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February 24, 2012

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BP Spill Victims Still Feel Economic Impact as Trial Nears

NC Court Denies Damages in Wrongful Death of Dog

Bexar Sues Boerne Mortgage Banker

Boy Scouts Agree to Mediation with Sexual Abuse Victim

CDC: 13 Deaths Tied to Bath Refinishing Chemical

U.S. Readies Onslaught Against BP

A Shift From Nursing Homes to Managed Care at Home

State to Close Program on Federal Health Law

Tyson Foods Settles Hiring Lawsuit

Concussions Caused Suicide of NFL Player, Suit Says

 

 

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Laws/Cases

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BP Spill Victims Still Feel Economic Impact as Trial Nears

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Thousands of coastal residents, business people and property owners will be affected by a trial starting Feb. 27 in New Orleans federal court to determine who must compensate spill victims. The spill spewed more than 4.1 million barrels of crude over 87 days into the Gulf, whose $3 billion fishing industry provides one-third of all seafood consumed in the U.S., the plaintiffs said in court papers.  Allen Johnson Jr., Laurel Brubaker Calkins, Bloomberg  02/23/2012

Read Article: Bloomberg    

 

NC Court Denies Damages in Wrongful Death of Dog

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The NC Court of Appeals has waded into a legal tussle over the wrongful death of a Jack Russell terrier. Nancy and Herb Shera of Wilmington sued North Carolina State University’s College of Veterinary Medicine in 2009, seeking more than $28,000 in damages after their dog, Laci, died following a botched tube feeding. In a 20-page ruling issued Tuesday, the appeals court unanimously upheld an earlier ruling by the N.C. Industrial Commission, which decides compensation claims involving state agencies. The state commissioner had awarded the Sheras $2,755 for vet bills plus $350, the estimated cost for a new dog of the same breed. Writing for the three-judge panel, Judge J. Douglas McCullough said there is no basis in state law where the total investment over a lifetime was used to determine the value of a lost life, “whether human child or pet animal” and “whether sentient or not.” McCullough cited numerous legal precedents, including a case where a child died as a result of medical malpractice.  Michael Biesecker , Insurance Journal  02/24/2012

Read Article: Insurance Journal    

 

Bexar Sues Boerne Mortgage Banker

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Bexar County has accused a Boerne mortgage banker of circumventing the county's recording system to avoid paying filing fees. The lawsuit against JPC Financial Resources Inc. marks the first of what could be numerous legal actions brought by the county to try to recover recording fees on property transactions. Bexar County officials have estimated the county could be owed millions of dollars in unpaid filing fees.  Patrick Danner, San Antonio Express News  02/24/2012

Read Article: San Antonio Express News    

 

Boy Scouts Agree to Mediation with Sexual Abuse Victim

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The Boy Scouts of America will not have to meet a Friday deadline to turn over thousands of confidential files to lawyers for a Santa Barbara County sexual abuse victim after both sides agreed to mediate the boy’s lawsuit. Known as "ineligible volunteer files," the records date to the 1920s and detail allegations of sexual abuse and other misconduct by Scout leaders and others. The Scouts say the files are intended to keep suspected molesters and others accused of wrongdoing out of Scouting.  Staff, LA Times  02/24/2012

Read Article: LA Times    

 

CDC: 13 Deaths Tied to Bath Refinishing Chemical

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The U.S. Centers for Disease Control and Prevention issued a warning Thursday about using a common paint-stripping chemical to refinish bathtubs after tying it to 13 deaths in 10 states. The CDC said the alert was based on research that began at Michigan State University. Scientists found 13 deaths between 2000 and 2011 of workers using products containing methylene chloride to strip paint from residential bathtubs. Three of the deaths were in Michigan, and the remaining 10 were reported in nine other states. Methylene chloride is widely used as a degreaser and paint remover in industrial and home-improvement products.  David N. Goodman, AP, Boston Globe  02/24/2012

Read Article: Boston Globe    

 

U.S. Readies Onslaught Against BP

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When a civil case against BP PLC opens on Monday, federal prosecutors plan to accuse the oil giant of making a series of decisions that caused it to be grossly negligent in the deadly explosion on the Deepwater Horizon drilling rig, according to sealed documents reviewed by The Wall Street Journal. The allegations, detailed in court filings, are expected to be argued in a civil trial set to begin next week in federal court in New Orleans. It is being brought by a number of plaintiffs, including the federal government, who claim they were harmed by the 87-day oil spill  TOM FOWLER, Wall Street Journal - $$ Subscription Required  02/24/2012

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

 

Healthcare

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A Shift From Nursing Homes to Managed Care at Home

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Faced with soaring health care costs and shrinking Medicare and Medicaid financing, nursing home operators are closing some facilities and embracing an emerging model of care that allows many elderly patients to remain in their homes and still receive the medical and social services available in institutions. The rapid expansion of this new type of care comes at a time when health care experts argue that for many aged patients, the nursing home model is no longer financially viable or medically justified.  JOSEPH BERGER, The New York Times  02/24/2012

Read Article: The New York Times    

 

Insurance

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State to Close Program on Federal Health Law

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A program created to help insurance-seekers in Texas cut through the complexities of federal health care reforms is shutting down in April, just 15 months after it opened its call center and years before the law goes into full effect. Officials with the Texas Department of Insurance say they plan to help fill the gap, but it is unclear whether they can handle what some health experts call a beast of a policy change: millions of new patients will be required to acquire health insurance, and those first-time policy holders will need help understanding their rights and benefits.  THANH TAN, Texas Tribune, The New York Times  02/24/2012

Read Article: The New York Times    

 

Labor/Employment

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Tyson Foods Settles Hiring Lawsuit

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Tyson Foods, Inc., has agreed to pay $35,000 to settle a federal lawsuit accusing the company of refusing to hire a former employee because he has epilepsy. The suit claims the doctor used by Tyson to evaluate the plaintiff "relied on outdated medical research in determining that [the plaintiff] could not safely perform the job." The suit had accused the company of violating the Americans with Disabilities Act.  Staff Report, Kansas City Info Zine  02/24/2012

Read Article: Kansas City Info Zine    

 

Wrongful Death

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Concussions Caused Suicide of NFL Player, Suit Says

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The family of form NFL player Dave Duerson has filed a lawsuit against the league after Duerson took his own life. The lawsuit claims Duerson was led to do so by brain damage he developed from concussions during his time as a player, and the suit says the league knew these types of injuries could occur, but hid the information. The Duerson family is one of nearly 660 retired NFL players suing the league over concussion-related issues.  Dan Pompei , Chicago Tribune  02/23/2012

Read Article: Chicago Tribune    


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