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| The West Virginia Supreme Court unanimously declined to hear the appeal of a doctor ordered to pay $1.7 million to a patient who was blinded during spinal surgery. Attorneys for Dr. Kenneth D'Amato, who had claimed the plaintiff was faking his injuries, argued that the trial judge had wrongly calculated the final judgment. AP, Charleston Daily Mail 10/29/2007 | |
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| The Supreme Court said Monday that it will hear Exxon’s appeal of a $2.5 billion punitive damage award to thousands of fishermen, landowners and businesses who were affected by the Exxon Valdez oil spill. In its appeal, Exxon argued that the $3.5 billion the company has already paid in compensation rendered the award a violation of due process. The Justice’s review of the case will focus on three statutory questions of maritime law. Arguments in the appeal are expected to begin in February. Linda Greenhouse, The New York Times 10/30/2007 | |
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| Prominent class action attorney William S. Lerach pleaded guilty yesterday to conspiracy for his role in a scheme that paid kickbacks to plaintiffs. Lerach is perhaps best known for representing Enron shareholders in a lawsuit that yielded a $7.2 billion settlement. As part of the plea agreement, Lerach could face up to two years in prison and will pay almost $8 million in fines. Carrie Johnson, The Washington Post 10/30/2007 | |
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| Bankrupt auto parts supplier Dana Corp. has agreed to pay $2 million to settle approximately 7,500 personal injury claims stemming from gaskets that contained asbestos. The proposed settlement will resolve about 7 percent of mesothelioma and 4 percent of cancer claims against the company. As of June, Dana faced 150,000 asbestos-related personal injury claims. AP,Houston Chronicle 10/29/2007 | |
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| A chemical used to treat kidney disease may spur mass tort litigation. The chemical, gadolinium, is used to enhance medical images but can cause a painful and incurable disease called nephrogenic system fibrosis or NSF. In the wake of a recent Food and Drug Administration warning some firms are pursuing cases related to the chemical. Matthew Hirsch, Law.com 10/30/2007 | |
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| A federal judge approved a $46 million settlement offer from Morgan Stanley Monday to resolve allegations that the company discriminated against female financial advisers and trainees. The settlement includes provisions to increase salaries of female financial advisers and implement diversity-related programs. The settlement covers female financial advisers and trainees employed by Morgan Stanley from Aug. 2003 to June 2007. AP, Forbes 10/29/2007 | |
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| At least 14 people have accused that the State of Iowa of engaging in racially discriminatory hiring practices. In the class action lawsuit, plaintiffs claim that the state knowingly limits African-Americans' opportunities for jobs and promotions. The lawsuit seeks damages for back pay, benefits, loss of opportunity and changes in state hiring polices. Jason Clayworth, DesMoines Register 10/30/2007 | |
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| Advocates have cheered new legislation that requires drug and medical device manufacturers to reveal the results of clinical trials for products marketed to the public. However, the Congressional bill does not call on the makers of drugs and medical devices to disclose the test results for products that never made it to market. This leaves patients who participated in such clinical trials to wonder what the results were. Barry Meier, The New York Times 10/30/2007 | |
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| While awareness of the deadly drug resistant bacteria known as MRSA continues to rise, hospitals in most states are failing to track it. Unlike most illnesses, hospitals in many states are not required to report MRSA infection rates to patients. Hospitals are reluctant to report infection rates because they fear it will force patients away from their facility, one health official said. Alexis Grant, Houston Chronicle 10/30/2007 | |
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