer drones are being held at the border by US customs, which cited the Uyghur Forced Labor Prevention Act. The drone-maker denied that it has manufacturing facilities in Xinjiang, the region associated with forced Uyghur labor.

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    Mariella Moon

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  • Google wants to put the consequences of its Epic antitrust ruling on pause during appeal

    Google wants to put the consequences of its Epic antitrust ruling on pause during appeal

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    Google has formally filed a motion [PDF] asking the 9th Circuit Court of Appeals to put a pause on the order that forces the company to open the Play store to competitors. If you’ll recall, Google lost an antitrust lawsuit filed by Epic Games after a federal jury found that the company held an illegal monopoly on app distribution and in-app billing services for Android devices. Earlier this month, US District Judge James Donato ordered Google to allow third-party app stores access to the Google Play app catalog and to make those stores downloadable from its storefront. Now, Google is asking the court for a stay on that order while it’s appealing the Epic antitrust lawsuit decision, saying that it will expose 100 million Android users in the US to “substantial new security risks.”

    The company called the order “harmful and unwarranted” and said that if it’s allowed to stand, it will threaten Google’s ability to “provide a safe and trusted used experience.” It argued that if it makes third-party app stores available for download from Google Play, people might think that the company is vouching for them, which could raise “real risks for [its] users.” Those app stores could have “less rigorous protections,” Google explained, that could expose users to harmful and malicious apps.

    It also said that giving third-party stores access to the Play catalog could harm businesses that don’t want their products available alongside inappropriate or malicious content. Giving third-party stores access to its entire library could give “bad-intentioned” stores a “veneer of legitimacy.” Moreover, it argued that allowing developers to link out from their apps “creates significant risk of deceptive links,” since bad actors could use the feature for phishing attacks to compromise users’ devices and steal their data.

    One of court’s main proposed changes is to allow developers to remove Google Play billing as an option, allowing them to offer their apps to Android users without having to pay the company a commission. However, Google said that by allowing developers to remove its billing system, it could “force an option that may not have the safeguards and features that users expect.”

    In its filing, Google emphasized that the three weeks the court gave it to make these sweeping changes is too short for a “Herculean task.” It creates an “unacceptable risk of safety” that could lead to major issues affecting the functionality of users’ Android devices, it said. The company also questioned why the court sided with Epic in its antitrust lawsuit, whereas it sided with Apple in a similar case also filed by the video game company. “It is pause-inducing that Apple, which requires all apps go through its proprietary App Store, is not a monopolist, but Google — which built choice into the Android operating system so device makers can preinstall and users can download competing app stores — was condemned for monopolization.”

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    Mariella Moon

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  • Sean ‘Diddy’ Combs accused of sexual assault of 6 people, including a minor, in new lawsuits

    Sean ‘Diddy’ Combs accused of sexual assault of 6 people, including a minor, in new lawsuits

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    Sean “Diddy” Combs faces 6 new sexual assault lawsuits


    Sean “Diddy” Combs faces 6 new sexual assault lawsuits

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    NEW YORK – Sean “Diddy” Combs is accused of raping women, sexually assaulting men and molesting a 16-year-old boy in a new wave of lawsuits filed in New York. 

    At least six lawsuits were filed against the hip-hop mogul in federal court in Manhattan on Monday. They were filed anonymously, two by women identified as Jane Does and four by men identified as John Does.

    The accusers are part of what their lawyers say is a group of more than 100 alleged victims who are in the process of taking legal action against Combs in the wake of his sex trafficking arrest last month.

    Man claims Diddy molested him when he was 16

    One of the John Does, a man living in North Carolina, alleges that Combs fondled his genitals when he was 16 at one of the rapper’s famous white parties in Long Island’s Hamptons in 1998.

    The man alleges that during a conversation about possibly breaking into the music industry, Combs abruptly ordered the then-teen to drop his pants.

    According to the man’s lawsuit, Combs explained to him that it was a rite of passage to becoming a music star, at one point asking the then-teen: “Don’t you want to break into the business?”

    The man said he complied out of fear, anxiety and power imbalance he felt with Combs, only realizing later that what had happened was sexual assault.

    Until Monday’s lawsuit, Combs had only been accused in civil cases and his criminal indictment of sexual activity with adults.

    Combs’ lawyers released a statement Monday evening calling the recent filings “clear attempts to garner publicity.”

    “Mr. Combs and his legal team have full confidence in the facts, their legal defenses, and the integrity of the judicial process.  In court, the truth will prevail:  that Mr. Combs has never sexually assaulted anyone—adult or minor, man or woman,” the statement said.

    Combs has pleaded not guilty

    Combs, 54, has pleaded not guilty to racketeering conspiracy and sex trafficking charges alleging he coerced and abused women for years with help from a network of associates and employees while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.

    Combs’ lawyers have been trying unsuccessfully to get the Bad Boy Records founder freed on bail. He has been held at a federal jail in Brooklyn since his Sept. 16 arrest.

    Two judges have concluded that Combs would be a danger to the community if he is released from the Metropolitan Detention Center, a facility that has been plagued by violence and dysfunction for years. At a bail hearing three weeks ago, a judge rejected a $50 million bail package, including home detention and electronic monitoring, after concluding that Combs was a threat to tamper with witnesses and obstruct a continuing investigation.

    On Friday, an appeals court judge denied Combs’ immediate release from jail while a three-judge panel of the 2nd U.S. Circuit Court of Appeals weighs his bail request.

    “You better not tell anyone about this”

    The other lawsuits filed Monday in U.S. District Court in Manhattan include allegations of rape, forced oral sex and drugging to incapacitate victims.

    One of the Jane Does suing Combs alleges he raped her in a locked hotel room in 2004 after he invited her and a friend there for a party, gave them drinks and told them to snort cocaine.

    The woman, a college freshman at the time, alleges Combs also forced her friend to perform oral sex on him and said he would have them both killed if they didn’t comply with his demands.

    The other Jane Doe alleges Combs violently attacked and raped her in a bathroom in 2005 at a party for the late rapper Biggie Smalls’ music video, “One More Chance.”

