Ikea to pay $46-M to family of toddler killed in dresser accident

WASHINGTON — Ikea has agreed to pay $46 million to the parents of a 2-year-old boy who was killed when a chest of drawers tipped over on him, the family's lawyer said Tuesday.

Jozef Dudek died in May 2017 at his home in California when a Malm model dresser toppled over on him, inflicting neck crushing injuries that caused him to suffocate. That piece of furniture had been recalled a year earlier following a series of similar accidents.

The boy's parents sued the Swedish furniture maker in 2018 on grounds the company failed to take measures to make its products safer and more stable, the law firm Feldman Shepherd said in a statement.

Ikea agreed Monday to pay the family $46 million in what could be the largest child wrongful death settlement ever in the United States, the law firm said.

The same company in 2016 won a $50 million dollar settlement shared out among three families that lost children to similar accidents involving the Malm chest of drawers.

Ikea confirmed the new settlement to AFP.

"We remain committed to working proactively and collaboratively to address this very important home safety issue. Again, we offer our deepest condolences," Ikea said in a statement.

The agreement with the Dudek family also calls for Ikea to do more to reach out to customers who bought Malm pieces or similar products.

Ikea announced the recall of nearly 36 million Malm chests of drawers in North America and 1.6 million in China after 6 children died and another 30 were hurt in the US in accidents involving that piece of furniture.

Agence France-Presse 

Justice served for 57 Maguindanao massacre victims

Maguindanao 2nd District Rep. Esmael "Toto" Mangudadatu celebrates with families of the victims of the Maguindanao massacre after the release of the guilty verdict against most of the accused Ampatuans, as well as dozens of their accessories, at Camp Bagong Diwa in Taguig on Thursday. Five members of the Ampatuan clan were sentenced to reclusion perpetua without parole for the massacre of 57 people in Ampatuan town on November 23, 2009.

source: news.abs-cbn.com

J&J must pay $8B in case over male breast growth side effect: jury

NEW YORK -- Johnson & Johnson must pay $8 billion in punitive damages to a man who previously won $680,000 over his claims that it failed to warn that young men using its antipsychotic drug Risperdal could grow breasts, a Philadelphia jury said on Tuesday.

The Philadelphia Court of Common Pleas jury's verdict in favor of Nicholas Murray came in the first case in which a Pennsylvania jury had been able to consider awarding punitive damages in one of thousands of Risperdal cases pending in the state.

"This jury, as have other juries in other litigations, once again imposed punitive damages on a corporation that valued profits over safety and profits over patients," Murray's lawyers, Tom Kline and Jason Itkin, said in a joint statement. "Johnson & Johnson and (subsidiary) Janssen chose billions over children."

J&J said the award was "grossly disproportionate with the initial compensatory award in this case, and the company is confident it will be overturned." It added that the jury in the case had not been allowed to hear evidence of Risperdal's benefits.

Professor Carl Tobias of the University of Richmond School of Law said he expects the punitive damages to be lowered on appeal, citing a US Supreme Court decision which found that "few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process."

Tobias said the verdict was about sending a message.

"A jury, if it's outrageous enough conduct, will award a big number and let the lawyers and judges work it out," he said.

Tobias added that the verdict could be a sign that J&J will face more large damages awards in other Risperdal cases.

"The kind of evidence in this trial may persuade another jury or judge to do something similar," he said.

Murray, like other male plaintiffs in the mass tort litigation over Risperdal, alleges that he developed breasts after being prescribed the medicine when he was a minor. The US Food and Drug Administration approved the drug in late 1993 for treating schizophrenia and episodes of bipolar mania in adults.

Plaintiffs claim that J&J failed to warn of the risk of gynecomastia, the development of enlarged breasts in males, associated with Risperdal, which they say the company marketed for unapproved uses with children.

In his lawsuit, Murray, now 26, alleged that he developed breasts after his doctors began prescribing him Risperdal off-label in 2003 after a psychologist diagnosed him with autism spectrum disorder. Doctors are allowed to prescribe medicines as they see fit, while companies are only allowed to promote their drugs for approved uses.

A jury in 2015 awarded Murray $1.75 million after finding J&J was negligent in failing to warn of the risk of gynecomastia. A state appeals court upheld the verdict in February 2018 but reduced it to $680,000.

Plaintiffs in the mass tort litigation had been barred from seeking punitive damages since 2014, when a state court judge ruled that the law of New Jersey, which prohibits punitive damages and is J&J's home state, should be applied globally to the cases.

