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More Details Emerge in Fatal Ride on Six Flags Roller Coaster
Court documents allege that a Texas Giant operator violated Six Flagsâ€™ â€œif-in-doubtâ€ policy when she allowed a roller coaster to leave the station despite her belief that a lap bar was not correctly in place for a Dallas woman who was killed after being thrown from the ride. The allegation was made in a motion filed Monday afternoon by lawyers for the family of Rosa Esparza, the 52-year-old woman killed in the July 19 incident.
Deanna Boyd, Star Telegram 01/15/2014
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Asst. Principal Responsible for Girl's Death, Lawsuit Says
The mother of a 12-year-old girl who was shot and killed by a fellow student has filed a lawsuit alleging an assistant principal did not do enough after one of his students threatened another with a gun. According to the lawsuit, the principal questioned, but never searched the student accused of the shooting threat. Later that day, the boy gave the gun to another student who shot and killed the plaintiff's daughter while playing Russian Roulette. The lawsuit names the middle school assistant principal and the parents of the boy who gave the gun to the shooter and seeks $15 million in damages.
Scott Daugherty, Virginian Pilot 01/15/2014
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State AG Suits Not Governed By Class-Action Curbs, Supreme Court Says
The U.S. Supreme Court on Tuesday refused to subject certain civil lawsuits by state attorneys general to a federal law aimed at curbing class actions, a setback for business groups. The court, in a unanimous 14-page ruling, had little trouble in concluding that state AG lawsuits seeking damages for alleged corporate wrongdoing are not constrained by the federal Class Action Fairness Act. At issue was a type lawsuit known as a parens patriae action in which an attorney general sues a company for damages or penalties for allegedly harming the state population.
Brent Kendall, WSJ Blogs 01/15/2014
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Judge Refuses to Sign Off on NFL Settlement
A federal judge on Tuesday refused to sign off on the NFLâ€™s $760 million concussion settlement with retired players because of concerns that the fund might be too small to adequately compensate everyone owed money. The ruling puts on hold what had been a major victory for the league on a controversial issue that had long haunted the sport. The deal reached last summer after months of negotiations required the NFL to pay $760 million â€” mostly in the form of medical benefits and injury compensation â€” to thousands of former players and their families.
Jacob Gershman, WSJ Blogs 01/15/2014
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Analysis: BP's Challenges May Backfire
A year after agreeing to a multi-billion dollar settlement with victims of the 2010 Gulf oil spill, BP is aggressively challenging terms of the deal in a legal strategy that could backfire with the judge who will rule on the company's potentially hefty federal fines. BP's challenges directly question decisions by Barbier, who presided over the settlement and then himself approved claim terms. Barbier is also handling a separate government case against BP and has wide latitude to assess fines for violations of the Clean Water Act. "They are alienating in a very profound way the very judge that is going to determine their liability," said Blaine LeCesne, a law professor at Loyola University in New Orleans. "I'm not sure that's a wise decision." Barbier has called BP's efforts to try and contradict many of his rulings with appeals to the 5th Circuit "deeply disappointing" and has said BP is trying to "rewrite or disregard the unambiguous terms of the Settlement Agreement."
Mica Rosenberg, Reuters 01/15/2014
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FDA Warns Against High-Dose Prescription Acetaminophen
The FDA is asking doctors to stop prescribing combination medications that contain more than 325 milligrams of acetaminophen per pill, because of long-standing concerns about liver damage. The move, announced Tuesday, is one of a series of actions the FDA is taking to limit high-dose use of the popular painkiller. FDA already has asked drug-makers to stop producing combination prescription medications with higher doses. More than half of manufacturers have complied, according to the FDA statement.
Kim Painter, USA Today 01/15/2014
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