Court Roundup

Oregon Eugene firefighter settles lawsuit for $285,000 EUGENE, Ore. (AP) -- A firefighter who says she was discriminated against when she returned to work with a heart pacemaker has settled a lawsuit against the city of Eugene for $285,000. Carolyn McCann says the city tried to force her to quit after an 18-month absence following an off-duty incident in 2007 when her heart stopped. She had been cleared by her cardiologist to return to work. The Register-Guard reports $50,000 goes to McCann for emotional distress; the rest goes to attorney fees. Fire Chief Randy Groves says McCann's back-to-work process was reasonable. He says the decision to settle was made by a city insurance carrier. Illinois Lawsuit: He failed FBI agent test by 1 pushup CHICAGO (AP) -- An FBI analyst who failed a fitness test by one pushup claims in a federal lawsuit that the test is biased against men. Jay Bauer's lawsuit says he met other requirements to become a special agent. But Bauer could perform only 29 out of 30 untimed pushups. The lawsuit says that meant he was forced to resign from special agent training. The Chicago Tribune reports that Bauer's lawsuit was filed last week in Chicago. An FBI spokeswoman told the newspaper that the agency doesn't usually comment on pending litigation. Bauer, a Mount Prospect resident, has disputed the FBI decision through the administrative courts. His attorneys say a female trainee who scored poorly in firearms proficiency was given another shot at the fitness test, but Bauer wasn't. Iowa State lawmaker seeks punitive damages, too SIOUX CITY, Iowa (AP) -- State Sen. Rick Bertrand has asked a court to allow punitive damages in the slander lawsuit he won. The Sioux City Journal says the Sioux City Republican filed the court paperwork on Monday. On Friday, a jury awarded Bertrand $231,000 in defamation damages. Bertrand filed the lawsuit in October 2010 against his Democratic opponent, Rick Mullin, and the Iowa Democratic Party. Bertrand said he was defamed by a campaign ad that said Bertrand "put profits ahead of children's health." The court rejected a motion to let the jury award punitive damages. Bertrand said Monday the jury should have had a say in whether he deserved additional money. He wants his court victory to send a message that will "stop the political machines from doing this again to other people." California SF attorney: Mayor had right to suspend sheriff SAN FRANCISCO (AP) -- San Francisco's city attorney says the mayor had the right to suspend the sheriff after the law enforcement official pleaded guilty in a domestic violence case involving his Venezuelan actress wife. Sheriff Ross Mirkarimi has filed a lawsuit against the city to get his job back after he was suspended following his guilty plea. He says he shouldn't have been suspended since the incident occurred before he was sworn into office. City Attorney Dennis Herrera disputed that in court papers Monday, saying that if Mirkarimi were right, there would be a period of complete immunity for elected officials between the time they are elected and when they take office. Mirkarimi was accused of bruising Eliana Lopez's arm on New Year's Eve. He pleaded guilty last month to misdemeanor false imprisonment. Pennsylvania Woman sues over dad's body found in Pa. mortuary BEAVER FALLS, Pa. (AP) -- An Ohio woman is suing a western Pennsylvania funeral home where her father's body was found partially embalmed after the building was subject to a sheriff's sale. The Beaver County-Times says the lawsuit was filed by Natia Austin, of Lorain Ohio, whose father died on Sept. 9. Beaver Falls police say the funeral home's new owners found the man's body in December, a day after buying the Leavell Funeral Home at an auction to satisfy back taxes. Funeral director George Wise has previously claimed 53-year-old Roland Brown's family members in Ohio asked him to keep the body while they came up with the money for his cremation. But Austin's suit contends Wise was trying to get veterans' benefits to pay for funeral services that were never performed. Wise's home phone has since been disconnected. Montana Woman awarded $34M in insurance lawsuit BILLINGS, Mont. (AP) -- A 90-year-old woman residing in an assisted-living facility in Billings has won a $34.2 million judgment against her Omaha, Neb.-based insurance company for suspending payments for her dementia care. Arlene Hull and her daughter sued Ability Insurance Co. in 2010 after the company ended her assisted-living benefits. Ability said Hull no longer qualified after a review found she didn't require "substantial supervision." Hull's attorney, Mike Abourezk, says the company misinterpreted the policy and misapplied the rules. The Billings Gazette reports the benefits were restored last year, but the company refused to pay for the time coverage was denied. The jury awarded Hull $250,000 for breach of contract; $2 million for violation of Montana's Unfair Trade Practices law; and $32 million in punitive damages. Ability attorney Paul Collins declined comment. Ohio Sierra Club sues in effort for Ohio drilling info COLUMBUS, Ohio (AP) -- An environmental organization is asking an Ohio judge to force the state Department of Natural Resources to disclose plans for oil and gas drilling at state parks and other public properties. A lawsuit filed in Columbus by the Ohio chapter of the Sierra Club says the department has ignored requests for public documents related to the issue. A club manager says the first request was made in October, and a lawyer says additional requests were made in November and February. A natural resources spokesman tells the Columbus Dispatch for a Tuesday report that the agency is working to fill the requests and will make the information available. A law enacted in September opens state properties to drilling. Officials have been tasked with developing terms for leases to drilling companies. Published: Wed, Apr 11, 2012