    According to the woman, Combs brought her into the bathroom to talk privately and then started kissing her unexpectedly. When she tried to pull away, she alleges, he slammed her head against the wall, causing her to fall to the floor. The woman said she tried to escape, but Combs hit her again and raped her.

    Afterward, according to the woman, Combs nonchalantly adjusted his clothing and told her: “You better not tell anyone about this, or you will disappear.”

    In another John Doe lawsuit, a man working as a security guard at Combs’ Hamptons white party in 2006 alleges the star gave him an alcoholic beverage that he came to believe was laced with a drug that made him feel extremely ill. The man alleges that Combs then pushed him into a van, held him down and sexually assaulted him.

    In the other lawsuits filed Monday, Combs is accused of forcing a man to perform oral sex on him in the stockroom of Macy’s flagship store in Manhattan’s Herald Square in 2008 and sexually assaulting a man at a party in October 2021. The latter man, who suspects a drugged beverage left him unable to fight back, recalls multiple men assaulting him and distinctly recalls seeing Combs above him, naked, at one point during the assault, his lawsuit said.

    “The press conference and 1-800 number that preceded today’s barrage of filings were clear attempts to garner publicity. Mr. Combs and his legal team have full confidence in the facts, their legal defenses, and the integrity of the judicial process.  In court, the truth will prevail:  that Mr. Combs has never sexually assaulted anyone—adult or minor, man or woman,” Combs’ attorneys said in a statement. 

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  • TikTok sued by 14 attorneys general alleging its app is harming children’s mental health

    TikTok sued by 14 attorneys general alleging its app is harming children’s mental health

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    TikTok was sued Tuesday by 14 attorneys general who allege the social media platform is misleading the public about its safety. The app, they say, is harming children’s mental health, with some kids getting injured or even dying because of TikTok’s viral “challenges.”

    The lawsuits, filed Tuesday, also claim that TikTok relies on “addictive features” that keep users glued to its platform, which in turn can hurt their mental health. These features include notifications that can harm kids’ sleep patterns and video autoplay that encourages users to spend more time on the platform, without the option to turn off the autoplay function, according to the complaint. 

    “We strongly disagree with these claims, many of which we believe to be inaccurate and misleading. We’re proud of and remain deeply committed to the work we’ve done to protect teens and we will continue to update and improve our product,” a TikTok spokesperson said in a statement to CBS MoneyWatch. 

    “We provide robust safeguards, proactively remove suspected underage users, and have voluntarily launched safety features such as default screentime limits, family pairing, and privacy by default for minors under 16,” the spokesperson said, adding, “We’ve endeavored to work with the Attorneys General for over two years, and it is incredibly disappointing they have taken this step rather than work with us on constructive solutions to industrywide challenges.”

    The lawsuits add to other challenges facing TikTok, which is also fighting a potential ban that was signed into law earlier this year by President Joe Biden. The law, which the social media service has argued is unconstitutional and should be overturned, would require TikTok’s owner, the China-based company ByteDance, to either divest the business or face a ban of the service within the U.S.

    At the same time, TikTok is also facing charges from various states and children’s advocates about privacy issues and their impact on kids and young adults. 


    Appeals court revives lawsuit against TikTok over girl’s death in viral challenge

    03:28

    In the October 8 lawsuits, the attorneys general cite TikTok’s popular “challenges” as harmful to children, promoting dangerous behaviors that have caused injuries, some fatal.

    “Challenges are campaigns that encourage users to create and post certain types of videos on TikTok, such as a video of a user performing a certain dance routine or a dangerous prank,” alleges the lawsuit from New York Attorney General Letitia James. “Challenge videos are a cornerstone of the platform and are among the most popular videos on the platform.”

    The lawsuit added, “Numerous teen users have injured or even killed themselves or others participating in viral pranks to obtain rewards and increase their number of ‘likes,’ views, and followers, a foreseeable consequence of TikTok’s engagement-maximizing design.”

    In one case, a 15-year-old boy died in Manhattan while subway surfing, a trend where people ride on top of a moving subway car. The lawsuit notes that his mother found TikTok videos about subway surfing in his account after he had died. 

    The attorneys general who are suing TikTok represent the following states and district:

    • California
    • Illinois
    • Kentucky
    • Louisiana
    • Massachusetts
    • Mississippi
    • New Jersey
    • New York
    • North Carolina
    • Oregon
    • South Carolina 
    • Vermont
    • Washington
    • District of Columbia

    Each attorney general filed a lawsuit in their own jurisdiction.

    Aimee Picchi

    Aimee Picchi is the associate managing editor for CBS MoneyWatch, where she covers business and personal finance. She previously worked at Bloomberg News and has written for national news outlets including USA Today and Consumer Reports.

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  • Ghost kitchen accuses Brookfield of water damage in DTLA basement

    Ghost kitchen accuses Brookfield of water damage in DTLA basement

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    The owner of a basement business beneath a landmark building of converted lofts in Downtown Los Angeles has accused Brookfield Properties of causing water damage. It seeks $5 million.

    The affiliate of City Storage Systems, a locally based ghost kitchen and delivery firm, filed a lawsuit against affiliates of the New York-based investor over damage under the Subway Terminal Building at 417 South Hill Street, near Pershing Square, Law360 reported.

    The City Storage affiliate, 417 S. Hill Street LA, accused Brookfield Properties Multifamily and FC Subway Terminal Lessor of refusing to take responsibility for water damage to the  subterranean floors it owns beneath the historic building known as Metro 417.

    City Storage also accused Brookfield of failing to remediate the damage since ponds and pools of water, mold, a “strange musty odor” and wet dripping walls were found several years ago throughout the basement, according to the complaint.

    “All of these actions have and continue to diminish, damage and prevent plaintiff’s peaceful and reasonable use and enjoyment of the lower-floors property, reduce the value of the lower-floors property, and cause plaintiff to incur millions of dollars … in property damage, deferred maintenance and repairs required,” the City Storage Systems affiliate alleged.

    FC Subway owns the 12-story Beaux Arts building that opened in 1925 as the main terminal for the Pacific Electric Railway, whose last Red Car came to a stop in 1961.

    The Brookfield affiliate bought the Subway Terminal Building in 2002 for an undisclosed price, then converted the national landmark and city historic-cultural monument into 277 luxury apartments at a cost of $60 million. Metro 417 opened in 2005.

