| | Attorneys have filed a lawsuit on behalf of the members of a collegiate baseball team whose bus plunged off an Atlanta overpass last year in an effort to force insurers to recognize that the victims are entitled to coverage for their injuries. According to the lawsuit, Hartford Fire Insurance Co., American Alternative Insurance Corp. and Federal Insurance Co. have all failed to acknowledge that they provided coverage for the driver and bus that carried the Bluffton University team. Attorney estimated that the coverage totaled $21 million. John Seewer, Houston Chronicle 11/27/2007 | |
| | A Wisconsin family has reached a settlement with four spinach companies that allegedly produced tainted spinach that sickened more than 200 people in 2006. According to the family’s lawsuit, their two young children became extremely ill after eating Dole baby spinach. The complaint also named Natural Selection Foods LLC, Natural Selection Foods Manufacturing and Mission Organics. Terms of the settlement were not disclosed. Dinesh Ramde, Forbes 11/27/2007 | |
| | The city of Dana Point has agreed to pay nearly $50 million to two Californiawomen who were paralyzed after a car struck them while they were jogging. In the lawsuit, the women alleged that the bicycle lane in which they were running was too wide and improperly marked, possibly causing motorists to mistake it for another lane. The case was scheduled to go to trial Tuesday. David Reyes, LA Times 11/28/2007 | |
| | For the second time, a judge presiding over a criminal case stemming from a BP refinery explosion has recused himself because of connections to the oil company. According to a source close to the case, District Judge David Hittner stepped down because he is a longtime friend of an expert BP had retained for civil litigation related to the 2005 explosion. The previous judge left the case after attorneys complained that he had previously worked for a law firm that represents BP. Kristen Hays, Houston Chronicle 11/28/2007 | |
| | A civil trial began Tuesday in which the plaintiff claims that defective seatbelts in the Toyota Corolla caused the death of his father. In the lawsuit, Gurinder Singh alleges that the seatbelt in the family’s Corolla failed to unlatch, leaving his father trapped in the burning car. A separate whistleblower lawsuit has accused the automaker of ignoring safety defects during production at one of its California plants. Garrance Burke, San Jose Mercury News 11/27/2007 | |
| | A division of the Justice Department is investigating whether Countrywide Financial, the nation’s largest mortgage lender, abused the bankruptcy system during two foreclosures in Florida. The inquiry, led by the United States Trustee, comes as federal officials and courts seek to come curb improper claims and foreclosures within the lending industry. A recent study conducted by a University of Iowa law professor showed questionable charges in almost half the cases examined. Gretchen Morgenson, The New York Times 11/28/2007 | |
| | An Olive View-UCLA Medical Center patient who waited for more than three hours while complaining of chest pain died of a heart attack, a Los AngelesCounty medical examiner has determined. State and county health officials are investigating possible disciplinary action against the hospital and its staff. A simple test could have revealed whether the man was suffering a heart attack. Jack Leonard, LA Times 11/28/2007 | |
| | The residents of a Westbury, N.Y. apartment complex are searching for a new place to live after mold, mildew and severe water damage were discovered. According to Archstone-Smith, the company that developed and manages the complex, the extent of the damage and mold exposure is still unclear. In 2003, Archstone-Smith agreed to pay $25 million to tenants affected by mold problems at a Florida apartment complex. Jennifer Smith, Newsday 11/28/2007 | |
| | A federal health panel has urged the maker of a popular influenza treatment to strengthen warnings about possible psychiatric side effects. Food and Drug Administration advisers recommended that Tamiflu maker, Roche, should include warnings that some patients have died as a result of psychiatric problems associated with the flu drug. The majority of reported cases of psychiatric side effects have occurred in Japan, the drugs most popular market. More that 48 million people have taken Tamiflu since 1999. AP, TheNew York Times 11/28/2007 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | Because the text and commentary on FMVSS 205 show that it is best understood as a minimum safety standard, the plaintiff's common law negligence and strict liability claims are not preempted. O'Hara v. General Motors Corp., 5th U.S. Circuit Court of Appeals, No. 06-10498, 11-20-2007. ,Texas Lawyer Opinions (TTLA Members Only) 11/28/2007 | |
| | The trial court erred in granting a no-evidence summary judgment. Reasonable minds could differ as to whether the supervisor knew or should have reasonably believed that appellant would regard the supervisor tearing appellant's apron as offensive or provocative. Umana v. Kroger Texas L.P.,Dallas Court of Appeals, No. 05-06-01105-CV, 11-21-2007. , Texas Lawyer Opinions (TTLA Members Only) 11/28/2007 | |
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