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	<title>Lawsuits &#8211; USA NEWS LIVE</title>
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	<title>Lawsuits &#8211; USA NEWS LIVE</title>
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		<title>What&#039;s next for Albertsons after it calls off its $25 billion grocery merger with Kroger: More lawsuits</title>
		<link>https://bloggingthree.soflytech.com/2024/12/whats-next-for-albertsons-after-it-calls-off-its-25-billion-grocery-merger-with-kroger-more-lawsuits/</link>
		
		<dc:creator><![CDATA[chandankumarsoft]]></dc:creator>
		<pubDate>Thu, 12 Dec 2024 12:22:28 +0000</pubDate>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Albertsons]]></category>
		<category><![CDATA[billion]]></category>
		<category><![CDATA[calls]]></category>
		<category><![CDATA[grocery]]></category>
		<category><![CDATA[Kroger]]></category>
		<category><![CDATA[Lawsuits]]></category>
		<category><![CDATA[merger]]></category>
		<category><![CDATA[What39s]]></category>
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					<description><![CDATA[Which supermarkets belong to the 2 corporations? Kroger has 28 subsidiaries with nearly 2,800 supermarketsincluding Harris Teeter, Dillon&#39;s, Smith&#39;s, King Soopers, Fry&#39;s, City Market, Owen&#39;s, JayC, Pay Less, Baker&#39;s Gerbes, Pick&#39;n Save, Metro Market, Mariano&#39;s Fresh Market, QFC, Ralphs and Fred Meyer. Albertsons owns and operates greater than 2,200 supermarkets through its many brands. These [&#8230;]]]></description>
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<h2>Which supermarkets belong to the 2 corporations?</h2>
<p><a href="https://www.thekrogerco.com/about-kroger/history/">Kroger has 28 subsidiaries with nearly 2,800 supermarkets</a>including Harris Teeter, Dillon&#39;s, Smith&#39;s, King Soopers, Fry&#39;s, City Market, Owen&#39;s, JayC, Pay Less, Baker&#39;s Gerbes, Pick&#39;n Save, Metro Market, Mariano&#39;s Fresh Market, QFC, Ralphs and Fred Meyer.</p>
<p><a href="https://www.albertsonscompanies.com/about-aci/overview/default.aspx">Albertsons owns and operates greater than 2,200 supermarkets</a> through its many brands. These include Safeway, Vons, Jewel-Osco, Shaw&#39;s, Acme, Tom Thumb, Randalls, United Supermarkets, Pavilions, Star Market, Haggen, Carrs, Kings Food Market and Balducci&#39;s.  </p>
<p>Kroger and Albertsons also operate supermarkets under their very own names.</p>
<p>Had the merger occurred, it might have been the biggest of its kind in U.S. history and would have affected tens of millions of grocery shoppers.  </p>
<p>To address regulators&#39; concerns, the chains announced a previous to halting the deal in 2023 <a href="https://ir.kroger.com/news/news-details/2023/Kroger-and-Albertsons-Companies-Announce-Comprehensive-Divestiture-Plan-with-CS-Wholesale-Grocers-LLC-in-Connection-with-Proposed-Merger/default.aspx">plan to sell a whole bunch of their supermarkets</a> within the United States to C&#038;S Wholesale Grocers. She <a href="https://ir.kroger.com/news/news-details/2024/Kroger-Albertsons-Companies-and-CS-Wholesale-Grocers-LLC-Announce-an-Updated-and-Expanded-Divestiture-Plan/default.aspx">I updated this plan</a> in 2024 with a promise not to shut any stores. </p>
<h2>Why did Kroger want to amass Albertsons?</h2>
<p>The <a href="https://www.nbcchicago.com/news/business/us-sues-to-halt-merger-of-kroger-and-albertsons-parent-companies-of-marianos-and-jewel-osco/3366312/">The corporations argued that they needed to hitch forces</a> to compete with even larger online and big-box retailers. In recent years, Walmart and Costco have done this <a href="https://www.grocerydive.com/news/kroger-albertsons-merger-2023-pardon-the-disruption/696308/">Gained market share</a>while other chains have remained stable or lost ground.</p>
<p>Companies also feared strong competition from dollar stores, considered one of the <a href="https://www.npr.org/2022/10/14/1129014897/kroger-and-albertsons-plan-merger-to-combine-2-largest-supermarket-chains">fastest growing segments of US retail</a>.</p>
<p>The federal government rejected the merger with the <a href="https://www.ftc.gov/legal-library/browse/cases-proceedings/kroger-companyalbertsons-companies-inc-matter">US Federal Trade Commission lawsuit</a> to dam it. Had the deal passed through, the brand new company would have solidified its position and ensured it had the biggest market share in grocery shopping after Walmart.</p>
<h2>What happened in court?</h2>
<p>In February 2024, the FTC together with <a href="https://www.cbsnews.com/news/kroger-albertsons-ftc-sues-to-block-merger/">Attorneys General</a> The company represents consumers in eight states &#8211; Arizona, California, Illinois, Maryland, Nevada, New Mexico, Oregon and Wyoming &#8211; and filed a federal lawsuit in Oregon to dam the merger. The same goes for the Attorney General of the District of Columbia.</p>
<p>This wasn&#39;t the one legal challenge the merger faced. The <a href="https://www.npr.org/2024/01/15/1224401179/kroger-albertsons-merger-grocery-lawsuit-washington">Washington</a> And <a href="https://coag.gov/2024/colorado-attorney-general-phil-weiser-files-lawsuit-to-block-proposed-kroger-albertsons-merger/">Colorado</a> Both attorneys general filed lawsuits in their very own states to dam the merger.</p>
<p>After hearings in each cases and months of uncertainty, judges in Oregon and Washington issued their rulings.  </p>
<p>U.S. District Court Judge Adrienne Nelson in Portland, Oregon, issued a brief restraining order on December 10 <a href="https://apnews.com/article/kroger-albertsons-merger-court-decision-41263bd9137d5046a642e7d26e98cdfc">blocked the merger</a> until the end result of the executive proceedings before the FTC.</p>
<p>Just a few hours later, <a href="https://www.atg.wa.gov/news/news-releases/judge-blocks-kroger-albertsons-merger-following-ag-ferguson-challenge">Judge Marshall Ferguson in Seattle</a> issued an injunction barring the merger only in Washington state. Both judges concluded that the merger risked significantly restricting competition and that the businesses didn&#8217;t provide sufficient evidence that the merger would help consumers.</p>
<p>“We fight back against mega-monopolies to keep prices down,” Ferguson said. He called the injunction “an important victory for affordability, worker protections and the rule of law.”</p>
<p>Albertsons and Krogers <a href="https://www.promarket.org/2023/11/22/why-the-kroger-albertsons-merger-is-a-mess-for-consumers">plan to outsource branches to C&#038;S</a> didn&#8217;t impress the jury. In addition to finding the divestment inadequate, Nelson concluded that it was “structured in a way that places C&#038;S at a significant disadvantage as a competitor.” </p>
