| | Apple Inc. investors will refile some backdating claims against the computer company, attorneys said Tuesday. A federal judge ruled Monday that shareholder claims of fraud against Apple executives were filed beyond the statute of limitations but gave them the option to amend their claims. Following internal investigations, Apple has admitted that backdating has occurred and has restated some of its earnings. AP, San Jose Mercury News 11/20/2007 | |
| | The victims of a 2005 explosion at a BP refinery in Texas have rejected a proposed compensatory payment stemming from a government plea agreement with the oil company. Through court papers filed this week, attorneys for the victims succeeded in asking the judge to remove himself from the case because of a prior relationship with BP. Attorneys for the victims are expected to ask the new judge to levy a compensatory payment of $2 billion. Laurel Brubaker Calkins and Margaret Cronin Fisk, Bloomberg 11/21/2007 | |
| | Louisiana officials have agreed on a deal to pay a $3.4 million award to 43 former New Orleans District Attorney’s Office employees who were fired because of their race. Mayor Ray Nagin announced Tuesday that the state would pay $1.6 million, the city $1.1 million and the district attorney’s office $600,000. The looming collection of the judgment and other problems had threatened to shut down the district attorney’s office. Adam Nossiter, TheNew York Times 11/21/2007 | |
| | The Supreme Court is set to hear arguments Monday in a case that could have far reaching consequences for employees whose retirement savings rest in 401(k) plans. James LaRue claims that his employer mishandled $150,000 in savings, despite LaRue’s urging to pursue alternative investments. Justices will decide whether pension protection laws give employees the right to pursue litigation in order to recover such losses. Greg Stohr, Bloomberg 11/25/2007 | |
| | The Seattle Police Department has agreed to settle a lawsuit filed by a man who claimed that officers violated his civil rights and assaulted him outside aSeattle night club. A police investigation revealed that the arresting officer overreacted and violated department policy. The terms of the settlement were not disclosed but the city was not required to admit wrongdoing in the incident. Scott Gutierrez, Seattle Post-Intelligencer 11/25/2007 | |
| | A recent addition to Illinois civil rights law will expand the options of employees seeking legal recourse for job-related discrimination. The amendment, signed into law last year, allows workers to pursue discrimination claims in court rather than through the Illinois Human Rights Commission. Previously, an administrative hearing with the commission was the only option for employees to address discrimination grievances. Amanda Sachdev,Chicago Tribune 11/25/2007 | |
| | The Supreme Court will hear arguments next week in a case that could have major effects on evidence in employee discrimination claims. At issue is whether to allow so-called “me too” evidence by other employees in the same company who claim discrimination by a different supervisor. Legal experts expect the court’s decision in the case to have far reaching implications for cases filed under the Age Discrimination in Employment Act and the Americans with Disabilities Act. Marcia Coyle, Law.com 11/26/2007 | |
| | A woman who suffered a brain abscess after a physician’s assistant misdiagnosed a sinus infection should received $3 million, a jury has ruled. In 2001, Lynn Flaherty visited the office of doctors Lesley DeGiovanni and John Montini and was prescribed steroids for headaches and nasal problems. Experts later testified that the steroids likely worsened the infection. AP,Philadelphia Inquirer 11/23/2007 | |
| | Attorneys representing workers who were injured in a 2005 explosion at a BP refinery in Texas have accused the oil company of violating state law by fraudulently obtaining air pollution permits for the facility. According to the attorneys, BP violated the state’s revolving door law by hiring an engineer who had previously served as state regulator at the refinery. Attorneys in a separate case have also cited alleged improprieties by BP in gaining air quality permits. Laurel Brubaker Calkins and Margaret Cronin Fisk, Bloomberg 11/26/2007 | |