    In 2007, FC Subway subdivided the property between the upper floors and the subterranean floors, which the Brookfield affiliate then sold. The basement includes at least two levels.  

    In 2018, the City Storage Systems affiliate bought the basement for an undisclosed sum, according to the complaint. City Storage is the parent company of CloudKitchens and other brands, which bought 40 properties in two dozen cities prior to the pandemic for $130 million, according to the Wall Street Journal.

    But within a year of acquiring the property, the basement owner discovered extensive water damage and mold growth in the lower-level floors, the basement owner said.

    City Storage Systems hired engineering consultant Wiss Janney Elstner Associates in 2021. The firm dentified significant water damage in the floors owned by its affiliate. The next year, FC System retained its own consultant, according to the complaint.

    The City Storage Systems’ consultant uncovered pooled water throughout the basement, mold, a “strange musty odor,” water dripping down the walls and ponds of water behind brick walls, according to the suit.

    Though the parties signed a tolling agreement in July last year, Brookfield refused to accept responsibility for the water damage, address the basement owners’ concerns or plan remediation work, the City Storage Systems affiliate said. 

    The agreement expired in July with no resolution.

    The suit accuses Brookfield and FC Subway of breaching their responsibilities under the 2007 agreement subdividing the property, according to Law360. The basement owner also brought breach of fiduciary duty, negligence and nuisance claims against the pair.

    The City Storage Systems is seeking $5 million in damages and an award compensating for the decreased fair market value of the lower floors. Its attorneys, as well as attorneys for the Brookfield affiliates, did not return requests for comment by Law360.

    — Dana Bartholomew

    Read more

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    Former Uber CEO Travis Kalanick Opens San Jose Ghost Kitchen

    Former Uber CEO Travis Kalanick opens ghost kitchen in San Jose


    Brookfield's Brian Kingston and 777 South Figueroa Street (left) and 555 West 5th Street (right) and in Downtown Los Angeles (Getty, Brookfield, LoopNet, Carol M. Highsmith, Public domain - via Wikimedia Commons)

    Brookfield defaults on $784M on loans connected to DTLA office towers


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    TRD Staff

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  • Newsom quashed bill. Now lawsuit aims to open UC jobs to undocumented students

    Newsom quashed bill. Now lawsuit aims to open UC jobs to undocumented students

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    After Gov. Gavin Newsom vetoed a bill that would have allowed undocumented students to be hired on public universities, a legal effort has been launched to force open this doorway.

    On Tuesday, a UCLA alumnus and a lecturer filed a lawsuit accusing the University of California system of discriminating against students based on their immigration status. They are seeking a court order requiring the system to consider undocumented students for on-campus jobs.

    “As an undocumented undergraduate student at the University of California, I experienced firsthand the pain and difficulty of being denied the right to on-campus employment,” said petitioner and UCLA alumnus Jeffry Umaña Muñoz on Tuesday. “Losing these opportunities forced me to extremely precarious and dangerous living situations, always moments from housing and food insecurity.”

    The suit argues that federal law barring the hiring of undocumented people does not apply to public universities. A UC spokesperson said on Tuesday afternoon that the university system had yet to be served with the filing but will respond as appropriate when served.

    The suit is being coordinated by the Opportunity4All campaign, which led the charge behind Assembly Bill 2486, or the Opportunity for All Act, this year.

    When vetoing the bill in September, Newsom cited concerns that state employees could be found in violation of federal laws for hiring undocumented people.

    “Given the gravity of the potential consequences of this bill, which include potential criminal and civil liability for state employees, it is critical that the courts address the legality of such a policy and the novel legal theory behind this legislation before proceeding,” he said in his veto message.

    UC regents, for their part, share Newsom’s fear that offering jobs to undocumented students may run afoul of federal law.

    In January, they shelved a plan to open jobs to students who lack legal work authorization, saying UC could be subject to civil fines, criminal penalties and the potential loss of billions of dollars in federal funding. The university system receives more than $12 billion in annual federal funding for research, student financial aid and healthcare.

    The lawsuit, however, argues that although the Immigration Reform and Control Act of 1986 bars the hiring of people without legal status, this federal law does not apply to government employers such as the University of California.

    “No court has ever interpreted IRCA the way the [UC] regents do,” Jessica Bansal, counsel for the petitioner, said at a news conference announcing the lawsuit Tuesday. “To the contrary, the U.S. Supreme Court has consistently held that federal laws regulating hiring do not apply to state employers unless they clearly and unambiguously state they do.”

    Bansal said the UC hiring policy also violates California’s Fair Employment and Housing Act, which prohibits state employers from discriminating in hiring based on immigration status.

    Although the lawsuit is directed at the UC system, counsel Ahilan Arulanantham said he hoped a favorable ruling would prompt California State University to also open employment to such immigrant students.

    California is home to one-fifth of the nation’s immigrant college students who are in the U.S. illegally, an estimated 55,500 of whom attend public colleges and universities.

    “It’s imperative for these students to have the opportunity to work and pursue career advancement,” petitioner and UCLA lecturer Iliana Perez said Tuesday. “By unlocking their potential and enabling them to contribute fully, we can rectify the missed economic opportunity and create a more inclusive and prosperous society.”

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    Clara Harter

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  • Unbelievable facts

    Unbelievable facts

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    In the 2000s, Google, Apple, Adobe, and Intel agreed not to hire each other’s employees to suppress…

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  • Plaintiffs Seek to Resurrect Las Vegas Antitrust Lawsuit

    Plaintiffs Seek to Resurrect Las Vegas Antitrust Lawsuit

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    A group of former hotel guests have filed a brief with the US Court of Appeals for the Ninth Circuit, arguing that many Las Vegas casino hotels are engaging in price-fixing, violating local antitrust laws. This complaint follows an earlier dismissal of a Las Vegas hotel price-fixing lawsuit.

    The earlier lawsuit claimed that major operators leveraged the data-sharing software Rainmaker to share sensitive data with one another and artificially inflate room prices. It challenged the implicated companies under the Sherman Antitrust Act, which aims to prevent anti-competitive practices that could harm consumers.

