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  April 8, 2013

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The Plaintiff's Resource

Upcoming Online CLE

17
Apr

The Do’s and Don’ts of Private/ERISA, Medicaid, and Medicare Lien Resolution and Set-Asides

18
Apr

Building Credibility with Judges, Mediators and Opposing Counsel

24
Apr

Metal-on-Metal Hip Implant Litigation: The One-Hour Crash Course

30
Apr

How to Handle A Federal Tort Claims Act Case

Announcements


 

 

2013 TTLA Pharmaceutical & Medical Device Seminar, April 25-26

NOTE: Hotel room block ends on April 4th. Join WILLIAMS KHERKHER, CLARK, LOVE & HUTSON, G.P. and FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, L.L.P. in Houston on April 25-26, 2013 for a ground-breaking new seminar. For the first time ever, these three law firms will join forces with TTLA to present a seminar dedicated solely to the fast-paced, ever-changing world of Pharmaceutical and Medical Device Litigation. This uniquely-structured seminar will feature updates on the hottest torts, panel discussions by leading mass tort attorneys, and speeches by TTLA legends Michael Gallagher, Tommy Fibich, John Eddie Williams and Ernest Cannon. The program is full of resources and networking opportunities for everyone, so join us for the newest TTLA seminar devoted to the trials and challenges of the mass tort lawyer. Click on the headline to learn more.  

 

Laws/Cases


 

 

Man Fired After Refusing to Falsify Pool Chemical Reports

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A former employee at a gym in New York City has filed suit against his former employer, claiming he was fired for refusing to lie about the chemical levels in the club's four pools. The suit claimed the club kept a false set of books detailing chlorine and pH levels to show to Health Department officials. Customers often complained of rashes and discomfort from the pool, the suit says.
Barbara Ross , New York Daily News 04/05/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: New York Daily News    

 

Reuters Allegedly Violated Whistle-Blower Protection Laws

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A former employee with Thompson Reuters has filed suit against the company, alleging he was fired after reporting what he believed to be insider trading violations to the FBI. In his suit, the plaintiff says he reported to the FBI that Reuters released a customer sentiment survey on a tiered schedule, with preferred traders receiving the information before the general public. The suit claims a violation of whistle-blower protection laws and is seeking unspecified damages.
Jonathan Stempel, Reuters 04/05/2013   Facebook iconTwitter iconLinkedIn Icon

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Hearing to Begin on Lead in Children's Food Suit

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A hearing will begin this week in a lawsuit filed against Dole Food Co. and Nestle's Gerber unit over lead levels in children's foods. The suit, filed by the Environmental Law Foundation in 2011, is demanding that the companies include warning labels on the products as required under California's Proposition 65, a toxins-warning law. If the judge finds in favor of the plaintiffs, the defendants could face up to a $2,500 fine per violation.
Karen Gullo, Bloomberg 04/07/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Bloomberg    

 

Student Files Suit Against Delta Chi Fraternity

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A student at the University of Idaho has filed a lawsuit against the Delta Chi fraternity for injuries she suffered after allegedly falling from a third-story window at a fraternity party in 2011. The girl says she suffered a broken pelvis and injured ankle as a result of the fall, and the lawsuit accuses fraternity members of supplying her with alcohol despite her being underage. The lawsuit is seeking damages to cover her medical costs, which have totaled over $10,000.
Brandon Macz, The Spokesman-Review 04/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: The Spokesman-Review    

 

Settlement Reached in Trayvon Martin Wrongful Death Suit

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The family of Trayvon Martin have settled a wrongful death lawsuit with the homeowners association over the Florida housing complex where their son was shot and killed by a night watchman. While the official amount of the settlement was not disclosed, sources believe it to be more than $1 million. Lawyers for the Martin family say they will still pursue civil ligation against George Zimmerman, the man who shot Trayvon.
David Knowles , New York Daily News 04/05/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: New York Daily News    

 

Merck Starts Fresh Trial on Fosamax Broken-Leg Claims

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Merck & Co is fighting a woman’s claim that its osteoporosis drug Fosamax weakened her femur, causing her leg to break when she fell in her driveway, less than a month after the first such trial ended prematurely. A three-week jury trial starting today before U.S. District Judge Joel Pisano in Trenton, New Jersey, will involve medical experts on both sides of the dispute over the cause of Bernadette Glynn’s injury in April 2009. Merck claimed that Glynn, 58, tripped over a chainsaw in her garage and that the fracture is typical of women with osteoporosis.
Erik Larson, Bloomberg 04/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Bloomberg    

 

$24M Nevada Jury Award Could Have Huge Impact

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A $24 million jury verdict for three plaintiffs in a case stemming from a hepatitis C outbreak in Nevada could set a far-reaching precedent requiring health insurance companies to police the practices of member hospitals and doctors, experts said. A Nevada jury on Thursday found Nevada affiliates of UnitedHealth Group Inc responsible for infecting two patients with hepatitis C. The patients claimed they became infected because their gastroenterologist used allegedly unsafe injection practices for an endoscopy. Typically in medical malpractice cases, plaintiffs can only recover damages from the doctor and the hospital. But in the Nevada lawsuit, the plaintiffs argued that UnitedHealth Group should be held responsible because the accused gastroenterologist was part of the company's network and that the insurer should have known about allegedly unsafe practices.
Jacob Hale Russell, Reuters 04/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Reuters    

 

ExxonMobil Pipeline Spill Triggers Lawsuit

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Two Arkansas women sue ExxonMobil after its Pegasus pipeline ruptured, spewing oil onto lawns and roads. The $5 million class-action suit charges the pipeline spill has permanently diminished their property value. The class-action complaint comes a week after ExxonMobil Pipeline Co.'s Pegasus pipeline ruptured in Mayflower, about 25 miles northwest of Little Rock. Crews are still working to clean up oil that spewed onto lawns and roadways and almost fouled nearby Lake Conway.
Jeanne Nuss, Associated Press, Christian Science Monitor 04/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Christian Science Monitor    

 

Jurors to Hear Closing Arguments in NH's MTBE Case

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Jurors in the longest state trial in New Hampshire's history will return to the courtroom this week after a nearly two-week hiatus to hear closing arguments in the state's groundwater contamination case against Exxon Mobil Corp. Lawyers for the state want jurors to hold Exxon Mobil liable to the tune of $240 million to monitor and clean up wells and public water systems contaminated by the gasoline additive MTBE, or methyl tertiary butyl ether.
LYNNE TUOHY, Associated Press , Star Tribune-South Metro 04/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Star Tribune-South Metro    

 

Tx Supreme Court Rules Against Ft Worth Family Whose Dog Accidentally Euthanize

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The Texas Supreme Court ruled against a Fort Worth family who sued for the sentimental value of their dog after it was mistakenly euthanized at a Fort Worth animal shelter. The case was being watched by animal advocates, pet product manufacturers and veterinary groups after the 2nd Court of Appeals in Fort Worth that said owners can claim sentimental value for their deceased pets, overturning a 120-year-old state Supreme Court decision stating that a person can only sue for the market value of a pet. But the court, in a unanimous decision from the court, stood by its earlier precedent and said that a pet owner's attachment to their family pet, while unquestionable, is also uncompensable.
Elizabeth Campbell, Star Telegram 04/08/2013   Facebook iconTwitter iconLinkedIn Icon

Read Article: Star Telegram    


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