Tag Archives: suing

Business

Man Suing Southwest Airlines Says It Didn’t Refund His Canceled Flight

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  • A man suing Southwest Airlines says the carrier failed to refund passengers after canceling flights.
  • Eric Capdeville said he and his daughter were only given vouchers to use for future flights.
  • Southwest says it will refund tickets to passengers and “reasonable requests” for reimbursements.

Southwest Airlines is being sued by a passenger who is accusing the carrier of failing to refund customers when it canceled more than 15,000 flights during an operational meltdown in December.

Louisiana resident Eric Capdeville — who filed the class action lawsuit on Friday — said in the filing that he and his daughter were only given credit vouchers when their December 27 journey from New Orleans to Portland was canceled.

The complaint, filed in New Orleans federal court and seen by Insider, said the flight being scrapped also cost Capdeville the price of the accommodation he booked in Portland but never got to use. 

Capdeville is seeking damages for himself and other Southwest customers who had their flights canceled since December 24 but did not receive refunds or any reimbursement for expenses incurred by the cancellations.

Southwest canceled some 15,000 flights in the last week of December during the height of holiday travel, while Winter Storm Elliott lashed North America. Its CEO, Bob Jordan, said the airline faced “impacts beyond the storm.” The airline also attributed the meltdown to issues with its outdated flight scheduling system.

Capdeville’s lawsuit called the debacle an “internally created crisis.” The lawsuit also asserted that Southwest is obligated by its customer service contract to give passengers either a refund or an opportunity to rebook their flight if it is canceled, delayed, or diverted.

This customer service contract doesn’t mention compensating passengers with credit for flight cancellations, the lawsuit added.

Capdeville said he and other passengers affected by Southwest’s cancellations “cannot use their airline tickets through no fault of their own and they are not getting the benefit of their bargain” with the carrier, per the lawsuit.

Southwest said during the wave of cancellations that it is offering a system-wide waiver, allowing customers booked on flights between December 25 and January 2 to rebook the same route with new dates for no extra charge. 

In a statement to The Washington Post, the airline said that it is making “several high priority efforts” in an effort “to do right by our Customers.” 

The carrier also promised customers on December 29 that it will refund their tickets and reimburse them for expenses like hotel rooms and car rentals, warning investors in the company that this expenditure will have an impact on earnings. 

Southwest’s travel disruption FAQ says it will “honor reasonable requests for reimbursement for meals, hotel accommodations, and alternate transportation.”

Representatives for Southwest Airlines and lawyers for Capdeville did not immediately respond to Insider’s requests for comment.

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Technology

Gamers Are Suing Microsoft To Thwart Its Merger With Activision

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Photo: Bloomberg (Getty Images)

The Clayton Antitrust Act of 1914 gives Americans the right to sue companies over anticompetitive behavior, a fact which 10 self-described gamers are using to take Microsoft to court, aiming to halt the company’s acquisition of Activision.

As reported by Bloomberg Law, the complaint, filed today and obtained by Kotaku, states that the plaintiffs, or “video gamers” as they’re described, are concerned that “the [Microsoft and Activision] merger may substantially lessen competition or tend to create a monopoly;” this merger, the complaint states, would specifically be in violation of Section 7 of the Clayton Act, which states that acquisitions that diminish competition are prohibited under U.S. antitrust law. The complaint not only cites the scale and scope of the Activision and Microsoft merger as problematic, but also that this latest proposed union follows numerous other Microsoft acquisitions ranging from its 2014 purchase of Mojang all the way up to its acquisition of Rare in 2022.

Thoroughly laying out console, PC, and AAA gaming, as well as subscription services as “Relevant Product Markets,” the suit calls attention to just how many large franchises will fall under Microsoft’s corporate umbrella should the merger go through. Call of Duty, World of Warcraft, Minecraft, Doom, Microsoft Flight Simulator, Halo, and The Elder Scrolls are just some of the cited examples. It maintains that currently Microsoft and Activision compete directly through these titles and services like Battle.net, the Microsoft Store, and Game Pass. The merger would shatter that competitive dynamic.

Should the merger go through, the suit claims, Microsoft would hold “outsized market power and the ability to foreclose key inputs to rivals and further harm competition.” The suit mentions competition both whereas it concerns sales to consumers, as well as the competition in the industry to “hire and retain talent within specialized video game labor,” which would be “lessened” under the merger.

