Ex-U of I grad student files suit against music professor and University of Iowa; Alleges inappropriate sexual remarks, humor, touching, relationship November 8, 2008
Posted by John in Crime/Courts, Education.Tags: Colleges & Universities, higher education, Iowa City (Iowa), lawsuits, Mark Weiger, Melissa Milligan, musicians, oboe, professors, sexual harassment, teaching assistants, University of Iowa
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UI Professor Mark Weiger
From THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA-DAVENPORT DIVISION:
MELISSA ROSE WALDING MILLIGAN,
Plaintiff,
v.
THE UNIVERSITY OF IOWA and MARK WEIGER,
Defendants. …III. BACKGROUND FACTS
10. Milligan was a graduate student enrolled at the University in the Doctorate of Music Arts (“D.M.A.”) program during the 2006-7 academic year.
11. Milligan obtained student loans to finance her studies and living expenses at the University
12. Milligan’s major field was the oboe, and she sought to complete the three-year course of study in the D.M.A. program, culminating in a doctoral degree.
13. Milligan was enrolled in graduate music classes and was also a teaching assistant in her major field.
14. Milligan was assigned to study under Weiger, a tenured music professor in her major field who taught oboe and chamber music at the University.
15. During the course of her classroom and private instruction, Milligan was regularly subject to Weiger’s inappropriate sexual remarks and crude sexual humor.
16. Milligan also observed at least one act of inappropriate sexual touching by Weiger with another female student during instructional class time.
17. Weiger regularly engaged in inappropriate behavior during classes and instructional sessions, including telling jokes of a sexual nature and using inappropriate sexual language, much of which was directed towards Milligan.
18. Weiger was engaged in a sexual relationship with another student, which interfered with Milligan’s class time as it diverted Weiger’s attention from instruction as he focused on his sexual relationship instead.
19. In addition to the inappropriate sexual behavior, Weiger verbally harassed and subjected Milligan to personal character assaults, referring to her using derogatory terms and insults in the presence of other students on numerous occasions.
20. All of said actions interfered with Milligan’s reasonable expectation of instruction and education at the University, hindered her completing her doctoral degree, and caused her emotional distress. …
Related article from 1994 Gazette archives, Ex-U of I grad student files harassment suit:
IOWA CITY – A former graduate student is suing three University of Iowa faculty members claiming she was sexually harassed and discriminated against when she came here two years ago.
Debra Hawk-Burt of Columbus, Ohio, filed a lawsuit in Johnson County District Court Monday against three faculty members in the School of Music: Mark Weiger , assistant professor in the woodwind division; John Hill, associate director; and David Nelson, director.
According to the suit, Hawk-Burt applied for admission as a doctoral candidate in the school in February 1992 and was told she was eligible for a teaching assistantship and a $10,000 scholarship. Ultimately, she received no financial aid and withdrew from the university.
Soon after she applied for admission, the suit states, Weiger called Hawk-Burt and made inappropriate comments about her marital status.
When Hawk-Burt visited the campus and was interviewed by Weiger in March 1992, Hawk-Burt claims he inappropriately described to her the sexual activities of a female student.
When Hawk-Burt moved to Iowa City, Weiger told her she did not qualify for the scholarship but that she would work for him that summer teaching his students, the suit states.
Hawk-Burt also claims Weiger repeatedly made offensive remarks to her, telling her dirty jokes, using offensive language and swearing at her. He also allegedly told her he was involved in a sexual relationship with a graduate student who was a member of Hawk-Burt’s woodwind group.
According to the suit, Weiger made repeated, offensive sexual or demeaning comments to this student in Hawk-Burt’s presence. When Hawk-Burt objected, her financial aid was withdrawn and she received a barely passing grade from Weiger .
She reported the incident to Hill, who has supervisory responsibilities for the faculty in the school.
Hawk-Burt then appealed to Nelson in a written statement.
Vice President for University Relations Ann Rhodes said she had not seen the lawsuit and could not comment.
