Archive for
March, 2010
Published
March 31st, 2010
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Briefs, Legal Rulings, Of General Interest, Whistleblower Issues |
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The U.S. Supreme Court on Tuesday ruled 7-2 to further restrict the grounds on which whistle-blower lawsuits can be brought on behalf of the U.S. government. The ruling revolved around a portion of the False Claims Act, which allows ordinary citizens to help the government uncover and fight fraudulent contracts. One portion of the law prohibits whistle-blower suits brought on by information already public “in a congressional, administrative or Government Accounting Office report, hearing, audit or investigation.” The Department of Justice argued that that stipulation only covered federal reports, not reports at the state or local level, but the Supreme Court disagreed. The majority justices ruled that “administrative” reports covered state and local audits as well as federal audits
Published
March 31st, 2010
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Briefs, Of General Interest, Product Liability, Studies of Interest |
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The F.D.A.’s Tobacco Products Scientific Advisory Committee will take a close look at the issue of menthol flavorings in cigarettes this week. Congress has instructed the F.D.A to issue a report on menthol in cigarettes and take action by 2012. Anti-smoking experts say that menthol masks the harsh taste of cigarettes and thus is a useful tool in marketing to young consumers. They also claim that menthol cigarettes are marketed to African-American smokers, who have the highest rates of smoking-related diseases, the New York Times reports. Committee officials have refused to comment on the possibility the F.D.A. may ban menthol completely.
Published
March 30th, 2010
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Briefs, Of General Interest, Studies of Interest |
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A widely used chemical compound has officially added as a “chemical of concern,” federal regulators said Monday. The chemical, Bisphenol A or BPA, has drawn increased scrutiny in recent years after being linked to health problems ranging from heart disease to abnormal development in animals. The announcement by the Environmental Protection Agency does not existing regulation of the chemical, according to the Washington Post.
Published
March 30th, 2010
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Briefs, Jury Awards, Of General Interest, Wrongful Death |
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A Massachusetts jury has awarded the family of Antwoine Key more than $2 million in a wrongful death lawsuit filed against a Massachusetts doctor allegedly responsible for his death. In 2001, Dr. Dorina R. Abdulah had deemed Key medically eligible to play collegiate basketball at Eastern Connecticut State University. Key died on the court in 2005 of hypertrophic cardiomyopathy. During his review, Abdulah found a “slight systolic murmur” in Key’s heart, but deemed him healthy enough to play. The lawsuit claimed that Abdulah should not have approved Key to play without further examination.
Published
March 30th, 2010
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Briefs, Misconduct, Of General Interest, Recent case filings |
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Washington homeowners filed a class-action lawsuit last week against Bank of America, claiming the bank has failed to use the $25 billion in government money it received last year to help struggling homeowners facing foreclosure. The bank participated in the Troubled Asset Relief Program and agreed to reduce loan payments to affordable levels as part of the program – a stipulation the lawsuit claims never happened. Two of the plaintiffs, Kamie and Daniel Kahlo, claim they have been trying to work with the bank for the last year to have their mortgage payments reduced, and the bank has failed to do so.
Published
March 30th, 2010
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Uncategorized |
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Colorado Springs Motorcycle officer C. Cherry was conducting traffic enforcement on the South Powers corridor and noticed a motorcycle speeding southbound. When the suspect motorcycle saw the officer, he increased speed and made evasive maneuvers as Officer Cherry attempted to catch up to him. As the officer got closer and initiated his emergency lights, the suspect motorcycle lost control on an off ramp and crashed into a curb. No other vehicles were involved. The suspect driver, a 44 y/o male, was conscious and alert at the scene but sustained injuries to his left leg/hip. He was transported by AMR ambulance to Memorial hospital. An inventory search of the suspect’s motorcycle and property found suspected methamphetamine and marijuana. The suspect will be charged with felony eluding, related traffic charges, and possession of illegal substances.
Published
March 29th, 2010
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Briefs, Of General Interest |
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A malpractice lawsuit was filed in 2007 against a Texas doctor who was delivering babies while addicted to Valium and hydrocodone. However, when the lawsuit was filed, Dr. Howard Offenbach suddenly disappeared, and has yet to be found. The Texas Supreme Court heard oral arguments last week claiming that the 120-day limit to serve a defendant in a malpractice suit is allowing Offenbach to escape liability because nobody, even his own lawyers, can locate him. The Texas malpractice law does not allow for any extensions of the 120-day deadline, but lawyers for the plaintiff argued to the Supreme Court that not granting the woman her day in court would be in violation of the state Constitution. Justice Dale Wainwright expressed concern over the court’s dilemma, noting that “one one hand, we don’t want defendants dodging or hiding to let the 120 days lapse. On the other hand, we don’t want claimants to be lax in any way when the Legislature used this kind of strict rule.”
Published
March 29th, 2010
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Briefs, Jury Awards, Misconduct, Of General Interest |
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A Texas jury has awarded $9 million to a woman who filed a lawsuit against WalMart after she was arrested at a Houston-area store in 2008. Nitra Gipson was accused of and arrested for trying to exchange allegedly counterfeit Walmart money orders for cash. She spent two nights in jail before being released after it was determined that her money orders were genuine.
Published
March 29th, 2010
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Automobile Accidents, Bodily Injuries, Briefs, Misconduct, Of General Interest |
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A civil trial began in Maryland last week that accuses Baltimore police officers of driving recklessly while transporting a suspect and causing his death. The $100 million lawsuit claims that officers failed to seat-belt Dondi Johnson Sr., whom they had arrested for public urination, and then proceeded to drive wildly, throwing Johnson around in the back of the police van. He suffered a fractured spine and died a month later.
Published
March 29th, 2010
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Briefs, Case Settlements, Of General Interest |
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A $1.1 million settlement has been reached in a lawsuit filed by 123 plaintiffs in Mississippi over the collapse of Big Bay Lake Dam in 2004. The money will go towards repairs of over 100 homes that were damaged when the dam broke. Many of the those affected by the floods have not been able to afford to move back and fix up their homes.