Gracias por SEGUIRNOS, este artículo contiene la edición 1305 de la revista digital de HOUSTON de ¡Que Onda! Magazine Edición Numero 1305.
Del 15 de agosto a 28 de agosto del 2024.
Fecha de Publicación: jueves 15 de agosto del 2024.
Thank you for following us! The following file contains ¡Que Onda! Magazine Houston’s Digital – Issue No. 1305 published on Thursday, Aug. 15, 2024
NEW YORK (AP) — Does signing up for Disney’s popular streaming service mean you have agreed to never sue the entertainment giant over anything forever?
That is what Disney argues in a wrongful death lawsuit involving a 42-year-old New York doctor whose family claims had a fatal allergic reaction after eating at an Irish pub in Disney Springs in October.
Disney is asking a Florida court to dismiss a lawsuit brought against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist with NYU Langone’s office in Carle Place, on Long Island.
The company argues Piccolo had agreed to settle any lawsuits against Disney out of court through the arbitration process when he signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.
“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause,” the company wrote in its motion. “The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’.”
Disney also notes in its response that Piccolo agreed to a similar arbitration provision when he created an account on Disney’s website and app ahead of the ill-fated theme park visit.
But Piccolo’s lawyer, in a response filed earlier this month, argued that it was “absurd” to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity — even if their case has nothing to do with the popular streaming service.
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement,” Brian Denney, Piccolo’s attorney, wrote in the Aug. 2 filing.
Disney, in its May 31 filing, argued that whether Piccolo actually reviewed the service terms is “immaterial.” It also noted the arbitration provision “covers ‘all disputes’ including ‘disputes involving The Walt Disney Company or its affiliates’.”
Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments and evidence before making a binding decision, or award.
Disney said late Wednesday that it is “deeply saddened” by the family’s loss but stressed the Irish pub is neither owned nor operated by the company. The company’s stance in the litigation doesn’t affect the plaintiff’s claims against the eatery, it added.
“We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” the company wrote in an emailed statement.
Raglan Road, the Irish pub in Disney Springs where Tangsuan dined, didn’t respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which leases some of the spaces in the outdoor dining, shopping and entertainment complex to other companies.
Piccolo’s lawsuit, which was filed in February, claims that he, his wife and his mother decided to eat at Raglan Road on Oct. 5, 2023 because it was billed on Disney’s website as having “allergen free food.”
After informing their server numerous times that she had a severe allergy to nuts and dairy products, Tangsuan ordered the vegan fritter, scallops, onion rings and a vegan shepherd’s pie.
The waiter then “guaranteed” that the food was allergen-free even though some of the items were not served with “allergen free flags,” the lawsuit states.
About 45 minutes after finishing their dinner, Tangsuan had difficulty breathing while out shopping, collapsed and eventually died at the hospital, despite self-administering an EpiPen during the allergic reaction, according to the lawsuit.
A medical examiner’s investigation determined later she died as a result of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said.
An Oct. 2 hearing has been scheduled on Disney’s motion in county court in Orlando. Piccolo seeks more than $50,000 in his lawsuit.
The Biden administration is taking a victory lap after federal officials inked deals with drug companies to lower the prices of 10 of Medicare’s most popular and costliest drugs. However, they shared few immediate details about the new prices older Americans will pay when they fill those prescriptions.
White House officials said Wednesday night that they expect U.S. taxpayers to save $6 billion with the new prices, while older Americans could save roughly $1.5 billion on their medications. These projections, however, were based on dated estimates, and the administration shared no details on how they arrived at the figures.
Nonetheless, the newly negotiated prices—still elusive to the public as of early Thursday morning—will impact the cost of drugs used by millions of older Americans to manage diabetes, blood cancers, and prevent heart failure or blood clots. The drugs include the blood thinners Xarelto and Eliquis, as well as diabetes medications Jardiance and Januvia. Last year, Medicare spent $50 billion covering these drugs.