Kotaku has reached out to Microsoft for comment.

The proposed MIcrosoft / Activision merger has been a lightning rod for controversy ever since its initial announcement. Perhaps most worrying for Microsoft is the recently filed lawsuit from the FTC. The feds allege that, should this merger go through, it would pose serious harm to competition in the video game industry, citing past behavior of Microsoft to prioritize Xbox and Windows PCs as platforms for its games. Microsoft has disagreed, stating that the Activision acquisition would “bring Call of Duty to more gamers and more platforms than ever before.”

Speaking of Call of Duty, in response to criticisms of its intended merger with Activision, Microsoft has pledged to continue to deliver Call of Duty to other platforms for at least 10 years. Microsoft Gaming CEO Phil Spencer has categorized Sony’s criticisms of the acquisition as an attempt to “protect its dominant position on console” and that it seeks to grow by “making Xbox smaller.”

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Entertainment

A Man In Cali Is Suing Cardi B Over An Image Literally Nobody Thought Was Him

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Cardi B arrives at a photo call for “Hustlers” on Aug. 25, 2019, in Beverly Hills, Calif . The rapper turns 30 on Oct. 11.

I doubt anyone’s ever bought or streamed Cardi B’s music to admire the accompanying album artwork, but here we are. A man in California is suing the rapper, claiming she humiliated him and damaged his reputation by using his image on a mixtape cover from 2016. Yep, six years ago.

The story goes like this: Back then, Cardi was a rising star still in the early stages of parlaying her role on Love & Hip Hop into her current megastardom. Along the way she dropped a few mixtapes, one of which featured an image of Cardi posing with a man’s head between her legs.

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The problem is that the picture was digitally altered to add part of a distinctive back tattoo that belongs to Kevin Michael Brophy, who now says he’s traumatized that—again, six years ago—people who’ve never met him and don’t know who he is saw the tattoo on a dude who was simulating having a Cardi B sandwich for lunch.

From U.S. News and World Report

“Their life has been disrupted,” Cappello told the jury as Cardi B, whose real name is Belcalis Almanzar, watched from the defense table. He said the image disturbed Brophy along with his wife, Lindsay Michelle Brophy, who he says initially questioned her husband if it was him in the cover art. The couple has two young children.

Brody has said he once considered his back tattoo featuring a tiger battling a serpent to be a “Michelangelo piece” that has since become “raunchy and disgusting.”

We question that whole bit about the wife questioning Brophy, not because he’s likely not Cardi B’s type, but simply because of this: he’s white and the model wearing his tattoo is Black.

Brophy is asking for $5 million in the case.

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Sports

Easton Oliverson: Family of Little Leaguer who suffered severe injuries after falling from bunk bed is suing the league and bed manufacturer

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CNN
 — 

The family of a 12-year-old Little League World Series player who was critically injured after falling from a bunk bed is suing the league and the company that made the bed, according to court documents.

Easton Oliverson of Utah’s Snow Canyon Little League suffered a fractured skull after falling from a bunk bed at the players’ dormitory in Williamsport, Pennsylvania, while he was sleeping on August 15. He was placed in a medically induced coma and underwent multiple surgeries.

The suit was filed Friday in state court in Pennsylvania by Easton’s parents, Jace and Nancy Oliverson, and it seeks at least $50,000 in compensatory and punitive damages on counts of negligence and liability.

According to the suit, bed maker Savoy Contract Furniture and the Little League were negligent for “failing to have rails on the bed,” allowing Easton to fall.

“Savoy designed, manufactured, distributed, marketed, and/or sold the bunk beds in a dangerous and defective condition in that they did not contain every element necessary to make them safe for their intended use,” the court filing reads.

The parents also allege their son suffered “significant and permanent injuries” as a result, according to the lawsuit.

Little League Baseball Inc. declined to comment on pending legal proceedings. CNN has been unable to reach Savoy for comment.

On August 17, shortly after the fall, Little League released a statement to CNN, saying the bunk beds at the players’ dorms did not have safety rails.

