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August 09, 2011

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Federal Agency Investigates Minivans, Declines Recall

Settlement Reached in Ky. Army Malpractice Claim

Iowa Settles Suit Involving Girl with Leg Injuries

Court Allows Lawsuit Against Rumsfeld

Settlement Reached in Lawsuit Over Vikings Lineman's Death

French Politician Hit with Sexual Assault Lawsuit

ABA Votes to Adopt New Rules on Judicial Disqualification

 

 

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Products

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Federal Agency Investigates Minivans, Declines Recall

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The National Highway Traffic Safety Administration has concluded an investigation into Ford Freestar and Mercury Monterey minivans over a specific defect. The agency had received reports that water getting into the engine caused the vehicles to stall. The NHTSA investigated 280,489 Ford vehicles and declined to issue a recall.  Staff Report, Detroit Free Press  08/09/2011

Read Article: Detroit Free Press    

 

Laws/Cases

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Settlement Reached in Ky. Army Malpractice Claim

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An Army soldier who filed a lawsuit over the treatment of his wife's cancer at a military hospital at Fort Campbell, Ky., has reached a settlement with the federal government for $2.15M. U.S. District Court Judge John Nixon in Nashville on Friday approved the settlement of the medical malpractice claim made by Staff Sgt. Adam Cloer, of Missouri, on behalf of his wife Melodee Cloer, who died last year after being diagnosed with rectal cancer. The settlement is subject to final approval by the U.S. AG. The lawsuit claimed that medical staff at Blanchfield Army Community Hospital at the installation on the Tennessee-Kentucky state line failed to screen her for rectal cancer despite persistent symptoms. The lawsuit said her cancer spread and despite multiple surgeries, she died in May 2010 at the age of 53.  KRISTIN M. HALL, Associated Press, San Antonio Express News  08/09/2011

Read Article: San Antonio Express News    

 

Iowa Settles Suit Involving Girl with Leg Injuries

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The state of Iowa has agreed to pay $875,000 to settle a lawsuit involving a girl who had a leg amputated and will need a brace to walk for the rest of her life after complications from a surgery at University of Iowa Hospitals and Clinics. The State Appeals Board approved the payment to settle the case involving Katelyn Pearson, now 16. Court documents say she was 11 years old in 2007 when she underwent extensive surgery to treat a painful intestinal condition. The lawsuit alleged that the girl's legs were elevated for more than 11 hours in operative stirrups during the surgery and she complained of leg discomfort and numbness. They say she became afflicted with a condition known as compartment syndrome, which caused significant damage to the tissue in her lower legs.  RYAN J. FOLEY, Associated Press, Chicago Tribune  08/09/2011

Read Article: Chicago Tribune    

 

Court Allows Lawsuit Against Rumsfeld

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A lawsuit accusing former Defense Secretary Donald Rumsfeld of personal responsibility for U.S. forces allegedly torturing two American whistleblowers who worked for an Iraqi contracting firm will be allowed to move forward, a federal appeals court ruled Monday. The ruling from the 7th U.S. Circuit Court of Appeals in Chicago comes just days after a similar decision by a federal judge in Washington, D.C., that gave the green light to an Army veteran — who also alleges he was tortured in Iraq — to sue Rumsfeld for damages. The ruling rejected arguments that Rumsfeld should be immune from such lawsuits for work performed as a Cabinet secretary.  Associated Press, The Washington Post  08/09/2011

Read Article: The Washington Post    

 

Settlement Reached in Lawsuit Over Vikings Lineman's Death

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A settlement has been reached in the final lawsuit stemming from the heat stroke death of Minnesota Vikings lineman Korey Stringer 10 years ago. Terms of the settlement between Stringer’s widow, Kelci Stringer, and Chicago-based helmet and shoulder pads-maker Riddell Inc. were not disclosed, said a family spokesman. The federal lawsuit alleged Riddell failed to warn players and coaches that wearing its helmets and shoulder pads in hot temperatures could be dangerous. The family reached separate settlements earlier with the NFL and other defendants.  Associated Press, The Washington Post  08/09/2011

Read Article: The Washington Post    

 

French Politician Hit with Sexual Assault Lawsuit

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A lawsuit has been filed against French politician Dominique Strauss-Kahn by a New York hotel housekeeper accusing him of sexually assaulting her. The woman claims in her lawsuit that Kahn commanded her to perform oral sex on him at the Sofitel New York hotel. As a result, the plaintiff claims she suffered "both physical and psychological harm, as well as permanent harm to her professional and personal reputations."  William K Rashbaum and John Eligon, The New York Times  08/09/2011

Read Article: The New York Times    

 

Issues

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ABA Votes to Adopt New Rules on Judicial Disqualification

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The American Bar Association on Monday voted to adopt guidelines urging states to enact new procedural rules on judicial disqualification -- a response to what the ABA sees an increasing influence of money in judicial politics across the U.S. The ABA's effort was sparked in part by two recent U.S. Supreme Court decisions, one dealing with disqualification and the other with money in politics. Capteron v. A.T. Massey, a 2009 decision, urged states to adopt "more rigorous" recusal rules. Citizens United v Federal Election Commission, in 2010, allowed unlimited spending by interest groups in political campaigns.  Carlyn Kolker, Reuters  08/09/2011

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