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| | Pfizer Recalls 28 Lots of Birth Control Pills | |
| | Pfizer has issued a recall of 28 lots of two types of birth control pills due to problems with the ingredients and sequence of the medication. The recall covers Lo/Ovral-28 Tablets and Norgestrel and Ethinyl Estradiol Tablets. The company said the daily dosage of the contraceptives could be incorrect, leaving women at risk for pregnancy, although no health-related risks are present. David Sell, Philadelphia Inquirer 02/01/2012 | | Read Article: Philadelphia Inquirer | | Laws/Cases | |
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| | U.S. Seeks New Limits on Troops’ Legal Rights | |
| | For decades, federal law has barred troops from suing the government for any injuries they suffer as a result of malpractice in military medical facilities, no matter how negligent or egregious the error. Now government lawyers in Florida are seeking to expand that restriction to include the spouses and children of service members. The case stems from a lawsuit filed by Jimmy German, a Navy aviation structural mechanic first class, who says his wife went to Naval Hospital Jacksonville, Fla., in October 2008 complaining of a headache and the hospital failed to diagnose her symptoms as cerebral hemorrhaging. She suffered a catastrophic stroke and died in December 2010, according to the lawsuit. Andrew Tilghman, Air Force Times 02/01/2012 | | Read Article: Air Force Times | | Maker of Brazilian Blowout Settles Suit with California | |
| | GIB, the creator of the Brazilian Blowout hair-straightening treatment, has agreed to a settlement with the state of California over potential harmful gasses in the product. In the settlement, the company agreed to post a warning on the products, saying the solutions "will expose you to formaldehyde [gas], a chemical known to the state of California to cause cancer." The state filed the lawsuit in 2010 after tests showed the presence of the formaldehyde gas. Matt Stevens, LA Times 01/31/2012 | | Read Article: LA Times | | Suit: Religious Teacher Abused Boy in 1980s | |
| | A North Texas man has filed a lawsuit against a religion teacher at Nolan High School who allegedly sexually abused him as a child. According to the suit, the teacher, who is also a priest at a Fort Worth church, abused the man from 1982 to 1987 while he was a minor. The plaintiff also alleges the Fort Worth Catholic Diocese conspired with others to cover up the abuse. Lois Norder, Ft. Worth Star Telegram 01/31/2012 | | Read Article: Ft. Worth Star Telegram | | NFL Suits Over Concussions Combined in Philly | |
| | Four lawsuits filed against the NFL by current and former players over concussions will be consolidated, a judicial panel ruled this week. The suits, which will be tried in Philadelphia, claim the NFL "deliberately hid critical information about the dangers of concussions and hits to the head." The New York Times reports there are more than a dozen more suits filed against the NFL with similar claims that may be combined with the current suit. Ken Belson, The New York Times 01/31/2012 | | Read Article: The New York Times | | Monsanto Accused In Suit Tied To Agent Orange | |
| | For about two decades, ending in 1971, a former Monsanto chemical plant in West Virginia produced the herbicide 2,4,5-T which was used in "Agent Orange" — the defoliant the military sprayed over Southeast Asia during the Vietnam War. Now, Monsanto faces a class-action lawsuit, filed on behalf of people living where the herbicide was manufactured in Nitro, W.Va. The class-action lawsuit was filed on behalf of tens of thousands of people who lived, worked and went to school in Nitro after 1949. The suit claims the company spread toxic substances all over town, mainly dioxins, which have been linked to cancer. At issue in this case: whether Monsanto will have to pay millions of dollars to monitor the health of everyone included in the case. Jeff Brady, National Public Radio 02/01/2012 | | Read Article: National Public Radio | | Mother Files Suit Against Jail Over Son's Death | |
| | A Kentucky woman has filed a lawsuit against jail employees at the Fayette County Detention Center over the death of her son last June. The lawsuit claims jail employees failed to give the man "timely medical treatment, including medicine that was prescribed to treat a congenital heart condition." The woman claims she advised several jail officials of her son's deteriorating condition, but "they refused to obtain his medication" or allow her to bring it to the jail. Valarie Honeycutt Spears, Lexington Herald-Leader 02/01/2012 | | Read Article: Lexington Herald-Leader | | Stratfor Faces Lawsuit Over Data Breach | |
| | Austin-based Stratfor, which lost information on thousands of its customers in computer hacking attacks against its website in December, now finds itself under legal fire. Stratfor this week responded in a Texas court to a federal class action suit filed against it in New York. The suit seeks more than $50 million in damages on behalf of customers whose personal and credit card information was lost in the hacking incidents of Dec. 7 and Dec. 24. Kirk Ladendorf, Austin American Statesman 02/01/2012 | | Read Article: Austin American Statesman | | BP Must Pay Some Gulf Claims Filed Against Halliburton | |