This is a landmark deal for the Medicare program, which provides healthcare coverage for more than 67 million older and disabled Americans. For decades, the federal government had been barred from negotiating with pharmaceutical companies over drug prices, even though private insurers routinely do so.
“This meant that drug companies could basically charge whatever they want for life-saving treatments people rely on, and all Americans paid the price,” White House adviser Neera Tanden told reporters during a Wednesday night call.
The drug deals will become a focal point for Vice President Kamala Harris’ presidential campaign, especially since she cast the tie-breaking vote to pass the law. She will join President Joe Biden on Thursday to announce the drug prices in their first joint speaking appearance since she replaced him at the top of the Democratic ticket. Both are striving to convince voters that costs will trend downward after years of above-normal inflation.
The pair last appeared publicly together when they welcomed back to the U.S. Americans detained in Russia who were freed as part of a massive prisoner swap earlier this month.
Powerful pharmaceutical companies unsuccessfully tried to file lawsuits to stop the negotiations, which became law in 2022 when a Democratic-controlled Congress passed the Inflation Reduction Act, overhauling several Medicare prescription drug regulations. However, executives of those companies have hinted in recent weeks during earnings calls that they don’t expect the negotiations to impact their bottom line.
The Centers for Medicare and Medicaid Services, which oversaw the dealmaking, is expected to release the final drug prices later on Thursday. The new prices won’t go into effect until 2026. Next year, the Department of Health and Human Services can select another 15 drugs for price negotiations.
Before the drug prices were finalized, the Congressional Budget Office estimated that the negotiations could save the federal government $25 billion by 2031.
The official event comes a day before Harris is set to unveil part of her economic agenda on Friday in North Carolina, where she plans to roll out additional measures aimed at cutting costs and boosting incomes for the middle class.
The Biden administration is taking a victory lap after federal officials inked deals with drug companies to lower the prices of 10 of Medicare’s most popular and costliest drugs. However, few immediate details were shared about the new prices older Americans will pay when filling those prescriptions.
White House officials announced Wednesday night that they expect U.S. taxpayers to save $6 billion on the new prices, while older Americans could save roughly $1.5 billion on their medications. These projections were based on dated estimates, and the administration shared no details on how they arrived at these figures.
Despite the lack of transparency, the newly negotiated prices—still undisclosed to the public as of early Thursday—will impact drugs used by millions of older Americans to manage conditions like diabetes, blood cancers, and to prevent heart failure or blood clots. These drugs include blood thinners like Xarelto and Eliquis, and diabetes medications like Jardiance and Januvia. Last year, Medicare spent $50 billion covering these drugs.
This deal marks a significant milestone for Medicare, which provides healthcare coverage to more than 67 million older and disabled Americans. For decades, the federal government was barred from negotiating drug prices with pharmaceutical companies, even though this is a routine practice for private insurers.
“This meant that drug companies could basically charge whatever they wanted for life-saving treatments people rely on, and all Americans paid the price,” said White House adviser Neera Tanden during a Wednesday night call with reporters.
These drug deals are set to become a focal point for Vice President Kamala Harris’ presidential campaign, particularly since she cast the tie-breaking vote to pass the law. Harris will join President Joe Biden on Thursday to announce the drug prices, marking their first joint speaking appearance since she replaced him at the top of the Democratic ticket. Both are striving to convince voters that costs will decrease after years of above-normal inflation.
The pair last appeared publicly together to welcome back Americans detained in Russia, who were freed as part of a massive prisoner swap earlier this month.
Pharmaceutical companies attempted to block the negotiations through lawsuits, but failed. The law was enacted in 2022 when a Democratic-controlled Congress passed the Inflation Reduction Act, which overhauled several Medicare prescription drug regulations. Despite their legal challenges, pharmaceutical executives have suggested in recent earnings calls that they don’t expect the negotiations to significantly impact their bottom line.