“Since 1992, Little League has used institutional-style bunk beds to offer the most space for the players to enjoy their time in the dorms. While these beds do not have guard rails, Little League is unaware of any serious injuries ever occurring during that period of time,” the league’s statement read. “Out of an abundance of caution, Little League has made the decision to remove all bunks from within the dorms and have each bed frame individually on the floor.”

Oliverson whose nickname is “Tank,” was hospitalized in Pennsylvania for two weeks before transferring to a children’s hospital in Salt Lake City, Utah. On September 19, an Instagram account set up to provide updates on his recovery announced he had returned home.

Support for Oliverson came flooding in after news of his injury made national headlines.

The Brigham Young University football team and Los Angeles Dodgers right fielder Mookie Betts submitted supportive videos through Instagram for Easton.

Oliverson thanked people for their prayers in a video posted to social media August 30.



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Entertainment

Aaron Carter seen at home after police call as he says he’s SUING on-off girlfriend for defamation

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Aaron Carter was spotted outside his home as he did some maintenance work on his car while barefoot on Monday.

While outside his house in Lancaster, California, the 34-year-old musician opened up about his plans to sue his on–off girlfriend Melanie Martin for defamation, in response to her claims that he broke several of her ribs, which Carter has denied.

While fiddling with his vehicle, he claimed that his lawsuit would look like ‘Johnny Depp/Amber Heard 2.0,’ referencing Depp’s brutal defamation suit against his ex-wife.

Getting litigious: Aaron Carter, 34, shared his plans to sue his on–off girlfriend Melanie Martin for defamation on Monday when he was seen outside his home in Lancaster, California

Aaron was dressed casually for a day around the house with a blue, orange and white Miami Dolphins hoodie, which he paired with shredded acid wash jeans that were blown out at the knees.

He sported spiky blond hair that left his abundant face tattoos on full display, and he had an enormous diamond-encrusted pendant dangling from his neck. 

The rapper and singer didn’t appear to be going further than the curb, as he went barefoot.

He was approached by a videographer as he tinkered with his car, but he seemed more than happy to explain his situation after police were called to his home days earlier after he accused his ex-girlfriend Melanie of burglarizing the house.

Carter seemed upbeat as he said he was ‘staying strong,’ despite ‘eight months of a lot of turmoil.’ 

He clarified reports that he was currently in rehab, calling it an out-patient program focused on ‘aftercare’ and his ‘triggers,’ to ensure that he doesn’t relapse after what he claimed were ‘five years clean. 

As part of the program, he attended Alcoholics Anonymous and Narcotics Anonymous meetings to show a judge that he was serious.

Taking it easy: Aaron was dressed casually for a day around the house with a blue, orange and white Miami Dolphins hoodie, which he paired with shredded acid wash jeans and a lack of shoes or socks

Staying in treatment: He clarified reports that he was currently in rehab, calling it an out-patient program focused on ‘aftercare’ and his ‘triggers,’ to ensure that he doesn’t relapse after what he claimed were ‘five years clean.

Getting police involved: Last week, he called police to his home and claimed that his ex Melanie had broken into his home and stolen valuable items 

When the subject turned to his recent police visit, Aaron confirmed that he had called them to his home.

‘She wouldn’t leave, she was trying to trigger me,’ he claimed. 

He also said that his nine-month-old son Prince wasn’t in the house and that he didn’t see him during the altercation.

Carter claimed that Martin would ‘break in through the back window just walk in the house’ without his permission. ‘I personally feel like I deserve a better girl,’ he added, saying he needed someone who better fit with his ‘Southern’ values.

‘Now it’s time to focus on being single, focus on my aftercare, focus on my son,’ he continued.

Walked right in: Carter claimed that Martin would ‘break in through the back window just walk in the house’ without his permission. ‘I personally feel like I deserve a better girl,’ he added

Fighting back: ‘Unfortunately, it looks like it’s gonna turn into a Johnny Depp/Amber Heard 2.0,’ he said as he explained he was going to sue Martin for ‘defamation of character’ over her claim that he broke multiple of her ribs

However, he explained that his son was currently living with Martin’s mother, as Martin had lost custody.

Aaron, who was battling for custody with Melanie earlier this year, claimed he initially lost custody ‘just because I own guns,’ though he said he would be willing to give them up if it meant he could have custody of Prince.

