Petition Tag - lawsuit

1. Cymbalta Ban

Cymbalta arrived in 2004 to much fan fare and hype. Originally prescribed for those suffering from 'Depression' and 'Anxiety', it is now prescribed for numerous ailments in the relief of pain and incontinence.

Even during clinical trials, Cymbalta made 'sane' people commit suicide or attempt to do so. Cymbalta has left a legacy of broken hearts, lives and families in its wake.

In 2009, Cymbalta was estimated to have earned its manufacturer - Eli Lilly & Co (the 'manufacturer') - around 3 billion dollars.

Cymbalta has other 'side effects' reported such as serious liver damage and unknown withdrawal symptoms. Many people are reporting horrific times and debilitating health issues with withdrawing from this drug and in October 2012, a law firm filed a nation wide class action lawsuit in the USA against the manufacturer. The suit pertains to the manufacturer not warning consumers of withdrawal effects of Cymbalta.

This drug needs to be banned and with your support I am confident this can happen.

2. Extend statute of limitations for injured cruise passengers

I was injured on a cruise in Nov 2010. I was in a coma for two months and suffered a stroke that impaired my vision. I am unable to return to work at this time. The cruise line promised to pay my medical and reimburse lost wages and expenses. When it became clear that this would not happen I began to pursue legal action.

After being turned down by multiple personal injury lawyers I became aware that I needed a maritime lawyer. Upon consulting one I was informed of the one year statute of limitations for suing a cruise line. I had missed the deadline by a matter of days. As a result I am unable to gain compensation for my injuries caused by the negligence of the ship's doctor.

3. Make it against the law to steal vacation deposits in Tennessee

This is a petition to make Vacation Lodging Service (VLS) licensed rental companies in Tennessee be responsible for refunding the guest when a reservation is cancelled (through no fault of the guest).

Amend or remove TCA 62-13-104 (b)(3),(D)(i)!

Links to a few of the reports of the current law's many failings (will open in a new tab):


http://hammerandafeather.blogspot.com/2010/02/who-knew-not-cooperating-costs-lot-less.html



http://www.wearsvalleyhomes.com/buyers/new-homes/Sleepy-Bear-Cabin-Rentals-Cove-Mountain.pdf



http://hammerandafeather.blogspot.com/2009/03/company-b-was-b-for-bad.html



http://www.themountainpress.com/view/full_story/8090303/article--Abrupt-closing-of-cabin-rental-company-creates-concern-?instance=homesecondleft



http://www.wate.com/story/12747593/investigation-follows-abrupt-closing-of-gatlinburg-cabin-rental-company?clienttype=printable&redirected=true



http://sniitch.com/listsniitches/company/fontaine_cabin_rentals/



http://themountainpress.com/view/full_story/13379837/article--Cabin-firm-closes-doors--co-owners-face-lawsuit-?instance=most_recommended



http://www.tennessean.com/article/20110530/NEWS/305300004/Cabin-rental-agency-closes-Smokies
(This article has been removed from the Tennessean!)


http://www.wbir.com/news/local/story.aspx?storyid=170233



http://www.wate.com/story/14680348/smokies-cabin-rental-company-closes-abruptly-customers-upset



http://blog.cabinconnection.com/2011/05/20/customers-out-of-luck-when-cabin-company-closes/



http://hammerandafeather.blogspot.com/2010/01/harvesting-fruit-from-money-tree.html


Here is a link to the statute:


http://www.lawserver.com/law/state/tennessee/tn-code/tennessee_code_62-13-104


Here is the text of the offensive item:

(D) (i) No funds shall be distributed from the escrow/trustee account until the customer's stay is complete, unless the distribution is in accordance with terms disclosed to the renter in writing at the time of making the reservation or within a reasonable time thereafter not to exceed three (3) days, mailed to the renter through the United States postal service or transmitted to the renter via electronic mail, facsimile or other tangible form of communication. Commissions earned by the firm and the revenue due owners shall be disbursed at least monthly. Funds held in escrow shall be disbursed in a prompt manner without unreasonable delay.

Here is what it looks like in a Guest Agreement:

Pursuant to the provisions of the Tennessee Code Annotated, Title 47, Chapter 18 and Title 62, Chapter 13, Section 62-13-104 (B) (3), Subdivision (D)(i), [rental company name] discloses the following policy as of June 4, 2003: "All advance rent deposits, damage deposits and balance of rent due are deposited into a bank escrow clearing account. These deposits are considered income to [rental company name], upon receipt and may be used immediately. Any refund considerations are expensed from the general books of [rental company name], on a case by case basis."