The Centers for Medicare and Medicaid Services, which led the dealmaking process, is expected to release the final drug prices later on Thursday. However, the new prices won’t take effect until 2026. Next year, the Department of Health and Human Services will have the authority to select another 15 drugs for price negotiations.
Before the drug prices were finalized, the Congressional Budget Office estimated that these negotiations could save the federal government $25 billion by 2031.
The official announcement comes a day before Harris is set to unveil part of her economic agenda on Friday in North Carolina, where she plans to highlight other initiatives aimed at cutting costs and boosting incomes for the middle class.
GALVESTON, Texas (KTRK) — In a video you first saw on ABC13 in June, an off-duty Galveston Police Department officer hits multiple people at a children’s pool party.
On Wednesday, Eyewitness News learned that GPD terminated Officer Jared Rivas, and the families involved are seeking legal action against more than the ousted officer.
Mothers who said Rivas hit their children told ABC13 the ordeal broke their trust.
“It’s terrifying. It really is. I’ve lost a lot of trust in thinking we were safe,” Lori Lozano, whose two sons were beaten, said.
In the June footage, Rivas came to break up a children’s pool party before it descended into chaos. Multiple videos surfaced of Rivas pinning and beating people.
“An officer of the law who the kids are supposed to trust and have faith in and look up to are now harming them and their siblings and friends,” Heidi Williams, who was at the children’s birthday party, said.
SEE ALSO: Man recalls being hit by Galveston PD officer at pool party: ‘Everything he did was wrong’
The families and the Ruiz Law Firm are now bringing legal action against multiple parties. The group wants Rivas charged and stripped of his ability to be a law enforcement officer.
“It wouldn’t be surprising if he was picked up by another law enforcement agency, and that’s a concern that we have,” the families’ lawyer, Adalberto Ruiz, said.
The families are also seeking legal action against Galveston police, who the families say made no effort to stop Rivas’ tirade after they arrived.
“Despite numerous uniformed officers being able to take control of the situation, they didn’t. They just added to the chaos and confusion,” Ruiz said.
The group also notified the Island Bay Resort apartment complex, where the incident occurred. The families’ lawyer said Rivas was there as a security officer, and it wasn’t made clear if visiting families were not welcome.
Finally, they are seeking action against UTMB Hospital, where, Williams claims, staffers refused her children treatment when it came to light they were the family involved in the incident.
“They should have been nurtured. That’s a hospital. They’re children. They were assaulted by an adult,” Williams said.
ABC13 contacted all the parties the families are seeking legal action against and only heard back from UTMB and Galveston police, who said they won’t comment on pending legal action.
The Galveston County district attorney will determine if charges are brought against Rivas.
In a statement, the district attorney’s office said: “The investigation of this incident involves many witnesses and several allegations. As with all investigations, our Office will take the time necessary to ensure that the investigation is thorough and conducted properly.”
The families said all agencies need to take a serious look at their training in handling this kind of situation.
HOUSTON, Texas (KTRK) — Residents of a northwest Harris County subdivision are shaken up after a newborn baby boy was found dead in the back of a garbage truck.
The discovery was made at about 9:30 a.m. Wednesday in the 13200 block of Fountaincrest Court in the Chimney Hill subdivision.
According to the Harris County Sheriff’s Office, the baby was anywhere from one day old to 30 days old.
“They got to a point where they had started to repack trash,” Sgt. Sidney Miller said of the sanitation workers who found the baby’s body. “That’s when they discovered the infant in the bottom of the trash can.”
Cheryl Boen lives nearby and said she was watching ABC13 when she realized the footage she saw was being taken outside of her home.
“It came up on the screen, and my jaw dropped,” Boen said. “I came out here to see what was going on.”
SEE ALSO: Video shows EMS rescuing newborn abandoned in dumpster near SW Houston apartment complex
A newborn boy was rescued after being left in a dumpster behind an apartment complex on Dashwood Drive in southwest Houston, police say.