<figure class="align-center zoomable">
<div class="placeholder-container" style="--aspect-ratio-percent:66.71087533156499%;--background-color:#294e56"><img decoding="async" alt="Shoppers are seen in a supermarket." class="lazyload" src="https://images.theconversation.com/files/637981/original/file-20241211-15-jz9y4b.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/637981/original/file-20241211-15-jz9y4b.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/637981/original/file-20241211-15-jz9y4b.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/637981/original/file-20241211-15-jz9y4b.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/637981/original/file-20241211-15-jz9y4b.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/637981/original/file-20241211-15-jz9y4b.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/637981/original/file-20241211-15-jz9y4b.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">A client is seen at a Kroger supermarket in Atlanta in October 2022.</span><br />
              <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/shoppers-are-seen-in-a-kroger-supermarket-on-october-14-in-news-photo/1244106714?adppopup=true">Elijah Nouvelage/AFP via Getty Images</a></span><br />
            </figcaption></figure>
<h2>Albertsons vs. Kroger</h2>
<p>The morning after the Washington and Oregon decisions were released, the deal was dead.</p>
<p>Albertsons announced that it had terminated its merger agreement. <a href="https://www.businesswire.com/news/home/20241211817240/en/Albertsons-Terminates-Merger-Agreement">citing the court decisions</a>.</p>
<p>However, each corporations still face significant legal challenges. Five minutes after announcing its intention to exit the deal, Albertsons issued a second press release announcing this <a href="https://www.businesswire.com/news/home/20241211517822/en/Albertsons-Files-Lawsuit-Against-Kroger-for-Breach-of-Merger-Agreement">filed a lawsuit against Kroger</a>.  </p>
<p>Albertsons said Kroger willfully violated the deal &#8220;by repeatedly refusing to divest assets required for antitrust approval, ignoring feedback from regulators, rejecting stronger divestiture buyers and failing to cooperate with Albertsons.&#8221; The lawsuit seeks substantial damages, including “<a href="https://www.npr.org/2024/12/11/nx-s1-5225411/albertsons-sues-kroger-grocery-supermarket-merger">billion dollars</a>” for lost shareholder value and legal costs, in addition to a $600 million merger termination fee.</p>
<p><a href="https://ir.kroger.com/news/news-details/2024/Kroger-Statement-Responding-to-Albertsons-Baseless-Lawsuit/default.aspx">In response, Kroger said</a> that “Albertson’s allegations are baseless and without merit.”</p>
<p>Albertsons&#39; lawsuit against Kroger continues to be pending <a href="https://courts.delaware.gov/chancery/">Delaware Chancery Court</a>who negotiates many legal business disputes. The criticism stays sealed for now. </p>
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<p><em>image credit : theconversation.com</em></p>
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		<title>Eviction lawsuits can destabilize tenants’ lives – even in the event that they win their case</title>
		<link>https://bloggingthree.soflytech.com/2024/09/eviction-lawsuits-can-destabilize-tenants-lives-even-in-the-event-that-they-win-their-case/</link>
		
		<dc:creator><![CDATA[chandankumarsoft]]></dc:creator>
		<pubDate>Sun, 22 Sep 2024 05:22:23 +0000</pubDate>
				<category><![CDATA[News]]></category>
		<category><![CDATA[case]]></category>
		<category><![CDATA[destabilize]]></category>
		<category><![CDATA[eviction]]></category>
		<category><![CDATA[Lawsuits]]></category>
		<category><![CDATA[Lives]]></category>
		<category><![CDATA[Tenants]]></category>
		<category><![CDATA[win]]></category>
		<guid isPermaLink="false">https://bloggingthree.soflytech.com/?p=15432</guid>

					<description><![CDATA[After Charla&#39;s landlord didn&#8217;t fix leaks that caused the ceiling to collapse in her daughter&#39;s bedroom, she withheld her rent. Shortly thereafter, her landlord filed an eviction suit against her for nonpayment. Although she won the case, Charla and her family needed to proceed living in unsafe conditions while she searched for brand new housing [&#8230;]]]></description>
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<p>After Charla&#39;s landlord didn&#8217;t fix leaks that caused the ceiling to collapse in her daughter&#39;s bedroom, she withheld her rent. Shortly thereafter, her landlord filed an eviction suit against her for nonpayment. </p>
<p>Although she won the case, Charla and her family needed to proceed living in unsafe conditions while she searched for brand new housing and was repeatedly rejected. She says she spent at the least $2,000 on unsuccessful application fees. </p>
<p>“If we&#8217;re on the lookout for a brand new apartment, we cannot try this because we&#8217;ve got [filings] in our records, and that&#8217;s fallacious,&#8221; said Charla, a pseudonym. &#8220;I won [my] Case&#8230; It&#39;s still following me. Why?&#8221;</p>
<p>We are researchers who study <a href="https://www.evictionmachine.org/research">Housing policy and eviction</a>. Our <a href="https://www.urbanh3.com/_files/ugd/9d463d_6517025d2feb407f86473c5006da1484.pdf">current research</a> documents the far-reaching <a href="https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1202&#038;context=njlsp">extra costs</a> of eviction lawsuits for 29 Pennsylvania tenants who experienced the “best-case scenario” in court. </p>
<p>Every tenant in our study had legal representation and their case was settled with a termination, withdrawal, or victory. None received an eviction notice in court. We asked the tenants in our study to explain the prices and losses that they had incurred since their landlord filed the eviction suit. </p>
<p>We have found that evictions – whatever the consequence of a tenant’s legal process – end in immediate and long-term housing instability, lack of income and job insecurity, damage to physical and mental health, and strained relationships with family and friends.</p>
<h2>Permanent stains on tenant documents</h2>
<p>Rising rents and stagnating wages have led to evictions <a href="https://academic.oup.com/sf/article/100/1/316/5903878">Routine process</a> for poor and working-class renters. In 2023, Pennsylvania residents needed to pay the equivalent of <a href="https://nlihc.org/sites/default/files/oor/Pennsylvania_2023_OOR.pdf">130 hours</a> per week on the minimum wage to find a way to afford the typical cost of renting a two-room apartment.</p>
