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July 18, 2012

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Alex Winslow: Taking Away Right to Sue Isn't helping Texans

FDA: BPA Can’t Be Used in Baby Bottles and Cups

Feds Investigate Ford Escape and Mazda Tribute SUVS

Man Claims Surgeon Carved KKK into His Stomach

Judge Rules Fannie Mae Immune to Punitive Damages

States' Suit Against Birth Control Law Tossed Out

Federal Officials Probe Penn State for Possible Clery Act Violations

Insurance Memo on Fracking Rankles Drilling Industry

Insurance Deductibles Soar

Community College Settles Suit with Former Teacher

Fatal Illinois Car Wreck Prompts Wrongful Death Suit

 

 

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Op-Ed

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Alex Winslow: Taking Away Right to Sue Isn't helping Texans

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While the state is crumbling under a real health care crisis, Gov. Rick Perry and his friends in the special interest lobby continue defending a lobbyist-driven health care battle from a decade ago that has failed Texas patients. They want you to believe that taking away the legal rights of patients is good medicine. Try as they might, though, there is no disputing the facts: Texas ranks dead last in the quality of health care, our health care costs are soaring at a rate faster than the national average, we rank near the bottom in the number of doctors who actually see patients, and we have the highest rate of people without health insurance. These are facts, not spin-doctored anecdotes like the ones the governor and his cronies in the insurance lobby like to use.  Alex Winslow, Texas Watch, Austin American Statesman  07/18/2012

Read Article: Austin American Statesman    

 

Products

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FDA: BPA Can’t Be Used in Baby Bottles and Cups

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The FDA said Tuesday that baby bottles and children’s drinking cups could no longer contain bisphenol A, or BPA, an estrogen-mimicking industrial chemical used in some plastic bottles and food packaging. Manufacturers have already stopped using the chemical in baby bottles and sippy cups, and the F.D.A. said that its decision was a response to a request by the American Chemistry Council, the chemical industry’s main trade association, that rules allowing BPA in those products be phased out, in part to boost consumer confidence.  SABRINA TAVERNISE, The New York Times  07/18/2012

Read Article: The New York Times    

 

Feds Investigate Ford Escape and Mazda Tribute SUVS

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Government safety regulators are investigating complaints that throttles can stick on older-model Ford Escape and Mazda Tribute SUVs and cause them to crash. The probe, announced Tuesday by the National Highway Traffic Safety Administration, affects 730,000 SUVs from the 2001 to 2004 model years that are powered by V-6 engines.  Associated Press, The Washington Post  07/18/2012

Read Article: The Washington Post    

 

Laws/Cases

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Man Claims Surgeon Carved KKK into His Stomach

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An elderly Lakota Indian in South Dakota has filed a lawsuit against a local hospital after a doctor allegedly carved "KKK" into his stomach during surgery. The man believes he was scarred by the doctor during an open heart surgery procedure because of his race. Police and hospital officials who have investigated the claims say they can't make out the letters, the Los Angeles Times reports.  John M. Glionna, LA Times  07/18/2012

Read Article: LA Times    

 

Judge Rules Fannie Mae Immune to Punitive Damages

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A U.S. District judge has dismissed punitive damages claims in a wrongful termination lawsuit against Fannie Mae, finding that the mortgage giant is immune against those claims as long as it's under the conservatorship of the Federal Housing Finance Agency.  Zoe Tillman, Legal Times Blog, The National Law Journal  07/18/2012

Read Article: The National Law Journal    

 

States' Suit Against Birth Control Law Tossed Out

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A federal judge in Nebraska has tossed out a lawsuit against the new healthcare mandate requiring companies to provide birth-control coverage to employees. The suit, brought on by seven states and various religious organizations, claimed the mandate could result in an increased enrollment in state Medicaid programs, threatening state budgets. The judge, however, ruled the plaintiffs "did not face immediate harm" and therefore could not sue.  Terry Baynes, Reuters  07/18/2012

Read Article: Reuters    

 

Issues

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Federal Officials Probe Penn State for Possible Clery Act Violations

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As Jerry Sandusky awaits sentencing on 45 child-sex-abuse convictions, several investigations continue to examine the role of Penn State University leaders in the scandal, including a probe of whether the university violated a federal campus-safety law. Five days after the former assistant football coach was arrested in November, the U.S. Department of Education launched an investigation into Penn State’s compliance with the Clery Act, which requires prompt public alerts of safety threats, annual disclosure of crime statistics and other steps to protect campus communities.  Jenna Johnson, The Washington Post  07/18/2012

Read Article: The Washington Post    

 

Insurance

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Insurance Memo on Fracking Rankles Drilling Industry

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Someone posted an internal Nationwide Insurance underwriting document on Facebook. It said, "After months of research and discussion, we have determined that the exposures presented by hydraulic fracturing are too great to ignore." Nationwide responded that it's not changing coverage or canceling policies. Bob Hartwig with the Insurance Information Institute told us that few homeowner insurance policies cover damages from drilling. "Call your insurer and ask them what the policy is for that circumstance," he said. But he said drillers themselves will have no trouble getting insurance. "There are plenty of insurers willing to offer that coverage," Hartwig said.  JIM DOUGLAS, WFAA.com  07/18/2012

Read Article: WFAA.com    

 

Insurance Deductibles Soar

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Percentage-based insurance deductibles long have been used for earthquake coverage in CA and property coverage in hurricane-prone coastal areas. But they are spreading well beyond that, one of the reasons your homeowner's insurance now probably covers less while costing more. Overall, both auto and homeowner's deductibles have been climbing in recent years. While auto deductibles are now often $500 to $1,000, homeowners have moved toward $1,000 to $2,500 a claim from the $250 or $500 that once was common.  Karen Blumenthal, WSJ Blogs  07/18/2012

Read Article: WSJ Blogs    

 

Labor/Employment

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Community College Settles Suit with Former Teacher

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Tarrant County College has agreed to pay approximately $160,000 to a former adjunct professor to settle claims that she was denied an interview for a full-time position because she is homosexual. In her suit, the plaintiff claimed she was told by the chairman of the English department that "Texas and TCC don't like homosexuals."  Diane Smith, Ft. Worth Star Telegram  07/18/2012

Read Article: Ft. Worth Star Telegram    

 

Wrongful Death

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Fatal Illinois Car Wreck Prompts Wrongful Death Suit

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A wrongful death lawsuit has been filed against an Illinois construction company over the death of three people in a crash caused by an employee of the defendant. The lawsuit states the driver ran a stop sign at a high rate of speed, colliding with the car the three victims were riding in. The lawsuit accuses the company and the driver of negligence, and is seeking unspecified damages.  Naomi Nix, Chicago Tribune  07/17/2012

Read Article: Chicago Tribune    


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