    Guests Insist That Operators Violated Antitrust Laws

    For context, a federal judge dismissed the previous lawsuit, resulting in a significant victory for the Vegas operators. The judge had argued that the plaintiffs were unable to prove there was an agreement between the businesses.

    The complaint disagreed with the court’s earliest stance. The plaintiffs said that the court drew inferences against plaintiffs and ignored well-established case law.  

    Indeed, the court’s reasoning would effectively immunize algorithmic price fixing from antitrust scrutiny and lead to a variety of absurd results.

    Complaint excerpt

    The plaintiffs reiterated the claim that competitor operators delegate their pricing to a single third-party actor, effectively undermining the competitive aspect of the market.

    In any case, the use of machine-powered algorithms has been a point of contention within the sector, previously sparking similar lawsuits in other US markets too.

    The Operators Denied the Allegations

    According to the complaint, major gambling and hospitality companies, such as MGM Resorts, Caesars Entertainment, Treasure Island and Wynn Resorts, have been consistently increasing their room prices since 2015. The software supplier Cendyn Group, which developed Rainmaker, has also been implicated in this alleged price-fixing operation.

    Plaintiffs alleged that the companies’ price increases sought to generate extra profit and were not based on occupancy rate concerns.

    However, casinos previously dismissed these claims as baseless, saying that there is no evidence of a conspiracy. The implicated parties noted that the complaint fails to identify an individual who joined the purported conspiracy, meaning that the plaintiffs had no idea when it began.

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    Fiona Simmons

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  • Michigan State Police troopers accused of racial profiling, mocking Black motorist in false DUI arrest

    Michigan State Police troopers accused of racial profiling, mocking Black motorist in false DUI arrest

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    A motorist is suing Michigan State Police after troopers arrested him on false claims that he was intoxicated when they pulled him over in Benton Harbor shortly after 3 a.m. on April 10.

    Dakarai Larriett, who is Black, claims he was racially profiled when troopers pulled over his Cadillac SUV, mocked his name, and suggested he smelled “fruity,” which he interpreted to be a homophobic remark.

    At the time, Larriett was wearing pajamas and forced to undergo field sobriety tests in the cold. Trooper George Kanyuh, who Larriett says had a history of making sexist, racist, and homophobic statements on social media, was adamant that Larriett was under the influence.

    “I don’t know what he’s on,” Kanyuh told his partner Matthew Okaiye, according to footage obtained from his body-worn camera. “I’m going to assume it’s weed and alcohol.”

    Larriett says the camera footage proves that troopers were trying to plant drugs on him. At 3:25 a.m., Kanyuh can be seen rifling through the trunk of his squad car for two minutes, and the video goes dark. At one point, Okaiye appears to say, “Drugs?”

    Kanyuh responds, “I don’t think I have any … I had a stash in here somewhere. I don’t know where it’s at.”

    Without any proof that Larriett was under the influence, the troopers handcuffed him and took him to a hospital to be tested for drugs and alcohol. He was then taken to jail, even though his alcohol test turned up negative.

    Then an already humiliating encounter with police allegedly turned even more degrading.

    While doing a scan of Larriett’s stomach, police claimed they had spotted an “anomaly” and accused him of “trying to smuggle drugs into the jail by way of ingestion of a bag of drugs,” Larriett tells Metro Times in an email.

    “An extremely humiliating moment occurred where I was forced to defecate publicly while Trooper Kanyuh yelled at me not to flush,” Larriett recalls.

    Kanyuh says he was charged with operating under the influence of a controlled substance, but prosecutors quickly dismissed the case “due to lack of evidence and the unlawful nature of the stop and arrest,” according to a federal complaint filed by Larriett’s attorney Shawndrica N. Simmons.

    Five months later, the results of Larriett’s blood tests for drugs and alcohol arrived, and they were negative.

    “The actions of the Michigan State Police officers were part of a pattern and practice of racially discriminatory policing,” Simmons wrote in the demand for a jury trial.

    After his arrest, Larriett found an X account, @GKanyuh, that he says belonged to Kanyuh before it was recently deleted. The tweets contained racist, homophobic, and misogynistic language and imagery.

    In one retweet, a photo of a Black woman is captioned, “Met the biggest beauty of a crackhead last night.”

    Larriett tells Metro Times he’s still struggling to come to terms with the traffic stop and arrest.

    “It’s horrible,” he says. “I’m still shaking when I see that video.”

    State police did not immediately return a request for comment from Metro Times.

    The police bodycam video can be viewed below or on YouTube.

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    Steve Neavling

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  • Dutch Organizations Launch Class Action Lawsuits against Operators

    Dutch Organizations Launch Class Action Lawsuits against Operators

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    Gamblers across Europe continue suing gambling firms in hopes of getting their money back. As the shift toward regulated gaming continues, customers are saying that companies shouldn’t have taken their money before securing a license.

    The latest such cases involve Dutch customers who are seeking compensation from online gambling firms that took their money before becoming legal in the Netherlands. Two foundations are spearheading mass claims involving thousands of players.

    The April Case Set a Precedent

    In April, a Dutch court ruled that an unlicensed company should return the money it took from a player. The player in question had lost roughly €200,000 to a company that did not have a Dutch license.

    Back in April, lawyer Benzi Loonstein described the previous ruling as “groundbreaking” since it could set a precedent for more similar lawsuits.

    Meanwhile, the Supreme Court is yet to finalize its final ruling. The legal authority is expected to weigh in on the matter early in 2025.

    Two Foundations Are Launching Mass Lawsuits

    Following the April decision, two foundations are getting involved in the matter, launching class action lawsuits on behalf of other players. One of these organizations is Gokverliesterug, which is preparing legal action against several operators who took money from Dutch customers before having a license.

    Lawyer Koen Rutten, who represents Gokverliesterug, spoke on the matter, accusing iGaming companies of surreptitiously trying to avoid the Netherlands’ gambling rules for years. Rutten emphasized that these operators should be held to account even if they have secured a license since.

    The second mass claim is led by Loonstein Advocaten, the foundation that won the April case. According to Dutch news outlets, over 20,000 people have so far signed up for that claim.