| | A judge ruled that BP must cover some of the direct damage claims awarded against Halliburton for the $40 billion in cleanup costs and economic losses caused by the 2010 oil well explosion and Gulf of Mexico spill. BP, which is based in London, must indemnify Halliburton for compensatory damage claims under its drilling contract, Judge Carl J. Barbier of the United States District Court in New Orleans ruled on Tuesday. BP sued Halliburton, which provided cementing services for the project, in April to recover a share of any damages and costs from the spill. Any punitive damages awarded against Halliburton do not have to be paid by BP, the judge said. Bloomberg, The New York Times 02/01/2012 | | Read Article: The New York Times | | Chamber of Commerce Speaks Out Against Graphic Cigarette Labels | |
| | The U.S. Chamber of Commerce, weighing in on a lawsuit over graphic cigarette warning labels, says the federal government has no legitimate authority to take space on a tobacco company’s packaging or advertising to persuade consumers not to buy the product. he pro-business lobbying group filed a friend of the court brief with the U.S. Court of Appeals in Washington late Monday in the lawsuit brought by some of the largest U.S. tobacco companies, including R.J. Reynolds Tobacco Co. and Lorillard Tobacco Co. The suit challenges the Food and Drug Administration’s plan to require that graphic new warning labels be placed on cigarette packs later this year. The labels include the sewn-up corpse of a smoker and a picture of diseased lungs. Associated Press, The Washington Post 02/01/2012 | | Read Article: The Washington Post | | Issues | |
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| | New Silica Rules Languish In Regulatory Black Hole | |
| | Any job that involves breaking up rock or concrete or brick can potentially expose workers to dangerous silica dust, and last year it looked like the Department of Labor's Occupational Safety and Health Administration was about to put stricter controls in place to limit this health hazard. But for almost a year, the proposed regulations have been stalled at the White House Office of Management and Budget. Worker safety advocates are growing increasingly frustrated. They say instead of having a public debate, officials are meeting behind closed doors with industry stakeholders who want to stop new rules. Nell Greenfieldboyce, National Public Radio 02/01/2012 | | Read Article: National Public Radio | | Fracturing Site to Detail What's in the Water | |
| | Companies working in Texas oil fields must disclose the amount of water and the mix of chemicals they use in hydraulic fracturing starting Wednesday, under a new rule heralded by industry and environmentalists as a big transparency improvement. The rule, passed in last year's legislative session, requires service companies or suppliers to provide the well operators with the name of each chemical ingredient and to register this information on a national website, FracFocus, created for this purpose. It applies to wells for which the Railroad Commission issues initial drilling permits Wednesday or later. Emily Pickrell, Houston Chronicle 02/01/2012 | | Read Article: Houston Chronicle | | TEXAS LAWYER CASE SUMMARIES | |
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| | Amarillo Court of Appeals: Workers' Compensation | |
| | Workers' Compensation -- Cross-appellant American Casualty Co. of Reading, Pa., appeals an order from the trial court denying its plea to the jurisdiction. The premature filing of an original petition did not properly invoke the jurisdiction of the trial court. An amended pleading filed after the expiration of the 40-day period defined by statute cannot relate back and grant jurisdiction to the trial court where it did not previously exist. The trial court's order is reversed and rendered ordering that the judicial review of the workers' compensation case be dismissed. Davis v. American Casualty Company of Reading, Pa., Amarillo Court of Appeals, No. 07-11-00256-CV, 01-27-2012. , Texas Lawyer Opinions (TTLA Members Only) 02/01/2012 | | Read Article: Texas Lawyer Opinions (TTLA Members Only) | | Texas Supreme Court: Torts | |
| | Rafael Casados suffered a fatal, work-related injury while working for two employers that both had workers' compensation coverage. Casados' parents sued one of the employers. A jury found Port Elevator negligent but not grossly negligent, and a court of appeals affirmed. Because Port Elevator subscribed to workers' compensation insurance, Casados was an employee of Port Elevator, and he suffered a work-related injury, the Texas Workers' Compensation Act provided remedy against Texas Mutual was the exclusive remedy for his injury. The court of appeals' judgment is reversed and rendered. Port Elevator-Brownsville L.L.C v. Casados, Texas Supreme Court, No. 10-0523, 01-27-2012. , Texas Lawyer Opinions (TTLA Members Only) 02/01/2012 | | Read Article: Texas Lawyer Opinions (TTLA Members Only) | |
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