Latest news with #Kline&Specter
NBC News
7 days ago
- Health
- NBC News
Panera settles remaining lawsuits over its highly caffeinated Charged Lemonade
Panera Bread has settled three remaining lawsuits that it faced over its highly caffeinated Charged Lemonade, a beverage blamed for multiple deaths and permanent injuries. Plaintiffs' attorney Elizabeth Crawford, a partner at the Philadelphia law firm Kline & Specter, PC, confirmed Wednesday that 'the matters have all been resolved.' She said she could not comment any further. Panera also confirmed the legal developments, which were reported first by NBC News, but declined to answer any additional questions. Charged Lemonade made headlines in October 2023 when the parents of a 21-year-old University of Pennsylvania student with a heart condition filed a lawsuit alleging that their daughter, Sarah Katz, suffered a fatal cardiac arrest after consuming a cup of the drink. Panera settled that suit last October, which was the first of at least four that were filed against the bakery-cafe chain. A second lawsuit alleged that the drink caused the death of 46-year-old Florida resident Dennis Brown after he drank three Charged Lemonades. The other two legal complaints alleged the beverage resulted in serious cardiac problems in two previously healthy people: 28-year-old Lauren Skerritt of Rhode Island, and Luke Adams, a Pennsylvania teenager whose lawsuit said he had to be resuscitated hours after he drank a Charged Lemonade. Crawford represented the plaintiffs in all four cases. Court records showed the remaining three lawsuits were listed on Monday as dismissed with prejudice, meaning the cases cannot be refiled again in the same courts. The cases had previously been scheduled to go to trial. The lawsuits had referred to Charged Lemonade as a 'dangerous energy drink' and accused Panera of failing to appropriately warn customers about its ingredients. When served without ice, a large, 30-fluid-ounce size contained 390 milligrams of caffeine — just barely under the 400 milligrams of caffeine that the Food and Drug Administration says healthy adults can safely consume in a day. Charged Lemonade also contained guarana extract, another stimulant. Panera has denied wrongdoing in court documents. Following the lawsuit over Katz's death, the chain made a number of changes, including moving the beverage behind the counter so it was no longer a self-serve offering. It also added signs cautioning that Charged Lemonade should be consumed in moderation and was not recommended for children, people sensitive to caffeine, or pregnant or nursing women. Panera removed the controversial beverage from its stores nationwide in May 2024, which it said was a part of a 'recent menu transformation.'
Yahoo
12-06-2025
- Yahoo
Pa. public schools may be liable if they fail to prevent student-on-student sexual abuse
(Philadelphia Tribune photo) A Philadelphia high school student who was sexually assaulted by classmates can sue the school district under an exception to governmental immunity for sexual abuse, a Commonwealth Court panel ruled this week. The seven-judge panel ruled unanimously in favor of the intellectually disabled 10th grader and her parents. The decision clarified that a school district may be held liable for negligence leading to a student's sexual assault by a third party and its responsibility is not limited to abuse by school employees. Lawyers for the girl, who is identified only by the initials L.F.M. in court documents, and an education advocate said the decision significantly improves protection for students. 'Today is a better day for children,' said Nadeem Bezar of Kline & Specter, who brought the lawsuit on behalf of the girl and her parents with co-counsel Helen Lawless. 'We are happy that the Commonwealth Court interpreted the statute the way the legislature intended. We understand the case still has a ways to go. But today is a step in the right direction.' Spokesperson Monique Braxton said the School District of Philadelphia is reviewing the decision and anticipates seeking review by the Pennsylvania Supreme Court. 'The district values the safety of our students and staff. If a student sees something that they feel is concerning, we encourage them to share their concerns with their parents, teachers, and other district staff,' Braxton said in a statement. 