Miller acknowledged that the sheriff’s office has a large investigation on its hands. He said they’ll be talking to people in hundreds of homes in the area.
Miller said the neighborhood consists of anywhere from 400 to 500 residences.
He added that they’ll also be inspecting the other contents of the truck to see if any trash is capable of offering additional clues.
They are also not ruling out the possibility that someone from outside Chimney Hill entered the neighborhood only to abandon the body.
Germany Scott, who has lived in Chimney Hill for six months, said she couldn’t believe what happened.
“I kind of sat quiet for a minute,” she said.
Scott is pregnant with her third child.
“There are multiple things you can do if you don’t want a baby,” Scott said. “An innocent baby doesn’t deserve to be in the trash can.”
Texas has the Baby Moses Law, which allows parents to legally drop off a newborn they cannot raise.
RELATED: Multiple babies found abandoned last month in Houston: ‘It’s heartbreaking’
According to CPS, five babies have been found abandoned while three were turned in through the Baby Moses Law in the last 11 months across Houston.
The baby can be left at any hospital, fire, or emergency medical services station in the state.
The baby has to be 60 days old or younger, as well as safe and unharmed.
The Texas Department of Family and Protective Services states anyone leaving a baby at one of these places must tell the employee they want to leave it at a “safe haven.”
If you know anything about Wednesday morning’s discovery, you’re urged to call the homicide division of the Harris County Sheriff’s Office at 713-274-9100. You can also leave an anonymous tip with Crime Stoppers of Houston at 713-222-TIPS.
This story comes from Texas Tribune.
Texas Attorney General Ken Paxton threatened to take legal action against the city of Dallas if the State Fair does not rescind its recent policy change to ban firearms at the upcoming event.
“Dallas has fifteen days to fix the issue. Otherwise, I will see them in court,” Paxton said in a statement.
In his letter to the city, Paxton said he could seek civil penalties of between $1,000 and $1,500 per day.
A state fair official told The Texas Tribune they were waiting for guidance from the city.
“We have not spoken with the City yet but stand ready to cooperate with them, as needed,” said spokesperson Karissa Condoianis in an email. Also a Dallas spokesperson said the city “is reviewing the letter from the Texas Attorney General’s Office and will respond accordingly.”
Fair officials and law enforcement announced the policy change last week, roughly a year after a gunman opened fire at the fair, injuring three people. The fair also announced it will have cameras at entrances for the security process and will not provide lockers or bag checks for larger bags.
Dallas owns Fair Park, where the annual event takes place, but State Fair of Texas, a nonprofit organization, takes over operations of the park and various city buildings and walkways within the property during the 24 days of the annual event, per a 25-year agreement between the two.
Paxton wrote that since Fair Park is owned by Dallas, the nonprofit’s policy change violates state law, which allows licensed gun owners to carry in places owned or leased by governmental entities, unless otherwise prohibited by state law. Texas law establishes that schools and courtrooms are considered gun-free zones and allows others, like amusement parks or educational institutions, to institute their own bans on firearms.
In his letter to the interim city manager, he acknowledged that some buildings located on the Fair Park premises, like the Cotton Bowl and other buildings that are used for scholastic events are areas where guns are prohibited by state law.
“However, the entirety, or vast majority of the 277-acre Fair Park of Dallas is not a place where weapons are prohibited,” he wrote.
The Attorney General’s letter comes after several state lawmakers signed a petition to pressure State Fair officials to rescind the new policy – saying the new policy makes the fair “less safe” because “Gun free zones are magnets for crime because they present less of a threat to those who seek to do evil.”
Also, the NRA and other gun rights advocacy groups released statements encouraging the state fair to change its decision.
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A similar spat over gun rights happened a few years ago when Texas zoos wanted to limit firearms on their property.
Fair officials previously said the policy change was a safety measure related to last year’s shooting.