| | A Houston attorney is leading the charge to change the way courts hear claims by people with flood insurance. According to attorney Dax Faubus, homeowners with federally insured policies are at risk of being denied coverage and lack sufficient recourse to pursue legal action against their insurer. Attorneys for insurers agree that flood policyholders have fewer rights than other policyholders but insist that in most cases the courts get it right. Mary Flood, Houston Chronicle 11/19/2007 | |
| | Federal health regulators are examining a prescription smoking-cessation drug to determine whether it is tied to suicidal thoughts and violent behavior. The Food and Drug Administration announced this week that it had received reports that users of Chantix, produced by Pfizer, had experienced mood disorders and behavioral changes. Doctors have been told to monitor Chantix users for behavioral changes. AP, The New York Times 11/21/2007 | |
| | Doctors are calling on the makers of two widely prescribed cholesterol drugs to come forward with clinical trials to prove the drugs’ effectiveness and safety. Cardiologists have been waiting for pharmaceutical companies Merck and Schering-Plough to publish the results of Zetia and Vytorin trials for two years. Doctors fear that if the drugs prove to be less effective than advertised, patients may be putting themselves at unnecessary risk of heart attacks. Approximately 800,000 Americans are prescribed Zetia and Vytorin each year. Alex Berenson, The New York Times 11/21/2007 | |
| | More than 500,000 pieces of children’s jewelry have been recalled because they contain hazardous levels of lead, the Consumer Product Safety Commission announced today. The recall stems from an investigation by the New York Attorney General’s Office. Attorney General Andrew Cuomo has reached national settlements with several retailers involved in the sale of lead tainted items. Louise Story, The New York Times 11/21/2007 | |
| | Nearly 96,000 pounds of ground beef were recalled last week following an investigation by Illinois health officials. The Food Safety and Inspection Service of the Department of Agriculture announced the recall Saturday after two people reported symptoms that could have been caused by E. coli poisoning. The beef was produced by American Foods Group of Green Bayand was distributed to retailers and distributors in Indiana, Kentucky,Maryland, Ohio, Tennessee, Virginia and Wisconsin. AP, The New York Times 11/26/2007 | |
EDITORIALS/COLUMNS/LETTERS | | |
| | The annual Stella Awards, which lists the most extravagant lawsuits of the year, has recently made the rounds on the Internet and in in-boxes. However, this year’s top lawsuit was nothing more than popular urban myth, writes Houston Chronicle columnist Rick Casey. Casey cautions the public to take stories like those enumerated in the Stella Awards with a grain of salt and notes that stories about most “frivolous” lawsuits are usually nonsense. Rick Casey, Houston Chronicle 11/25/2007 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | The appellants alleged claims of strict liability for marketing defect and design defect respecting the third party owned and operated Ford 2001 XLT Expedition which backed over a child. The appellate court affirms the district court's take nothing judgment. Wright v. Ford Motor Co., 5th U.S. Circuit Court of Appeals, No. 05-41723, 11-15-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/26/2007 | |
| | Although final judgments should not lightly be disturbed, the rule should be liberally construed in order to achieve substantial justice. Moreover, the ultimate concern is whether the seaman relinquished his rights with an informed understanding and a full appreciation of the consequences when he settled his claim. Steverson v. GlobalSantaFe Corp., 5th U.S. Circuit Court of Appeals, No. 06-60674, 11-15-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/26/2007 | |
| | Actual malice focuses on the defendant's state of mind, particularly his attitude toward the truth of what he reported, which a plaintiff can prove through objective evidence about the publication's circumstances and the defendant's conduct at the time of publication. Abdel-Hafiz v. ABC Inc., Fort Worth Court of Appeals, No. 2-06-244-CV, 11-15 , Texas Lawyer Opinions (TTLA Members Only) 11/26/2007 | |
| | To establish actual malice, the plaintiff must prove that the defendant published a defamatory falsehood with knowledge that it was false or with reckless disregard of whether it was false or not. Fox Entertainment Group Inc. v. Abdel-Hafiz, Fort Worth Court of Appeals, No. 2-06-353-CV, 11-15-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/26/2007 | |
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