Tag Archives: lawsuit

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Dahn Yoga Victorious in Lawsuit

Dahn Yoga & Health Centers, Inc. announces the recent end of a highly publicised lawsuit by 27 former employees and members. The federal lawsuit that began in on May 22, 2009 officially ended on April 1, 2013. All claims in the lawsuit have either been dismissed by the Court or dropped by the plaintiffs.

The lawsuit against Dahn Yoga and its affiliates was filed in the US District Court of Arizona (Barba et al. v. Dahn Yoga et al, Case No. CV09-1115-PHX-SRB) and attracted media attention with claims that included fraud, undue influence, unfair and deceptive business practice, emotional distress, wage and hour law violation and civil RICO violations.  On November 3, 2009, Judge Susan Bolton dismissed a majority of the claims, affecting  nearly all of the 27 plaintiffs. In light of the Judge’s Order, the plaintiffs and their attorney filed an Amended complaint, but it did not strengthen their case.  Subsequently, on October 26, 2011, plaintiffs’ attorney, Ryan Kent, withdrew from the case. In his motion to withdraw, Kent acknowledged that he had  expected the case to be settled without protracted litigation.  As a result, many plaintiffs were dismissed by the Court or dropped their claims. Some even admitted in writing that allegations made in the lawsuit were not what they had intended or directly contradict their experience with Dahn Yoga.

The court rulings and the plaintiff withdrawals bring a difficult chapter to an end.  A statement by the current Dahn Yoga CEO expresses the company’s appreciation for the consistent support of its members, instructors, employees and friends. She states that in light of this experience “… we have made many important changes and despite the challenges we faced, we have emerged from this experience as better communicators, better managers, better business people and better citizens.”

Dahn Yoga & Health Centers, Inc. (www.dahnyoga.com) provides personalized service and exceptional facilities that teach a stylized practice of yoga based on Korean traditions. The word “dahn”, meaning “energy”, emphasizes the mind body connection as the key to health and well-being. Ilchi Lee founded the practice in South Korea before the first U.S. Dahn Yoga center was opened in the early 1990s. Acclaimed for health and wellness innovations and the integration of ancient and modern, Dahn Yoga has an extensive network of highly-respected facilities and instructors in seventeen states, and numerous affiliates around the world.

Curis Resources - Florence Copper Project

Judge dismisses copper mine permit lawsuit

A judge has dismissed a lawsuit challenging the state’s decision to award a ground-water protection permit to Curis Resources for its planned copper mine in Florence.

The town of Florence, Pulte Homes and others sued last September, challenging the Department of Environmental Quality’s decision to award Curis Resources a temporary permit for testing for an underground copper peaching operation.

According to the Casa Grande Dispatch, the Feb. 16 ruling by Judge Arthur Anderson of Maricopa County Superior Court says the department acted within its authority under state law.

Ski Flap

Hopi tribe withdraws Snowbowl lawsuit

The latest lawsuit challenging snowmaking at the Arizona Snowbowl just north of Flagstaff has been withdrawn.

The suit filed by the Hopi tribe alleged snowmaking using reclaimed wastewater might harm an endangered plant.

The tribe’s chairman said Wednesday that the tribe was meeting with the Justice Department and Forest Service and wants a review of snowmaking’s effect on the plant. That’s planned anyway.

The Arizona Daily Sun reports it was the last active lawsuit challenging snowmaking.

Snowbowl fought suits for years from environmentalists and native tribes opposed to its snowmaking plans but won in every case.

It began making snow with reclaimed wastewater at the beginning of this week and plans to use it later this season and in future years to build a base for skiing and snowboarding.

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Jury rules in favor of Taser in suit

A jury in St. Louis has sided with Scottsdale-based Taser International in a civil lawsuit claiming the company failed to properly warn of its devices’ dangers.

The St. Louis Post-Dispatch reports the circuit court jury deliberated seven hours before delivering a verdict Thursday in the week-and-a-half-long trial.

The suit was filed on behalf of Colin Fahy of St. Louis, who was 17 when he went into cardiac arrest after police officers stunned him with a Taser at his home during a 2007 domestic disturbance call. He suffered long-term brain damage.

Lawyers for Fahy cited studies on pigs in 2005 and 2006 showing a Taser shot to the chest could interfere with a heart’s rhythm.

But lawyers for Taser said none of the studies showed resulting cardiac arrest.

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Hunter Douglas, Spring settle lawsuit

Hunter Douglas Window Designs, Inc. — the Hunter Douglas Horizontal Blinds Division and Custom Shutters Division are located in Gilbert with a plant in Phoenix — and Springs Window Fashions, LLC of Middleton, Wisconsin, announced that they have settled a patent and trademark infringement suit involving combination window shades.

Hunter Douglas had filed suit in October 2011 in the United States District Court for the District of Delaware, asserting infringement by Springs of a design patent, U.S. Patent No. D605,885 covering a combination shade consisting of a pleated shade over a cellular shade.  Hunter Douglas subsequently added a claim that Springs was infringing trademark rights in the mark ECLIPSE owned by affiliates Hunter Douglas Window Fashions, Inc. and Turnils (UK) Ltd.  Springs had asserted defenses and counterclaims alleging that Hunter Douglas’ patent and trademark rights were not infringed and were invalid.

As part of a stipulated judgment previously entered in the action relating to the claims for trademark infringement, Springs agreed to stop using the ECLIPSE mark and voluntarily changed the product name to UNISON.  The parties have now resolved the remaining claims related to infringement of the design patent at issue.  In accordance with the settlement, the specific terms of which were not made public, all remaining claims and counterclaims have been dismissed with prejudice.  As part of the settlement, Springs has been granted a nonexclusive license under the design patent at issue, as well as a Canadian counterpart patent.

Both companies announced that they are pleased that this dispute has been resolved amicably.

Hunter Douglas Inc., North America’s leading manufacturer and marketer of custom window coverings, is headquartered in Pearl River, N.Y., and employs approximately 6,000 people in 40 divisions throughout the U.S. and Canada.