Law enforcement arrested 22-year-old Cameron Turner in connection with the shooting, who they said opened fire at the fair’s food court. He was charged with three counts of aggravated assault with a deadly weapon and one count of unlawfully carrying a weapon in a prohibited place.
The fair runs from Sept. 27 until Oct. 20.
In a breach that could have widespread consequences, a notorious hacking group has reportedly released a massive amount of sensitive personal information, including Social Security numbers, on an online marketplace. This breach, allegedly affecting nearly every American, has the potential to fuel a surge in identity theft and other fraudulent activities, according to cybersecurity experts.
The Breach
Four months ago, the hacking group USDoD claimed to have stolen personal records from National Public Data (NPD), a major data broker. The stolen data, purportedly belonging to 2.9 billion people, was initially offered for sale for $3.5 million. Last week, a member of the group, known as “Felice,” reportedly released a significant portion of the data for free online.
The leaked information includes full names, addresses, dates of birth, Social Security numbers, and phone numbers. While email addresses and government-issued photo IDs appear to be missing, experts warn that the available data is sufficient for criminals to commit a range of identity-related crimes.
Implications and Risks
Teresa Murray, a consumer watchdog director with the U.S. Public Interest Research Group (PIRG), emphasized the gravity of the situation. “If this is indeed a comprehensive dossier on every American, it’s far more concerning than previous breaches. This should be a wake-up call for anyone who hasn’t taken precautions,” she said.
The leaked data could be used to create fraudulent accounts, take over existing ones, or commit other forms of identity theft. The danger is compounded by the possibility of criminals combining this new data with information from previous breaches.
National Public Data’s Response
National Public Data has yet to formally notify those affected by the breach. However, in response to inquiries, the company has stated that it is investigating the claims and has “purged the entire database” to remove non-public personal information. They also noted that certain records might still be retained due to legal obligations.
Protecting Yourself
Experts urge individuals to take immediate action to safeguard their identities. One of the most effective measures is placing a freeze on credit files with the three major credit bureaus—Experian, Equifax, and TransUnion. This prevents new accounts from being opened in your name but requires temporarily lifting the freeze if you need to apply for credit.
In addition, signing up for online access to existing financial accounts can prevent thieves from doing so in your name. Strong, unique passwords and two-factor authentication are also essential defenses against unauthorized access.
Finally, be vigilant against phishing scams. If you receive unsolicited messages from unknown sources claiming to be from your bank or service provider, it’s safer to contact the company directly using verified contact information.
As data breaches continue to escalate, it’s crucial to remain proactive in protecting your personal information. The fallout from this breach may be long-lasting, and the steps you take now can help mitigate its impact.
By Edward Saenz & Chris Garcia
In a significant leadership transition, Houston Mayor John Whitmire appointed J. Noe Diaz as the new Chief of Police for the Houston Police Department, alongside the appointment of Orlando “Thomas” Muñoz as the new Chief of the Houston Fire Department.
The appointments were made official in a swearing-in ceremony held during the City Council session on Aug. 14.
“We are able to put a team in place that makes public safety the highest priority…I got two very experienced and dedicated public servants,” Whitmire said about the two new chiefs.
“I’ve worked with them; I’ve seen them in action. They care about Houston. They care about diversity, community involvement. I couldn’t be more pleased.”
Chief J. Noe Diaz brings a wealth of experience to his new role, with a career in law enforcement that began in 1987. Diaz started as a correctional officer with the Texas Department of Criminal Justice before moving to the Harris County Precinct 5 Constable’s Office in 1994. Two years later, the Texas Department of Public Safety selected Diaz to attend the DPS Academy A-96, where he trained as a DPS Trooper and was later assigned to the Highway Patrol Office in Katy, Texas.
Throughout his career, Chief Diaz has pursued higher education and specialized training, earning a Bachelor of Science in Criminal Justice from the University of Houston-Downtown, a Master of Science in Criminology from Lamar University, and graduating from prestigious programs like the FBI National Academy and the Northwestern University Center for Public Safety. His commitment to continuous learning is evident as he prepares to enroll in the University of Houston Certified Public Manager Program in 2025.
