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October 26, 2011

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FDA: Medtronic Heart Catheter Linked to Serious Side Effects

28 Now Dead in Listeria Outbreak in Cantaloupe

Salmonella Contamination Prompts Egg Product Recall

Mo. Judge Declares Mistrial in Lawsuit Against Philip Morris USA

Homeowners File Lawsuit Against Chinese Drywall Manufacturer, Distributor

Pacific Island Residents Can Sue London Company in US

Oakland Settles Suit over Police Beating

 

 

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Announcements

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TTLA Annual Meeting & Advanced PI CLE December 1-2, Hotel ZaZa Houston

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Formerly the TTLA Annual Conference, our December event is now the Annual Meeting & Advanced PI CLE! We've streamlined this event and we're now offering a one-day Advanced PI CLE, along with the Annual Membership & Board Meeting, President's Luncheon, and a spectacular Holiday Party at the home of Steve and Amber Mostyn. Topics include: Trucking, Immigration, Insurance Bad Faith, Discovery, Cross Examination And More!  

 

Products

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FDA: Medtronic Heart Catheter Linked to Serious Side Effects

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Federal health regulators say an experimental catheter from Medtronic Inc. that uses extreme heat to correct irregular heartbeats caused safety side effects in nearly one-fifth of patients treated, far exceeding the study’s safety goal. In a review posted online Tuesday, FDA reviewers said about 56 percent of patients treated with the catheter saw their heart problem corrected. But FDA regulators note that more than 21 percent of those patients experienced a serious side effect shortly after the procedure, including stroke, heart failure and pneumonia.  Associated Press, The Washington Post  10/26/2011

Read Article: The Washington Post    

 

28 Now Dead in Listeria Outbreak in Cantaloupe

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The death toll in an outbreak of listeria in cantaloupe is still growing as federal health authorities report new deaths in Colorado, Kansas and Missouri. The Centers for Disease Control and Prevention said Tuesday that there now are 28 deaths linked to the outbreak in a dozen states. The CDC said 133 people have been sickened in 26 states, including the deaths.  Associated Press, ABC News  10/26/2011

Read Article: ABC News    

 

Salmonella Contamination Prompts Egg Product Recall

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American Egg Products has issued a recall of the company's five-pound cartons of frozen egg products due to potential salmonella contamination. The recalled products were distributed in Georgia and Florida. There have been no reported illnesses associated with the contaminated products.  Ian Simpson, Reuters  10/26/2011

Read Article: Reuters    

 

Laws/Cases

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Mo. Judge Declares Mistrial in Lawsuit Against Philip Morris USA

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A St. Louis judge declared a mistrial Tuesday in a $700 million lawsuit against Philip Morris USA, after jurors failed to reach agreement on whether Missouri smokers were misled into believing that light cigarettes were safer than regular cigarettes. The ruling by St. Louis Circuit Judge Michael David ended a class-action lawsuit that was originally filed in 2000 and went to trial just last month. Jurors began deliberations Oct. 18 and were into their fifth day before the judge declared the mistrial.  Associated Press, The Washington Post  10/26/2011

Read Article: The Washington Post    

 

Homeowners File Lawsuit Against Chinese Drywall Manufacturer, Distributor

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In Miami-Dade County court, a group of lawyers pressed for punitive damages against the German-based drywall manufacturing company Knauf and its Chinese outpost Knauf Plasterboard (Tianjin) Co. The homeowners’ original complaints have sought compensatory damages, and the motion for punitive damages could potentially lead to steeper penalties if Knauf is found to be liable for the tainted drywall used during the housing boom. Miami-Dade Circuit Judge Joseph Farina, presiding over the case, stopped short of allowing all plaintiffs to seek punitive damages, indicating that the individual cases will have to be heard on their merits. “My decision is not a class certification on punitive damages,” he said. “Each plaintiff must meet his or her burden of proof.” Though the cases may eventually go to trial, the process is likely to be complex and drawn out because of the large number of parties and allegations involved.  TOLUSE OLORUNNIPA, Miami Herald  10/26/2011

Read Article: Miami Herald    

 

Pacific Island Residents Can Sue London Company in US

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A federal appeals court has ruled that a London-based mining company can be sued in the United States on allegations it aided the government of Papua New Guinea in genocide and war crimes. The lawsuit was filed by residents of the island of Bougainville, who accuse Rio Tinto LLC of aiding Papua New Guinea. The decade-long civil war began after islanders sabotaged a gold and copper mine they claimed was fouling the environment. The 9th U.S. Circuit Court of Appeals’ ruling Tuesday reverses a lower court decision to toss the lawsuit.  Associated Press, The Washington Post  10/26/2011

Read Article: The Washington Post    

 

Oakland Settles Suit over Police Beating

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The city of Oakland has agreed to a $1.7 million settlement in a lawsuit filed by the family of a man who died after being severely beaten by Oakland police officers. The man died of pneumonia caused by multiple rib fractures and a collapsed lung in 2000, which the lawsuit claims were caused by the officers' beatings. While there was no note of force used in the police report, investigators discovered that at least five officers "had used some form of physical prowess" during the man's arrest.  Sean Maher and Cecily Burt, San Jose Mercury News  10/25/2011

Read Article: San Jose Mercury News    


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