'We all play a role in keeping our schools and communities safe, and encourage students, staff, and families to say something if they see something.' According to the lawsuit, L.F.M. was enrolled in a co-ed gym class at South Philadelphia High School with other students with disabilities and learning impairments. In October 2021, two classmates pushed her behind the bleachers, sexually assaulted her and demanded that she go into a bathroom to take and share sexually explicit images. One of the students continued to harass and demand explicit images from L.F.M. by telephone that evening, when the girl's mother overheard. The girl told her mother what had happened in school and the mother reported the assault to the district and police, the suit says. The lawsuit alleges the school district failed to ensure that its employees properly supervised students in the gym class, permitting the girl's attackers to carry out the assault. It claims the district is liable for negligently permitting the assault. The Commonwealth Court decision centers on a relatively new addition to the state law that limits tort liability for public agencies in Pennsylvania. The Political Subdivision and Torts Claims Act (PSTCA) grants immunity to government entities except under a handful of scenarios and limits damages to $500,000. As part of a legislative package to secure justice for victims of childhood abuse, former state Rep. Mark Rozzi (D-Berks) won approval of the sexual assault exception. Signed into law by Gov. Tom Wolf in 2019, it allows individuals to sue public schools if they are victims of acts that would constitute criminal sexual assault under state law. In response to L.F.M.'s lawsuit, the Philadelphia School District argued the exception applies only to acts by the district and employees. A Philadelphia judge rejected the district's argument and it appealed in Commonwealth Court. The student's lawyers argued the exception permits claims for sexual abuse by a third-party, such as other students, if it results from negligent actions or omissions by the school district. In an opinion by Judge Lori Dumas, the court found the purpose of the exception was to hold public entities accountable for enabling abusers and to expand the rights of victims to sue. Dumas cited Rozzi's statement in a 'friend-of-the-court brief' that the purpose was not to hold institutions accountable for employing abusers but for enabling abusers to carry out their crimes against children. The district claimed the primary purpose of the PSTCA is to protect taxpayers and that broadly interpreting the exception could impede the district's financial ability to serve its 200,000 students. 'We must presume the legislature also recognized its duty of protecting the public fisc, including the potential monetary harm to municipalities from large tort recoveries,' Dumas wrote. 'Upon balancing those duties, the legislature nevertheless enacted an exception to governmental immunity, removed the damages cap, and extended the statute of limitations. We cannot reweigh those considerations.' Maura McInerney, legal director at the Education Law Center, a nonprofit legal advocacy organization dedicated to ensuring access to education, said the decision makes clear that public schools have an obligation to protect children so that incidents such as the one in the lawsuit cannot happen. 'I think the case should send a powerful message to school districts,' McInerney said, adding that the plaintiffs in the case still have to show that the district's actions or omissions have a causal relationship to the assault. Rozzi, who was raped by a priest as a child, drew on his experience as a sexual abuse survivor to champion victims' rights in the General Assembly. In addition to the PSTCA exception, he succeeded in passing laws to extend the statute of limitations for survivors to pursue civil claims against abusers and enablers until age 55. He also won approval of a law to eliminate the criminal statute of limitations for sexual offenses. Before he retired after six terms in the state House last year, Rozzi had also pursued a state constitutional amendment to provide a two-year window for survivors to pursue civil sexual abuse claims, regardless of their age. Although the legislation failed, it was reintroduced this session and passed in the House again Monday. The bill will now be considered in the Senate. Rozzi said the Commonwealth Court ruling would help school districts 'analyze their policies to protect children thoroughly and extensively.' 'It is a matter of life and death, and they are in your hands when they're here in your school,' Rozzi said, adding that a moment of inattention by a school employee could be tragic. 'In that 10 or 15 minutes, that's all it takes for a child to be raped.'
