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September 04, 2012

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Former USC Player Files Suit Against School

Current Athletes Seek Pay in NCAA Likeness Suit

Suit: Pitt. Hospital Responsible for Hep C Infection

Man Shocked by Heat Pump Awarded $10 Million

TX High Court Hands Victory to Austin Architect

Judge orders Boy Scouts to Produce Pedophile Documents

Texting While Driving Law & VA Lawmakers Criticized by Judge

Poll: 73% of Patients Worry About Medical Errors

Jury: County Discriminated Against White Male

Building Investors in Austin File Fraud Lawsuit

Suits to Proceed over Fatal Blast at Redstone Arsenal

 

 

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Laws/Cases

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Former USC Player Files Suit Against School

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A former defensive lineman for the University of Southern California has filed a lawsuit against the school, claiming painkillers given to him at the school caused him to have a heart attack, eliminating his chance at an NFL career. The plaintiff was treated with Toradol in "a quantity and frequency that exceeded maximum dosage guidelines, recommendations and restrictions." He suffered a minor heart attack in March 2011.  George Schroeder, USA Today  08/31/2012

Read Article: USA Today    

 

Current Athletes Seek Pay in NCAA Likeness Suit

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Lawyers in an anti-trust suit against the NCAA over the use of athletes' images and likenesses have amended their suit to change how current college athletes are compensated. In a recent motion, the lawyers sought to create a trust for current players to receive compensation at the end of their college playing careers. The lawsuit accuses the NCAA of "conspiring to fix at zero the amount of compensation athletes can receive for the use of their names, images and likenesses in products or media."  Steve Berkowitz, USA Today  09/01/2012

Read Article: USA Today    

 

Suit: Pitt. Hospital Responsible for Hep C Infection

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A Kansas woman has filed a lawsuit against a Pittsburgh hospital after she was allegedly infected with hepatitis C by a former hospital employee. The woman was infected while at a Kansas hospital in 2010, during a time in which the defendant was employed there. The suit says in 2008, the defendant stole and used narcotics from the Pittsburgh hospital but was never reported.  Wire Report, Boston Globe  09/04/2012

Read Article: Boston Globe    

 

Man Shocked by Heat Pump Awarded $10 Million

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A Missouri jury has awarded $10 million to a local man who was severely shocked by a heat pump. In the suit, the man said he received a 480-volt shock when he accidentally touched a live wire while working on repairing the unit; he was thrown from the ladder he was using, suffering "multiple rib fractures and a spleen laceration that required surgical removal." The jury ruled the pump manufacturer to be 60 percent at fault in the lawsuit.  Mark Davis, Kansas City Star  08/31/2012

Read Article: Kansas City Star    

 

TX High Court Hands Victory to Austin Architect

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The Texas Supreme Court on Friday handed a legal victory to Austin architect Sinclair Black as the high court declined to hear the appeal of a McKinney woman who was partially paralyzed in a 2004 balcony collapse that she had alleged was partly Black's fault. By declining to hear the case, the high court allowed to stand a July 2011 ruling by the 3rd Court of Appeals. That court had thrown out a jury's $410,000 verdict against Black, ruling that Black and his firm, Black + Vernooy, were not partially to blame for the balcony collapse at an Inks Lake home that left Lou Ann Smith paralyzed from the waist down.  Barry Harrell, Austin American Statesman  09/04/2012

Read Article: Austin American Statesman    

 

Judge orders Boy Scouts to Produce Pedophile Documents

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The Boy Scouts of America have lost another court battle to keep outsiders from seeing hundreds of secret files they use to keep pedophiles from becoming Boy Scout employees or volunteer troop and den leaders. Judge Martha Tanner, a state district judge in San Antonio, issued an order Tuesday requiring the BSA to produce all “ineligible volunteer” files created between 1985 and 2011. If the judge’s order stands, the files will become evidence in a lawsuit filed by a former Boy Scout who alleges that the BSA and its Alamo Area Council in San Antonio did nothing to protect him from a pedophile Scoutmaster’s sexual assaults during 2004 and 2005.  SCOTT K. PARKS , The Dallas Morning News  09/04/2012

Read Article: The Dallas Morning News    

 

Issues

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Texting While Driving Law & VA Lawmakers Criticized by Judge

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Jason Gage, an Alexandria man driving on a road in Fairfax County, struck and killed a college student, Kyle Rowley. Authorities later determined that Gage had probably opened a text message about the time of the crash. They charged him with reckless driving. But when the case went to trial in Fairfax County, Judge Thomas E. Gallahue ordered the charge against Gage dropped, his texting notwithstanding. The reason: A 2009 VA law makes texting while driving a minor traffic infraction with a maximum fine of $20. Gallahue, in an unusual move, left no doubt where he thought the problem resided: VA’s General Assembly. “I think you are driving recklessly,” Gallahue said, according to a trial transcript, “but the legislature has said texting is something way less than that.”  Justin Jouvenal, The Washington Post  09/04/2012

Read Article: The Washington Post    

 

Healthcare

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Poll: 73% of Patients Worry About Medical Errors

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Nearly three-quarters of patients say they are concerned about the potential for medical errors, according to a poll that sheds light on public perceptions of patient safety.Three in 10 patients said they had experience with a medical error, either personally or through a close friend or family member. Twenty-one percent reported having been misdiagnosed by a physician, said the Wolters Kluwer Health survey of 1,000 American adults released Aug. 15. Wolters Kluwer is a Philadelphia-based publisher of medical journals and maker of point-of-care clinical software.  Kevin B. O'Reilly, American Medical News  09/04/2012

Read Article: American Medical News    

 

Labor/Employment

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Jury: County Discriminated Against White Male

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A Georgia jury has ruled that Fulton County officials discriminated against a man applying for an open director's position because he was white and male. During the trial, testimony revealed that County Commissioner Emma Darnell commented that she had "too many white boys" in the department, leading to the hiring of a black female instead of the plaintiff, who was a deputy director at the time. The jury has awarded the plaintiff $300,000.  Johnny Edwards, Atlanta Journal-Constitution  08/31/2012

Read Article: Atlanta Journal-Constitution    

 

Business Litigation

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Building Investors in Austin File Fraud Lawsuit

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A group of investors in an Austin, Texas, office building have filed suit against the property manager, alleging fraud. The plaintiffs claim the defendants failed to disclose problems with the property, including soil and slab problems, at the time of investment. The suit says the problems have caused millions in damages to the building and forced the investors to file Chapter 11 bankruptcy.  Brian Gaar, Austin American Statesman  08/30/2012

Read Article: Austin American Statesman    

 

Wrongful Death

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Suits to Proceed over Fatal Blast at Redstone Arsenal

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A federal judge has ruled that lawsuits filed over the deaths of two men in an explosion at Redstone Arsenal near Huntsville, Ala., may proceed. The lawsuits name, among others, the seller of a centrifuge the men were using at the time of the explosion, which allegedly experienced a "catastrophic failure" that led to the blast. Both lawsuits are seeking unspecified damages.  Brian Lawson, Huntsville Times  09/02/2012

Read Article: Huntsville Times    


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