4. Stop Hornes Lawsuit against Arizona Marijuana Law

In November of 2010 proposition 203 was passed by the citizens of Arizona with a percentage of 51% voting YES on the legalization of Medical Marijuana in the state. Since then there has been thousands of people across the state who have spent their money on medical tests, and procuring the special licenses from the Arizona health department in order to cultivate their own plants or buy from dispensaries when they are finally set up.

Now Arizona attorney General Tom Horne has begun a lawsuit to end the legalization of Medical Marijuana that was already passed by the voters. If YOU are tired of the Politicians believing that YOUR opinion doesn't matter and YOU believe in equal rights and believe that Marijuana can be used medicinally, PLEASE sign this petition and STOP Tom Hornes' interference in a matter that was VOTED on by us, the citizens of Arizona!

5. Professional peers should serve as jury in professional law suites

In civil lawsuits that involve malpractice, defendants need to be judged by professionals that have been board certified in their respective field.

Malpractice lawsuits are complex and require a high degree of education on the respective topic to fully understand the implication of the case.

With these complex cases and language lack of complete understanding will not be a fair trial.

6. Impose Fines For Filing Frivolous Lawsuits

It has come to the point in this country that, every time you turn around, you here somone say "I'm going to sue" or "You can probably sue them for that" or some other similar comment. We have become a society where people "look" for anything that they caould sue someone for, and probably win.

Sueing because you spilled your coffee, or because you can smell someones cigarette, or because the neighbors kid bothers you when they play basketball in the driveway. These are absolutely ridiculous reasons for anyone to be able to sue in court. These types of lawsuits are making a mockery of our judicial system, and quite often, are awarding people for their own negligence.

It is time to make people grow up and take responsibility for their own actions rather than imposing that responsibility on others.

7. We ask for an investigation to open Allen Vanguard books

A large group of Allen-Vanguard shareholders are voicing their concern over the sale and dubious business practices of the company’s Management.

On Sept 12 2009 (a Saturday) Allen-Vanguard Management announced that the company was sold to a foreign Firm and that “All shares, options, restricted stock, warrants and other securities in Allen-Vanguard and any related rights will be canceled on closing of the transaction, with no consideration paid to holders.”

Many unorthodox facts come to light since then, some are wrong in our opinion. We seek more support to ask Justice Minister Rob Nicholson to order an investigation into this matter to fully vet Upper Management role, actions and intentions prior and during the “Exclusive” sale process.

Allen Vanguard Management over inflated the company’s impairment charges by 550 million dollars in less than one year. That amount translates to roughly $4.33 per share.

Allen Vanguard Management in effect dealt away 80% of the company’s main assets in less than a year without independent valuation by an unrelated 3rd party.

An independent third party evaluation will price assets, not only on their current value but on future earnings potential as well.

Allen-Vanguard CEO, David Luxton argues that it is in the best interest of the company to allow this transaction to complete based on "expert" asset valuations. He will be discounting shareholders arguments as wanting to see an Allen-Vanguard "Scorched Earth" due to our losses, and disregard our submissions. Yet most of us have resigned ourselves to that possibility.

Our concern now is more important than this loss of funds, we will also lose faith in the fairness and ethics of the public equity markets and never invest in companies who need our trust and funds in order to thrive.

Allen Vanguard Management deal sells the corporation to an American investment firm. They did so by negotiating with a single Party behind closed doors, exclusively without properly announcing various material changes for over 6 months. During this period Allen Vanguard Management were aggressively writing down assets setting this transaction up. Now They claim the deal doesn't cover liabilities, therefore they have canceled the shares “with no consideration paid to holders”.

Many of us, small investors, have invested in Allen-Vanguard because we relied on our faith in proper Corporate Governance and press releases claiming that although business was a going concern, sales were being achieved and new clients secured. No statements were ever made that would raised any alarm or concern in our minds.

When a similar deal (the Tailwind financing) fell apart, a press release advised that the company entered into "exclusive negotiations" for a three week period of Due Diligence with another party and that shareholder approval would eventually be sought. Six months later, on a Saturday they issue a press release stating that the deal is done and shares were canceled.

This company has benefited from large sums of Canadian tax payer R&D money to develop its products, and now those assets are essentially being given away to a Foreign firm at a fraction of their true value. Should CFO Peter Allen's numbers be accepted 'as-is', Canadian Taxpayers would get cheated out of potential millions in taxes in a private sale to a US buyer.

Furthermore, the official document of the transaction was heavily redacted before being posted on SEDAR. Many details of the deal are omitted and Schedule A is completely missing.