Yahoo
11-05-2025
- Business
- Yahoo
10 Years After the Amtrak Train 188 Deadly Derailment, Trial Lawyers Thomas R. Kline, Robert J. Mongeluzzi, and Benedict P. Morelli Remember the Victims, Urge Enhanced Transportation Safety
PHILADELPHIA, May 11, 2025 (GLOBE NEWSWIRE) -- For most commuters, including passenger rail commuters, Monday, May 12th, will be just another start of the work week. But for many others, especially those who lost family members (eight passengers were killed and more than 200 injured) in the May 12, 2015, Amtrak Train 188 derailment in Philadelphia, Monday marks a solemn 10-year milestone; it will be a day of remembrance, reflection and calls for enhanced transportation safety measures to protect passengers, workers, and the public. Leading Philadelphia trial lawyers Thomas R. Kline, of Kline & Specter, and Robert J. Mongeluzzi, of Saltz Mongeluzzi Bendesky, and their firms jointly represented many of the plaintiffs in the historic litigation that followed the incident, vividly remember that day, and the months and years that followed fighting for justice – in court houses and Congress - and rail safety pause to remember the eight who died in the Amtrak 188 Derailment. May their memory forever be a blessing: (Top Row, left to right) Abid Gilani 55, Virginia, bank executive Dr. Derrick Griffith 42, Brooklyn, NY, dean of student affairs & enrollment management Justin Zemser 20, Queens, NY, Midshipman, U.S. Naval Academy Rachel Jacobs 39, Philadelphia, CEO of a Philadelphia educational software company (Bottom row) Jim Gaines 48, Plainsboro, NJ, Associated Press video software architect Bob Gildersleeve, Jr. 45, Maryland, environmental services company executive Laura Finamore 47, Queens, NY, national real estate company managing director Giuseppe Piras 41, Sardinia, olive oil merchant Mr. Mongeluzzzi said, 'We are honored to have been part of the extraordinary legal team of Saltz Mongeluzzi Bendesky, Kline & Specter and Morelli Law, as we fought for justice for these victims, an increase in the monetary cap on recoveries against Amtrak and the requirement that all Amtrak trains be equipped with positive train control which would have prevented this and many other railroad derailments. That joint effort culminated in a $265 million settlement, the largest recovery in a train accident ever, the raising of the Amtrak cap to $295 million and the accelerated acceptance and installation of positive train control that has and will save countless lives and injuries. However , eight lives were lost forever. The catastrophic injuries many of the survivors suffered will last a lifetime. While the accident and the litigation it spawned may have a positive impact on subsequent train safety , the cost of lives and devastating lifelong injuries came at a steep price. Today we remember these victims and continue our fight to make our world a safer place.' Mr. Kline added, 'On the tenth anniversary of this tragedy, we are thinking of the families and individuals who we represented who suffered unimaginable grief and for so long as a result of this preventable tragedy. We honor the memory of those who were lost, support their families and those still healing, and carry all of their stories of courage, heartbreak, and resilience with us still today. We are hopeful that lessons have been learned and changes implemented to prevent a similar tragedy from ever happening again. Safety in public transportation is paramount, and we will continue to commit ourselves as lawyers to do our part and seeking accountability when it is necessary to do so.' Mr. Morelli, looking back, said, 'The efforts of our three firms were paramount in resolving this litigation, without individual trials, which allowed the victims and their families to get some closure without having to relive the tragedy. We understand that if the money was spent by Amtrak to have Positive Train Control, the accident never would have happened, eight lives never would have been lost, and the other victims' lives never would have been changed forever. We need to continue the fight for safety in public transportation, and to make sure that money over safety does not continue to be Amtrak's legacy.' Daniel Armyn was among the injured plaintiffs-survivors, and he says that 10 years later he is still scarred, physically and emotionally. 'I'm thankful every day to have survived, and that I've mostly recovered from the physical injuries, but the PTSD is still very real and endless,' he said from Brunetti's, his family's Westhampton Beach, Long Island restaurant. 'I think about the derailment whenever I set foot on any form of transportation, or when my wife or our two kids board a plane or a train. My shattered bones mended after months of being homebound, but my then thriving design & advertising business, NewBreed, was fractured. I can never get out of my head that the derailment was preventable." Coverage Note: It is respectfully requested that any interviews, including those with family of victims/survivors, be arranged through the law firm contacts noted below. Contacts: Thomas R. Kline / / 215-407-1360 Robert J. Mongeluzzi / rmongeluzzi@ / 215-850-6571Hank Grezlak / / 215-792-5566Steph Rosenfeld / steph@ / 215-514-4101 Photos accompanying this announcement are available at