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Former University of Colorado women’s basketball player, originally from Cedar Rapids, sues CU over scholarship; Claims breach of contract October 31, 2008
Posted by John in Courts, Sports.Tags: Cedar Rapids (Iowa), Kathy McConnell-Miller, lawsuits, NCAA, RyAnne Ridge, Stephen Ridge, University of Colorado
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From Boulder Daily Camera:
[RyAnne] Ridge, originally from Cedar Rapids, Iowa, left the CU team last season after playing in seven games, averaging 1.9 minutes per game while scoring one point. She is still a student at CU.
She and her father, Stephen, are named as plaintiffs in the suit and are seeking an unspecified amount in tuition and other expenses. They are claiming that because [Kathy] McConnell-Miller promised Ridge a scholarship — and she left her scholarship at Tulsa because of that — CU should have to pay the family. …
U.S. COURTS: Iowa inventors claim patent infringement by Wal-Mart over point of sale electronic surveying process October 28, 2008
Posted by John in Courts.Tags: Intellectual Property, inventions, inventors, lawsuits, Lois Pannkuk, Nancy Anderson, patents, Wal-Mart
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From UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA:
VISION-1, LLC,
Plaintiff,v.
WAL-MART STORES, INC. d/b/a SAM’S CLUB AND SUPERCENTERS,
Defendant.… Lois Pannkuk and Nancy Anderson conceived of a novel method for a transaction-specific method for evaluating customer service performance. At least one survey question is offered via an electronic medium at the time of a transaction and the responses are captured for actionable reporting. A specific example of this novel system in the retail industry is to offer a consumer a survey question using a point of sale device and to capture the consumer’s response using a pin pad. A patent was filed for this method on February 23, 1999. …
In the fall of 2006, PeforMax became aware that Wal-Mart was using a point of sale surveying process. On October 20, 2006, PerforMax’s counsel sent a letter to Thomas A. Mars, Senior Vice President of Wal-Mart Stores, Inc. to notify Wal-Mart of the ‘831 patent and to open a dialog with Wal-Mart for licensing or assignment of the ‘831 patent rights. Since October 20, 2006, the owners of the ‘831 patent have been in constant contact with Wal-Mart to discuss such a licensing arrangement. Wal-Mart has refused to engage in these discussions in a meaningful way and continues to use the point of sale survey system. …
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Cedar Rapids attorney quoted for MSNBC article about sex, STDs and infection lawsuits October 16, 2008
Posted by John in Courts, Family, Medicine.Tags: civil trials, criminal HIV transmission, dating, HIV, HPV, Jeff Tronvold, lawsuits, relationships, sex, sexually transmitted diseases
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From MSNBC:
[A] jury in Iowa awarded $1.5 million to young woman after she claimed that her boyfriend, a dentist, had infected her with HPV even though her lawyer agrees that it is “virtually impossible” to definitively prove it.
Given that, denying you have had an STD, or even that you have one now, is a minefield, says Jeff Tronvold, the Cedar Rapids attorney who represented the young woman in Iowa.
“If 75 percent of people are exposed to HPV, then everybody should know they had it at one point,” he says. If you deny it to a partner, “you have already met, in my opinion, the civil burden [of proof] because you just lied. You should say, ‘I have no signs, but I cannot tell you I never had it.’ This could change the way we all date.” …
From August 11, 2008 Gazette:
$1.5 million awarded in HPV lawsuit
By Trish Mehaffey
The GazetteJeff Tronvold, Cedar Rapids attorney, said a Muscatine County jury sent a strong message last week when it awarded $1.5 million to a 25-year-old woman in her lawsuit against a man who infected her with the human papillomavirus or HPV.
It’s the first case like this that has made it to court in Iowa and one of a small percentage in the United States, Tronvold said. Most of the HPV-related cases in the courts and in the news concern the side effects of the vaccination Gardasil.
