| | A California jury has ordered the city of Oakland to pay approximately $6 million to a man for false arrest. According to the lawsuit, police officers violated the man’s civil rights when officers arrested the parolee for allegedly possessing a rifle. City officials say they expect to appeal the verdict. AP, San Jose Mercury News 12/03/2007 | |
| | A Georgia jury has awarded a woman $10 million for injuries that resulted from a sponge left inside her body during surgery. The sponge was not discovered until a CT scan was performed 10 days after the initial surgery. The 67-year-old woman developed a number of complications and infections that required subsequent surgeries, according to court records. Amy Leigh Womack, Macon Telegraph 11/30/2007 | |
| | The Pennsylvania Superior Court upheld a $600,000 summary judgment last week in favor of a class of attorneys who claimed that a medical records copying service overcharged them. In their decision, the court ruled against Recordex Acquisition’s applications for appeal and found that the judgment was appropriate. Gina Passarella, Law.com 12/03/2007 | |
| | An Illinois State Trooper, whose vehicle crossed a median last month killing two teenagers, had a history of accidents, records show. A motorist received $1.7 million in damages in 2003 after Trooper Matt Mitchell rear-ended his vehicle. Mitchell was also involved in a single-car accident in 2002, police have said. Other motorists involved in the crash have retained counsel. Jeremy Kohler, St. Louis Post Dispatch 12/02/2007 | |
| | A class action lawsuit that accuses Wal-Mart of forcing employees to work off-the-clock and refusing them meal and rest breaks may add 75,000 additional plaintiffs to its ranks. Approximately 75,000 letters were mailed last week notifying current and former Washington employees that they have been added to the lawsuit. The case is the largest wage-and-hour lawsuit inWashington history, an attorney for the plaintiffs said. The trial for the class action is set to begin in 2009. Dan Richman, Seattle Post-Intelligencer 11/30/2007 | |
| | The top official at Rhode Island Hospital’s neurosurgery department has stepped aside after a third instance in which doctors mistakenly performed brain surgeries on the wrong side of a patient’s head. According to a hospital spokesperson, Dr. John A. Duncan will cease to run the department pending investigations into the three incidents. Last week, officials ordered the hospital to pay $50,000 in fines, increase training and provide additional safeguards. AP, The New York Times 11/30/2007 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | The terms of Tort Claims Act §101.106(e) provide for the former police officer's dismissal from the suit filed both against him and the City on the filing of a motion by the governmental unit. In the absence of a motion filed by the City, the ex-officer was not entitled to dismissal pursuant to section 101.106. Hernandez v. City of Lubbock, Amarillo Court of Appeals, No. 07-06-0094-CV, 11-27-2007 , Texas Lawyer Opinions (TTLA Members Only) 12/03/2007 | |
| | Because Braeburn's summary judgment motion and evidence fail to demonstrate as a matter of law that NCI, her employer, had control over the area where the dangerous condition existed, the summary judgment cannot be affirmed on that basis. Wilson v. Braeburn Presbyterian Church, Houston's 14th Court of Appeals, No. 14-06-00215-CV, 11-27-2007 , Texas Lawyer Opinions (TTLA Members Only) 12/03/2007 | |
| | New research has found that the diabetes drug Avandia may increase the risk of osteoporosis. According to the study, authored by a Salk Institute for Biological Studies physician, the drug increased the activity of cells that degrade bones, often leading to fractures. Avandia’s maker, GlaxoSmithKline, has previously acknowledged that older women taking the drug are more likely to suffer bone problems. Randolph E. Schmid, Houston Chronicle 12/03/2007 | |
| | Cancer experts are preparing to add an unusual potential risk to the causes of cancer – the nightshift. According to research, workers whose shift begins after dark are more likely to develop breast and prostate cancer. Researchers hypothesize that overnight work may disrupt the production of chemicals that suppress tumor growth. The International Agency for Research on Cancer, a branch of the World Health Organization, plans to add overnight shift work as a potential carcinogen next month. Maria Cheng, Chicago Tribune 11/30/2007 | |
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