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How a worker who suffered a microfracture of his foot ended up with a $58-million payout

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How a worker who suffered a microfracture of his foot ended up with a $58-million payout

For eight years, Lancaster resident Pablo Scipione and his attorneys pushed for compensation the 46-year-old independent contractor said he was owed due to a workplace accident in early 2016.

In that accident, he slipped, fell and suffered a microfracture to his foot, according to his lawsuit, but that was only the start of his troubles.

Scipione sued the company he was providing services for — Osaka, Japan-based transportation and manufacturing company Kinkisharyo — for negligence shortly after the workplace fall, his lawyers said. But he eventually developed a debilitating medical condition due to the injury, according to court documents, leading the skilled tradesman to quit his job. He asked his legal representation to seek a settlement of $3 million in July 2022 to pay mounting medical bills.

The offer was rejected by Kinkisharyo’s defense team, according to Scipione’s attorneys.

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That decision backfired for Kinkisharyo on Tuesday when a Los Angeles County Superior Court jury awarded Scipione $58.35 million in compensatory and punitive damages.

Calls to Kinkisharyo’s legal team, Los Angeles-based Husch Blackwell, were not returned.

Khail Parris is a partner at Lancaster-based Parris Law Firm, and was lead attorney along with Alexander Wheeler for the plaintiff.

Parris said $54.15 million was awarded in compensatory damages for past lost earnings, future lost earnings, future medical expenses and past and future pain and suffering. The jury also awarded $4.2 million in punitive damages.

Parris said he was a little surprised by the payout since juries can be “unpredictable.”

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“I’m happy the jury heard my client,” he said in a phone interview Wednesday. “The defendant took a very aggressive stance on this case and dragged it out for eight years. The jury felt like enough was enough.”

Scipione was employed by railroad contractor Altech Services at the time of the accident, according to court documents. His duties included supervising teams of electrical technicians also employed by Altech, documents say, and his specialty was electrical troubleshooting.

Scipione was dispatched to Kinkisharyo’s Palmdale train yard around 2 a.m. on Feb. 2, 2016, for repair work, according to the lawsuit. He was instructed that it needed to be done within three hours.

Unbeknownst to Scipione, the train he was going to work on was wet after undergoing a recent water tightness test, according to testimony from a Kinkisharyo senior safety manager. That person said the train did not dry for the minimum of two days before Scipione went to work on it.

The Kinkisharyo employee also conceded that there were other safety issues in Scipione’s workspace, including poor lighting.

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Scipione climbed to the top of the rail car and slipped and fell atop the vehicle, causing the microfracture to his left foot, according to court documents. Though Scipione went home after the accident, he came back to work the next day.

Nearly three months after the injury, Scipione was diagnosed with complex regional pain syndrome, court documents say. The Mayo Clinic describes the syndrome as “a form of chronic pain” that usually affects an arm or a leg and typically develops after an injury. The Mayo Clinic added that “the pain is out of proportion to the severity of the initial injury.”

“The defendants fought us at every corner for eight years to help my client receive proper compensation and medical care,” Parris said. “Things didn’t turn until their safety manager conceded that the factory had been unsafe.”

Part of Scipione’s struggle was finding care through workers compensation insurance. Letters were presented in court that showed denials of care as the process of determining if Scipione was an actual employee of Kinkisharyo or Altech dragged out.

“The jurors were 12 little guys and saw a fellow little guy going up against a big corporation,” Parris said. “They stood up for one of their own.”

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Occidental trustees vote against divesting from Israel-linked companies

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Occidental trustees vote against divesting from Israel-linked companies

Occidental College’s Board of Trustees voted this week not to divest from companies with ties to Israel, saying the move would further divide the campus and limit freedom of expression.

In a letter to students, faculty and staff on Monday, Occidental Board of Trustees Chair Lisa H. Link acknowledged the devastating effects of the Israel-Hamas war but said that taking a position on a complex geopolitical situation could alienate certain members of the community and undermine its diversity.

“The diversity of community members’ opinions was a compelling reason to refrain from acting on the proposal, as the Board believes a decision in favor of the proposal would be divisive and damaging to the College community,” she said.

