TTLA EClips | | | October 01, 2007 |
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| | | | | A judge dismissed almost all of a customer lawsuit Thursday that accused the world’s largest insurance broker of fixing prices with insurers. The lawsuit claimed that Marsh & McLennan Cos. used fake quotes to entice customers to use favored insurers in exchange for hidden fees. The judge’s dismissal will affect clients who chose not to opt into a $850 million settlement negotiated in 2005. Zachary R. Mider, Bloomberg 09/28/2007 | |
| | A jury awarded $6 million Wednesday to a Texas man who man who was critically injured when his motorcycle was struck by a tractor-trailer last year. Jurors rejected the trucking company’s contention that the accident was the plaintiff’s fault. The collision caused the plaintiff to lose four fingers on his left hand and has hindered his ability to walk without assistance. Tommy Witherspoon, Waco Tribune Herald 09/27/2007 | |
| | Three years after the recall of Vioxx, thousands of lawsuits involving the drug remain unresolved and legal experts speculate that it may take several more years before the majority of the litigation is decided. Officials at Merck, Vioxx’s maker, have vowed to aggressively defend almost 60,000 pending lawsuits filed by consumers, shareholders and states. Plaintiff attorneys say they will remain vigilant in pursuing cases against the drug maker. Linda A. Johnson, Yahoo News 09/28/2007 | |
| | A federal jury found for a couple Friday in their lawsuit against USAA Casualty Insurance Co. over charges that the insurer should have paid for hurricane damages to their beachfront home. Kevin and Sherry Webster contended that all of the $1.7 million in damages were caused by wind, wind-blown debris or wind-driven rain, all of which were covered by the couple’s policy. A district court judge is expected to calculate exactly how much the insurer will have to pay the policyholders. AP, The Jackson Clarion-Ledger 09/28/2007 | |
| | A Massachusetts sex-change patient has filed a lawsuit against the Internal Revenue Service that claims the tax agency should have issued the woman a $5,000 refund for medical costs associated with surgery. The IRS initially issued the refund but then ordered the money be returned after determining the surgery was cosmetic and not tax deductible. Medical experts argue that such a procedure should be covered under the tax code as a viable option for those who suffer from gender identity disorder. Anthony Faiola, TheWashington Post 10/01/2007 | |
| | A California jury awarded punitive damages Friday to a long time employee of Raley’s supermarket for enduring years of racial discrimination. The jury of four women and four men found that Raley’s had consistently failed to promote the employee because he is African-American. The jury’s punitive damages award brings the total judgment against the grocer to almost $1.5 million. Denny Walsh, The Sacramento Bee 09/29/2007 | |
| | Federal aviation officials and the airline industry have come close to reaching a 10 year goal of reducing fatal airplane accidents by 80 percent. The deadline for the goal expired at midnight on Sunday with regulators reporting a 65 percent drop in the accident rate. Experts and safety officials cite increased efforts to identify minor problems that are often precursors to accidents and increased communication within the industry as contributing factors in the drop. Matthew L. Wald, The New York Times 10/01/2007 | |
| | Federal safety officials are pushing for the Food and Drug Administration to remove all over-the-counter cough and cold medicines for children from the market. Safety experts have suggested that the medicines are not an effective means for treating children and may pose a more significant safety risk than previously thought. Between 1969 and 2006, a combined 123 children died after taking decongestants or antihistamines. Gardiner Harris, The New York Times 09/29/2007 | |
| | The recalls of lead-tainted toys have sparked widespread publicity and outrage among parents but experts warn that the greatest danger of lead poisoning is in the home itself. Lead in house paint, dirt and drinking water all pose a greater risk of causing life threatening illnesses than playing with lead-coated toys, experts say. Approximately 4 million households with children have some layers of lead paint, the Centers for Disease Control estimates. Donald G. McNeil Jr. and Amy Schoenfeld, The New York Times 09/29/2007 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | Dr. Marvin Brown's report established that he had the necessary experience and knowledge to render an expert opinion in the case. Accordingly, the trial court did not abuse its discretion when it denied Dr. Michael Wissa's motion to dismiss Brown’s expert report. Wissa v. Voosen, San Antonio Court of Appeals, No. 04-07-00386-CV, 9-26-2007. , Texas Lawyer Opinions (TTLA Members Only) 10/01/2007 | |
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