| | An employee at a General Motors / Toyota plant in California has filed a whistleblower lawsuit against the automakers alleging that managers intentionally overlooked serious safety flaws. In the lawsuit, Katy Cameron, a veteran auditor, claims that plant management routinely deleted defects that included brake and seatbelt problems. The lawsuit also claims that upon voicing concerns about alleged safety problems, Cameron was demoted and accused of suffering from mental instability. Yuri Kageyama, USA Today 11/20/2007 | |
| | Attorneys representing an epoxy company named in a criminal indictment stemming from a ceiling collapse in Boston’s Big Dig tunnel plan to seek a dismissal citing a conflict of interest by the state attorney general. According to court papers, Attorney General Martha Coakley should not be able to prosecute the case because of her office’s involvement in a pending lawsuit against Power Fasteners Inc. Attorneys for the epoxy company argue that Coakley’s involvement in the civil case threatens her ability to serve as a disinterested prosecutor. Andrea Estes, Boston Globe 11/27/2007 | |
| | The Supreme Court heard arguments Monday in LaRue v. DeWolff, Boberg & Associates Inc., a case that could affect the millions of Americans who have invested for retirement through 401(k) plans. At issue is whether the Employee Retirement Income Security Act allows individual employees to file lawsuits to recover losses incurred from mismanagement of their account. During arguments, the justices seemed unconvinced by the defense’s assertion that the statute provides relief only in cases where the entire plan was mismanaged. Linda Greenhouse, The New York Times 11/27/2007 | |
| | A court of appeals reversed a verdict in favor of the defense Monday in a class action securities case. The 9th Circuit Court of Appeals ruled that Thane International Inc. had misrepresented details of a pending merger to the Securities and Exchange Commission and to company shareholders and that the misrepresentations were material to the case. Barring an appeal, the case will be reheard in district court. Matthew Hirsch, Law.com 11/27/2007 | |
| | An attorney representing victims of a 2005 explosion at a BP refinery in Texasis urging a new judge to force federal officials to conduct a pre-sentencing investigation of the company to help determine the extent of BP’s criminal liability in the matter. A plea deal reached earlier this year by BP and the federal government does not provide a pre-sentencing investigation. The previous judge recused himself following complaints that he had worked for a law firm that represents BP prior to serving on the bench. Kristen Hays,Houston Chronicle 11/27/2007 | |
| | An undercover police officer who was shot six times by a colleague will receive $4.5 million as part of a settlement with the city of Minneapolis. The lawsuit, filed by Duy Ngo, sought $12 million in compensatory damages and $10 million in punitive damages. Ngo was able to return to the police force after several moths of rehabilitation but is restricted to desk duty. AP,Houston Chronicle 11/27/2007 | |
| | A couple seriously injured in June 2006 when a tanker truck hit their car on Interstate 35W near Burleson agreed to a $5.5 million settlement from theOklahoma company that owns the truck, United Petroleum Transports. The mediated settlement agreement ended a lawsuit filed in a Johnson County District Court. Another women injured in the same multi-vehicle collision received a separate, undisclosed settlement. , Ft. Worth Star Telegram 11/27/2007 | |
| | For the third time this year Rhode Island Hospital has performed brain surgery on the wrong side of a patient’s head. The third incident happened Friday during surgery on an 82-year-old man. Health officials have fined the hospital $50,000 and have ordered the hospital to reevaluate its procedures and surgery plans. AP, Yahoo News 11/27/2007 | |
| | Doctors from Maine to Hawaii are flocking to Texas amid hopes that caps on medical malpractice damages will prove to be a financial windfall. Likewise Republican presidential candidates are pointing to the state as a potential model for federal caps on noneconomic damages. However, patients, advocates and Democratic candidates argue that such caps hurt consumers and do little to limit medical costs. John Donelly, Boston Globe 11/26/2007 | |
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