But a Pennsylvania Superior Court ruling in 2018 cleared the way for punitive damages awards, holding that the law of each plaintiff's state should instead apply. 

source: news.abs-cbn.com

'Justice' named Merriam-Webster's 2018 Word of the Year

"Justice" is what most people sought on Merriam-Webster, among the world's most popular dictionaries, as the US publisher named that principle of being fair as the Word of the Year for 2018.

Users looked up the word 74 percent more often than in 2017, said spokeswoman Meghan Lunghi for the website, which claims to be "America's most trusted dictionary."

The surge was prompted by specific uses of the word such as "obstruction of justice," after US President Donald Trump tweeted in August that Attorney General Jeff Sessions should stop Special Counsel Robert Mueller's investigation into Russia's role in the 2016 election, the company said in a statement.

"It's often familiar words for abstract concepts that are among the most looked up words," said Emily Brewster, associate editor for Merriam-Webster, in the statement. 

"When common words like justice are used in contexts that are very specific, technical, or legal, people look them up in the dictionary for the detail and nuance that a definition can provide."

"Justice" joined Dictionary.com's "misinformation" and the Oxford English Dictionary's "toxic" as top words of the year.

Other front-runners for Merriam-Webster's distinction, based on frequency of searches, were "nationalism," "pansexual," "lodestar," "epiphany," "feckless," "laurel," "pissant," "respect," "maverick," and "excelsior."

source: news.abs-cbn.com

Marijuana, abortion, greyhounds: the local issues on US midterm ballots

WASHINGTON - In addition to choosing members of Congress and state governors, Americans also cast ballots on a slew of local initiatives in the midterm elections, including the legalization of recreational marijuana, limits on abortions and banning greyhound racing.

MARIJUANA 

Michigan became the 10th state to legalize recreational marijuana, and in the future residents will be able to grow up to 12 plants for their own personal use. A 10-percent tax was imposed on marijuana sales, with the revenue to be used to fund local councils, education and transport.

Missouri and Utah each legalized medical marijuana, which will carry a tax of four percent, with the funds earmarked to support health care for veterans.

ABORTION 

Voters in Alabama and West Virginia approved amendments aimed at limiting future access to abortion. 

The Alabama amendment aimed to "support the sanctity of unborn life and the rights of unborn children, most importantly the right to life in all manners."

The text of the proposal stated that "this state does not protect the right to abortion or require the funding of abortion." The state makes no exception for abortions in cases where the pregnancy results from incest, rape or where the mother's life is in danger.

Women's rights advocates fear the measures could lead to a challenge to the landmark Roe vs Wade Supreme Court ruling of 1973, especially at a time when appointments by President Donald Trump have swung the court far to the right.

JUSTICE 

Louisiana scrapped a law dating back to its segregated past that allowed non-unanimous decisions in juries deliberating in felony trials.

The law, from 1898, allowed a jury to convict a person of felony by only 10 out of 12 jury votes, a move designed to negate the influence of black jury members who were allowed by the 14th Amendment after the Civil War to serve on juries. Its stated aim was to "perpetuate the supremacy of the Anglo-Saxon race in Louisiana."

Oregon is the only other state that does not require a unanimous jury decision in felony cases, except for murder.

Florida pass an initiative to restore voting rights to convicted felons who have served their sentence, except for those convicted of sex crimes or murder. 

That will give an estimated 1.5 million people the right to cast ballots in a key swing state in presidential elections.

Colorado also voted to remove the word "slavery" from its statute books as a punishment for crime. The western state's constitution had until Tuesday's vote stated that "there shall never be in this state either slavery or involuntary servitude, except as a punishment for crime."

MINIMUM WAGE 

Missouri approved raising the minimum wage from $7.83 dollars an hour to $12 dollars by 2023. In Arkansas, it will go up from $8.50 to $11 an hour by 2021.

THE TEN COMMANDMENTS 

Alabama voted to allow the display of the biblical Ten Commandments in public buildings and schools.

ENVIRONMENT 


Nevada backed a measure calling for public electricity providers to increase the amount of power generated from renewable sources from 20 percent to 50 percent by 2030.

Under the western state's regulations, however, the proposal has to be approved again in a second election, in 2020, to become law. 

Florida banned offshore drilling in waters belonging to the state and also forbade vaping in the workplace.

ANIMAL RIGHTS 

In Florida, 69 percent of voters supported a ban on greyhound racing to come into effect by 2020, backing animal rights activists who denounce the sport as cruel.

Florida has 12 of the United States' 18 dog tracks, while 40 US states ban betting on greyhound races. 

