National Roundup

South Carolina
Man nears settlement with bars he says overserved driver accused of killing his new bride
FOLLY BEACH, S.C. (AP) — Two bars accused of overserving a woman who authorities say drunkenly hit a golf cart carrying a newlywed couple away from their reception, killing the bride, have reached a tentative settlement with the groom, who was seriously injured.

The Drop In Bar & Deli and The Crab Shack have agreed to pay “certain sums” to Aric Hutchinson that were described by his lawyer as “reasonable,” according to a Sept. 28 petition for approval in Charleston County Court in South Carolina.

The settlement is confidential, and the case will continue against other defendants, Hutchinson’s attorney, Daniel Dalton, said in an email. A judge must approve the settlement.

The April 28 crash killed Samantha Miller, 34, and wounded three other occupants of the golf cart. Aric Hutchinson survived with a brain injury and multiple broken bones.

Hutchinson charged in a wrongful death lawsuit that Jamie Lee Komoroski “slurred and staggered” across several bars around Folly Beach before speeding in her Toyota Camry with a blood-alcohol concentration more than three times the legal limit.

El Gallo Bar & Grill, Snapper Jacks, The Drop In Bar & Deli and The Crab Shack all either allowed her to become intoxicated or continued selling alcohol when she had already grown far too drunk, according to the lawsuit, brought by Hutchinson as the manager of his late wife’s estate.

That complaint also accuses Komoroski’s employer of negligence and recklessness. An unnamed supervisor at Taco Boy — where Komoroski had recently begun serving at the time of the crash — allegedly coerced her into consuming “a dangerous amount of alcohol” at an employee function that night. The restaurant has denied there was an officially sanctioned work event.

A separate criminal case recently took a step forward when a state grand jury indicted Komoroski. Court documents filed last month show that indictments returned Sept. 12 charge Komoroski with felony driving under the influence resulting in death, reckless homicide, and two counts of felony driving under the influence resulting in great bodily injury, news outlets reported.

Komoroski was denied bond this summer while facing charges of reckless vehicular homicide and three counts of driving under the influence causing death or great bodily injury.
 
New York
Judge plans May trial for US Sen. Bob Menendez in bribery case
NEW YORK (AP) — A judge is planning a spring trial for U.S. Sen. Bob Menendez and his wife, who are accused of accepting bribes of cash, gold bars and a luxury car from three New Jersey businessmen who sought the senator’s help and influence over foreign affairs.

The tentative trial date of May 6 would come just one month before New Jersey’s June 4 primary, meaning it could still be underway when voters start casting ballots on whether to return Menendez to the Senate. An attorney for the government gave the judge an estimate of four to six weeks.

An indictment last month charged the Democrat, formerly the chair of the Senate Foreign Relations Committee, with taking payouts in exchange for corrupt acts that included passing information to Egyptian military and intelligence officials. Among other things, prosecutors accused Menendez of ghostwriting a letter for Egyptian officials that sought to influence U.S. policy on military aid.

The indictment also said Menendez used his influence to try and pressure state and federal prosecutors in New Jersey into giving lenient treatment to friends or associates who were the subject of criminal investigations, and interceded with U.S. regulators to protect an associate’s business deal.

Authorities found nearly $500,000 in cash, much of it hidden in clothing and closets, as well as more than $100,000 in gold bars in a search of the New Jersey home Menendez, 69, shares with his wife, Nadine.

Menendez has pleaded not guilty and said the cash found in the house was personal savings he had squirreled away for emergencies.

Menendez was excused from being present for Monday’s court hearing in New York City after his lawyers said he needed to be in Washington for Senate business. The judge declined similar requests from Nadine Menendez and her co-defendants, Wael Hana, Jose Uribe and Fred Daibes. All four have also said they are innocent.

Prosecutors have accused Hana of being a conduit between Menendez and Egyptian officials. They said Hana gave Nadine Menendez a job, gave her money to make mortgage payments, wrote checks to her consulting company, promised envelopes of cash and gave her gold bars. They said Menendez used his post to facilitate foreign military sales and financing to Egypt, which gave Hana’s business a lucrative, worldwide monopoly over religious certification for imported meat.

Besides setting a trial date, Judge Sidney Stein gave prosecutors a December deadline to turn over certain evidence to the defense.


New York
Judge dismisses false advertising claims against Wendy’s and McDonald’s
A federal judge in New York has dismissed a lawsuit that accused McDonald’s and Wendy’s of misleading consumers with ads that show bigger, juicier burgers than their restaurants actually serve.

In an opinion released over the weekend, U.S. District Judge Hector Gonzalez said the images on the companies’ websites __ which the plaintiff was challenging __ note the weight of the meat and the calories each burger contains.

Gonzalez also said the plaintiff, Justin Chimienti, failed to prove that a reasonable customer would be misled by the ads. Gonzalez said the ads are considered “puffery,” akin to other companies’ use of models to make their products more visually appealing.

Wendy’s and McDonald’s didn’t immediately respond to messages left Tuesday seeking comment.

The suit was one of several false advertising lawsuits filed recently against fast food companies by New York attorney James Kelly. A message seeking comment from Kelly was left Tuesday by The Associated Press.

In August, a federal judge in Florida refused to dismiss a class action lawsuit Kelly filed against Burger King claiming that the company’s ads overstate the amount of meat in its Whopper burger and other sandwiches. Kelly has also sued Taco Bell and Arby’s.

Lawsuits accusing food and beverage companies of misleading customers __ for putting fewer chips than expected in a bag or advertising artificial flavors as real “vanilla,” for example __ have grown more common in recent years.