TTLA EClips
December 11, 2007
 
 
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LAWS/CASES
 
An appellate panel has declined to hear a request by W.R. Grace & Co. and its executives to review a government charge that the company knowingly exposed the residents of a Montana town to asbestos. The 9th Circuit Court of appeals will meet this week to decide a separate issue concerning which witnesses will be allowed to testify against the company. Last year, environmental regulators ordered Grace to pay approximately $55 million to clean up asbestos contamination around the town of LibbyMont.  Tricia Bishop, Baltimore Sun  12/07/2007
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Madison Square Garden has agreed to pay a former female executive $11.5 million to settle sexual harassment charges. The settlement includes an estimated $4 million in legal fees and will end the possibility of a lengthy appeals process. The settlement was reached three days before a federal judge was to hear arguments for compensatory damages in the case.  Richard Sandomir, The New York Times  12/11/2007
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The family of a dentist who died after doctors failed to check him for clot formation during a hospital stay will receive $4 million as part of a settlement with the hospital. According to an attorney for the family doctors at Lutheran General Hospital identified that the man was at high risk to develop clots but never ran tests to determine if clots were forming.  Staff Report, Lake CountyNews-Sun  12/11/2007
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Texas lawmakers, plaintiff attorneys and union groups are challenging a controversial Texas Supreme Court ruling that they argue wrongly shields industrial plants from liability claims filed by contract workers. Earlier this year the court ruled unanimously that a contract employee at an Entergy Gulf States plant could not recover damages for negligence because the company was protected by workers’ compensation laws. A bipartisan group a legislators has filed briefs with the court asking it to rehear the case.  Clay Robinson,Houston Chronicle  12/10/2007
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A top executive with BP’s North American refining division testified Monday that equipment at the company’s Texas City refinery was run to the point of failure prior to a 2005 explosion that killed 15 workers. The testimony came during the second civil trial for injured workers who allege that BP curtailed safety in favor of profits. A U.S. Chemical Safety and Hazard Board investigation into the incident revealed that multiple budget cuts ultimately led the explosion.  Kristen Hays, Houston Chronicle  12/11/2007
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California jury awarded $1 million to former elementary school teacher Friday who accused the school district of firing her because she had become pregnant. Jurors found that the school district engaged in a pattern of retaliatory conduct and ultimately chose not to renew the teacher’s contract because she was a woman. The bulk of the damages awarded were for loss of future earnings and mental suffering.  Chris Moran, San Diego Union Tribune  12/11/2007
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The Massachusetts Supreme Judicial Court ruled Monday that a doctor who failed to warn a patient about the side effects of medication can be held liable for an automobile accident that killed a boy. Justices reasoned that the doctor’s duty extended to anyone who could be harmed as a result of the side effects. Dissenting justices and physicians argue that the ruling could have a chilling effect on doctors.  Denise Lavoie, Boston Globe  12/10/2007
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A federal court judge has found that police officers should be paid for the time it takes to "don and doff" their uniforms. District Judge Marilyn Hall Patel ruled that the police uniform is an integral component in allowing officers to perform their jobs safely and effectively and that they should be compensated for the time it takes to put on uniforms and safety equipment. The judge's ruling is in conflict with the rulings of two federal judges earlier this year.  Bob Egelko, San Francisco Chronicle  12/11/2007
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More than 70 attorneys convened in New Orleans Monday to hear the details of a proposed $4.85 billion settlement that hopes to end thousands of Vioxx-related lawsuits against Merck & Co. Opinions of the settlement were mixed but most attorneys said they would likely advise their clients to accept the settlement. The briefing is one of dozens that have been held throughout the country since the settlement was announced in early November.  Michael Kunzelman, Yahoo News  12/11/2007
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A Justice Department attorney urged an appellate court Monday to dismiss a lawsuit that hopes to hold a former Environmental Protection Agency chief liable for statements about air safety in Manhattan following the Sept. 11 terrorist attack. The attorney argued that to hold Christine Todd Whitman personally liable for the statements would open all public officials to liability for statements made in the wake of disasters. Plaintiffs in the lawsuit are seeking damages to decontaminate property and the creation of a medical monitoring fund.  Larry Neumeister, Denver Post  12/10/2007
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