| | The Ohio Supreme Court upheld a 2004 law Thursday that places a cap on non-economic damages. The majority ruling found that the state’s general assembly had constitutional authority to enact the law. The case arose following a lawsuit by a woman who suffered potentially deadly blood clots allegedly caused by a birth control patch. A dissenting justice questioned the ruling, arguing that it granted the assembly too much power in determining damages awarded by a jury. Jim Provance, Toledo Blade 12/27/2007 | |
| | A District Court in the Northern District of Illinois has dismissed a lawsuit against Amerigroup Corp. that claimed the insurer underpaid hospitals for out-of-network services, according to a Securities and Exchange Commission filing. In the lawsuit, a former employee, Colleen Batty, alleged that she was wrongfully terminated after voicing complaints about the practice. The lawsuit sought to force the company to reinstate Batty and estimated back pay totaling $200,000. AP, Houston Chronicle 12/27/2007 | |
| | The Oregon Supreme Court ruled Friday that parts of a state law limiting liability claims against government employees and their agencies is unconstitutional. Justices found that portions of the Oregon Tort Claims Act violated plaintiffs’ rights to sufficiently recover damages for injuries caused by negligence. The ruling stemmed from a medical malpractice complaint filed against Oregon Health & Science University and five of its doctors. Peter Wong, Salem Statesman-Journal 12/29/2007 | |
| | Target Corp will pay up to $10 million to resolve claims that the company failed to pay California workers for earned vacation time. According to the class action lawsuit, the retailer forced employees to forfeit vacation time and failed to pay ex-employees for unused vacation days. The settlement covers current and former Target workers employed at California stores between 2002 and 2006. Houston Chronicle News Services, Houston Chronicle 12/28/2007 | |
| | The 9th Circuit Court of Appeals has overturned a lower court ruling and removed class action status for a lawsuit that accused United Parcel Service of discriminating against deaf and hard-of-hearing employees. The en banc decision ordered that a district court judge reconsider the previous ruling using a different standard. The class action lawsuit claims that UPS violated the Americans with Disabilities Act by prohibiting the hearing impaired from competing for jobs as drivers of small delivery trucks. Bob Egelko, San Francisco Chronicle 12/29/2007 | |
| | Travelers Companies have agreed to pay $6 million to settle complaints with nine states over accusations that the commercial insurer wrongly paid brokers to win business without the knowledge of clients. The broker, Marsh & McLennan Companies, agreed to pay $850 million in 2005 to settle related charges. Travelers is also expected to settle a shareholder lawsuit filed over disclosure of the fees. Bloomberg , Yahoo News 01/02/2008 | |
| | EZ Lube Inc. will pay $5 million to settle claims that the California-based oil change chain routinely charged customers for unnecessary repairs. Under the settlement, EZ Lube will also install surveillance cameras to help prevent fraudulent repairs. EZ Lube continues to maintain that no fraud occurred. AP,San Diego Union Tribune 01/01/2008 | |
| | An appellate panel has rejected a former deputy sheriff’s attempt to revive a product liability lawsuit against the maker of the Taser stun gun. In the complaint, the deputy claimed that he suffered a career-ending back injury after being shocked during a training exercise. At trial, a jury found that the deputy was not entitled to damages from Taser International Inc. Staff,Arizona Daily Star 01/01/2008 | |
| | A pair of American Airlines passengers who were stranded inside their planes for more than eight hours during a 2006 weather delay has filed lawsuits against the carrier. According to the complaints, the passengers were forced to stay inside the planes despite overflowing toilets and little access to food or water. The lawsuits seek class action status and unspecified damages for false imprisonment, fraud and negligence. AP, Houston Chronicle 01/02/2008 | |
| | A judge ruled last week that the Santa Barbara News-Press violated federal labor laws when it fired eight reporters for having union ties. In the ruling, Judge Willima G. Kocol found that the newspaper and its ownership showed a widespread disregard for employee rights. The newspaper has been ordered to reinstate the reporters with back pay. Attorneys for the newspaper said they expect to appeal. AP, Houston Chronicle 01/01/2008 | |
| | A West Virginia Supreme Court justice criticized state laws last week designed to limit medical malpractice litigation. In a dissenting opinion, Justice Larry Starcher called the laws absurd and unconstitutional and urged lawmakers to repeal them. Justice Starcher’s comments stemmed from a class action lawsuit involving contaminated surgical sutures. Justin D. Anderson,Charleston Daily Mail 01/02/2008 | |
| | A 60-year-old man who filed a lawsuit against the family of a 7-year-old boy who collided with him on a ski slope last year near Vail, Colo. has become the target of an Internet fueled backlash. Publicity surrounding the case started after the boy’s parents went to local media outlets to tell their side of the story. Attorneys are split as to the boy’s potential liability in the case. The lawsuit seeks $75,000 for medical expenses associated with a dislocated shoulder and rotator cuff injury the man says was caused by the accident. Nicholas Riccardi, LA Times 01/02/2008 | |
| | The New York City Council is considering two opposing bills that tenants and landlords hope will give them an advantage in court. The first bill proposes allowing tenants to file lawsuits in housing court to settle allegations of landlord harassment. The alternative bill would give landlords the right to pursue harassment claims against tenants. Tenant advocates contend that many landlords continually take tenants from rent-regulated apartments to court in order to force them out of the properties. Robin Shulman, TheWashington Post 12/31/2007 | |
| | Aetna plans to join insurance companies WellPoint and Humana in stopping payment for a powerful anesthetic used during a procedure to screen patients for colon cancer. According to insurers, the drug, which is usually administered by an anesthesiologist and used to relieve discomfort during colonoscopies, can add $300 to $1,000 to the cost of the procedure. Critics of the decision argue that it is a setback for cancer prevention and detection. Barnaby J. Feder, The New York Times 12/28/2007 | |
| | State health officials are blaming the Consumer Product Safety Commission for failing to investigate instances of respiratory problems that may be caused by a common waterproofing spray. The waterproofing sprays are sold nationwide under a variety of brand names and have been linked to thousands of lung injuries over the past several years, according to toxicology experts. Eric Lipton, The New York Times 12/29/2007 | |
| | Massachusetts health officials are working to uncover the source of a bacterial illness that killed two men and sickened two others. A central Massachusettsdairy agreed last week to stop production so the state could test for evidence of listeria. Officials suspect that milk may be the source of the illness after discovering contaminated milk at the home of one of the victims. Stephen Smith, Boston Globe 12/29/2007 | |
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