The divestment proposal set forth by leaders of the Occidental chapter of Students for Justice in Palestine in May called for the college to identify and disclose any investments in four manufacturing companies that have provided arms and equipment to the Israeli military.

The board said Occidental’s endowment does not include direct investments in any of the four companies.

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Indirect investments in the Israel-linked companies make up less than 0.1% of the college’s endowment assets and are managed by third parties that restrict the college’s ability to divest from specific parts of a fund, Link said.

“The Board believes it is not in the best interests of the College, or our current and future students, to jeopardize the endowment by divesting from managed funds that have minimal exposure to certain companies,” she said in the letter.

The board’s vote on the divestment proposal hinged on students taking down their pro-Palestinian encampment, not impeding commencement and not returning to occupy a space on campus without prior approval.

The board held the vote after Occidental’s school year ended in early June.

Matthew Vickers, a co-organizer of the encampment and spokesperson for Occidental’s Students for Justice in Palestine, said he was disappointed by the board’s decision but not surprised.

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“Based off of the pressure from Zionist parents and off-campus organizations such as the Brandeis Center and [the Anti-Defamation League] and personal political biases of the Board of Trustees, they caved in to rejecting divestment,” he said.

The Louis D. Brandeis Center for Human Rights Under Law and the Anti-Defamation League filed complaints with the U.S. Department of Education’s Office for Civil Rights in May against Occidental and Pomona College, accusing the universities of permitting discrimination and harassment of Jewish students on their campuses.

Occidental Hillel directed inquiries to Director for Religious and Spiritual Life Susan Young, who declined to comment on the board’s decision not to divest and the alleged antisemitism on campus.

Although the board’s vote came after many students had vacated campus for the summer, Vickers said students who are still in L.A. are planning to hold actions on and off campus to protest the board’s refusal to divest.

On UCLA’s campus, students continue to stage pro-Palestinian protests into the summer, erecting a new encampment on Monday that resulted in about two dozen arrests.

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“People are still galvanized and willing to continue the struggle,” Vickers said.

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With 'Inside Out 2,' Disney's Pixar looks to get its blockbuster mojo back

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With 'Inside Out 2,' Disney's Pixar looks to get its blockbuster mojo back

For decades, it seemed that Pixar couldn’t lose.

Starting with “Toy Story” in 1995, the Emeryville, Calif.-based computer animation studio rolled out hit after hit, with movies that achieved critical acclaim as well as box office riches.

But after the COVID-19 pandemic struck, even the once-unflappable Pixar fell victim to the doldrums plaguing the entertainment industry and the company’s own missteps.

Films such as “Lightyear” did poorly at the box office, partly due to their timing during the pandemic and a perceived falloff in quality, for which Pixar had long been considered the gold standard. Parent company Walt Disney Co. has cut back spending across the board, resulting in about 175 layoffs at Pixar, largely due to the studio pulling back on series for streaming service Disney+.

Now with “Inside Out 2,” the much-anticipated sequel to 2015’s “Inside Out,” Pixar is looking to make a comeback.

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Hitting theaters this week, “Inside Out 2” is tracking for one of the highest opening weekends of the year so far, with a projected $80 million to $85 million in ticket sales from the U.S. and Canada. Some analysts say the movie could become the first film of the year to clear $100 million in its domestic box office opening weekend. (The movie’s budget is estimated at $175 million.)

“Pixar was the leading edge of creating this art form,” said Ron Bernard, academic chair of animation and motion design at Otis College of Art and Design. “I’m hoping that [“Inside Out 2”] would revitalize the interest in Pixar films.”

“Inside Out 2” continues the story of Riley, now a teenager, who grapples with new emotions such as Embarrassment, Anxiety and Envy alongside longtime pals Joy, Sadness and Anger.

The anticipated numbers are remarkable, considering so many movies this year have come in below expectations on opening weekend, including George Miller’s prequel “Furiosa: A Mad Max Saga” and the Ryan Gosling- and Emily Blunt-led action-comedy “The Fall Guy.” A strong debut will give a jolt of confidence to not only Pixar but beleaguered theaters, whose box office revenues are down 26% so far this year compared with 2023.