During the ceremony, Diaz emphasized his commitment to fostering a strong relationship between the police department and the community.
“We will meet the day, meet the challenges first with kindness, for the love of every community to make sure that this community prospers collectively together and the police department works within the community because the community is our biggest asset,” Diaz stated.
Alongside Diaz, Thomas Muñoz was appointed as the Chief of the Houston Fire Department. Muñoz, a retired Assistant Chief of HFD, has extensive experience in emergency management, having served as the City’s Emergency Management Coordinator and the acting Director for the Mayor’s Office of Public Safety and Homeland Security.
Mayor Whitmire expressed his confidence in Muñoz, citing his leadership during several major emergencies, including the flooding in Kingwood, the derecho, Hurricane Beryl, and the winter freeze.
“Chief Muñoz is a strong leader dedicated to preparing and protecting Houstonians for emergencies. I believe he is the best emergency management coordinator in the country,” Whitmire remarked.
Chief Muñoz, who holds multiple degrees in emergency management and homeland security, highlighted his dedication to the safety of Houston’s residents and the well-being of the city’s firefighters.
“The work we do today will have a lasting impact for years to come, and I know that with this administration, we can improve the safety of all residents and future generations,” Muñoz said.
Both leaders are set to steer their respective departments toward a future grounded in collaboration, safety, and community engagement, as they step into their new roles at a pivotal time for the city of Houston.
HOUSTON, Texas (KTRK) — Former Houston Mayor Sylvester Turner’s next step in politics may lead him to Capitol Hill.
Democratic leaders chose Turner, a former Texas state lawmaker, as the party’s nominee in November’s 18th Texas Congressional District race, taking the place of longtime seat holder Congresswoman Sheila Jackson Lee, who died last month.
Jackson Lee represented District 18 and Houston in the U.S. House of Representatives for nearly three decades.
“You can’t replace Sheila Jackson Lee. You can’t. But you can certainly commit yourself to continuing to do the work,” Turner told ABC13 after the vote. “It’s my goal to bridge us from where we are now to that next leg, where those who are younger than I can step up and serve in a very effective way.”
Turner was among 17 candidates vying for the nomination. He advances to the November ballot and will be in a race different from the person who will finish out Jackson Lee’s current term. At the meeting the night before, precinct chairs selected six nominees. One of them, State Rep. Jarvis Johnson, threw his support behind former city council member Amanda Edwards when he saw he couldn’t win.
Johnson wanted to see a younger candidate who could earn seniority in Congress, given that Turner had said he would serve up to two terms.
“I really believe that at this time, the torch has to be passed,” Johnson said.
After the first vote, none had the majority. The top two candidates, Edwards and Turner, faced each other in a runoff. Turner won.
SEE ALSO: Late Rep. Jackson Lee’s children back 1 hopeful among 17 to succeed her in Congress
Former Houston Mayor Sylvester Turner, who is among 17 hopefuls for the late Sheila Jackson Lee’s congressional seat, got the backing of her children.
The winner of the November race will serve the whole two-year term to represent District 18 beginning in January.
At the same time, Texas Gov. Greg Abbott called for a separate special election on Election Day, Nov. 5, to determine who will carry out the current term, which ends in January. That means voters will vote twice on the same ballot for the same position but for two different terms.
Candidates have until Aug. 22 to file for that race.
Among the candidates to finish the term is Jackson Lee’s daughter, Erica Lee Carter. She announced on Monday that she intended to run in the special election to “finish for my mom.”
After the vote, Lee Carter joined Turner.
“It’s so important to have someone ready to take on what my mother was trying to carry. Congresswoman Sheila Jackson Lee – she loved (Turner) like a brother but worked with him like a fighter. And there is no one else she would want in the fight,” Lee Carter said.
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