Peter Allen EDC’s former CFO, was hired by Allen-Vanguard less than one week after signing an “arduous financing deal” with RBC. Peter Allen asked EDC for new financing only AFTER the foreign investor needed acquisition funds.

Claims that the foreign investor is putting up capital can’t be verified, as it seems that between EDC and the rest of the lenders – no new capital is required (unless the foreign investor signing the EDC loan is considered as “capital”). Such a company with valuable assets and potential future earnings should not be sold to a US buyer when the buyer doesn’t even put $1.00 cash into the deal and no consideration is paid to holders.

The deal also contains a "Back-door" permitting Allen-Vanguard to Buy-back the US investor within a 12-18 months at cost plus a small premium. So everything will go back to “normal” except that the company (if no new IPOs are offered) will be private and shareholders would have lost their investment.

Allen-Vanguard Management is seeking to bypass bankruptcy laws to avoid proper public disclosure. Such disclosure will reveal, among other things, the severe lack of Due Diligence that led to the inappropriate valuations and the acquisition of a competitor firm Med-Eng, which is one of the main reason why the Company’s finances were over stretched. David Luxton received significant bonus compensation for consummating the purchase of Med-Eng. A lawsuit currently hinges on this particular transaction.

8. In support of a cooperative agreement with Autrey Mill Nature Preserve Assoc.

The Autrey Mill Nature Preserve and Heritage Center, is a unique facility in the bustling City of Johns Creek GA. It features 46 acres of forest, woodland trails, winding creek, heritage gardens, historic buildings, and animal exhibits.

The beautiful Autrey Mill of today was built over a 20-year period under the leadership of the non-profit Autrey Mill Nature Preserve Association (AMNP) Board and its talented staff, with the vital help of generous public and private supporters, and by harnessing the indispensable work of volunteers.

With the stability provided by a 30-year lease agreement (originally with Fulton County and now with the City of Johns Creek) AMNP has been able to conduct long-range planning; receive major grants; undertake larger, multi-year projects; and accept donations of heirlooms and important historic items. Operating under this lease, the AMNP Board has provided responsible stewardship of the land and continually made improvements.

On March 11, 2009, the City of Johns Creek took the extraordinary step of suing the AMNP non-profit corporation operated by community volunteers. In its lawsuit the City seeks to invalidate the 30-year lease and seeks control over the historic items that have been donated to AMNP over the years.

9. New Line should honour their contract with the Tolkien Estate

New Line Cinema has made billions from JRR Tolkien's The Lord of the Rings saga. They've given NONE of that back to Tolkien's family - as per his wishes.

They signed a contract to give 7.5% of the gross to the The Tolkien Trust (and others) before the films were made - and all they've had so far is the upfront payment!

Recently it came to light that even after years of behind-the-scenes negotiations New Line had not paid so much as a penny of this owed money, were in breach of the contract - and yet still seek to make money off Tolkien's works (The Hobbit).

When folk were producing unlicensed books, Tolkien's fans stood up and were counted.

Will Tolkien's fans sit by and watch the Tolkien Trust be cheated out of its rightful money?

10. Ban Non-Compete Agreements in Massachusetts

We the people and workers of Massachusetts believe we should have the right to work for whom and where we want and should not be limited by our employers.

Some employers are restricting employees in which employers they can work for by requiring employees to sign Non-Compete Agreements and/or clauses therefor Violating our Right to to be employed in most experianced line of work.

11. Reverse Greenberg Now

1. At the time we received the class notice, (July, 2005) we were not informed and were not aware we had unpaid wages; not by Class Counsel, the Defendants, the Superior Court, the Class Notice or the Settlement Agreement.

2. Now, we clearly understand we have unpaid, due wages that are owed to us by the Defendants. For many, these unpaid wages amount to thousands of dollars per class member. The penalties, damages and fines created by Defendants failure to pay these wages, in many instances, amounts to several million dollars per class member.

UNION CLASS MEMBERS:
a. Overtime under the Fair Labor Standards Act.
b. Wages under CLC §226.7-(Meal Delay Payments)
c. Overtime on State Meal Delay Payments.
d. Other unpaid wages at www.reversegreenberg.com

NON-UNION CLASS MEMBERS
a. Overtime under the Fair Labor Standards Act.
b. Wages under CLC §226.7 (Meal Delay Payments)
c. Overtime on State Meal Delay Payments.
d. Other wages outlined at www.reversegreenberg.com

3. The settlement relieves Defendants from the legal obligation to pay our unpaid wages. The settlement forever bars us from collecting these unpaid wages if we also happen to claim they are “late.” This is of course absurd! If the wages are past due AND unpaid, how could they be anything but late? This settlement is a sham. It was designed exclusively to help the Defendants evade paying our wages, as well as the liability for failing to pay them.