<p>After a major decline in eviction filings resulting from pandemic-era programs, filing rates in Pennsylvania <a href="https://evictionlab.org/eviction-tracking/pennsylvania/">back to pre-pandemic levels</a>In 2023, landlords submitted <a href="https://housingalliancepa.org/102686-2/">greater than 114,000 cases</a> against tenants in Pennsylvania. That corresponds to 7 out of 100 renter households. </p>
<p>When a landlord files an eviction suit against a tenant, the court creates a public record. In Pennsylvania, these records remain public indefinitely—even when the records <a href="https://doi.org/10.1080/10511482.2020.1748084">incomplete or inaccurate</a>the case never goes to court or the tenant wins in court. </p>
<p>Our research confirms that simply being named in an eviction notice is sufficient to <a href="https://www.bu.edu/bulawreview/files/2023/04/PAPPOE.pdf">leaves a everlasting stain</a> in a tenant&#39;s record that has lasting consequences for his or her well-being.</p>
<h2>Future rental applications rejected</h2>
<p>Landlords’ registration and screening practices are exacerbating the impact of Pennsylvania’s housing crisis and making it difficult for tenants with <a href="https://www.policylink.org/resources-tools/advancing-pennsylvania-housing-futures">Eviction documents</a> to search out protected, adequate and reasonably priced accommodation for his or her families.</p>
<p>More and more research results show the increasing dependence of landlords on third parties <a href="https://georgetownlawtechreview.org/locked-out-how-algorithmic-tenant-screening-exacerbates-the-eviction-crisis-in-the-united-states/GLTR-02-2022/">Tenant screening algorithms</a> and web research for application <a href="https://doi.org/10.1080/10511482.2022.2113815">blanket denials</a> of applicants with eviction orders. </p>
<p>In our study, 8 out of 10 participants said their eviction filing limited their future housing options. Nearly two-thirds of participants who moved after filing for eviction said a possible landlord asked for his or her eviction record, and over half said a landlord specifically denied their application due to it.</p>
<p>&#8220;[A] &#8220;Many people don&#39;t even wish to hear your history. They just see that you simply&#39;ve been to court and think you&#39;re going to be an issue,&#8221; said one other study participant.</p>
<p>Because evictions within the USA are <a href="http://dx.doi.org/10.15195/v7.a27">disproportionately levied against black and Latino women</a> And <a href="https://www.nytimes.com/2023/10/02/upshot/evictions-children-american-renters.html">Households with children</a>Tenant screening practices that blacklist applicants based on eviction records <a href="https://www.aclu.org/news/womens-rights/unfair-eviction-screening-policies-are-disproportionately">Maintaining discrimination within the housing market</a> by denying these groups access to future housing.</p>
<figure class="align-center zoomable">
<div class="placeholder-container" style="--aspect-ratio-percent:56.233421750663126%;--background-color:#4c362b"><img decoding="async" alt="Aerial view of rows of colorful terraced houses" class="lazyload" src="https://images.theconversation.com/files/618893/original/file-20240911-16-60v307.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/618893/original/file-20240911-16-60v307.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=338&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/618893/original/file-20240911-16-60v307.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=338&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/618893/original/file-20240911-16-60v307.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=338&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/618893/original/file-20240911-16-60v307.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=424&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/618893/original/file-20240911-16-60v307.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=424&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/618893/original/file-20240911-16-60v307.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=424&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">In 2023, 7% of renter households in Pennsylvania faced an eviction notice.</span><br />
              <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/photo/colorful-row-houses-in-redding-pa-royalty-free-image/1370566603">Halbergman/E+ Collection via Getty Images</a></span><br />
            </figcaption></figure>
<h2>Cycle of instability</h2>
<p>Although participants in our study didn&#8217;t receive eviction orders in court, the bulk reported that after filing their eviction petition, they were forced to maneuver out for reasons beyond their control. Most attributed this to their landlords&#39; failure to make repairs, which rendered their apartments uninhabitable.</p>
<p><a href="https://www.inquirer.com/philly-tips/witholding-rent-pennsylvania-20200910.html">State laws</a> Give tenants the chance to withhold rent if their apartment is uninhabitable and protect them from <a href="https://digitalcommons.law.ou.edu/cgi/viewcontent.cgi?article=1141&#038;context=olr">Retaliatory evictions</a> Yet one in 4 Pennsylvania renters in our study faced eviction for withholding rent for repairs. </p>
<p>Charla said she developed stress-related ailments and was repeatedly hospitalized after filing her eviction petition. </p>
<p>Landlords &#8220;put us in situations where we have to move out because they don&#39;t want to do repairs. Then they sue us and try to make it look like it&#39;s all our fault,&#8221; she explained. &#8220;The system has failed us.&#8221;</p>
<p>A variety of circumstances led to participants being evicted. Some faced ongoing pandemic-related hardships, similar to job loss, reduced work hours, and the death of family members. Others needed to take care of <a href="https://ssrn.com/abstract=2942106">uninhabitable conditions</a>including lack of heating, running water and mold. In some cases, tenants described <a href="https://doi.org/10.1177/0891243208317827">sexually harassed or intimidated</a> from their landlords. Some experienced <a href="https://doi.org/10.1111/cico.12387">Serial lawsuit for forced eviction</a>because her landlord had filed several eviction lawsuits against her for a similar property. </p>
<p>In other words, there was often way more behind the tenants&#39; stories than simply the outstanding payment of rent.</p>
<p>About half of the tenants who moved out after being evicted reported a subsequent period of homelessness. </p>