Presale numbers are promising. As of earlier this week, online ticketseller Fandango said “Inside Out 2” had already outsold its predecessor in advance ticket sales at five days before opening and is currently the highest advance ticket-selling Pixar film since 2019’s “Toy Story 4” at the same point in the sales process.

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“Enthusiasm for the film is impressive as we prepare to dive back into the beloved world of ‘Inside Out,’” Jerramy Hainline, executive vice president of Fandango, said in a statement.

The overall box office this year has been muted due to the combination of still-slow-to-recover theater attendance, production delays from last year’s dual labor strikes and a handful of high-profile flops. Pixar hasn’t been immune to these larger, industry-wide challenges.

Bad timing doomed Pixar’s “Onward,” which was released in theaters on March 6, 2020, right before the pandemic shuttered cinemas across the nation. The movie went on to gross just $141 million worldwide. It also got mixed reviews by Pixar standards.

The move by studios early in the pandemic to move most theatrical films to streaming services also diminished the cultural effect of new Pixar releases.

“Soul” went directly to Disney+ in December 2020 and to theaters in some select countries; it wound up winning Oscars for animated feature and original score. 2022’s “Turning Red” also got sent to Disney+ first, despite theaters having reopened by then.

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Exhibitors and cinephiles grumbled that Disney was training family audiences to stay home and stream new movies, rather than load up the minivan and trek to theaters.

“When a movie is a hit in theaters, you can’t do better,” said David A. Gross, who publishes FranchiseRe, a movie industry newsletter. “The theatrical release is the locomotive pulling the train.”

The studio also had some creative stumbles. 2022’s “Lightyear” bombed after replacing Tim Allen with Chris Evans as the voice of Buzz Lightyear. Last year’s “Elemental” had a slow start but eventually made about $496 million worldwide. It got decent — but not stellar — reviews.

Pixar’s quality also suffered from Disney’s orders across the board to produce more content for its streaming service, experts say. Churning out so many films and animated series led to creatives being spread thin at Disney studios, including Pixar, Lucasfilm and Marvel.

But the studio is also a victim of its own success. Disney’s 2006 acquisition of Pixar for $7.4 billion is widely credited with reviving Disney’s animation business. Pixar movies of the past regularly hit $750 million at the global box office, making even “Elemental” seem like a flop in comparison.

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“There’s nothing wrong with that at all, it’s just the Pixar standard is so incredible,” Gross said. “Pixar has such a remarkable track record, and they’ve set such a high standard for the industry and for themselves.”

The original “Inside Out” generated $858 million in global sales after opening with $90 million in the U.S. and Canada. Pixar’s best-performing movie, 2018’s “Incredibles 2,” tallied $1.24 billion worldwide.

More broadly, families were slow to return to theaters due to health concerns as well as the ease of watching movies in their living rooms. But they are coming back. Last year’s animated “The Super Mario Bros. Movie” from Universal Pictures and Illumination Entertainment brought in $1.4 billion worldwide.

Box office watchers are hopeful for an animation-heavy slate toward the end of this year, with “Despicable Me 4,” “Moana 2” and “Sonic the Hedgehog 3.”

While “Inside Out 2” will be a major test for Pixar, the next question, Gross said, will be whether the studio can recapture its old magic with a new story — not a sequel or spinoff. Its next opportunity to answer that is in June 2025, when Pixar is slated to release “Elio,” an original movie about a young boy’s intergalactic adventure.

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Food 4 Less workers in California vote to authorize strike

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Food 4 Less workers in California vote to authorize strike

Nearly 6,000 workers at Food 4 Less locations across California this week voted to authorize a strike if Kroger, the grocery chain’s owner, continues with what they say are labor violations during ongoing contract talks.

The vote comes after the union, United Food and Commercial Workers, filed multiple claims of unfair labor practices with the National Labor Relations Board in late May. The union has accused Food 4 Less managers of undermining negotiations, surveilling and discriminating against union members, and trying to prevent employees from participating in union activity.