This genital virus is the most common sexually transmitted infection which attacks the skin and mucous membranes, according to the Centers for Disease Control and Prevention. There are more than 40 types of the virus that infect the genital areas of men and women.
About 20 million Americans are infected with HPV and another 6.2 million become infected each year, according to the center’s Web site. Most people don’t realize they have it because their immune system fights it off.
Karly Rossiter, 23, at the time of infection in 2005, didn’t know she had it and didn’t know anything about HPV. “It was before the Gardasil commercials, which didn’t come out until, I think, 2006,” Tronvold said Wednesday.
Rossiter met Alan Evans, a Muscatine dentist, in December 2004. He told her he was free of any sexually transmitted diseases before they started dating. A few days later after having sex with him on Jan. 1, 2005, Evans asked her if she had been tested for HPV.
Rossiter went to her doctor for information and was told there is no general test for HPV and it wasn’t necessary since her recent Pap test came back normal, Tronvold said.
The only test on the market is used as part of a cervical cancer screening, according to the Centers for Disease Control and Prevention.
Tronvold said Rossiter was concerned because of what Evans had asked, so she demanded the test and because her insurance wouldn’t cover it, she paid it out of her own pocket.
In April 2005 she learned she could potentially have HPV and she started developing symptoms of the virus, genital warts, in January 2006, according to the lawsuit. An examination of the cervix showed severe dysplasia, abnormal cells on the surface of the cervix, which is a precursor to cancer.
She had a surgical procedure in March 2006, where lesions are cut off the cervix, Tronvold said. Rossiter had multiple cuts of varying tissue sizes. The skin is then cauterized to prevent infection.
Rossiter is symptom-free of the virus now but there’s no guarantee that it won’t come back and she will remain a carrier, Tronvold said. He believes that’s why the jury awarded $700,000 for past and future physical and mental pain and suffering, and another $800,000 in punitive damages.
Tronvold said the statements Evans made to Rossiter that he was free of disease and then asked her after sex the specific question about HPV are what likely influenced the jury.
Tim Semelroth, a Cedar Rapids attorney who handles medical-related suits, said in this case Iowa’s civil justice system worked. The jury believed Evans “willfully and wantonly disregarded” Rossiter’s safety when he infected her.
Semelroth said the amount of the verdict is understandable because the jurors must decide fair compensation for a woman who will have viral outbreaks the rest of her life and live in fear of developing cervical cancer, and also determine the appropriate punishment for Evans, who betrayed her trust.
U.S. Courts: Former Rockwell Collins engineer claims terminated over diversity training participation and religious objections to homosexuality May 15, 2008
Posted by John in Courts, Jobs, Religion.Tags: Human resources, Lake City (Iowa), lawsuits, Robins (Iowa), Rockwell Collins, Rutherford Institute, Thomas Meeker, William Kurth
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Systems Engineer Thomas O. Meeker, of Robins, and William D. Kurth, Lake City, Iowa, participating attorney for the Rutherford Institute, file a lawsuit claiming religious discrimination in employment; $300,000 requested.
From United States Courts – Northern District of Iowa:
Andrew Mlynarczyk [of Rockwell Collins Human Resources] told Meeker that Meeker’s e-mail messages were disrespectful and that Meeker had acted outside of the Defendant’s Standards of Business Conduct. Meeker again expressed his disagreement with Defendant’s diversity training and his belief that the training was promoting the homosexual lifestyle by insisting that employees accept, celebrate and embrace homosexuality. …
[Stephen L.] Brandt stated that the concerns of the Defendant’s management involved Meeker’s June 7 e-mail and Meeker’s objections to participating in diversity training. …
Meeker informed those at the meeting that his June 7 e-mail was not the most respectful way to convey his views and gave his assurance that he would not write any similar messages in the future. …
[According to court document, this excerpt is from a July 6, 2007 certified letter from Brandt to Meeker.]
