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In a sharp turn of events, a San Francisco judge denied Monsanto's request to nix a 0 million award to a man who said he got terminal cancer from Roundup weedkiller.But she's also slashing that man's punitive award down to about million.Former school groundskeeper Dewayne Johnson was the first cancer patient to take Monsanto to trial, claiming Roundup gave him non-Hodgkin's lymphoma.Jurors sided with Johnson and awarded him 0 million in punitive damages (to punish Monsanto) and about million in compensatory damages (for Johnson's lost income, pain and suffering).The jury's verdict came in August. But on October 10, the tide appeared to turn in Monsanto's favor.That's when Superior Court Judge Suzanne Bolanos issued a tentative ruling granting Monsanto's request for a JNOV -- a judgment notwithstanding verdict. That's basically when a judge in a civil case overrules the jury's decision.Bolanos said the plaintiff "presented no clear and convincing evidence of malice or oppression to support an award of punitive damages." In other words, Johnson's entire 0 million punitive award was in jeopardy.The judge gave attorneys on both sides a few days to respond and further make their cases.When she issued her final ruling Monday, Bolanos reversed her tentative ruling and denied Monsanto's request for a JNOV.But it wasn't a complete victory for Johnson. Instead of 9 million in combined damage awards, Johnson is slated to get a total of about million.Bolanos said the punitive award was too high and needed to match Johnson's million compensatory award."In enforcing due process limits, the court does not sit as a replacement for the jury but only as a check on arbitrary awards," Bolanos wrote in her ruling Monday."The punitive damages award must be constitutionally reduced to the maximum allowed by due process in this case -- ,253,209.35 -- equal to the amount of compensatory damages awarded by the jury based on its findings of harm to the plaintiff."Monsanto had also requested a new trial on the punitive damages. The judge said that request will be denied if Johnson accepts the smaller punitive award. If he does not accept the million punitive award, then a new trial would be set.The 1 million plummet in Johnson's punitive award caught some legal experts by surprise, including University of Richmond?law professor Carl Tobias."I am somewhat surprised, but the punitive damage award was high even though the (percentage of) reduction was steep," Tobias said. "No one thought the plaintiff would retain the whole (punitive damages) award." 2626
In areas north of town, like the hard-hit Kingwood neighborhood, tall piles of debris--furniture, cabinetry, bedding--only just recently starting to get hauled away. And there's no escaping the smell. The Red Cross continues to make daily deliveries to the hardest hit areas. Driving a Budget rental truck tattooed with a temporary Red Cross logo through the Kashmere Gardens neighborhood, volunteers hand off two cases of water to 26-year-old Joel Salazar.He takes it inside his empty apartment--a converted garage owned by his aunt-- where he's lost just about everything he owned. They didn't have insurance. But then again, they didn't expect it to get as bad as it did."The water [from the creek occasionally] gets high over here, but it's never high enough to go into a house. And everybody kept saying, it's not going to be that bad," Salazar said, adding, "I'll be fine."Now, he's relying on the kindness of others to get by--a mattress donated by friends, a t-shirt given to him by a local graphic printing company, and a place to sleep courtesy of his Uncle Hector, whose carpentry skills will come in handy soon. The smell has finally started to fade inside Salazar's place, and they can begin renovations.But there's something else that's made Harvey--and losing his apartment-- that much tougher for Salazar."When I came in here, I just started crying, like I was hurt. This is my house, the place I shared with my mom."Salazar shared the cozy one bedroom with his mother up until her death just over a year ago. She had Leukemia, and for a while it had appeared she'd beaten it, thanks to Salazar; he was the bone marrow donor."And then the cancer came back."She died soon after."I mean, I never really lived on my own until this past past year. It was difficult the first couple of months, and it still is."It was so hard in fact that Salazar had to put most of what reminded him of her--family photographs on the walls and tables--and hide them on the top shelf of his closet. "There was just a lot of memories there, and I just felt depressed every time I saw them."But heading home to take stock in what stayed dry, Salazar takes down the boxes of photos--some of his mother's most cherished possessions, now his, too. Harvey, he says, is his turning point. He's quick to stress that he'll always be thinking about her, but no longer will he feel the need to dwell on his mother's death."This flood is actually--it's kind of a good thing because, you know, I can rebuild and make the apartment my place and my home," he said, welling up with emotion. "It's going to give me a chance to move forward and be able to come home and relax, instead of always thinking about my mom."And you can bet that after Salazar decides which photos to display on his walls once more, the boxes with the others will go back up onto the tallest shelf he can find."They're safe with me." 2944

If not for an attorney taking her case pro bono, a Barberton, Ohio woman’s request for 40 cents nearly landed her a 30-day stay in jail and a 0 fine under the city’s strict panhandling ordinance.Enacted in 1980, that ordinance could be repealed by the city council next month. If not, the woman’s attorney has threatened legal action over the “unconstitutional” ordinance.In February, Samantha Stevens, a single mother of one, was asking patrons of a McDonald’s in downtown Barberton for 40 cents so she could cover bus fare. A city police officer then issued the woman a summons for soliciting alms — better known as panhandling. Under city ordinance, it is considered a fourth-degree misdemeanor, which carries a potential 30-day jail sentence and a 0 fine.Civil rights attorney Becky Sremack came across the incident by reading the police blotter in the local newspaper, the Barberton Herald.