After a five-day voting period ended Friday, union officials announced workers had “overwhelmingly” voted to approve a potential strike. They declined to disclose how many workers had voted in favor and against the authorization.

“Food 4 Less executives have decided to resort to unlawful tactics instead of following federal labor law and treating the bargaining process with the respect and seriousness that it deserves,” the union said in a statement after the vote. “Food 4 Less is trying to intimidate, bully, and strong-arm us into accepting a contract that is less than what we deserve and far less than what their parent company, Kroger, offers to other union grocery workers in the area.”

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A spokesperson for Food 4 Less criticized the union’s decision to seek the strike authorization, saying, “It remains our goal to put more money in our associates’ pockets.”

“We’ve remained committed to negotiating in good faith. From the start, our focus has been on reaching an agreement that benefits our hardworking and dedicated associates,” said Salvador Ramirez, corporate affairs manager at Food 4 Less/Foods Co. “We are deeply disappointed that UFCW Southern California chose to leave the bargaining table before contract expiration, rather than working together to prioritize the needs of their members.”

The mandate gives the union’s bargaining committee more leverage at the negotiating table as Food 4 Less officials know the union could call for employees to walk off the job at any time.

Negotiations over a new contract began nearly three months ago and soon became tense, said Kathy Finn, president of UFCW Local 770, which represents grocery workers in Ventura, Santa Barbara and San Luis Obispo counties and is one of seven union locals involved in the negotiations.

The union locals last negotiated a contract with Food 4 Less in 2021; that contract expired on June 8.

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The union has no plans to strike imminently and is preparing for negotiations to resume Monday, Finn said.

Food 4 Less workers are pushing for pay parity with their counterparts at Ralphs. Kroger owns about 300 Ralphs and Food 4 Less stores in the state.

Clerks at Food 4 Less who check groceries and stock shelves make about $4 less in hourly wages than those with the same jobs at Ralphs. That’s in part because the company classifies its Ralphs locations as supermarkets while treating Food 4 Less stores as warehouse stores.

But workers and union leaders, who say there is little meaningful difference between the two chains, also allege a racial element to the pay inequalities. Food 4 Less stores tend to be in lower-income Black and brown communities, while Ralphs generally are located in whiter and wealthier areas, the union says. When asked about the allegation, Food 4 Less representatives declined to comment.

The company’s latest proposal offers an hourly rate increase of about a $1 each year over the course of the contract, amounting to a total boost of $3.25. The union is pushing for about double that increase.

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In a statement about the company’s proposal, which was sent to workers Monday, Bryan Kaltenbach, president of Food 4 Less, said, “Hardworking and dedicated associates are the heartbeat of our company, and our goal is to continue to provide market-competitive wages and benefits that we know are so important to our associates and their families.”

Friday afternoon outside a Food 4 Less in Westlake, workers gathered around a table set up to cast their votes.

Jeanne Coleman, a cashier at the Westlake store, voted to approve a strike. She said that besides pay parity with Ralphs, she’s concerned about understaffing. At night, there might be just two cashiers on duty to field the rush of customers that come in to shop after work. Customers waiting in line will begin making calls asking the store to open up another station, she said.

“It’s ridiculous, the issues we have to deal with, but they don’t want to pay us,” Coleman said.

When the union announced it would hold a strike authorization vote, the company began posting notices to hire temporary workers at rates higher than many workers are currently paid, said Tyrone Severe, a cashier at the Westlake store.

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“They are trying to hire nonunion workers and pay them more, instead of just negotiating with us,” Severe said. “We think that sucks.”

Members of the union’s bargaining committee accused the company of bargaining in bad faith. For example, during bargaining sessions scheduled for three consecutive days last week, the company’s negotiators showed up late and would leave the negotiation table for hours at a time, workers said.

Visits by Kaltenbach to various stores in recent weeks struck workers as an intimidation tactic.

Christopher Watkins, 24, a meat cutter at a Food 4 Less store in Inglewood, said he’s previously seen the president visit his store about twice a year, but in recent weeks he’s seen him about four times.

Food 4 Less did not provide comment in response to specific questions about worker claims of intimidation and treatment at the bargaining table.

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