Based on your recent e-mails and other communications, we believe that you are unwilling to treat gay or lesbian co-workers with respect in the workplace. … you have informed us that you refuse to participate in our diversity training program, even though this training is required for all employees. We believe your unwillingness to commit to treat your co-workers with respect, coupled with your refusal to participate in such training, impedes your ability to perform your job in a manner consistent with our Standards of Business Conduct policy. Based on the foregoing, we have decided to terminate your at-will employment at Rockwell Collins effective immediately.
U.S. Courts lawsuit: Former Director of Sales at Crowne Plaza Five Seasons Hotel alleges sex discrimination April 23, 2008
Posted by John in Business, Crime/Courts, Jobs.Tags: Cedar Rapids (Iowa), Crowne Plaza Five Seasons Hotel, Jeanne Cole, Kronos Hotels & Resorts, lawsuits, LYNCH DALLAS PC, Randy Butcher
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From U.S. Courts – Northern District of Iowa:
JEANNE M. COLE,
Plaintiff,
vs.
PORTFOLIO – CEDAR RAPIDS, LLC;
KRONOS HOTELS & RESORTS;
CROWNE PLAZA FIVE SEASONS
HOTEL, CEDAR RAPIDS, IOWA…This is an employment discrimination and wage collection action under federal and state law, with pendant state law claims under the Iowa Civil Rights Act of 1965, Iowa Code Chapter 216 (2007) and Iowa Code 91A(2007). Plaintiff, Jeanne M. Cole, is a Caucasian female. On September 28, 2007, she was terminated from her position as Regional Director of Sales with the Defendants, and replaced by a no better qualified male. Ms. Cole alleges she was treated differently and unfairly when compared to her male replacement. Ms. Cole also alleges that she has not been paid commissions owed her pursuant to both a written and oral agreement with the Defendants. Ms. Cole seeks back pay, front pay, federal and state compensatory damages(including emotional distress damages), punitive damages, liquidated damages of double the wages owed her, attorneys fees, interest, and costs. …
16. September 28, 2007, Ms. Cole was terminated from her position as Regional Director of Sales with the Defendants.
17. Ms. Cole was replaced by a no better qualified male employee, Randy Butcher.
18. During her employment, Ms. Cole was treated differently and unfairly when compared to Mr. Butcher. For example, during her employment she made many requests for hotel assignments and contacts, but was told to be patient and that the information would be provided. It was never provided to her. As a result, she was not permitted to be successful in her job.
19. On the other hand, when Mr. Butcher assumed the position of Regional Director of Sales, he was provided with hotel assignments and full access to the Defendants’ systems immediately upon his acceptance of the position. …
MS. COLE DEMANDS TRIAL BY JURY FOR ALL ISSUES SO TRIABLE.
s/Wilford H. Stone
WILFORD H. STONE, AT0007699
AMY L. REASNER, AT0006390
of
LYNCH DALLAS, P.C.
526 Second Avenue S.E.
P.O. Box 2457
Cedar Rapids, IA 52406-2457 …ATTORNEYS FOR PLAINTIFF JEANNE M. COLE
Cincinnati’s largest bank sues Transamerica Life Insurance and consultant over $323 million investment loss April 17, 2008
Posted by John in Business, Crime/Courts.Tags: Cedar Rapids (Iowa), Insurance, investments, lawsuits, Transamerica Life Insurance Co
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From The Enquirer (Cincinnati):
Fifth Third Bank has filed suit in federal court in Cincinnati to recover more than $323 million in losses from insurance policy investments it claims were mismanaged by Transamerica Life Insurance Co. and its consultant Clark Consulting Inc. in Dallas. …
In the lawsuit filed today, Fifth Third claims that Transamerica, based in Cedar Rapids, Iowa, and Clark Consulting, both units of Aegon USA Inc., a financial services holding company, failed to manage and monitor more than $612 million the bank paid into the investment backed policies known as Bank Owned Life Insurance (BOLI) products. …
Record companies suing 20 University of Iowa Internet users accused of file sharing March 27, 2008
Posted by John in Crime/Courts, Education, Music.Tags: AresWarez, copyright, federal courts, file sharing, Gnutella, lawsuits, peer-to-peer, record companies, recording industry, Recording Industry Association of America, RIAA, University of Iowa
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From U.S. District Court – Southern District of Iowa:
… The true names and capacities of Defendants are unknown to Plaintiffs at this time. Each Defendant is known to Plaintiffs only by the Internet Protocol (“IP”) address assigned to that Defendant by his or her ISP on the date and time of that Defendant’s infringing activity. See Exhibit A. Plaintiffs believe that information obtained in discovery will lead to the identification of each Defendant’s true name.
