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December 05, 2011

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Brake Issues Prompt Recall by Subaru & Honda

Hershey Boarding School Sued for Rejecting HIV-Positive Teen

Oregon Court Tells Philip Morris to Pay Judgment

Sweat Lodge Lawsuits Settled for $3M

Learning Too Late of the Perils in Gas Well Leases

Experts Say Nursing Home Patients Prescribed Anti-Psychotic Drugs Too Often

Study: A Home-Insurance Trap?

Lawsuits Filed, Carrier IQ Denies Storing Data

 

 

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Products

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Brake Issues Prompt Recall by Subaru & Honda

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Honda has announced a recall of more than 125,000 model year 2001 to 2012 motorcycles because the brakes might not fully release, which could result in a crash or fire. Subaru has also recalled 32,000 2012 Impreza, Legacy, and Outback models due to brake pedals travelling more than expected. Although no injuries or crashed have been reported, the issue could “cause a driver to misjudge that amount of pressure needed to stop quickly.”  CBS News, CBC News  12/05/2011

Read Article: CBC News    

 

Laws/Cases

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Hershey Boarding School Sued for Rejecting HIV-Positive Teen

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The AIDS Law Project of Pennsylvania has filed a lawsuit against a private boarding school that denied admission to an HIV-positive teenager. The Milton Hershey school for disadvantaged students claims the decision was necessary to protect the “health and safety” of the nearly 2,000 other students; however, the suit claims it violates the Americans with Disabilities Act.  Peter Jackson, Bloomberg  12/01/2011

Read Article: Bloomberg    

 

Oregon Court Tells Philip Morris to Pay Judgment

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Tobacco company Philip Morris USA Inc. must pay Oregon 60 percent of a $79.5 million award in a long-running lawsuit filed by the family of a Portland smoker, the state Supreme Court ruled Friday. Under Oregon law, 60 percent of punitive damage awards must go to a state fund to compensate crime victims. Philip Morris paid the family its share of the judgment but contested the requirement to pay the state. The company argued that the state released its right to collect that money with the company's master settlement agreement in 1998 with 46 states, five U.S. territories and the District of Columbia over claims about smoking.vThe Supreme Court's ruling Friday reversed a lower court decision and said the state's share of punitive damages is due no matter what sort of lawsuit led to the award.  TIM FOUGHT, AP Wire  12/05/2011

Read Article: AP Wire    

 

Sweat Lodge Lawsuits Settled for $3M

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A self-help author imprisoned for the deaths of three people following a sweat lodge ceremony settled civil lawsuits with the victims' families for more than $3M, according to court documents. James Arthur Ray began serving a two-year sentence last month on a trio of negligent homicide convictions. The terms of the settlements reached last year recently were disclosed in court documents filed as exhibits in Ray's criminal case and released Friday. The families of Kirby Brown, James Shore and Liz Neuman, sued Ray after the October 2009 ceremony near Sedona. The lawsuits accused Ray and his company of negligence, fraud and wrongful death. Others who were injured in the ceremony also were party to the lawsuit.  Associated Press, USA Today  12/05/2011

Read Article: USA Today    

 

Issues

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Learning Too Late of the Perils in Gas Well Leases

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Americans have signed millions of leases allowing companies to drill for oil and natural gas on their land in recent years. But some of these landowners — often in rural areas, and eager for quick payouts — are finding out too late what is, and what is not, in the fine print. Energy company officials say that standard leases include language that protects landowners. But a review of more than 111,000 leases, addenda and related documents by The New York Times suggests otherwise.  IAN URBINA and JO CRAVEN McGINTY, The New York Times  12/05/2011

Read Article: The New York Times    

 

Healthcare

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Experts Say Nursing Home Patients Prescribed Anti-Psychotic Drugs Too Often

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In a hearing of the Senate Committee on Aging, lawmakers were told that elderly patients are over-prescribed anti-psychotic drugs to calm disruptive behavior, which is a “costly and risky practice.” This over-usage among elderly people with dementia can increase the risk of death and wastes money for the US healthcare system. Although a report about the misuse of drugs in nursing homes came out decades ago, the practice continues “because of serious understaffing in nursing facilities, high turnover of staff, and ‘aggressive off-label marketing of anti-psychotic drugs.’”  New York Daily News, New York Daily News  12/02/2011

Read Article: New York Daily News    

 

Insurance

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Study: A Home-Insurance Trap?

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Home insurers have historically relied on standard policy forms drafted by the Insurance Services Office, an industry group. But Daniel Schwarcz, a University of Minnesota Law School associate professor and the study's author, says he found instances where policies now differ "radically with respect to numerous important coverage provisions." While some of these differences might work to homeowners' advantage, a substantial majority could hurt them, he says.  LESLIE SCISM, Wall Street Journal - $$ Subscription Required  12/05/2011

Read Article: Wall Street Journal - $$ Subscription Required($)    

 

Class Action

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Lawsuits Filed, Carrier IQ Denies Storing Data

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California tech company Carrier IQ claims they do not log every keystroke entered by cell phone users and that they are very aware of the sensitive information they collect. Hardware manufacturers and carriers have recently begun distancing themselves from Carrier IQ and at least four lawsuits, including one class-action, have already been filed against the company. A law professor from Colorado suggests that Carrier IQ could be “held liable for violating the rights of users.”  Matthew Shaer , Christian Science Monitor  12/05/2011

Read Article: Christian Science Monitor    


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