<p>The desperate need for a stable place to live led some landlords to just accept substandard conditions while renting to them despite their history. This is consistent with previous research showing that landlords’ eviction practices and constructing code violations put tenants in <a href="https://doi.org/10.1111/1745-9125.12332">Housing and district of last refuge</a> it might probably be <a href="https://scholarship.law.ua.edu/cgi/viewcontent.cgi?article=1130&#038;context=fac_articles">harmful to health and well-being</a>.</p>
<p>Our research also found that tenants who&#8217;ve already filed an eviction notice are sometimes hesitant to claim their right to livable housing. For example, 43% of participants reported that they&#8217;re less willing to commit to repairs after their eviction notice.</p>
<h2>Efforts to seal eviction documents</h2>
<p>Due to the severity of the <a href="https://evictionlab.org/eviction-tracking/">Eviction crisis</a> within the USA, significant <a href="https://doi.org/10.1080/10511482.2020.1748084">Inaccuracies within the eviction court data</a> and widespread use of <a href="https://housingmatters.urban.org/articles/how-tenant-screening-services-disproportionately-exclude-renters-color-housing">Tenant screening</a> Services, at the least <a href="https://nlihc.org/sites/default/files/AG-2024/7-2_Eviction-Record-Sealing-and-Expungement.pdf">12 states</a>including <a href="https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160AB2819&#038;showamends=false">California</a>, <a href="https://leg.colorado.gov/sites/default/files/2020a_1009_signed.pdf">Colorado</a> And <a href="https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2019orlaw0351.pdf">Oregon</a>restrict public access to eviction records or regulate how landlords can take eviction history into consideration when making rental decisions.</p>
<p>Because tenant screening firms can collect details from eviction records once the knowledge is public, <a href="https://www.doi.org/10.2307/20455760">Legal scholar</a> and organizations similar to the <a href="https://www.americanbar.org/groups/legal_aid_indigent_defense/sclaid-task-force-on-eviction--housing-stability--and-equity/guidelines-eviction/">American Bar Association</a>, <a href="https://nlihc.org/sites/default/files/AG-2024/7-2_Eviction-Record-Sealing-and-Expungement.pdf">National Coalition for Low-Income Housing</a> And <a href="https://www.networkforphl.org/wp-content/uploads/2021/05/Fact-Sheet-Limiting-Public-Access-to-Eviction-Records.pdf">Network for Public Health Law</a> have really helpful laws that routinely and permanently seal eviction records on the time of filing to preserve the confidentiality of the knowledge.</p>
<p>With support from <a href="https://www.policylink.org/webinars/advancing-pennsylvania_4-19-24">Housing justice advocates</a>Pennsylvania politicians are considering laws to seal eviction records, but are facing <a href="https://www.publicsource.org/eviction-landlord-tenant-records-public-access-pennsylvania-pittsburgh/">Resistance from the owner lobby</a>.</p>
<p>Just like Pennsylvania’s <a href="https://clsphila.org/highlights/clean-slate-2/">Clean slate laws</a>passed in 2018 has increased access to housing and economic opportunity for individuals with criminal records. Sealing eviction records can remove unfair barriers for individuals with eviction records. We imagine this can be a essential first step to advertise the access to protected and stable housing that every one Pennsylvanians deserve.</p>
</p></div>
<p><em>image credit : theconversation.com</em></p>
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		<title>Given the specter of further lawsuits, should politicians have the correct to sue for defamation?</title>
		<link>https://bloggingthree.soflytech.com/2024/08/given-the-specter-of-further-lawsuits-should-politicians-have-the-correct-to-sue-for-defamation/</link>
		
		<dc:creator><![CDATA[chandankumarsoft]]></dc:creator>
		<pubDate>Mon, 19 Aug 2024 18:26:11 +0000</pubDate>
				<category><![CDATA[Politics]]></category>
		<category><![CDATA[defamation]]></category>
		<category><![CDATA[Lawsuits]]></category>
		<category><![CDATA[politicians]]></category>
		<category><![CDATA[sue]]></category>
		<category><![CDATA[threat]]></category>
		<guid isPermaLink="false">https://bloggingthree.soflytech.com/?p=12408</guid>

					<description><![CDATA[Senator Linda Reynolds from Western Australia is already involved in a tricky defamation battle against her former worker Brittany Higgins. Now Opposition Leader Peter Dutton is reportedly is considering a lawsuit independent MP Zali Steggall to she told him “Stop being racist.” It is not any longer possible to disregard the remarkable enthusiasm which our [&#8230;]]]></description>
										<content:encoded><![CDATA[<p></p>
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<p>Senator Linda Reynolds from Western Australia is already <a href="https://www.theguardian.com/law/article/2024/aug/19/linda-reynolds-brittany-higgins-defamation-trial-fiona-brown-ntwnfb">involved</a> in a tricky defamation battle against her former worker Brittany Higgins. Now Opposition Leader Peter Dutton is reportedly <a href="https://www.skynews.com.au/australia-news/politics/peter-dutton-to-seek-legal-advice-after-zali-steggall-called-him-racist/video/9ce7c850f30fb1bd324831f2ec2f21b5">is considering a lawsuit</a> independent MP Zali Steggall to <a href="https://www.smh.com.au/politics/federal/steggall-brands-dutton-a-bully-amid-spectre-of-legal-action-20240819-p5k3ez.html">she told him</a> “Stop being racist.”</p>
<p>It is not any longer possible to disregard the remarkable enthusiasm which our political class has shown in its response to real or perceived insults, including some who invoke freedom of speech while denigrating others, to defamation suits.</p>
<p>It isn&#8217;t a great image when the powerful sue the less powerful. It is especially bad for a democracy when politicians who haven&#8217;t only power but additionally privileged access to communication platforms use legal means which can be more likely to bankrupt all but essentially the most well-resourced defendants.</p>
<h2>The freedom to specific one’s opinion</h2>
<p><a href="https://pages.eiu.com/rs/753-RIQ-438/images/Democracy-Index-2023-Final-report.pdf">Flawed democracies</a> like Singapore are rightly <a href="https://link.springer.com/chapter/10.1007/978-981-99-5467-4_4">sentenced</a> to make use of defamation law and compliant courts against political dissidents. </p>
<p>While the situation in Australia is less problematic, our defamation laws have historically favored an individual&#39;s status over freedom of expression.</p>
<figure>
<p><iframe title="Dutton condemned for Gaza refugee stand | ABC News" width="1170" height="658" src="https://www.youtube.com/embed/TY3BIwo8rsc?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