    For context, the Netherlands legalized online gambling three years ago. However, many gambling companies offered their product to Dutch customers before that. While many of these companies have now acquired licenses and are operating legally, customers who lost sums before that are hoping to get their money back.

    The Austrian Industry Is Experiencing Similar Lawsuits

    Such lawsuits have become a hot topic in the world of European gambling and have occurred in other regulated markets too. Austrian gamblers have also hit operators with lawsuits, alleging that the gambling companies had taken their money before becoming regulated.

    However, a recent Austrian ruling also allowed gambling companies to seek their money back from winners who won before the operators were licensed.

    The OVWG recently weighed in on the matter, advising reforms that would avoid the potential “legal vacuum for consumers.”

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    Fiona Simmons

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  • Hubbard Inn’s TikTok Lawsuit Won’t Stop as Judge Denies Motion to Dismiss

    Hubbard Inn’s TikTok Lawsuit Won’t Stop as Judge Denies Motion to Dismiss

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    A judge has denied a motion to dismiss a lawsuit filed against a Hubbard Inn customer who in March posted a TikTok video claiming the venue’s bouncer dragged her out of the bathroom and shoved her, sending her “flying down the staircase.”

    The customer, Julia Reel, is the subject of a defamation lawsuit filed by the Hubbard Inn’s lawyers. In the filing, the bar’s council claims that her social media post, which was shared more than 100,000 times, defamed the business, leading to more than $30,000 in canceled reservations, threats to their staff, and negative publicity with their Yelp page review bombed.

    “I will never be going back there, and you shouldn’t either,” Reel said in her now-deleted video.

    Reel’s video showed her sitting on her bed, calling the March 10 incident “the craziest experience she’s ever been in” and that she was “manhandled.” Cook County circuit court judge Patrick Sherlock denied her motion to dismiss the case on Tuesday, September 25, and ordered a response to the court by Tuesday, October 15.

    After Reel posted her video in March, in an unusual move for a restaurant, Hubbard Inn responded with its own video spliced with Reel’s voiceover that included security footage allegedly showing the Tiktokker and a friend walking down a staircase with a bouncer following them. The Hubbard Inn video claimed Reel was “politely escorted off the premises, ensuring a safe exit.” A week later, the club filed the lawsuit against Reel.

    Reel quickly turned to a law firm, Corboy & Demetrio, which put out its own TikTok video with a statement defending their client; it’s since been deleted and Reel has since switched attorneys.

    Part of Reel’s new council, Rebecca Kaiser Fournier, an attorney at Henderson Parks, didn’t immediately return a request for comment. Reel is also represented by Forde & O’Meara, according to Cook County documents.

    As the drama unfolded in March, online observers sat back and took their shots at Reel. The popular social media account Know Your Meme even posted about the conflict.

    Reel filed a police report following the alleged altercation at Hubbard Inn claiming she was treated at Northwestern Memorial Hospital after a bouncer removed her from a bathroom while she was urinating. She claims the bouncer pushed her down the stairs causing her head to hit the ground. Reel, 22 at the time, told police she suffered bruises to her head and arm. No arrests were made.

    A Hubbard Inn rep says police never contacted the bar for any follow-ups to Reel’s report.

    In the motion to dismiss, filed on Wednesday, September 4, Reel’s attorneys argue her client’s video was “not a statement of fact but rather an internet review and her opinion of the business — not grounds for a defamation claim.” Reel’s attorneys also cite a classic piece of Chicago restaurant lore: a lawsuit filed by Peter Schivarelli, the founder of Demon Dogs, a hot dog stand that once stood under the CTA’s Fullerton Red and Brown line stop in Lincoln Park.

    Schivarelli, a former streets and sanitation supervisor (who also managed the rock band Chicago), in 1999 sued CBS Chicago over a commercial that referenced a 1997 news report about Schivarelli’s involvement in a ghost payrolling scandal. The ad touted the channel’s investigative reporting unit and featured a clip from Pam Zekman’s piece with the reporter telling Schivarelli “you are cheating the city.” Schivarelli would argue that the clip lacked context and counted as defamation. The case was dismissed in 2001.

    Hubbard Inn’s attorneys claim Reel ignored multiple requests in March to remove her post and that pushed them to sue.

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    Ashok Selvam

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  • Los Angeles settles with Monsanto for $35 million over PCBs in waterways

    Los Angeles settles with Monsanto for $35 million over PCBs in waterways

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    Contamination of key Los Angeles waterways such as the Santa Monica Bay, Los Angeles Harbor and Echo Park Lake due to the spread of toxic chemicals is at the heart of a $35-million settlement between the L.A. City Council and agriculture giant Monsanto and two smaller companies.

    The City Council on Tuesday announced the payout by the companies to settle a lawsuit filed in 2022 over damage from long-banned chemicals called PCBs, which have been linked to health problems including cancer.

    The City Council approved the settlement at Tuesday afternoon’s meeting, voting 13 to 0 after a closed session. Councilmembers Imelda Padilla and Nithya Raman were absent.

    A call to the office of City Atty. Hydee Feldstein Soto was not immediately answered, nor was a call to Monsanto’s representation.

    In March 2022, then-City Atty. Mike Feuer sued Monsanto, which was swallowed by the German corporation Bayer in 2018, and smaller chemical companies Solutia Inc. and Pharmacia.

    The complaint sought compensation for the cost of past cleanups — and for future abatement of — polychlorinated biphenyls, or PCBs. The chemicals tainted and continue to pollute many Los Angeles waterways, including the Dominguez Channel, Ballona Creek, Marina del Rey and Machado Lake.

    “The city has expended millions and millions of dollars so far and is going to continue to expend millions and millions of dollars to remediate this issue,” Feuer said at the time.

    PCBs are human-made organic chemicals that have no known taste or smell and range in consistency from oils to waxes, according to the Environmental Protection Agency.

    They had several commercial uses, including in transformers and capacitors, oil used in motors and hydraulic systems, cable insulation, oil-based paint, caulking and plastics.

    PCBs were produced and used domestically from roughly 1929 until they were banned in 1979, according to the EPA.

    From the 1930s through 1977, Monsanto was the sole producer of PCBs in the United States, according to the National Library of Medicine.