Yahoo
11-05-2025
- Business
- Yahoo
10 Years After the Amtrak Train 188 Deadly Derailment, Trial Lawyers Thomas R. Kline, Robert J. Mongeluzzi, and Benedict P. Morelli Remember the Victims, Urge Enhanced Transportation Safety
PHILADELPHIA, May 11, 2025 (GLOBE NEWSWIRE) -- For most commuters, including passenger rail commuters, Monday, May 12th, will be just another start of the work week. But for many others, especially those who lost family members (eight passengers were killed and more than 200 injured) in the May 12, 2015, Amtrak Train 188 derailment in Philadelphia, Monday marks a solemn 10-year milestone; it will be a day of remembrance, reflection and calls for enhanced transportation safety measures to protect passengers, workers, and the public. Leading Philadelphia trial lawyers Thomas R. Kline, of Kline & Specter, and Robert J. Mongeluzzi, of Saltz Mongeluzzi Bendesky, and their firms jointly represented many of the plaintiffs in the historic litigation that followed the incident, vividly remember that day, and the months and years that followed fighting for justice – in court houses and Congress - and rail safety pause to remember the eight who died in the Amtrak 188 Derailment. May their memory forever be a blessing: (Top Row, left to right) Abid Gilani 55, Virginia, bank executive Dr. Derrick Griffith 42, Brooklyn, NY, dean of student affairs & enrollment management Justin Zemser 20, Queens, NY, Midshipman, U.S. Naval Academy Rachel Jacobs 39, Philadelphia, CEO of a Philadelphia educational software company (Bottom row) Jim Gaines 48, Plainsboro, NJ, Associated Press video software architect Bob Gildersleeve, Jr. 45, Maryland, environmental services company executive Laura Finamore 47, Queens, NY, national real estate company managing director Giuseppe Piras 41, Sardinia, olive oil merchant Mr. Mongeluzzzi said, 'We are honored to have been part of the extraordinary legal team of Saltz Mongeluzzi Bendesky, Kline & Specter and Morelli Law, as we fought for justice for these victims, an increase in the monetary cap on recoveries against Amtrak and the requirement that all Amtrak trains be equipped with positive train control which would have prevented this and many other railroad derailments. That joint effort culminated in a $265 million settlement, the largest recovery in a train accident ever, the raising of the Amtrak cap to $295 million and the accelerated acceptance and installation of positive train control that has and will save countless lives and injuries. However , eight lives were lost forever. The catastrophic injuries many of the survivors suffered will last a lifetime. While the accident and the litigation it spawned may have a positive impact on subsequent train safety , the cost of lives and devastating lifelong injuries came at a steep price. Today we remember these victims and continue our fight to make our world a safer place.' Mr. Kline added, 'On the tenth anniversary of this tragedy, we are thinking of the families and individuals who we represented who suffered unimaginable grief and for so long as a result of this preventable tragedy. We honor the memory of those who were lost, support their families and those still healing, and carry all of their stories of courage, heartbreak, and resilience with us still today. We are hopeful that lessons have been learned and changes implemented to prevent a similar tragedy from ever happening again. Safety in public transportation is paramount, and we will continue to commit ourselves as lawyers to do our part and seeking accountability when it is necessary to do so.' Mr. Morelli, looking back, said, 'The efforts of our three firms were paramount in resolving this litigation, without individual trials, which allowed the victims and their families to get some closure without having to relive the tragedy. We understand that if the money was spent by Amtrak to have Positive Train Control, the accident never would have happened, eight lives never would have been lost, and the other victims' lives never would have been changed forever. We need to continue the fight for safety in public transportation, and to make sure that money over safety does not continue to be Amtrak's legacy.' Daniel Armyn was among the injured plaintiffs-survivors, and he says that 10 years later he is still scarred, physically and emotionally. 'I'm thankful every day to have survived, and that I've mostly recovered from the physical injuries, but the PTSD is still very real and endless,' he said from Brunetti's, his family's Westhampton Beach, Long Island restaurant. 'I think about the derailment whenever I set foot on any form of transportation, or when my wife or our two kids board a plane or a train. My shattered bones mended after months of being homebound, but my then thriving design & advertising business, NewBreed, was fractured. I can never get out of my head that the derailment was preventable." Coverage Note: It is respectfully requested that any interviews, including those with family of victims/survivors, be arranged through the law firm contacts noted below. Contacts: Thomas R. Kline / / 215-407-1360 Robert J. Mongeluzzi / rmongeluzzi@ / 215-850-6571Hank Grezlak / / 215-792-5566Steph Rosenfeld / steph@ / 215-514-4101 Photos accompanying this announcement are available at
