Saturday, April 23, 2005
A three-judge Texas Court of Appeals ruling will allow men who were overcharged at nudie clubs to sue for refunds and damages.
The two plaintiffs, Paul Brian Meekey and Michael Fulmer, had their cases heard because they were charged more than a regular lap dance fee when they used a credit card, typically $25 for a $20 dance.
“Texas law is pretty clear that you cannot charge someone extra for using a credit card,” said Sandra Krider, an attorney for the patrons. “The fact that they are strip clubs shouldn’t mean they get away with it.”
A lawyer for the businesses, Rick’s Cabaret and the Men’s Club, argued a case based on the type of employment the ladies agreed to perform.
“Since the dancers are independent contractors and not employees of the club, the clubs are not the ones selling the dances,” said attorney Albert Van Huff.
But the men’s attorneys said the win could potentially become a class-action suit with many hundreds of men claiming their day in court. That could present a problem for other patrons who may not want their name and their use of a credit card at a nudie bar released in court transcripts.
“They are going to want the (strip) clubs’ credit card companies to give them the names of all the different people who have charged dances there,” said Van Huff.
The 14th Court of Appeals, a Texas court with headquarters in Houston, had reversed a ruling of a lower trial judge that this case should be heard before the state Finance Commission instead of in a judicial proceeding. The case was sent back to be tried again.
Tuesday, November 17, 2009
Following a new report into the loss of a Nimrod jet belonging to the UK’s Royal Air Force over Afghanistan the family of one of the victims is seeking a criminal prosecution. Sergeant Ben Knight, aged 25, was among the fourteen killed when Nimrod XV230 crashed in 2006.
Knight’s parents have applied via their lawyers Smithfield Partners to the Crown Prosecution Service to consider evidence contained in a report by Charles Haddon-Cave QC, who is due to appear before the House of Commons next month. The Loss Of RAF Nimrod XV230, A Failure Of Leadership, Culture And Priorities stated that the accident was preventable and that the Ministry of Defence (MoD) made spending cuts a priority over safety. A 2005 review into Nimrod safety was “riddled with errors,” the report found.
Smithfield Partners have also written to the Health and Safety Executive, asking for the MoD to be investigated for breaches of the Health and Safety at Work Act 1974. The letter was addressed directly to deputy chief executive Kevin Myres.
XV230 had shortly completed air-to-air refueling on September 2, 2006, when it was destroyed by an explosion. “We had a 25-year-old healthy son, who used to play squash and, to put it bluntly, he ended up as a plastic bag full of bits,” said Graham Knight. “That is something which is very hard to cope with.”
The Knights met Armed Forces Minister Bill Rammell in London yesterday. Rammell said he was unable to comment on possible legal action against individuals, but promised to provide answers to other questions posed by the Knights and other families. The Crown Prosecution Service has promised consider the matter, and the Health and Safety Executive said it could not comment this early on in developments. The latest report names five people in the MoD, three with BAE Systems and two with defence company QinetiQ, as responsible.