4. This settlement undermines the purpose of the California wage statutes: to secure prompt payment of our earned and due wages. This is an unfair and deceitful tactic by the Defendants to willfully avoid paying us our unpaid due wages through obfuscation and diversion. If successful in their attempts, they will render the concept of due dates and wages meaningless for motion picture employees.

5. The Defendants were well aware of the existence of our unpaid wages and their obligations to pay them. If they weren’t, they should have been. Many of these Defendants are the largest, most sophisticated media conglomerates in the world.

6. During the entire lawsuit, the existence and status of our unpaid wages was never brought before the Superior Court. This despite 5 years of litigation, the production of over 200,000 pages of documents, the involvement 900 Defendants, and the participation of two Superior Court Judges. We don’t think it is fair our unpaid wages were completely ignored during the litigation only to have them released during settlement, regardless of what label is attached to them. (late, underpayment, non-payment, etc.)

7. We understood the Class Notice addressed wage payments that were paid in full but paid late. But, we DID NOT understand the settlement applied to those of us who still had unpaid wages. Our silence did not and does not equal support. We never would have agreed to this settlement if we knew we had unpaid due wages and if we knew this settlement would be used to prevent us from collecting those wages.

8. So, if the settlement releases our unpaid wages and/or how we choose to enforce their payment, why were these wages never addressed in this lawsuit? We think Class Counsel bears this responsibility.

9. When Class Counsel chose to file this lawsuit and bind us to its class action terms, they had (and still have) a responsibility to vigorously represent and protect all of our interests and claims that might reasonably be affected by this lawsuit. If Class Counsel wanted to release our unpaid wage claims, they could and should have been aware we had unpaid wages in the first place. We don’t think releasing our unpaid wages was in our best interest, but, at a minimum, before they released ANYTHING on our behalf, Class Counsel had an obligation to ensure that our unpaid wages were paid.

10. Class Counsel breached their duty to properly represent us. Class Counsel had no authority to represent, let alone release our FLSA claims as there was never an FLSA cause of action. If we hired them to sell our car, we certainly wouldn’t expect them sell our house too.

11. Currently, there are no published California Appellate opinions regarding application of California Labor Code §206 & §206.5 to large class action wage and hour disputes. In the event you decline to reverse this Superior Court decision, we will request that the Appellant petition the Court for a rehearing, and if necessary, petition the Supreme Court for a grant of review. We believe the California Supreme Court would welcome the opportunity to clarify the rights of employees under Labor Codes §206 and §206.5, especially in the context of a class action lawsuit.

12. Fight against the antitrust NFL monopoly

In 2004 there was a very high profile lawsuit against the NFL filed by Maurice Clarett, an Ohio State football player, who wanted to participate in the NFL draft even though he was still a sophomore in college.

This dramatic lawsuit brought national attention to the issue of NFL eligibility. Clearly, the restrictions on eligibility deny people their rights to choose a profession they want to pursue. As a result of these restrictions, athletes should be able to enter the NFL draft immediately after graduating high school.

The Maurice Clarett lawsuit is an example of the problems that can result in restrictions on NFL draft eligibility. In his case, he argued that antitrust laws were broken as the NFL has a monopoly on professional football. And he further argue that he, as a professional seeking to begin a career, was restricted and had no alternative companies for which to work. This concept of the NFL monopoly also is a violation of American free market beliefs wherein one is free to pursue the career they choose.

The NFL is the only league for professional football players and, as players are successful at young ages, they should be able to become professionals as soon as they want.
Like all monopolies, the NFL will continue to dominate the market and will take advantage of athletes, their contracts and the way they are regulated. Prices will be unfair and competition will be unbalanced because of the restrictions to age. This will be an industry not regulated by free market practices but by one dominant monopoly which seeks to make as much profit as possible.

The problem is that young talented athletes may lose precious years of their careers to these regulations. Furthermore, the competitiveness of the market will be distorted because the best young athletes will not be allowed into the game. This violates antitrust laws in egregious ways.

13. Congress: Stop the RIAA's lawsuits against our children.

The RIAA is targeting lawsuits against our children, the poor, and the weak. It is targeting people who are technically unable to defend against the very downloading drug the RIAA sought for years to promote. The RIAA hooked our children, and now it is suing our children for accepting what it did to them. The RIAA warned the federal government and big business, to "stop downloading music," but it did not warn the rest of us. Why? Because it knew it could not win in any lawsuits against the federal government or big business, but it could certainly outspend any individual and bring them to their knees.

