Archive for the ‘Legal Rulings’
Published
December 8th, 2009
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Briefs, Legal Rulings, Of General Interest, Wrongful Death |
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The family of a woman who died after police shocked her with a Taser cannot pursue a lawsuit against a Georgia sheriff’s department, a federal appeals court has ruled. In the decision, the 11th Circuit Court of Appeals upheld the dismissal of the suit, finding Whitfield County Sheriff’s deputies acted appropriately. A medical exam later determined that the woman died of malignant hyperthermia caused by “methamphetamine toxicity.”
Published
December 1st, 2009
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Bodily Injuries, Briefs, Legal Rulings, Of General Interest |
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A Texas appeals court has refused extend liability for a 2003 drug-fueled stabbing incident beyond that of the assailant, according to the Austin American-Statesman. Dustin McManus was sentenced to a 15-year prison sentence after he stabbed 10 high school students during a Halloween party while he was under the influence of hallucinogenic mushrooms and marijuana. Two of the victims had sought to extend the circle of responsibility to friends that had brought McManus to the party.
Published
December 1st, 2009
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Briefs, Legal Rulings, Wrongful Death |
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The mother of Utah teenager who died while in state custody can pursue her lawsuit against several state agencies, a federal judge has ruled. U.S. District Judge Dale Kimball rejected arguments by the state that it was immune from the lawsuit because of a state incarceration immunity clause. The suit seeks damages from state of Utah, the Department of Human Services, the Division of Juvenile Justice Services, private provider Quest Youth Services and several individuals who operate or work for the company.
Published
November 19th, 2009
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Briefs, Legal Rulings, Of General Interest, Product Liability |
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A judge said Wednesday that she will support sending as many as 6,000 lawsuits over the antipsychotic drug Seroquel back to their courts of origin for possible trials, according to Bloomberg News. Plaintiffs in the cases allege that Seroquel causes diabetes. AstraZeneca has maintained the returning all the cases to their home courts would create a needless burden for local judges.
Published
November 18th, 2009
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Automobile Accidents, Briefs, Legal Rulings, Misconduct, Of General Interest, Product Liability |
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The Nebraska Supreme Court has cleared the way for a lawsuit arising from injuries suffered by a woman whose family purchased a used automobile from a dealer that failed to inspect it prior to the sale. In the ruling, the high court held that the dealer was obligated to warn consumers about potential defects. The lawsuit seeks unspecified monetary damages.
Published
October 19th, 2009
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Briefs, Legal Rulings, Medical Malpractice, Of General Interest |
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A federal appeals court has ruled against the family of a Desert Storm veteran who claimed that the government should have diagnosed a parasitic disease he passed on to his wife and children. A three-judge panel of the 6th Circuit Court of Appeals held that there was insufficient evidence that Veterans Affairs doctors should have known that man contracted leishmaniasis while serving in Saudi Arabia. The disease, spread by sand flies, is characterized by weight loss, fever and an enlarged liver.
Published
October 12th, 2009
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Bodily Injuries, Briefs, Case Settlements, Legal Rulings, Medical Malpractice, Of General Interest |
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A judge in California has approved a $5.75 million settlement between the University of California-Davis Medical Center and the family of a boy who suffered severe neurological injuries during birth at the hospital. According to the lawsuit, hospital staff ignored signs that the baby was in distress and likely lacked oxygen. The boy now suffers from cerebral palsy and other disabilities.
Published
September 3rd, 2009
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Jury Awards, Legal Rulings, Your Government at Work for You |
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Pfizer Inc. has agreed to pay $2.3 billion to settle a government investigation into the marketing of the withdrawn Bextra pain medicine and 13 other drugs. The size of the settlement stems from the government’s determination that Pfizer was a repeat offender, according to Reuters. The settlement is believed to be the largest in history related to the improper marketing of prescriptions drugs.
Published
August 24th, 2009
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Briefs, Legal Rulings, Of General Interest |
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A 9th Circuit Court of Appeals panel has ruled against the descendants of Armenian genocide victims involved in several class actions against life insurance companies. In a 2-1 ruling, the court held that a California statute that prompted several multimillion dollar settlements was pre-empted by U.S. foreign policy. Companies including New York Life Insurance Co. and AXA S.A. had previous settled genocide-related claims for amounts in excess of $15 million.
Published
August 6th, 2009
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Briefs, Legal Rulings, Misconduct, Of General Interest, Recent Rulings, Wrongful Death |
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A Rhode Island college is challenging a judge’s order to turn over documents related to the 2002 death of a student. In an appeal to the state supreme court, attorneys for Providence College argue that the documents are privileged and should not be released. The lawsuit claims that the school’s insufficient safety precautions caused the plaintiff’s son to fall from the roof of a four-story dormitory.