California passed an initiative requiring all eggs in the state to come from cage-free hens by 2022, while setting minimum cage size requirements for pigs and calves raised for veal.

Alaskans however rejected a ballot measure increasing protections for wild salmon and their habitat, that would have tightened the permitting process for oil developments, mines and dams.

TECH TAX FOR THE HOMELESS 


San Francisco voters backed a tax on the city's wealthiest companies to tackle homelessness, passing a measure that divided the tech community.

A tally posted Wednesday showed that 60 percent of voters in the city that is home to Airbnb, Uber, Salesforce, and Twitter cast ballots in favor of "Proposition C," a local ballot measure brought about by a 28,000 signature petition this summer.

Designed to rake in $250 to $300 million in taxes per year, the Robin Hood-esque measure is intended to fund housing for 5,000 people and finance mental health and housing aid services, according to its backers.

Generally, San Francisco's tech bosses -- including Twitter chief Jack Dorsey and Patrick Collison of payment start-up Stripe -- resisted the proposal.

But billionaire Marc Benioff, head of cloud computing firm Salesforce, pumped millions of dollars into the "Yes On C" campaign.

source: news.abs-cbn.com

'Justice for Kian'

Citizens cry for justice over the death of 17-year-old Kian Loyd Delos Santos, during a protest at the EDSA People Power Monument in Quezon City on Monday. Human rights groups have criticized the Duterte administration for the conduct of the government’s campaign against illegal drugs, which allegedly resulted in death of people like Delos Santos, who was shot dead during a police raid in Caloocan City last August 16.

source: news.abs-cbn.com

Pistorius jailed for 6 years for murder of girlfriend

PRETORIA -- South African Paralympic gold medallist Oscar Pistorius was sent to prison for six years on Wednesday for the 2013 murder of his girlfriend, Reeva Steenkamp, the latest twist in a trial that has gripped the world.

The state and large sections of the South African public had called for him to receive no less than the prescribed minimum 15-year sentence for murder, saying Pistorius had shown no remorse for the killing.

Judge Thokozile Masipa disagreed, accepting the defense's arguments for a lesser punishment.

"Public opinion may be loud and persistent but it can play no role in the decision of this court," Masipa said. "I am of the view that a long term in prison will not serve justice."

It was not clear whether the state would appeal the verdict.

Dressed in a dark suit, the 29-year-old stared straight ahead as Masipa read out the sentence.

Pistorius was found guilty of murdering Steenkamp by an appeals court last December. He had initially received a five-year sentence for a manslaughter conviction in 2014 handed down by Masipa, a ruling derided by women's groups as too lenient.

In her ruling on Wednesday, Masipa said that although the Steenkamp family had suffered great loss, Pistorius' life and career was also in ruins.

"The life of the accused shall also never be the same. He is a fallen hero and can never be at peace," she said.

The athlete had the lower part of his legs amputated when he was a baby and his lawyers argued that his disability and mental stress should be considered as mitigating circumstances to reduce his sentence.

Pistorius was freed from prison last October after almost a year behind bars to serve out the remainder of his five-year term under house arrest at his uncle's house in a wealthy suburb of the capital.

Some rights groups have said Pistorius, a wealthy white man and international celebrity, has received preferential treatment compared to others without his status or wealth.

He argued that he fired four shots into the door of a toilet cubicle at his luxury Pretoria home in the mistaken belief that an intruder was hiding behind it.

Members of the Women's League of the ruling African National Congress (ANCWL), who have attended the trial in support of the murdered Steenkamp, said the sentence handed down by Masipa was not sufficient.

"First five years, now six years? She is an embarrassment to the justice system," ANCWL spokeswoman Jacqueline Mofokeng said of Masipa. "It is an insult to women in this country."

Outside the court, a group of people held up placards backing the athlete. One read: "Give Oscar his freedom back please."

Steenkamp's father Barry, who said during sentencing hearings that Pistorius must pay for his crime, declined to comment on the prospects for an appeal.

"We'll leave that to the state," he told reporters.

source: www.abs-cbnnews.com

Policeman who shot dead Ferguson teenager resigns

FERGUSON - The white policeman who shot dead an unarmed black teenager in the St Louis suburb of Ferguson has resigned, but it failed to deter angry protesters demanding justice and reform.

Darren Wilson left the force citing fears for the safety of local residents and fellow police officers, according to a letter published by local media Saturday. Wilson wrote in his letter that "it is my hope that my resignation will allow the community to heal."

A grand jury decision on Monday not to charge Wilson in connection with the August 9 shooting death of 18-year-old Michael Brown touched off days of sporadic violence in Ferguson as well as demonstrations in several major cities across the United States.

