| | Ski resorts may be held liable for injuries to some skiers who signed liability waivers, the Utah Supreme Court has ruled. The decision stems from a lawsuit filed against Snowbird resort by a skier who suffered serious injuries after colliding with a wall that was obscured by snow. The court found that waivers may not apply if the injured can show that the resort could have prevented the accident. AP, San Jose Mercury News 12/18/2007 | |
| | Despite drawing a $25,000-a-day fine since September and an order from the Missouri Supreme Court, Allstate Insurance Co. continues to refuse to turn over documents that allegedly show a company plan to reap huge profits by shortchanging customers. According to plaintiff attorneys, the so-called McKinsey documents outline how the insurer developed a draconian claims payment system during the 1990s. Allstate contends that the documents should not be made public because they contain company trade secrets. JoeLambe, Kansas City Star 12/18/2007 | |
| | BP has reached a settlement with eight plaintiffs, marking an abrupt end to the second jury trial stemming from a 2005 refinery explosion. Plaintiffs had scored an early victory in the case when a manager at the Texas City refinery admitted that BP’s conduct was to blame for the 15 deaths in the explosion. BP had yet to present its case at the time of the settlement. The terms of the settlement were not disclosed. Kristen Hays, Houston Chronicle 12/18/2007 | |
| | An epoxy company accused of manslaughter for its role in the Big Dig tunnel collapse has lost its bid to have the case dismissed. Power Fasteners argued that the Massachusetts attorney general’s involvement in a separate civil case against the company created a conflict of interest. Judge Patrick Brady disagreed, finding that the attorney general represented the public interest in both cases. AP, Boston Herald 12/18/2007 | |
| | Schwan’s Home Services Inc. has reached a settlement in an Equal Employment Opportunity Commission lawsuit that accused the frozen food delivery company of turning down job applicants because of their race. In the complaint, the EEOC alleged that Schwan’s hiring practices for delivery and warehouse jobs were motivated by racial stereotypes. Schwan’s was not forced to admit any wrongdoing as part of the settlement. Jim Salter, HoustonChronicle 12/18/2007 | |
| | A Wisconsin judge has ordered smokeless-tobacco manufacturer UST Inc. to pay $16 million in legal fees as part of an $83.5 million class action settlement. The lawsuit was filed on behalf of customers that claimed UST overcharged for their products. UST continues to deny any wrongdoing in the matter. Marie Rohde, Milwaukee Journal Sentinel 12/18/2007 | |
| | Patient advocates are concerned that confidential drug and alcohol treatment programs for doctors may be placing the public at unnecessary risk. Opponents of the programs argue that secrecy within the medical profession fails to arm patients with the knowledge to protect themselves from dangerous doctors. Supporters of the confidential programs say that medical misconduct by doctors in treatment is rare and that doing away with such programs would present a greater risk to patients. Marcus Wohlsen, San JoseMercury News 12/19/2007 | |
| | A New York doctor under investigation for allegedly exposing thousands of patients to hepatitis C had a lengthy history of malpractice complaints against him, court records show. According to records, Dr. Harvey Finkelstein had far more malpractice complaints filed against him than other doctors in his area and was enrolled in a malpractice pool for doctors who were unable to obtain insurance. State officials estimate that Dr. Finkelstein may have exposed as many as 11,000 patients to infectious diseases by reusing syringes. Melanie Lefkowitz, Newsday 12/19/2007 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | The trial court did not err by concluding that the Brock family's breach-of-fiduciary-duty and fraud claims were in fact claims for legal malpractice, and thus barred by the two-year statute of limitations. Murphy v. Gruber, Dallas Court of Appeals, No. 05-05-01013-CV, 12-13-2007. , Texas Lawyer Opinions (TTLA Members Only) 12/19/2007 | |
| | Waterways in and around the Houston metropolitan area are teaming with contaminants including fecal pathogens and dioxin, a report released by a nonprofit organization has found. The report, produced by the Center for Houston's Future, cites treatment plant overflows, leaking sewage pipes, suburban sprawl and fertilizer runoff as major contributors to the contamination. Fecal pathogens can pose serious health threats to people who use the waterways for recreation, an official at the organization said. Carolyn Feibel, Houston Chronicle 12/19/2007 | |
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