21. Although Plaintiffs do not know the true names of Defendants, each Defendant is alleged to have committed violations of the same law (e.g., copyright law), by committing the same acts (e.g., the downloading and distribution of copyrighted sound recordings owned by Plaintiffs), and by using the same means (e.g., a file-sharing network) that each Defendant accessed via the same ISP. …
Reviewing the 20 Internet Protocol addresses in “Exhibit A” (all between 128.255.0.0 and 128.255.255.255) the Internet Service Provider apparently was the University of Iowa. The document claims this happened between October and December of 2007.
3/30 UPDATE: Additional information from Quad-City Times.
St. Luke’s lawsuit over alleged moisture damage March 22, 2008
Posted by John in Business, Crime/Courts, Health Care, Medicine.Tags: Boulder Associates, Cedar Rapids (Iowa), Jelinek Olmstead Construction, lawsuits, St. Luke's Hospital
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Recently moved to federal court system. From U.S. Courts – Northern District of Iowa:
After completion of construction of the Surgery Center [Ambulatory Surgical Center], the ceiling of the Parking Area was damaged by moisture and began to crumble and fall to the Parking Area.
Investigation revealed that moisture had accumulated above the ceiling of the Parking Area, damaging the ceiling.
St. Luke’s contacted Boulder Associates in late 2005 to inform Boulder Associates of the moisture and resulting damage. To fix the immediate damage and to prevent future damage to the ceiling of the Parking Area, St. Luke’s was required to replace the insulation and install tiles made of waterproof material installed by Jelinek Olmstead Construction, Inc. at a total cost of $179,698.00…
Vedic City woman alleges she and unborn child lead poisoned by Maharishi Ayurveda herbal preparation March 5, 2008
Posted by John in Crime/Courts, Medicine, Public Health.Tags: Brady & O’Shea, Cedar Rapids (Iowa), Centers for Disease Control, chelation therapy, Fairfield (Iowa), Frances Gaskell, Iowa Department of Public Health, lawsuits, lead poisoning, Maharishi Ayurveda, Maharishi Mahesh Yogi, University of Iowa Hospitals and Clinics, Vedic City (Iowa)
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Plaintiff Frances Gaskell is being represented by Cedar Rapids legal firm Brady & O’Shea, P.C.
From United States District Court, Southern District of Iowa – Complaint and Jury Demand:
After Frances Gaskell began to take the Garbhapal Ras she began to feel lethargic and her hands and feet began going numb. She then began having severe back and abdominal pain. The pain was so severe that she was admitted for testing and treatment at the University of Iowa Hospitals and Clinics in February 2007. …
On April 16, 2007, blood test results showed that Frances Gaskell was severely lead poisoned and had a blood lead level of 102 mg/dl, over 20 times the level considered safe by the Centers for Disease Control. Because Frances’ level was so high, creating a serious risk to both her life and health, and the life and health of her unborn child, she was forced to undergo chelation therapy while pregnant despite the risks of the therapy to her unborn child, L.G..
After testing the different herbal preparations that Frances was taking, the Iowa Department of Public Health found that the Garbhapal Ras was made up of nearly 3% lead, a level far in excess of applicable safety standards. …
L.G. was born with a blood lead level of 60 mg/dl, 12 times the level considered safe by the Center for Disease. …
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