    Exposure to PCBs increases the chances of a person developing cancer while diminishing the effectiveness of the immune system and damaging reproductive organs and the nervous system, according to the EPA.

    The lawsuit alleged that Monsanto knew that “its commercial PCB formulations were highly toxic and would inevitably produce precisely the contamination and human health risks that have occurred.” Instead of informing public officials, the company “misled the public, regulators, and its own customers about these key facts.”

    The lawsuit alleged that, as early as 1937, Monsanto acknowledged internally that PCBs produced “systemic toxic effects upon prolonged exposure.”

    Many of Los Angeles’ waterways had been impaired by PCB contamination, according to the lawsuit.

    The city has said that it continues to shoulder the cost and responsibility of cleaning these locales along with monitoring and analyzing samples.

    People face PCB exposure, according to the lawsuit, by eating contaminated food, breathing contaminated air, or drinking or swimming in contaminated water. Fish captured in contaminated waters and eaten also provide an avenue for PCB exposure.

    The settlement avoids a court trial, which presented some risk to the city.

    Seattle claimed a $160-million settlement with Monsanto in July over PCBs in the city’s drainage system and rivers.

    In May, however, an appeals court in Washington state overturned a $185-million verdict against Monsanto in a lawsuit brought by three teachers who claimed brain damage due to PCB leaks.

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    Andrew J. Campa

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  • YouTube star MrBeast sued by contestants, claiming

    YouTube star MrBeast sued by contestants, claiming

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    One of the world’s best-known online personalities is facing a lawsuit.

    Jimmy Donaldson, better known as “MrBeast,” is a 26-year-old YouTube star with more than 300 million subscribers. He’s built an empire offering huge prizes to viewers on his videos.

    The proposed class action lawsuit accuses MrBeast’s production company and Amazon Studios of “chronic mistreatment” and sexual harassment of contestants in an upcoming reality show. The plaintiffs also claim to be considered employees, not contestants, and dispute wages in the lawsuit.

    Legal battle details

    Five unnamed contestants in the upcoming Amazon reality show “Beast Games” are alleging MrBeast’s production company and Amazon Studios created a “toxic and hostile” environment, that “laid the groundwork” for sexual harassment, according to the lawsuit.

    The plaintiffs cite an alleged production guide called “How to succeed in MrBeast Production,” which they say encourages obscenities and directs staff to “do everything” to “help” the talent “be idiots.”

    The contestants also claim they were forced to endure “unsafe” conditions with a lack of access to medical care, food and water, and say they weren’t paid a fair wage.

    “You can call them whatever you want to, but if they meet the definition of an employee, it doesn’t matter what you title them,” Lizelle Brandt, the plaintiffs’ attorney, said. “Our argument is that they are employees under California law.”

    Amazon Studios and a spokesperson for MrBeast declined to comment.

    “The hope, dream and expectation that you will get a payment is not the same thing as being an employee,” said CBS News legal contributor Jessica Levinson. “There’s a real legal battle here that the plaintiffs will have to convince a judge that this group who signed on to be part of a show should be considered as employees, not contestants.”

    Previous allegations

    The accusations come after YouTuber Jake Weddle, who claims to be a former MrBeast employee, alleged mental abuse during a 100-day isolation challenge.

    “It got to the point where they weren’t turning the lights off,” Weddle said. “You know I asked them. I said, ‘Could we have like nighttime hours, you know?’ They said ‘No.’”

    Donaldson, 26, has previously faced allegations of racism and inappropriate comments.

    “When Jimmy was a teenager he acted like many kids and used inappropriate language while trying to be funny,” a spokesperson for the YouTuber said in a statement to The Associated Press when the allegations surfaced. “Over the years, he has repeatedly apologized and has learned that increasing influence comes with increased responsibility to be more aware and more sensitive to the power of language. After making some bad jokes and other mistakes when he was younger, as an adult he has focused on engaging with the MrBeast community to work together on making a positive impact around the world.”

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  • Police transparency expands with new national database — except Michigan

    Police transparency expands with new national database — except Michigan

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    A new online tool called the National Police Index launched this week, allowing residents in 17 states to access the employment history of police officers, with the aim of increasing transparency and accountability in law enforcement.

    But for now, Michigan is not included in the database. That’s because the state police refused to disclose public records about the identities of current and former police officers.

    In November 2023, Metro Times teamed up with the nonprofit news organization the Invisible Institute to file a lawsuit against Michigan State Police, alleging the agency violated the Freedom of Information Act.

    The database — created by a coalition of journalists, attorneys, and data scientists, including the Invisible Institute, the Innocence Project New Orleans, and the Human Rights Data Analysis Group (HRDAG) — is designed to help track “wandering officers” who move from department to department after engaging in misconduct. The tool provides detailed information on why an officer left a position and allows users to download the data for further analysis.

    “So-called ‘wandering officers’ have presented a significant danger to residents of every state, and an impediment to lasting police accountability,” said Chaclyn Hunt, legal director of the Invisible Institute, which is based on the South Side of Chicago and is known in part for the creation of the Civic Police Data Project, a repository of Chicago Police misconduct information dating back to 1988. “The National Police Index allows all stakeholders to view the employment history of officers in their city, town, village, or college.”

    In Michigan, wandering cops have been a big problem. In October 2023, Metro Times revealed that the Detroit and Eastpointe police departments violated a 2017 law by failing to properly report officer misconduct, which enabled a disgraced former cop to get a new job. Ex-Detroit cop Kairy Roberts landed the new job in Eastpointe last year, despite an internal investigation that found he had punched an unarmed man in the face in Greektown, failed to provide medical aid, and then lied about the encounter in August 2021.

    After Roberts resigned under pressure from the Detroit Police Department, the city did not report the alleged misconduct — as required — to the Michigan Commission on Law Enforcement Standards (MCOLES), the state agency responsible for regulating police. And Eastpointe falsely claimed to MCOLES that he had met the character fitness standards, which is required for officers to get their licenses reactivated. Those standards are intended to prevent abusive cops from getting another law enforcement job in the state.

    Concerns about wandering cops are increasing as agencies face a shortage of officers. Without enough applicants, some police departments are lowering their standards for new officers and hiring cops with a history of misconduct, Metro Times revealed in a previous cover story investigation.