He added that Melanie lost custody after he did, leaving her mother to care for the young child. 

‘Unfortunately, it looks like it’s gonna turn into a Johnny Depp/Amber Heard 2.0,’ he said while crossing his arms as he explained that he was going to sue Martin for ‘defamation of character’ over her claim that he had broken multiple of her ribs.

‘It almost ruined my career, so I had no other choice than to sue her,’ he added. 

Martin initially posted medical records that appeared to indicate at least one rib was broken, but she subsequently retracted her claim on social media. 

Toward the end of the interview, Carter made an odd shoutout to Johnny Depp’s attorney Camille Vasquez.

‘I’m just going to put this out there. Camille, if you hear this message, please help me, call me and find a way to contact me personally and I would love to talk to you. I know that you can help me win this because I have the facts. It’s a win–win,’ he said.

Career trouble: ‘It almost ruined my career, so I had no other choice than to sue her,’ he added

Reversal: Martin initially posted medical records that appeared to indicate at least one rib was broken, but she subsequently retracted her claim on social media

The videographer capped off the chat by asking if Martin even had any substantial funds for him to win in a defamation suit.

‘You can’t get blood out of a rock. That’s not the point. The point is the career,’ he said. 

Earlier this month, Aaron said that he and Melanie had reunited, but they seem to have split again sometime around when he called police to his home.

She was seen being escorted out of the house by officers, though she was not taken into custody at the time. ‘

Desperate: Toward the end of the interview, Carter made an odd shoutout to Johnny Depp’s attorney Camille Vasquez. ‘Camille, if you hear this message, please help me, call me and find a way to contact me personally and I would love to talk to you’; Vasquez seen with Depp in May

In an Instagram video posted after the visit, Aaron claimed that Melanie had stolen several luxury goods from his home.  

‘The cops were called last night, Melanie had to return my watch,’ he explained. ‘She ended up taking my Louis Vuitton bag that I have been traveling around with 12 years.’ 

He added, ‘The cops made her give me my Rolex watch back and I told her that she could keep my $20,000 fur coat that I bought in Utah.’

He also claimed she had taken the engagement ring he initially gave her, along with pricy Dolce & Gabbana shoes, which he said were worth thousands of dollars.

While raising his middle fingers at the camera, he added angrily, ‘So f*** you Melanie, I deserve a better woman and I will find one.

‘She told me last night when she was here, she goes, “Well I’m going to go f*** a 90 Day Fiancé guy.” Hmm. Partying at 2 a.m. in the morning. Why isn’t she with Prince like she’s supposed to be?’ 

Harsh words: In an Instagram video from after the police visit, he lambasted Melanie for ‘Partying at 2 a.m. in the morning’ and not being with their son

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Business

Texas parents are suing Apple after their son suffered ‘permanent hearing loss’ from an Amber alert in his Airpods

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White Airpods are displayed in this image.iStock / Getty Images Plus

  • A couple in Texas is suing Apple for over $75,000 in damages after their son was injured by his Airpods.

  • The parents said their 12-year-old was using his Airpods when an Amber Alert blared through at a high volume.

  • The child suffered a damaged eardrum and will require a hearing aid for the rest of his life.

A couple in Texas is suing Apple after their son suffered “permanent hearing loss” while using his Airpods.

Carlos Gordoa and Ariani Reyes of San Antonio, Texas are demanding over $75,000 in damages after their 12-year-old son suffered hearing loss when an Amber Alert went off while he was using his Airpods.

The incident happened in May 2020 when Gordoa and Reyes’ son, called B.G. in the lawsuit, was watching Netflix with his Airpods that had been purchased new six months earlier.

“B.G. was watching Netflix on his iPhone connected to the AirPods at a low volume when an Amber Alert went off suddenly, and without warning, at a volume that tore apart B.G.’s ear drum, damaged his cochlea, and caused significant injuries to B.G.’s hearing,” the lawsuit said.

The child has also “suffered from bouts of dizziness, vertigo, and nausea,” since the incident, as well as mental anguish and emotional trauma, the lawsuit says. He will have to use a hearing aid for the rest of his life.

“At 12 years old, B.G. suffered sudden and permanent hearing loss in his right ear,” according to the suit. “B.G. has lost his ability to live a normal life, and he will continue to live a diminished life into the future, including a diminished earning capacity.”