</figure>
<p>An often cited case in contrast is the United States, where politicians and other public figures can only achieve a libel suit in the event that they prove that the publisher knew that the authors were spreading a falsehood or that he was reckless (very negligent) with regard to the reality.</p>
<p>Expressions of opinion – corresponding to that Donald Trump is a racist – practically never violate the law. In the words of the <a href="https://supreme.justia.com/cases/federal/us/314/252/">Supreme Court of the United States</a>:</p>
<blockquote>
<p>It is a cherished American privilege to have the opportunity to specific one&#39;s opinion on all public institutions, even when it will not be at all times done with perfect taste.</p>
</blockquote>
<p>The US approach is predicated on the <a href="https://supreme.justia.com/cases/federal/us/274/357/">classical liberal idea</a> that “the best cure for bad advice is good advice”: freedom of expression needs to be fundamentally free, and a public debate within the marketplace of ideas will sort out right from improper.</p>
<h2>Conditions for freedom of expression</h2>
<p>The argument without cost speech without guardrails may lose traction in a post-factual world. Many modern listeners, whether or not they wish to or not, occupy echo chambers and filter bubbles by which prejudices are reinforced moderately than challenged.</p>
<p>It is sort of as if the Supreme Court of Australia had foreseen this in <a href="https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1997/25.html">a defamation case from 1997</a> It found that the Australian Constitution doesn&#8217;t prescribe complete freedom of political communication. Reasonable limits are appropriate because widespread, irresponsible political communication can damage the country&#39;s political fabric.</p>
<hr>
<hr>
<p>Although the High Court concluded <a href="https://www8.austlii.edu.au/cgi-bin/viewdoc/au/journals/SydLawRw/2005/2.html">Text interpretation</a> The Court&#39;s position is predicated on constitutional considerations moderately than deeper philosophical considerations; moderately, it reflects modern fascinated about how free speech needs to be regulated in a democracy.</p>
<p>But the political appetite for defamation litigation on this country suggests that the law has not yet struck the correct balance.</p>
<h2>The purpose of the defamation law</h2>
<p><a href="https://www.smh.com.au/politics/nsw/business-owner-can-t-sue-over-one-star-google-review-judge-rules-20230124-p5cf05.html">Recent reforms</a> In the realm of ​​defamation law, an attempt has been made to forestall frivolous claims by introducing a minimum requirement of significant injury to status. Perhaps a greater approach would have been to assume that defamation is trivial.</p>
<p>Unlike other civil torts, which regularly lead to personal injury or property damage, the consequences of defamation on an individual&#39;s status are intangible.</p>
<p>A wrongfully damaged status can normally be restored by a public apology and correction, perhaps accompanied by a small amount of compensation for hurt feelings and to forestall further defamation.</p>
<p>It is due to this fact a mystery why courts and legislators have allowed defamation cases to turn into among the most complex and expensive civil suits of all, and why damages <a href="https://www.bbc.com/news/world-australia-48379980">so big</a>. </p>
<p>A case that pulls plenty of attention can easily <a href="https://www.theguardian.com/australia-news/2024/apr/24/bruce-lehrmann-defamation-trial-legal-costs-channel-10-brittany-higgins-rape-allegation-ntwnfb">Millions of dollars</a> in legal costs on either side that dwarf the ultimate compensation, which could itself amount to a whole lot of hundreds of dollars.</p>
<figure class="align-center zoomable">
<div class="placeholder-container" style="--aspect-ratio-percent:66.71087533156499%;--background-color:#4d312a"><img decoding="async" alt="A man in a suit speaks to a media crowd" class="lazyload" src="https://images.theconversation.com/files/614191/original/file-20240819-17-sstzj7.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/614191/original/file-20240819-17-sstzj7.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/614191/original/file-20240819-17-sstzj7.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/614191/original/file-20240819-17-sstzj7.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=400&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/614191/original/file-20240819-17-sstzj7.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/614191/original/file-20240819-17-sstzj7.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/614191/original/file-20240819-17-sstzj7.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=503&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">A judge awarded Geoffrey Rush several million dollars after Rush successfully sued him for defamation.</span><br />
              <span class="attribution"><a class="source" href="https://photos.aap.com.au/search/20190411001394687555">Paul Braven/AAP</a></span><br />
            </figcaption></figure>
<p>Taiwan offers a useful contrast. Politicians can sue for defamation there, however the procedures are relatively easy and the damages <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2668444">much smaller</a> – one could say, in proportion to the damage caused.</p>
<p>In each approaches, the successful party to the lawsuit – be it the publisher or the person whose status has suffered – is rehabilitated. And that&#8217;s precisely what it&#8217;s about.</p>
<p>Where only the rich can afford to claim their rights and where the defence of 1&#39;s own status takes a back seat to the dissemination of complaints, the punishment of opponents and the enrichment of lawyers, defamation law is dysfunctional.</p>
<h2>Should politicians sue?</h2>
<p>It is typically said that politicians mustn&#8217;t have the opportunity to sue for defamation in any respect because they themselves can say whatever they need under the protection of the law. <a href="https://www.aph.gov.au/about_parliament/house_of_representatives/powers_practice_and_procedure/00_-_infosheets/infosheet_5_-_parliamentary_privilege#:%7E:text=What%20is%20parliamentary%20privilege%3F,the%20law%20of%20the%20Commonwealth.">parliamentary privilege</a>immune from defamation and other speech laws.</p>
<p>Parliamentarians enjoy this protection, but their personal profit is secondary. Parliamentary immunity, like judicial immunity, exists because the character of democratic (and judicial) deliberations requires that anything might be said.</p>
