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Safety Officials Investigating Jeep SUVs |
| The National Highway Traffic Safety Administration is expanding its investigation of Jeep Cherokees and Libertys over concerns involving the location of the vehicles' gas tanks. Safety officials are investigating whether the location of the gas tanks create a greater risk of the vehicles' catching fire during a rear-end collision. One official with the Center for Auto Safety said he believes "it’s only a matter of time" before Chrysler is forced to recall Jeep SUVs. Staff Report, Detroit Free Press 06/15/2012 | Read Article: Detroit Free Press |
Court Nixes Jury Verdict, Applies Learned Intermediary Doctrine |
| The pharmaceutical industry scored a big win on June 7 in the Texas Supreme Court. Not only did the court knock out a $3.6 million verdict against a Johnson & Johnson subsidiary that makes the drug Remicade, but it set a new, tougher standard in the state for bringing cases alleging failure-to-warn and fraud. The court adopted the "learned intermediary" rule, holding that a prescription drug maker fulfills its duty to warn a patient of its product's risks if it gives adequate warnings to the prescribing doctor. Susan Beck, The American Lawyer, The Advertiser 06/19/2012 | Read Article: The Advertiser |
Laws/Cases |
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Facebook to Pay $10 Million in Ads Lawsuit |
| Social media giant Facebook has agreed to pay $10 million to settle a lawsuit over the company's "Sponsored Stories" advertisements. The lawsuit claimed the company benefited from user "likes" without compensating the users or allowing them to opt out. The suit was filed in 2011 by five Facebook users. Salvador Rodriguez, Chicago Tribune 06/18/2012 | Read Article: Chicago Tribune |
Parents Sue School for Calling Son 'Dirty' |
| A Fort Worth, Texas, couple has filed a lawsuit against their 3rd grade son's school after the boy was forced to strip down and shower at school because he "smelled bad." The parents, who say their son was clean, say now the boy won't leave the house without taking multiple baths and dousing himself in cologne. Philip Caulfield , New York Daily News 06/17/2012 | Read Article: New York Daily News |
Court Says Disabled Child Can Attend Trial |
| The Georgia Supreme Court ruled a judge was wrong to exclude a girl from a trial out of concern her physical and mental disabilities could sway the jury. The court reversed a decision that limited the presence of Kyla Kesterson, who has severe cerebral palsy, during a medical malpractice trial. After a five-week trial, a Clarke County jury found in favor of Dr. Walter Jarrett, Athens Obstetrics and Gynecology and St. Mary's Hospital. But because Kyla was excluded from most of the trial, the case must be tried again. Bill Rankin , Atlanta Journal-Constitution 06/19/2012 | Read Article: Atlanta Journal-Constitution |
Woman Sues Divorce Attorney |
| Leticia B. Loya of Houston has filed a professional negligence/legal malpractice and breach of fiduciary duty suit against a Houston family law attorney and his firm alleging she lost more than $100 million in community assets in her divorce because of the defendants' actions. Loya also alleges that Tindall and the firm charged her "clearly outrageous, unreasonable and unconscionable" fees. Loya also alleges that Tindall and the firm charged her "clearly outrageous, unreasonable and unconscionable" fees. Brenda Sapino Jeffreys, Texas Lawyer 06/19/2012 | Read Article: Texas Lawyer |
Supreme Court Rules on Overtime Lawsuit |
| The U.S. Supreme Court has issued a ruled that pharmaceutical companies do not have to pay their employees overtime for hours spent visiting doctors' offices to promote products. The court, in a split decision, upheld a lower court's ruling that the employees were considered "outside sales" personnel, who are exempt from overtime pay requirements. James Vicini, Chicago Tribune 06/18/2012 | Read Article: Chicago Tribune |
Issues |
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Texas AG Opinion Sought in Over Access at State Commission on Judicial Conduct |
| Texas AG Greg Abbott could decide whether the Sunset Advisory Commission (SAC) staff, when conducting a sunset review, has a right to attend closed meetings and to have access to certain documents when the State Commission on Judicial Conduct (SCJC) considers complaints against judges. State Rep. Dennis Bonnen, the SAC’s chairman, asked Abbott for an opinion to address two questions: Is the SAC staff, as part of a sunset review, entitled to see confidential documents, including ones prepared by the SCJC attorneys, which may be subject to attorney-client privilege? Is the SAC staff, as part of a review, entitled to attend the SCJC’s proceedings, including disciplinary hearings before the judicial conduct commission? Mary Alice Robbins, blog, Texas Lawyer 06/19/2012 | Read Article: Texas Lawyer |
Wrongful Death |
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Boy Shot 11 Times by LAPD, $120 Million Suit Filed |
| A $120 million lawsuit has been filed against the Los Angeles Police Department over the fatal shooting of a 19-year-old boy in April. The boy fled a traffic stop on the night of April 11, leading police on a short chase before he was shot 11 times by officers, with as many as 120 rounds being fired, the suit says. Reports that the boy was intoxicated have proven false, and he was not armed at the time of the shooting. Bob Strauss, Contra Costa Times 06/18/2012 | Read Article: Contra Costa Times |
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