14. Remove Asst. Principal Radcliff from his job NOW

Recently Asst. Principal has become a party to a federal lawsuit involving allegations of child molestation. He has also in the past been accused by students of inappropriate behavior during his tenure at MBHS as Assistant Principal. If you believe that he needs to be removed from his job please sign this petition.

15. Help Free Speaker from being Imprisoned in BC, Canada

I am a advocate for human rights. I'm posting this petition to help a freedom fighter who is about to be imprisoned for exercising his freedom to speak. This is his story

An Appeal from A Soon-To-Be Prisoner of Conscience in British Columbia, Canada
by Rev. Kevin Annett.

Secretary, The Truth Commission into Genocide in Canada website: http://canadiangenocide.nativeweb.org

I am writing this personal appeal to the world because by August, I may be incarcerated in prison for having exercised my God-given and constitutionally protected freedom of speech in Canada.

In my work as an advocate and fighter for the rights of aboriginal people, I have discovered that an American conglomerate known as NAWAPA - The North
American Water and Power Alliance - is coveting the lands of native people in central British Columbia, with the assistance of corrupt and violent native
politicians and the government of Canada.

NAWAPA plans to dam and divert three major river systems in our province into the United States through a massive water reservoir known as the Rocky Mountain Trench.
(see website: http://www.sd83.bc.ca/vanj-home.html)

As a result, the lands of thousands of indigenous people in north-central British Columbia will be flooded and their way of life destroyed forever.

Some of the most powerful native politicians in this region are dispossessing their own people from their lands to pave the way for the NAWAPA project. According to eyewitnesses Frank Martin and Helen
Michel of the Dene-Carrier nation, chiefs of the Carrier - Sekani Tribal Council in Prince George, BC
have employed violence, extortion, and even murder to secure trap lines and other lands from their own people.

According to Frank and Helen, and other Tribal Council activists, these chiefs are also implicated in criminal actions like drug trafficking, prostitution,
and the exploitation of children in organized pedophile rings in the Prince George-Moricetown area. These allegations have been substantiated by
journalists, lawyers, and sources within the Carrier-Sekani Tribal Council.

Two weeks ago, one of these accused chiefs, Ed John, commenced a lawsuit against Frank and Helen, myself,
and other critics, to permanently silence and incarcerate us if we persist in our investigation of
crimes against aboriginal people in his territory.

The law firm handling Ed John's case - Blake, Cassells and Graydon of Vancouver - is closely tied to
the government of Canada through its head, Marvin Storrow, who is a close friend and confident of Prime
Minister Jean Chretien.

Chretien has not only recently been cited at the International Criminal Court in The Hague for complicity in Genocide of native people in Canada, but
his government, like Chief Ed John, is committed to the NAWAPA project through its obligations under the NAFTA agreement with the USA.

There can be no clearer case than this one of a modern state employing puppet indigenous leaders to dispossess entire peoples in the interests of foreign
multinational corporations. Nor can there be a more obvious example of a government attacking and silencing dissidents than what myself and native
activists like Frank and Helen are presently up against.

Besides this lawsuit, we are experiencing regular death threats, physical assaults, and other
harrassment designed to isolate and break us.

We need all persons of conscience to rally now to our defense, and to the aboriginal people of central
British Columbia.

We ask that you do the following:

1. Alert Amnesty International and other human rights groups about our case and the ongoing Genocide of
native peoples in Canada, and ask them to adopt us as prisoners of conscience.

2. Contact the government of Canada, and Prime Minister Jean Chretien, and demand that their covert harrassment of opponents of NAWAPA and Ed John cease.

3. Contact Marvin Storrow, Q.C., at Blake, Cassells and Graydon in Vancouver, BC, and demand that this
firm halt their lawsuit (#S012186) and campaign of harrassment of myself and other critics of Chief Ed
John. (They can be contacted at this e-mail: joanne.lysyk@blakes.com).

4. Acquaint yourself with the past and present legal Genocide of native peoples in our country by accessing
and sharing the documented proof of these crimes at the website of our Truth Commission:

http://canadiangenocide.nativeweb.org

5. Contribute to a Legal Defense Fund which is being established for us through the Truth Commission into
Genocide in Canada and other agencies.

6. Contact me directly at the e-mail below for further ideas and assistance.

I wish to thank you for your consideration, and ask for your prayers; not only for myself and my family, but for all of the aboriginal people of our land who face overwhelming odds in defense of their land, culture and very lives.

May the Creator and Great Mystery allow us Justice in our time,

Rev. Kevin D. Annett
4 July, 2002
Vancouver, BC, Canada

email: kevinannett@yahoo.ca ph: 604-466-1804