The lawsuit also claimed the family will have medical bills to deal with for the foreseeable future “as a result of the defective AirPods.” The suit claims the devices are defective in design or lack adequate warnings for the risks of use.

Apple did not immediately respond to Insider’s request for comment.

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Business

Texas parents are suing Apple after their son suffered ‘permanent hearing loss’ from an Amber alert in his Airpods

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White Airpods are displayed in this image.iStock / Getty Images Plus

  • A couple in Texas is suing Apple for over $75,000 in damages after their son was injured by his Airpods.

  • The parents said their 12-year-old was using his Airpods when an Amber Alert blared through at a high volume.

  • The child suffered a damaged eardrum and will require a hearing aid for the rest of his life.

A couple in Texas is suing Apple after their son suffered “permanent hearing loss” while using his Airpods.

Carlos Gordoa and Ariani Reyes of San Antonio, Texas are demanding over $75,000 in damages after their 12-year-old son suffered hearing loss when an Amber Alert went off while he was using his Airpods.

The incident happened in May 2020 when Gordoa and Reyes’ son, called B.G. in the lawsuit, was watching Netflix with his Airpods that had been purchased new six months earlier.

“B.G. was watching Netflix on his iPhone connected to the AirPods at a low volume when an Amber Alert went off suddenly, and without warning, at a volume that tore apart B.G.’s ear drum, damaged his cochlea, and caused significant injuries to B.G.’s hearing,” the lawsuit said.

The child has also “suffered from bouts of dizziness, vertigo, and nausea,” since the incident, as well as mental anguish and emotional trauma, the lawsuit says. He will have to use a hearing aid for the rest of his life.

“At 12 years old, B.G. suffered sudden and permanent hearing loss in his right ear,” according to the suit. “B.G. has lost his ability to live a normal life, and he will continue to live a diminished life into the future, including a diminished earning capacity.”

The lawsuit also claimed the family will have medical bills to deal with for the foreseeable future “as a result of the defective AirPods.” The suit claims the devices are defective in design or lack adequate warnings for the risks of use.

Apple did not immediately respond to Insider’s request for comment.

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Business

NJ mom suing baby formula maker for wrongful death of baby

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A New Jersey woman became the latest mother to sue Abbott Laboratories, blaming the baby formula maker for her premature baby’s death last year.

Nicole Cresap, whose infant daughter died in December, is suing Abbott Labs in US District Court in Chicago — home to the company’s Nutritional Products Division — over the company’s assertion that its Similac baby formula was safe for premature babies.

The suit claims that the company’s products could cause a bacterial illness — necrotizing enterocolitis — that is fatal in newborns, according to a report.

Cresap’s daughter, Kennedy Hayes, was placed in neonatal care at Morristown Medical Center at the end of December last year.

The baby, who weighed one pound and nine ounces, was at first placed on a combination of breast milk and formula, according to the report.

By February, she was fed on Similac Special Care 24 High Protein and 30 High Protein. A month later, the baby was diagnosed with NEC, a gastrointestinal disorder, and underwent surgery to remove her intestines, but suffered multi-system organ failure and cardiac arrest that led to her death, the suit states.

There are 16 lawsuits against Abbott across the country, according to US Judicial Panel on Multidistrict Litigation.  

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Entertainment

Months After Suing Johnny Knoxville And Co. In Jackass Lawsuit, Bam Margera Has Seemingly Settled

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In recent months, not everything has been super positive in the world of Jackass. While members of the troupe recently reunited for Jackass Forever, the movie having success at the box office and receiving a warm response from critics, there has been on-going strife because of the lawsuit that was filed by Bam Margera last August over a contract dispute. At long last, however, it sounds like there may be some peace, as there is a new report that suggests that Margera is now settling legal matter.

This news comes to us from TMZ, which is reporting the new information based on court documents that the outlet claims to have acquired. According to the the material, Margera is being asked to “dismiss the lawsuit” and the site claims “all signs point to a settlement.”

The principal subject of the lawsuit filed by Bam Margera concerns a “wellness agreement” that the performer signed back in 2019 prior to the start of production on Jackass Forever. The document was a condition for his involvement in the film, and obligated Margera to complete a minimum 90 day stint in a treatment center for his substance abuse issues and remain sober – only taking medications “approved by the medical staff of the treatment center.”

