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May 15, 2017

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Medicareâ??s Evolving Role in Liability Settlements
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Texas Tribune Daily Brief

The Brief for May 15
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Bobby Blanchard, Texas Tribune 05/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Tribune


Laws/Cases

Roundup Gave Us Cancer as EPA Official Helped the Company
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More than 800 cancer patients suing Monsanto, the maker of Roundup, claiming the company failed to warn consumers about the risk of cancer associated with Roundup products. Monsanto says there's no proof that glyphosate is carcinogenic. In fact, it cites a report by the Environmental Protection Agency's Cancer Assessment Review Committee that said glyphosate is "not likely to be carcinogenic to humans". But the former chairman of that committee offered to stop an independent review on whether glyphosate could cause cancer, according to a plaintffs' motion to compel his deposition.
Holly Yan, CNN, Yahoo News 05/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Yahoo News

Jury Awards $40M to Offshore Oil Well Owner in â?˜Messageâ?? to Insurer
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Nearly 12 years after Hurricane Rita ripped through the Gulf of Mexico, a Texas jury Friday ordered an insurer to pay over $41 million to an oil company that lost an offshore oil-drilling platform and well, including $28 million in punitive damages and more than $1.6 million in attorney fees. The six-week trial revolved around claims by Houston-based equity firm Prime Natural Resources that the wellâ??s insurer, Lloydâ??s of London, improperly refused to reimburse some of the expenses it incurred to repair and replace it.
Greg Land, Texas Lawyer 05/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Texas Lawyer

Mississippi Court Says Rape Suit Doesn't Require Arbitration
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The Mississippi Supreme Court has ruled that a former tenant can sue a Jackson apartment complex where she was raped even though she signed an arbitration clause in her lease to settle disputes privately. The 8-1 decision on Thursday found that the tenant, suing under the pseudonym "Jane Doe," had signed an agreement to arbitrate only disputes about her lease, and not about what happened in the parking lot where she was kidnapped.
JEFF AMY, Associated Press, US News and World Report 05/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: US News and World Report

Johnson & Johnson Agrees to $406K Payout in Motrin Case
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Johnson & Johnson will pay $400,000 in a lawsuit over defective Motrin tablets sold in the state of Oregon. The state filed suit against Johnson & Johnson in 2011 alleging that it exposed consumers to defective supplies of the pain reliever and violated the state's unlawful trade practices act. The settlement was recently filed in Multnomah County Circuit Court and will result in the company paying $406,100 to the state. However, the settlement does not include an admission of wrongdoing by Johnson & Johnson.
Staff Report, The Oregonian 05/10/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The Oregonian

Austin Nursing Home Named in Lawsuit Over Video of Elderly Woman
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An elderly resident of Austin, Texas, has filed a lawsuit against the nursing home where an employee posted a video of someone smearing feces on her body and face. The lawsuit was filed by the 83-year-old woman on Monday in Travis County state district court. The lawsuit states that the employee who posted the video, which showed the plaintiff's naked body, to Snapchat is â??a despicable human being who proved himself to be someone who has no business caring for another helpless and defenseless human being.â?? The plaintiff is seeking $1 million for bodily damages and court costs.
Ryan Autullo, Austin American-Statesman 05/09/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: Austin American-Statesman


Products

A Shocking Diagnosis: Breast Implants â?˜Gave Me Cancerâ??
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Breast implant-associated anaplastic large-cell lymphoma â?? is a mysterious cancer that has affected a tiny proportion of the more than 10 million women worldwide who have received implants. Nearly all the cases have been linked to implants with a textured or slightly roughened surface, rather than a smooth covering. Texturing may cause inflammation that leads to cancer. If detected early, the lymphoma is often curable. The Food and Drug Administration first reported a link between implants and the disease in 2011, and information was added to the productsâ?? labeling. But the added warnings are deeply embedded in a dense list of complications, and no implants have been recalled. The F.D.A. advises women only â??to follow their doctorâ??s recommended actions for monitoring their breast implants,â?? a spokeswoman said in an email this month.
DENISE GRADY, The New York Times 05/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: The New York Times


Wrongful Death

Family of Teen Killed at Penn State Frat Party to File Suit
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The family of a teenager who died at a Penn State fraternity party plans to file a wrongful death lawsuit. The young man died on February 2 after falling face-first down a set of basement stairs at the party. Following the student's death, a grand jury investigation revealed that the 19-year-old was one of 14 students being hazed for entry into the fraternity. All of the pledges were required to participate in heavy drinking during the party, the investigation revealed. It was also discovered that about 12 hours elapsed between the incident and when someone called 9-1-1.
Craig Turpin, NJ.com 05/15/2017 Facebook iconTwitter iconLinkedIn Icon
Read Article: NJ.com



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