The decision revived long-standing questions about how police, especially white officers, interact with African Americans -- questions raised again after last week's shooting in Cleveland of 12-year-old Tamir Rice.

"It was my hope to continue in police work, but the safety of other police officers and the community are of paramount importance to me," the letter from the 28-year-old Wilson said.

Dozens of demonstrators again gathered outside Ferguson police station despite his decision to quit, with protesters setting fire to a US flag and jeering at police officers.

One man, who gave his name as "Kenny," said: "I'm mad as hell. Every night we're going to be here."

There was also a brief standoff outside a bar between demonstrators and riot police before organizers moved protesters along.



- Justice march -

Earlier Saturday, a core group of about 100 marchers, many from other US states, set out on a 120-mile (192-kilometer) "Journey for Justice," heading from Ferguson -- a mainly black suburb -- to the Missouri state capital Jefferson City.

The marchers, organized by the National Association for the Advancement of Colored People (NAACP), are demanding the sacking of the Ferguson police chief, nationwide police reforms and an end to racial profiling.

"We will fight until hell freezes over, and then we will fight on the ice," NAACP president Cornell William Brooks told supporters at Washington Metropolitan A.M.E. Zion Church before setting out.

"What we're endeavoring to do here is seek justice for a grieving family as well as systemic, fundamental reform in terms of policing for an outraged community.

"When you have a 12-year-old child who is killed with a toy gun in his hand, there is something fundamentally wrong."

Eugene Gillis, a trumpeter who plays at the nightly protests, said young protesters feel alienated and reject the older generation of activists molded by slain civil rights leader Martin Luther King, Jr.

"Most of these young people say these people are out here for photo ops and that's what aggravates the issue," Gillis told AFP.

Brooks, dressed in neat jeans and a sweater, prayed and fell to his knees in reflection at Brown's memorial while surrounded by a media scrum.

Mobbed by TV cameras, he then led the march in one direction before turning around and heading back the opposite way, marching into West Florissant Avenue, where some of the worst looting and arson took place after Monday's announcement that Wilson will not be charged.



- Washington 'die-in' -

Outside Ferguson, others rallied in Brown's memory and called for change.

Hundreds of people demonstrated in and around the US capital Washington, including some who laid on the ground for several minutes in a "die-in" at a shopping mall near the Pentagon.

The NAACP wants police to use body cameras, changes to the system of equipping police with military hardware, a promotion of diversity on the force and an end to the use of major force in cases involving minor offenses.

Adrian West, a technology trainer, waited nearly two hours for the marchers to show up late, potentially missing a memorial service for a friend killed in a fight.

But he still expressed support, hopeful that nationwide protests would yet bring change.

"I think this is enough to get the federal government's attention, strong enough to make them listen, and it's quite possible Darren Wilson could end up getting indicted by the federal government."

A federal probe into whether Wilson violated Brown's civil rights is ongoing.

source: www.abs-cbnnews.com

US protesters force closure of mall near Ferguson

US protesters forced a crowded St Louis mall to close for around two hours on Friday, demanding a boycott to post-Thanksgiving shopping and justice for an unarmed black teenager killed by police.

Scores of demonstrators, including young children, shouted "No justice, no peace," and "Stop shopping and join the movement" at the St Louis Galleria Mall.

Around 100 people lay on the floor for four and a half minutes to symbolize the more than four hours that 18-year-old Michael Brown lay in the road after being shot dead by a white police officer in the St Louis suburb of Ferguson.

In New York, police made "several" arrests at a protest in front of Macy's flagship store in Herald Square, a spokesman said, without explaining why the demonstrators had been detained.

About 200 people gathered in support of the boycott of "Black Friday", which comes the day after America's Thanksgiving holiday and sees stores offering steep discounts, leading to often-frenzied consumer spending.

In the San Francisco Bay area, protestors severely disrupted the BART mass transit system for more than two hours by blocking off a train station in Oakland, officials said.

The protestors chained themselves together at the West Oakland station, forcing trains to be stopped into and out of San Francisco, briefly stranding crowds including many heading to malls seeking Black Friday bargains.

The protests came four days after a Missouri grand jury decided not to indict the officer who killed Brown, sparking arson and looting in Ferguson.

At the St Louis mall, shoppers and store staff looked bemused, while others filmed or photographed the protest, or else clapped and shouted their support.

When police officers told AFP they were clearing the building, the protesters had already left.

The management office confirmed that the shopping center reopened at 3:15 pm, around two hours after stores were told police were closing the building.