“I wrote her a letter and offered pro-bono legal assistance at that point,” Sremack said. “It doesn’t really add up to charge someone criminally for asking another citizen for a small amount of money.”Not only does it not add up, it’s also unconstitutional, Sremack said.Laws prohibiting panhandling in public places have been repeatedly deemed unconstitutional by federal courts because soliciting or requesting money is considered protected speech under the First Amendment.Last week, Sremack filed a motion to dismiss the charge against Stevens on the grounds that the city’s anti-panhandling ordinance was unconstitutional. City prosecutors have since dismissed the charge.“The fundamental problem is that the government does not have the right to ban solicitation in a public place,” Sremack said. “Solicitation of money asking someone for help is free speech and is protected along with every other type of speech. It’s a basic free speech issue. The Constitution has to apply to the poor as well as to the rich.”Sremack then took the matter a step further, penning a letter to Barberton city leaders that if the city’s anti-panhandling ordinance isn’t repealed within a reasonable amount of time, she would be filing a lawsuit against the city. According to police records, a total of 30 panhandling summonses have been issued since January 2017.“Criminalizing is going to do nothing to reduce the need amongst the poor for help, for assistance,” Sremack said. “These resources would be better put into programs that address the underlying issue.”City Law Director Lisa Miller told Scripps station WEWS in Cleveland on Tuesday that city leaders had begun the process of repealing the 38-year-old ordinance before Sremack sent the letter. The possible repeal of the ordinance could go before a city council committee on May 7th. A vote on the measure could come as early as May 14th.Craig Megyes, the president of the Barberton City Council, said he anticipates that the ordinance will be repealed.The possibly unconstitutional ordinance only applies to soliciting in public places like sidewalks and street corners. Private property owners still have the right to prohibit panhandling on their property.“The Constitution protects speech that we like as well as speech we don’t like,” Sremack said. “Simply being made uncomfortable by seeing a neighbor in need is not enough to call it a crime.” 3315
In Baltimore, there’s a man named Dwayne Benbow Jr., but you probably know him better as “The Funnel Cake King”.“We can say funnel cakes we got funnel cakes, we have gourmet funnel cakes over here,” he said. “It’s the same principals, it’s a hustling mentality.”On a sweltering Thursday afternoon, he laid out his plan to take fill the chessboard that is Baltimore City with young funnel cake knights.“Dispatch them, boom we got one at Greenmount. Her son is going to be on Greenmount her son right here he’s going to be on Pratt and Monroe.”The court started small but at this orientation, the number of young employees grew to over ten.“I kept seeing kids on their bikes kids they trying to get out. They ain’t trying to hear this stay in the house stuff.. everybody calling me like yo I’m tired of my kids, take my kids from me.”Ameen Bailey got the job because his mom reached out.“The funnel cake king he basically like a father figure to all the kids,” Ameen said. “He hires people so they don’t gotta be on the corner. He shows us how to make our own businesses and how to progress more.”His brother Amir Bailey will be working with him.“I’m learning how to keep myself in check, how to interact with others, and how to keep my areas clean,” Amir said.The head that bears the crown didn’t come this way.Before starting his first snowball stand outside of the Terra Cafe Benbow Jr. was in prison for 7 years.Taking that time to grow.“I want to barber school, computer repair, fiber optics,” Benbow Jr. said. “Got half of my degree in sociology so that means I know how to speak to individuals.”Jordan Matthews was the first Knight to join the court.“He’s a black-owned business and he’s helping people by taking them off the streets and helping them work and get that money for the summer and stuff,” Matthews said.Benbow Jr. said he kept coming around so he offered him a job.“Now Jordan is able to run all run operations by himself,” said Benbow Jr. “He doesn’t need no adult no supervision or anything out here.”Every Knight gets a binder with a schedule and the 3 simple principals they have to abide by.Check your hygiene and appearance always.Make eye contact with customers and number one- no belt no work.“We can’t get upset at nobody else if we’re not physically doing it,” said Benbow Jr. “If we’re not physically grabbing them and putting the belts on them. If we’re not putting notebooks in their hands.”Isiah Johnson is 13 and this is his first chance to earn a paycheck.“Just making me more responsible and teaching me how to save money and get it.”Grooming the brightest gems under his crown to build their own empires.“Helping my mom out around the house and outside,” said Kalani Bowen. “Make some money for myself, but also help my mom pay bills and stuff.”“I’m in JOTC right now so I want to go to the Army,” Ameen said.Dorrian Vaughn is the youngest knight at 10-years-old.He’s looking forward to learning and hopes he learns principals to carry with him when he gets his dream job way down the road.“A police officer either that or a fireman,” Vaughn said.There’s only so much ground one king can cover, and Benbow Jr. hopes more people take our young royalty and build them up.“Grabbing them while they are young pulling them in teaching them all that we can teach them and pass them to the next entrepreneur.”If you’re hungry from this article and want to find the Funnel Cake King follow him on any social media platform.WMAR's Eddie Kadhim first reported this story. 3505
IMPERIAL BEACH, Calif. (KGTV) — A suspected drunk driver nearly hit several beach-goers Sunday, before his SUV ended up in the ocean.The driver, identified as 50-year-old Jorge Mosti, was driving in the 1600 block of Seacoast Dr. just after 6:30 p.m., when witnesses say his SUV left the roadway and onto the beach, according to San Diego Sheriff's Department.As he continued onto the beach, SDSO said Mosti nearly hit several people as he drove about a mile down the beach. His vehicle ended came to a stop partially submerged on IB's coastline.Mosti reportedly then jumped out of the vehicle and started walking toward Tijuana. He made it about half a mile before deputies caught up to him. Deputies said Mosti was holding an open beer can as they took him into custody.MAP: Track crime happening in your neighborhoodImperial Beach Lifeguards also responded to help pull the SUV from the water.Witnesses at the beach identified Mosti in a curbside lineup, SDSO said, and he was arrested on charges of reckless driving and driving under the influence of alcohol. 1091
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