<p>If a politician leaves Parliament and repeats a defamatory statement he first made inside Parliament, he risks being sued. <a href="https://www.abc.net.au/news/2021-03-03/sarah-hanson-young-david-leyonhjelm-defamation-appeal/13210042">David Leyonhjelm</a> I learned this the hard way and <a href="https://www.smh.com.au/politics/federal/steggall-brands-dutton-a-bully-amid-spectre-of-legal-action-20240819-p5k3ez.html">Steggall</a> also can.</p>
<p>It is affordable that politicians must also have the correct to sue for defamation. But these rights should be consistent with what is suitable in a democratic society.</p>
<p>One option to make defamation law more consistent with democratic expectations is perhaps to return cases to state courts and restore a crucial role to juries. <a href="https://www.smh.com.au/national/the-death-of-juries-and-the-rise-of-blockbuster-federal-court-defamation-trials-20240125-p5ezyv.html">overwhelming majority</a> of the cases are brought before the Federal Court, where they&#8217;re decided by a single judge.</p>
<p>When a public figure claims that his or her status has been damaged within the eyes of the general public, we must always test that factual claim with members of that public under judicial supervision. That might provide a welcome dose of common sense.</p>
</p></div>
<p><em>image credit : theconversation.com</em></p>
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		<title>Johnson &#038; Johnson can pay $6.5 billion to settle nearly all talc lawsuits over ovarian cancer within the United States</title>
		<link>https://bloggingthree.soflytech.com/2024/05/johnson-johnson-can-pay-6-5-billion-to-settle-nearly-all-talc-lawsuits-over-ovarian-cancer-within-the-united-states/</link>
		
		<dc:creator><![CDATA[chandankumarsoft]]></dc:creator>
		<pubDate>Tue, 07 May 2024 07:38:31 +0000</pubDate>
				<category><![CDATA[Health]]></category>
		<category><![CDATA[billion]]></category>
		<category><![CDATA[cancer]]></category>
		<category><![CDATA[Johnson]]></category>
		<category><![CDATA[Lawsuits]]></category>
		<category><![CDATA[ovarian]]></category>
		<category><![CDATA[pay]]></category>
		<category><![CDATA[settle]]></category>
		<category><![CDATA[States]]></category>
		<category><![CDATA[talc]]></category>
		<category><![CDATA[United]]></category>
		<guid isPermaLink="false">https://bloggingthree.soflytech.com/?p=2779</guid>

					<description><![CDATA[Johnson &#038; Johnson announced Wednesday that the corporate plans to pay $6.5 billion over 25 years to settle nearly the entire hundreds of lawsuits within the U.S. alleging that its talc-based products cause ovarian cancer until the plaintiffs received consent. These cases have caused financial and public relations problems for J&#038;J for a long time, [&#8230;]]]></description>
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<div class="InlineVideo-inlineThumbnailContainer"><img decoding="async" class="InlineVideo-videoThumbnail" src="https://image.cnbcfm.com/api/v1/image/107408640-17145621501714562147-34345465475-1080pnbcnews.jpg?v=1714562149&#038;w=750&#038;h=422&#038;vtcrop=y" alt="Johnson &#038; Johnson will pay $6.5 billion to settle nearly all talc lawsuits over ovarian cancer in the United States"><span class="InlineVideo-videoButton"></span><span></span></div>
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<p><span class="QuoteInBody-quoteNameContainer" data-test="QuoteInBody" id="RegularArticle-QuoteInBody-1">Johnson &#038; Johnson<span class="QuoteInBody-inlineButton"><span class="AddToWatchlistButton-watchlistContainer" id="-WatchlistDropdown" data-analytics-id="-WatchlistDropdown"><button class="AddToWatchlistButton-watchlistButton" aria-label="Add To Watchlist" data-testid="dropdown-btn"><span class="AddToWatchlistButton-addWatchListFromTag"></span></button></span></span></span>    announced Wednesday that the corporate plans to pay $6.5 billion over 25 years to settle nearly the entire hundreds of lawsuits within the U.S. alleging that its talc-based products cause ovarian cancer until the plaintiffs received consent.</p>
<p>These cases have caused financial and public relations problems for J&#038;J for a long time, as the corporate claims that is the case with its now-discontinued talc baby powder and other talc products <a href="https://www.jnj.com/our-products/the-facts-about-talc-safety#:~:text=JOHNSON's%20talc%20products%20do%20not,required%20to%20be%20asbestos%2Dfree." target="_blank" rel="noopener">secure</a> for consumers.  Approximately 99% of talc-related lawsuits filed against J&#038;J and its subsidiaries are as a result of ovarian cancer. </p>
<p>The company took a charge of about $2.7 billion in the primary quarter to extend its provision for talc losses to about $11 billion.</p>
<p>The deal, subject to plaintiff approval, would allow J&#038;J to resolve the lawsuits through a 3rd bankruptcy filing by a subsidiary, LTL Management.<strong> </strong>Courts have rejected J&#038;J&#39;s two previous attempts to resolve the lawsuits through the bankruptcy of that subsidiary, which was created to take over the corporate&#39;s talc liabilities.</p>
<p>J&#038;J will begin a three-month voting period for plaintiffs in hopes of reaching the required 75% support threshold for a bankruptcy settlement that will completely end the litigation and forestall future lawsuits.  Filers didn&#8217;t have the chance to vote in LTL Management&#39;s previous bankruptcy cases, J&#038;J executives said on a call with investors on Wednesday.</p>
<p>J&#038;J has the “significant support of the overwhelming majority of plaintiffs” based on discussions with their attorneys or representatives, the executives added.</p>
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<p>“We firmly believe that this plan is in the best interests of the applicants and should receive positive and immediate confirmation from the bankruptcy court,” Erik Haas, global vp of litigation at J&#038;J, said throughout the call.</p>
<p>He claimed that the settlement represents much better compensation for the plaintiffs than can be the case in a lawsuit.</p>
<p>“As this track record shows, most warehouse plaintiffs have not recovered their claims and are not expected to ever recover anything in court,” Haas said.  “At the rate at which use cases have been litigated, it would take decades to litigate the remaining cases, meaning most plaintiffs will never see their day in court.”</p>
<p>Still, litigation has resulted in some serious verdicts for plaintiffs.  This includes one <a href="https://www.reuters.com/legal/government/us-supreme-court-declines-hear-jj-appeal-over-2-billion-baby-powder-judgment-2021-06-01/" target="_blank" rel="noopener">roughly $2 billion</a> Award benefiting 22 women who blamed asbestos in J&#038;J talc products for his or her ovarian cancer.</p>