    In March, MCOLES launched an investigation into the Warren and Romeo police departments after a Metro Times cover story showed that both departments appeared to violate the 2017 state law intended to stop wandering cops. At the time, Warren’s police commissioner William Dwyer told MCOLES that another officer, Robert Priest, retired in “good standing,” even though he was under investigation.

    As a result, Priest was able to get another police job in Romeo, where he was fired after pulling over former Warren Deputy Police Commissioner Matt Nichols as part of a “special project” in February 2022. Nichols claimed Priest was out to get him because Nichols played a role in denying Priest a promotion to the rank of lieutenant.

    The need for such a tool is also highlighted by cases like that of Sangamon County Deputy Sean Grayson, who was charged with the murder of Sonya Massey in Illinois. Grayson, who had been discharged from the U.S. Army for misconduct, worked in five police departments, with documented issues in at least two.

    “If the Sangamon County sheriff knew people could easily monitor a police officer’s employment history, maybe Sean Grayson would have never been hired,” Hunt said.

    The National Police Index currently includes employment data from 17 states, and efforts are ongoing to collect similar data in states, like Michigan, that have made it inaccessible.

    In the FOIA request to Michigan State Police in January 2023, Metro Times and the Invisible Institute requested the names of all certified and uncertified officers in the state, along with information about their employment history.

    On March 8, MSP declined to provide the identities of certified and uncertified officers, along with other information, arguing “the public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy.” State police also argued that releasing the names of officers “would endanger the life and safety of the law enforcement officers and their families, because the information would lead to [their] doxing,” referring to the act of publishing identifiable information about an individual on the internet.

    But by withholding the identities of officers, MSP is impeding the public’s ability to track cops who lose their job in one place only to be rehired at another.

    The University of Michigan Civil Rights Litigation Initiative filed the lawsuit on behalf of Metro Times and the Invisible Institute.

    In an unusual move in April, Michigan Attorney General Dana Nessel sided with the news organizations’ lawsuit against the state police, filing a motion in support of releasing the public records in April.

    As more information becomes available, additional states will be added to the index.

    The Invisible Institute and its partners said they are committed to expanding the tool’s reach and continuing the fight for transparency in policing.

    The launch of the National Police Index is considered a critical step toward improving police transparency nationwide, building on the success of the Civic Police Data Project, which has been used by journalists, activists, and wrongfully convicted people to expose misconduct and promote reform.

    “The National Police Index works to make real the bedrock principle that records that relate to police transparency belong to the people,” said Craig Futterman, a former public defender and director of the University of Chicago Law School’s Civil Rights and Police Accountability Project. “The Civic Police Data Project in Chicago has powerfully contributed to this historic opportunity for police accountability. People wrongly in prison have used this information to win their freedom. Journalists and scholars have exposed systemic problems and created opportunities for policymakers to implement solutions. Community members have identified police officers engaged in patterns of abuse and held them to account.”

    Futterman added, “The National Police Index holds the promise of enhancing police accountability throughout the country.”

    The development of the National Police Index was supported by a broad coalition of organizations, including reporters, attorneys, and students, and is part of a wider effort to make police misconduct data accessible to the public. The partnership with Innocence Project New Orleans and HRDAG brings together experts in law enforcement accountability and human rights violations to track officers who move between agencies despite histories of misconduct.

    Tarak Shah, a data scientist at HRDAG, pointed out the importance of this new tool for addressing impunity in law enforcement: “Police often avoid accountability by moving to another agency rather than face discipline. This tool, allowing anyone to look up and track the histories of such officers, provides an invaluable service for the human rights community in our fight against impunity.”

    The National Police Index is seen as a powerful resource for law enforcement reform, addressing a longstanding gap in how officers with histories of misconduct are tracked.

    “This tool will address a shortcoming in law enforcement hiring practices that has plagued our nation for years,” said Chris Burbank, former Salt Lake City Police Chief and current law enforcement consultant with the Center for Policing Equity. “Lacking prior accountability, officers who have been disciplined traverse the country seeking employment, and often, repeat the same poor practice or behavior. I applaud the work in this area and look forward to its success.”

    The project was made possible by a coalition of journalists, legal professionals, and data organizations, including Big Local News at Stanford, CBS News, Hearst Newspapers, and others.

    “This data is imperative for holding police officers accountable and tracking the movement of officers across jurisdictions, a common loophole exploited by those with histories of misconduct,” said Julie Ciccolini, the CEO and founder of Techtivist, a firm that works with defense attorneys and others to use data to track police misconduct. “By making officer information public, we close this gap, ensuring that there is public accountability and officers cannot escape scrutiny by simply changing uniforms.”

    The Civil Rights Litigation Initiative (CRLI) at the University of Michigan Law School represents the Invisible Institute and the Detroit Metro Times in their lawsuit seeking the names of police officers in Michigan. The Michigan Court of Claims rejected the state’s attempt to dismiss the case and the parties are now in discovery. The court is likely to schedule an evidentiary hearing later this year.

    “CRLI is excited to support the development of this national tool which will enable the press nation-wide to report on police misconduct and movement of officers between departments,” said Ellory Longdon, a student attorney with CRLI. “While we are disheartened that this tool does not yet include data on officers in Michigan, we are hopeful that the outcome of this lawsuit will enable greater transparency and accountability for law enforcement in Michigan.”

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    Steve Neavling

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  • Diddy Indicted on Federal Sex-Trafficking and Racketeering Charges

    Diddy Indicted on Federal Sex-Trafficking and Racketeering Charges

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    Nearly a year after an incendiary, and quickly settled, lawsuit brought scrutiny to Sean “Diddy” Combs’s personal life, the hip-hop mogul has been indicted on federal sex trafficking and racketeering charges in New York. According to his legal team, Combs voluntarily relocated to the Park Hyatt hotel in Manhattan ahead of his arrest on Monday evening.

    “We are disappointed with the decision to pursue what we believe is an unjust prosecution of Mr. Combs by the U.S. Attorney’s Office,” Combs’s attorney Marc Agnifilo said in a statement, describing his client as “a music icon, self-made entrepreneur, loving family man, and proven philanthropist who has spent the last 30 years building an empire, adoring his children, and working to uplift the Black community.”

