The Klamann Law Firm Files Suit Against the NCAA, Coaches & Helmet Manufacturer in Connection with the Death of Derek Sheely

Derek Sheely, a 22-year-old college fullback at Frostburg State, died six days after collapsing during a practice two years ago.

Sheely had been bleeding from his forehead after a drill in which his coaches encouraged players to lead with their helmets. Sheely collapsed soon after, and never regained consciousness.

The lawsuit, filed on behalf of Derek’s family by Paul D. Anderson of The Klamann Law Firm, together with The Popham Law Firm and the law firm of Humphrey, Farrington & McClain, alleges “utter incompetence, egregious misconduct, false hope and a reckless disregard for player health and safety.”

Paul D. Anderson is dedicated to advocating for the victims of traumatic brain injury. Former players currently suffering from early-onset dementia and other neurodegenerative diseases should seek workers’ compensation, the 88 Plan, and/or Neuro-Cognitive Benefits. If you are a former athlete interested in discussing your rights, you can contact Paul D. Anderson at the Klamann Law Firm.

A copy of the Sheely Complaint can be found by clicking the following link. File-Stamped-Sheely-Complaint-copy.

Additional information can be found by visiting http://nflconcussionlitigation.com.

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Court Certifies Class Action Against United Financial Casualty Company d/b/a Progressive Insurance

An individual insured under a “Missouri Commercial Auto Policy,” issued by Progressive, has sued Progressive claiming that it failed to correctly calculate and pay him the amount due under the policy when it was determined by Progressive, after an accident, that his vehicle was a “total loss.”

After careful review of the pleadings and oral arguments, a Jackson County Circuit Court certified the lawsuit as a class action on behalf of all individual persons, corporations, partnerships, associations and other entities who insured a vehicle during the Class Period, under a “Missouri Commercial Auto Policy,” issued by Progressive, and who suffered a “total loss” of said vehicle, and who recovered from Progressive for such loss an amount that was less than the “Stated Amount” for said vehicle minus any applicable deductible.  Class Certification Order.

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Class Action Lawsuit Filed Against State Farm Mutual Automobile Insurance Co.

A Missouri Plaintiff has filed a Class Action Complaint against State Farm alleging that State Farm wrongfully denied coverage under the Medical Payments provision of its Missouri Policy Form 9825A. The Complaint  alleges that State Farm denied coverage by relying on the Nonduplication clause of the provision without first establishing that the provision applies.

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Lawsuit Filed Against Computer Sciences Corporation

A former employee of Computer Sciences Corporation (“CSC”) has filed a lawsuit on behalf of herself and other similarly situated employees and former employees of CSC for violations of the Fair Labor Standards Act.  CSC, a provider of information technology services, has locations across the globe, including Kansas, and employs thousands of individuals.  Plaintiff alleges that CSC systematically failed to compensate its employees for time spent performing work-related activities.  The lawsuit was filed in the United States District Court for District of Kansas.

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Illinois Court of Appeals to Hear Oral Argument in Lawsuit Against Sanford-Brown College

In December 2010, then-Madison County Circuit Judge Daniel Stack certified a class action against Sanford-Brown College (Collinsville).  Judge Stack certified a class action on claims that Sanford-Brown College violated the Illinois Private Business and Vocational Schools Act and the Illinois Consumer Fraud Act.  Order on Plaintiffs’ Motion for Class Certification. Sanford-Brown College is now fighting the class certification at the Illinois Court of Appeals.

The Court of Appeals is set to hear oral arguments in the case on October 4, 2011.

 

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Occupational diseases are no longer covered exclusively by Missouri’s workers compensation system.

In 64 pages’ worth of majority and dissenting opinions, the Court of Appeals Western District ruled 7-2 that recent changes to state law require only workplace accidents (not occupational diseases) to be handled through the workers’ compensation system. Opinion_WD73462

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