<p>Shares of J&#038;J closed greater than 4% higher on Wednesday.</p>
<p>J&#038;J said the remaining pending lawsuits relate to a rare variety of cancer called mesothelioma and can be addressed outside of the brand new settlement plan.  The pharmaceutical giant said it has already settled 95% of the mesothelioma lawsuits filed up to now.</p>
<p>J&#038;J noted Wednesday that it had arrived “finally and comprehensively.”<a href="https://www.wsj.com/business/johnson-johnson-to-pay-700-million-to-settle-baby-powder-probe-307c4416" target="_blank" rel="noopener"> settlements</a> solve one<a href="https://d18rn0p25nwr6d.cloudfront.net/CIK-0000200406/a0c68a93-e699-45d6-b3e7-311e8f9c43bb.pdf" target="_blank" rel="noopener"> Investigation</a> by a coalition of greater than 40 states in claims the corporate misled patients about it <a href="https://www.jnj.com/our-products/the-facts-about-talc-safety#:~:text=JOHNSON's%20talc%20products%20do%20not,required%20to%20be%20asbestos%2Dfree." target="_blank" rel="noopener">Security</a> its talc baby powder and other talc-based products.</p>
<p>The Company has also reached an agreement in principle to resolve claims by suppliers of its talc, which include Imerys Talc America, Cyprus Mines Corporation and their related parties.</p>
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		<title>Lawsuits by teachers over forced grade inflation won&#039;t fix unfair grades &#8211; here&#039;s what could</title>
		<link>https://bloggingthree.soflytech.com/2024/04/lawsuits-by-teachers-over-forced-grade-inflation-wont-fix-unfair-grades-heres-what-could/</link>
		
		<dc:creator><![CDATA[chandankumarsoft]]></dc:creator>
		<pubDate>Wed, 24 Apr 2024 04:08:29 +0000</pubDate>
				<category><![CDATA[News]]></category>
		<category><![CDATA[fix]]></category>
		<category><![CDATA[forced]]></category>
		<category><![CDATA[grade]]></category>
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		<category><![CDATA[teachers]]></category>
		<category><![CDATA[unfair]]></category>
		<category><![CDATA[won39t]]></category>
		<guid isPermaLink="false">https://bloggingthree.soflytech.com/?p=1407</guid>

					<description><![CDATA[After Toni Ognibene, a highschool chemistry teacher, refused to provide some students grades they didn&#39;t deserve sued the Clovis Unified School District in California for alleged retaliation against her. The lawsuit was filed in December 2023. In 2020, Michael Ramsaroop, a teacher on the Academy of Hospitality and Tourism High School in Brooklyn, New York, [&#8230;]]]></description>
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<p>After Toni Ognibene, a highschool chemistry teacher, refused to provide some students grades they didn&#39;t deserve <a href="https://www.spokesman.com/stories/2023/dec/07/california-teacher-alleges-in-lawsuit-that-boss-pr/">sued the Clovis Unified School District</a> in California for alleged retaliation against her.  The lawsuit was filed in December 2023.</p>
<p>In 2020, Michael Ramsaroop, a teacher on the Academy of Hospitality and Tourism High School in Brooklyn, New York, <a href="https://casetext.com/case/ramsaroop-v-the-dept-of-educ-of-city-of-new-york">sued his principal</a>his union and town&#39;s Department of Education after he was fired following a series of disputes that began when he refused to alter his students&#39; grades.</p>
<p>In 2018, fifth grade teacher Sheri Mimbs <a href="https://www.law.com/dailyreportonline/almID/1652241690GAS21G1005/">sued Henry County Schools in Georgia</a>.  She claimed she was fired in 2017 because she objected to the deputy principal&#39;s order to alter a series of zeros she reported for missing student assignments.  She claims the district has a policy that claims a 60% failing grade is the bottom possible rating a student can receive on a given task or exam.</p>
<p>Ognibene, Ramsaroop and Mimbs are amongst a growing group of teachers rebelling against grade-changing orders — and filing federal lawsuits on the grounds that they were disciplined for his or her refusals or protests.</p>
<p>They oppose policies that seek to calm down grading standards, pass failing students, and institute minimum grade policies—for instance, policies that require all students to receive a grade of no less than “D,” or 60%.  Educators claim these are dishonest and unfair practices that misrepresent students&#39; true academic achievements. </p>
<p>As an academic scientist <a href="https://campus.und.edu/directory/laura.link">who studies assessment practices</a>I view these lawsuits as evidence that some districts are undermining teacher autonomy and disregarding the importance of accurate grades.  I&#8217;m also aware that in lots of cases the administration tries to correct unfair reviews itself.</p>
<p>I imagine the system needs serious reform and I even have some ideas.</p>
<h2>Complaints about “grade inflation”</h2>
<p>Despite the differences in geography, subject material, and grade level, all of those complaints are the identical. </p>
<p>Ognibene said she received a proper “memorandum of concern” after repeatedly resisting pressure to enhance her students’ grades.  “I didn’t want to do it, but since I was against it on ethical and moral grounds, my qualifications were in jeopardy,” Ognibene said <a href="https://www.spokesman.com/stories/2023/dec/07/california-teacher-alleges-in-lawsuit-that-boss-pr/">Sacramento Bee</a>.  Your lawsuit is pending.</p>
<p>Ramsaroop claims that his refusal to extend grades sparked a series of disputes that led to his dismissal in 2017.  The principal “created a hostile work environment based on his age and seniority at the academy…in retaliation for his opposition to falsifying student grades.” <a href="https://casetext.com/case/ramsaroop-v-the-dept-of-educ-of-city-of-new-york">the lawsuit claims</a>.  Ramsaroop&#39;s lawsuit was dismissed in 2022. </p>
<figure class="align-center ">