    “He is an imperfect person, but he is not a criminal,” the statement continued. “To his credit Mr. Combs has been nothing but cooperative with this investigation and he voluntarily relocated to New York last week in anticipation of these charges. Please reserve your judgment until you have all the facts. These are the acts of an innocent man with nothing to hide, and he looks forward to clearing his name in court.”

    The charges follow a series of legal battles surrounding Combs. In November, his former girlfriend Casandra Ventura, who performs as Cassie and had been signed to Combs’s record label, accused him of years of sexual and physical abuse. The suit was settled in just a day, but its contents set out a disturbing portrait that instantly reframed the playboy persona that Combs had cultivated for decades.

    In the months to come, Combs faced an additional eight lawsuits involving sexual misconduct, five of which included an allegation of sexual assault. He is fighting all of these suits and has denied any wrongdoing in connection with them. In March, federal agents raided his homes in Los Angeles and Miami, and while authorities noted few details at that time, the televised spectacle set off widespread discussion of potential criminal charges. His arrest marks the most dire legal threat he has faced to date, and further cements the sharp turn he has taken from world-beating impresario to punchline.

    Still, Combs has seemed somewhat pointed in his efforts to appear unfazed, posing for photos at a Miami cafe only a few days after the raids of his homes. As the summer began, TMZ photographed him white-water rafting in Jackson Hole. In the lead-up to his arrest, the only public sign of contrition he offered came when video evidence of his abuse emerged. After CNN published hotel surveillance video from 2016 showing Combs dragging and kicking Ventura, he posted an apology video on Instagram.

    “I was disgusted then when I did it,” Combs said. “I’m disgusted now.”

    This is a developing story.

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    Dan Adler

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  • A state’s experience with grocery chain mergers spurs a fight to stop Albertsons’ deal with Kroger

    A state’s experience with grocery chain mergers spurs a fight to stop Albertsons’ deal with Kroger

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    Lawyers for Washington state will have past grocery chain mergers – and their negative consequences – in mind when they go to court to block a proposed merger between Albertsons and Kroger.

    The case is one of three challenging the $24.6 billion deal, which was announced nearly two years ago. The Federal Trade Commission is currently fighting the merger in federal court in Oregon, where closing arguments are expected Tuesday. Colorado has also sued to block the merger.

    But if the merger goes through, Washington residents would feel the impact more than the people of any other state. Albertsons and Kroger own more than 300 grocery stores in the state and control more than half of grocery sales there.

    Under a plan to ease regulators’ concerns, Kroger and Albertsons would sell 579 overlapping stores, 124 of them in Washington, if the merger goes through. That’s the highest number among the 19 states with stores on the list. The state attorney general’s office says the proposed buyer, C&S Wholesale Grocers, has little experience running stores or pharmacies.

    Washington seeks to avoid the situation it found itself in a decade ago, when Albertsons bought the Safeway chain. To satisfy regulators concerned about that deal’s potential impact on supermarket competition and consumers, Albertsons sold 146 stores to Haggen, a small grocery chain based in Bellingham, Washington.

    But Haggen struggled with the expansion. Within six months, it had closed 127 stores — including 14 in Washington — and laid off thousands of workers. Haggen sold its remaining stores to Albertsons in 2016. Now, 10 Haggen stores in Washington are on the list to be sold if the merger happens.

    “It’s pretty terrifying,” said Tina McKim, a founding member of Birchwood Food Desert Fighters, a group that sprang up in 2016 after Albertsons closed a store in Bellingham’s Birchwood neighborhood.

    Washington Attorney General Bob Ferguson, a Democrat who is running for governor, wants to block the merger not just in the state but nationwide. In its complaint, filed in King County Superior Court in Seattle, Washington says eliminating the “robust competition” that exists between Albertsons and Kroger would lead to higher prices, lower quality and, most likely, store closures.

    Albertsons and Kroger say the merger would help them better compete with growing rivals like Walmart and Costco. They are trying to get the case dismissed, arguing a state court isn’t the proper venue to consider a nationwide ban.

    “Under our federalist system, Washington cannot wield its antitrust law to dictate merger policy for the rest of the country,” Albertsons and Kroger said in a court filing.

    Brad Weber, a Dallas-based partner with the law firm Locke Lord who specializes in antitrust issues, said the Superior Court judge could decide to halt the merger nationwide or limit his ruling to Washington. Judge Marshall Ferguson might also order the companies to make changes to their plans to divest stores to preserve competition.

    Ferguson may also decide to delay the case until there’s a ruling from the U.S. District Court in Oregon. Weber said. In that case, the Federal Trade Commission has asked a judge to temporarily block the merger until it is considered by an in-house judge at the FTC.

    Albertsons and Kroger insist that their plan, including the sale of stores to C&S, will lower grocery prices and preserve competition. But Washington residents like McKim remain skeptical.

    In 2016, Albertsons acquired a Haggen supermarket and then promptly closed an Albertsons store about a mile away in Birchwood. When it sold its former store two years later, Albertsons included a restriction: for the next 20 years, no grocery store could open in the Birchwood shopping plaza.

    Albertsons says these types of restrictions — occasionally used when there is a store in close proximity to the store that’s closing — can help grocery companies stay competitive.

    But it was a huge blow to the community, McKim said. For 35 years, the Birchwood store had served older adults, students, people with disabilities and lower-income residents who suddenly had no easy access to fresh food.

    “We were all really shocked by that. How is it possible to deny food access to a neighborhood?” McKim said. “It made it really hard for anyone without a car to be able to go to another grocery store.”

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    Dee-Ann Durbin

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  • Here’s every musician with a beef or lawsuit against Donald Trump

    Here’s every musician with a beef or lawsuit against Donald Trump

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    There’s a lengthy list of musicians who have taken issue with Donald Trump over his presidential campaigns using their songs — and it only continues to grow. Dozens of artists and bands, from ABBA and Elton John to Rihanna and Paul McCartney, have publicly condemned Donald Trump since 2015 for playing their songs at his events and rallies…

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    Benjamin Leatherman

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