Although most shops reopened, others kept their doors locked and shutters down even after the mall was back in business.

It was not immediately clear how much business had been lost.

Shop staff said police had ordered the closure for public safety.

"It ain't my decision," said Luke, a shoe store manager who didn't want to give his last name.

"The police thought it was in the best interest of our customers and our product to close down," he added.

Protesters claimed success.

"It is now a movement and it is spreading across the country and around the world. Black Friday is the next step," said journalist and activist Kymone Freeman from Washington.

"Hopefully we'll see more of this. I think Black Friday protests will continue throughout the Christmas season," he added.

source: www.abs-cbnnews.com

'True, complete justice for all'

MANILA, Philippines - Reiterating that there must be justice first before reconciliation, President Aquino gave his “marching orders” to Justice Secretary Leila de Lima yesterday to “begin the process of providing true and complete justice for all.”

The President also announced that former chief justice Hilario Davide Jr. had agreed to head an independent Truth Commission tasked to investigate the unresolved anomalies of the Arroyo administration, particularly the botched $329-million broadband deal with China’s ZTE Corp.

De Lima was head of the Commission on Human Rights
before her appointment to the Department of Justice.

“We are pleased to share with you Davide’s acceptance of the challenge to form and lead a Truth Commission that would shed light on unresolved controversies,” Aquino said in Filipino in his 23-minute inaugural speech.

“Whoever commits misdeeds should face justice. We cannot continue having a system without accountability,” Aquino continued.

“To those who are talking about reconciliation, if they mean that they would like us to simply forget about the wrongs that they have committed in the past, we have this to say: There can be no reconciliation without justice,” he said.

“To those who have wronged me, I can forgive you and I have forgiven you already. To those who have wronged the people, I have no right to forget your transgressions. Turning a blind eye on misdeeds will breed more misdeeds),” he said to loud and long applause.

Vow of impartiality

Davide vowed to accomplish his job as Truth Commission head with objectivity and impartiality despite being the one who swore in Mrs. Arroyo as president in 2001.

“There is no such thing as loyalty to a party or to a person. It’s only loyalty to the institution,” Davide said in a brief interview.

“The nature of the work assigned to you will define exactly how you do it,” he said.

“He (Aquino) really believes that I can do something. I could really be very impartial and objective,” Davide said.

President Aquino wants the Truth Commission to be “collators of data, evidence, proof as to who committed what and what transgression of our laws was committed.”

It was Mr. Aquino’s mother who appointed Davide to the Supreme Court on Jan. 24, 1991.

In January 2006, he was Mrs. Arroyo’s senior presidential adviser on electoral reforms before his appointment as ambassador and permanent representative of the Philippines to the United Nations in New York City in February 2007.

He was elected vice chairman of the UN’s Economic and Social Council. He resigned last April 1 ostensibly to help in his son’s campaign for Cebu governor. His son lost the election.

Help from DOJ

The DOJ and the National Bureau of Investigation (NBI) are ready to extend help to the Truth Commission.

“It would be up to former chief justice Davide. The government will provide him with whatever he needs,” presidential spokesman Edwin Lacierda told reporters in his first press briefing yesterday afternoon.

De Lima said DOJ prosecutors or NBI agents would be on hand to provide the former chief magistrate all the support he would need.

A memorandum order creating the Truth Commission is forthcoming, said Lacierda.

Lacierda also defended President Aquino’s appointment of Davide.

“The fact that President Aquino appointed him means that he believes in the integrity and impartiality of the former chief justice,” the spokesman stressed.

De Lima made the same pitch. “What is important is that there is already a commission.”

With regard to the possibility that Mrs. Arroyo, who is now a congresswoman representing the second district of Pampanga, would be investigated and charged, De Lima replied: “She has to answer the charges, and of course, due process will be followed.”

Wrong choice

Former President Joseph Estrada, meanwhile, said Davide was the wrong man to head the Truth Commission.

In an interview with radio station dzBB, Estrada said Davide might show bias for Mrs. Arroyo because it was she who appointed him to the UN.

“I disagree with one of his appointments, the appointment of Justice Davide. I think he is the wrong man for the post because he was responsible for placing GMA to power. He will be biased because having been appointed as UN ambassador was his great debt of gratitude to GMA,” Estrada said.

Estrada said Davide was also among those responsible for his ouster in 2001.

Vice President Jejomar Binay voiced his wish for Davide’s success. “God bless him. All the best,” Binay said. With Edu Punay and Jose Rodel Clapano


Source: Delon Porcalla (The Philippine Star)