<div class="placeholder-container" style="--aspect-ratio-percent:100.79575596816977%;--background-color:#a67859"><img decoding="async" alt="A teacher hands a student a paper with a bad grade." class="lazyload" src="https://images.theconversation.com/files/589258/original/file-20240419-20-9fkkwe.jpg?ixlib=rb-4.1.0&#038;rect=24%2C6%2C4117%2C4148&#038;q=45&#038;auto=format&#038;w=754&#038;fit=clip" srcset="https://images.theconversation.com/files/589258/original/file-20240419-20-9fkkwe.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=600&#038;h=600&#038;fit=crop&#038;dpr=1 600w, https://images.theconversation.com/files/589258/original/file-20240419-20-9fkkwe.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=600&#038;h=600&#038;fit=crop&#038;dpr=2 1200w, https://images.theconversation.com/files/589258/original/file-20240419-20-9fkkwe.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=600&#038;h=600&#038;fit=crop&#038;dpr=3 1800w, https://images.theconversation.com/files/589258/original/file-20240419-20-9fkkwe.jpg?ixlib=rb-4.1.0&#038;q=45&#038;auto=format&#038;w=754&#038;h=754&#038;fit=crop&#038;dpr=1 754w, https://images.theconversation.com/files/589258/original/file-20240419-20-9fkkwe.jpg?ixlib=rb-4.1.0&#038;q=30&#038;auto=format&#038;w=754&#038;h=754&#038;fit=crop&#038;dpr=2 1508w, https://images.theconversation.com/files/589258/original/file-20240419-20-9fkkwe.jpg?ixlib=rb-4.1.0&#038;q=15&#038;auto=format&#038;w=754&#038;h=754&#038;fit=crop&#038;dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></div><figcaption>
              <span class="caption">Some teachers are taking to court to defend themselves against attempts to “falsify” grades.</span><br />
              <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/photo/teacher-handing-paper-to-student-with-d-minus-grade-royalty-free-image/88620881?phrase=teacher+grades&#038;adppopup=true">Monashee Frantz via Getty Images</a></span><br />
            </figcaption></figure>
<p>Likewise, Mimbs claimed in 2018 that she was fired for protesting an administrative directive to not award grades below 60%.  The case was dismissed on technical grounds. <a href="https://law.justia.com/cases/georgia/court-of-appeals/2022/a21a0327.html">was revived</a> by the Supreme Court of Georgia in 2022. It remains to be pending.  Meanwhile, Mimbs says <a href="https://www.wsbtv.com/news/local/henry-county/former-teacher-speaks-out-says-she-was-fired-giving-students-grades-they-didnt-deserve/2TWACHX3WNCAVHISHYK2IUPI3U/">she didn&#8217;t make it</a> to seek out a job as a teacher since her dismissal.</p>
<p>If teachers give their students grades they don&#39;t deserve, &#8220;how do we know when kids are failing or doing well?&#8221; Mimbs <a href="https://www.wsbtv.com/news/local/henry-county/former-teacher-speaks-out-says-she-was-fired-giving-students-grades-they-didnt-deserve/2TWACHX3WNCAVHISHYK2IUPI3U/">WSB-TV asked</a> in Atlanta.</p>
<p>This is a crucial query.  Grades remain the first basis for essential decisions about students.  They determine a student&#39;s promotion, honors status, and enrollment in advanced or remedial classes.  They take special education services and college admissions into consideration.  Parents use grades to reward their child or determine if support, akin to tutoring, is required.</p>
<p>Everyone involved &#8211; the varsity, the teacher, the coed in query, their classmates and colleges &#8211; suffer damage when grades are poor <a href="https://doi.org/10.1080/0969594X.2018.1555515">inaccurate, inflated and unjustified</a>. </p>
<h2>Research shows that bias and inequality in grading are real</h2>
<p>However, there are serious concerns about how grading works.  As I wrote for The Conversation in March 2023, there may be also a wave of litigation involving students and fogeys across the United States <a href="https://gradingrx.com/are-your-grading-policies-legally-sound/">Sue schools</a> They consider overvaluation systems to be unfair and inappropriate.</p>
<p>While teacher autonomy is one <a href="https://uknowledge.uky.edu/edp_facpub/53/">fundamental tradition in education</a>my research shows that it results in this too <a href="https://eric.ed.gov/?id=EJ1168160">Inconsistency, unfairness and even unreliability</a>.  For example, what one teacher considers to be a high-quality task or work could be very different from one other.  Teachers often incorporate elements of student behavior, akin to effort and participation, into the grades they assign.</p>
<p>I argue that conflating students&#39; behavior with their academic performance distorts the meaning of grades and reduces their academic rigor.  Students of Color <a href="https://gradingrx.com/how-traditional-grading-contributes-to-student-inequalitiesand-how-to-fix-it/">can worsen grades</a> Studies show that teachers&#39; implicit biases influence the best way they consider behavioral aspects when assigning grades.</p>
<p>Minimum grade requirements are subsequently a way for some schools to handle these issues.  But <a href="https://www.edweek.org/leadership/students-grades-may-not-signal-actual-achievement-study-cautions/2023/11">This is shown by several current studies</a> that report card grades often don&#8217;t accurately reflect how students perform on tests at the top of the 12 months.  </p>
<h2>Three ways to repair the issue</h2>
<p>School leaders mustn&#8217;t wait until a conflict arises to make sure the integrity of grades.  Here are three practical steps administrators can take to stop problems before they occur.</p>
<ol>
<li>
<p>First, schools could conduct gradebook audits during each grading period to discover common problems akin to grade deflation, where many lower-than-expected grades or missing grades are reported.  A <a href="https://www.nassp.org/publication/principal-leadership/volume-21-2020-2021/principal-leadership-october-2020/viewpoint-october-2020/">proactive intervention</a> could stave off headaches later.  </p>
</li>
<li>
<p>Second, schools can generate grade reports using a three- to five-point scale.  This would reflect academic performance more accurately than a conventional 100-point scale.  On a three- to five-point scale, a zero or low number wouldn&#8217;t unduly penalize a student for a missed task or poor performance firstly of an evaluation period. <a href="https://gradingrx.com/is-standards-based-grading-effective/">Students would still have the chance to recuperate from low grades</a>and that&#39;s an incentive to try it out. </p>
</li>
<li>
<p>Finally, teachers could use grading rubrics which are explained to students firstly of the semester or when assigning an task.  Since I <a href="https://gradingrx.com/how-traditional-grading-contributes-to-student-inequalitiesand-how-to-fix-it/">have written</a>By establishing clear and detailed criteria for grading, teachers could be more transparent and reduce the chance of their very own biases influencing the best way they grade.</p>
</li>
</ol>
<p>Conflicts over grades are a solvable problem.  The complaining teachers imagine it&#8217;s an expert affront to be forced to alter grades, and the complaining families imagine the grading systems are unfair.  Both have small print and perspectives.  If these three proactive solutions are implemented, most of the conflicts and legal challenges related to grades could be averted.</p>
</p></div>
<p><em>image credit : theconversation.com</em></p>
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