According to TMZ, Bam Margera tested positive for taking Adderall, and he was fired from the production of Jackass Forever in early 2021.  Reports about Margera taking legal action against Johnny Knoxville, Jeff Tremaine, Spike Jonze and the studio started circulating  a few months later, and in the summer he filed a lawsuit seeking compensation for his work on the new film and his hand in the creation of the franchise.

The legal matter advanced last December when when a Los Angeles Superior Court Judge ruled that the lawsuit met the requirements to survive dismissal and was allowed to proceed. Five months later, it seems that the situation may be getting a resolution.

Jackass Forever is the first film in the franchise not to feature Bam Margera in a significant role, though he can be spotted in the film by audiences who look hard enough. The performer can be seen in the “Marching Band” sketch, which sees several members of the group dressed up in uniforms and carrying instruments before stepping on to a high speed treadmill that throws them across the room. He’s only featured briefly, but you can definitely see him if you look for him.

We’ll continue to report on the status of the Bam Margera lawsuit as more information becomes available. If you’re in the mood to watch some Jackass, all four of the theatrically released films – including Jackass The Movie, Jackass Number Two, Jackass 3D, and Jackass Forever – are now streaming on Paramount+, along with Jackass 2.5, Jackass 3.5, both the regular and extended cuts of Bad Grandpa, and episodes of the original MTV series.

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Sports

Trevor Bauer suing Molly Knight, The Athletic for defamation

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Trevor Bauer is suing The Athletic and their former writer Molly Knight for defamation.

The Dodgers’ pitcher linked to the suit on his Twitter page on Tuesday.

In February, the Los Angeles District Attorney’s office announced that it would not be pressing charges over sexual assault allegations that the former Cy Young winner faced last year. Before that, a judge in the California Superior Court denied the accuser’s request for a restraining order.

Bauer was accused of punching and choking a woman unconscious during sex. The pitcher admitted to having rough sex with the accuser, but said it was consensual. During the case, Bauer’s attorney claimed that the pitcher had text messages from the accuser “involving requests to be ‘choked out’ and slapped in the face” and that “the woman spent the night, and left without incident, continuing to message Mr. Bauer with friendly and flirtatious banter.”

In the lawsuit against Knight and The Athletic, Bauer’s attorneys claim that Knight and The Athletic “defamed Mr. Bauer by creating and spreading the false narrative that Mr. Bauer fractured the Complainant’s skull.”

Bauer’s attorneys at Kinsella Weitzman Iser Kump Holley LLP and Zuckerman Spaeder LLP filed the suit Tuesday in the United States District Court Central District of California Western Division.

Trevor Bauer is suing Molly Knight and The Athletic for defamation.
Getty Images

“There was no basis for that assertion because the Complainant’s own medical records — which The Athletic possessed — showed that she had no such fracture,” the suit continues. “Nonetheless, consistent with their prior and subsequent expressions of animus toward Mr. Bauer, The Athletic and Ms. Knight publicized that false attack, which was picked up and further disseminated to a larger audience by other media outlets and social media sites.”

The suit also cited tweets from Knight that referred to the accuser’s skull as “cracked” or “fractured.”

“Defendants acted with actual malice because they deliberately ignored the truth — which was evident in the medical records possessed by The Athletic — and because the Defendants’ defamatory statements were part of a campaign to harass Mr. Bauer, as evidenced by, among other actions, their prior and subsequent false and misleading statements about his conduct and character, their efforts to dissuade Major League Baseball teams from signing him, and their strident complaints about the Los Angeles Dodgers’ decision to add him to their team.”

Molly Knight at Dodger Stadium in 2020.
Molly Knight / Instagram

This is Bauer’s second defamation suit related to this case. He also has sued the website Deadspin.

“We are aware of legal action taken by Trevor Bauer,” a spokesperson for The Athletic told The Post. “We’re confident in our reporting and plan to defend against the claim.”

Knight declined to comment for this story.

Earlier this month, MLB extended Bauer’s paid administrative leave, which he has been on since June 29, through April 16 as the league conducts an investigation into the allegations.

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