| | If you have a medical malpractice case (but not a death case) that can be filed in the U.S. District Court in Marshall, please email Steve Pershing at Steve.Pershing@cclfirm.com. |
| | State Farm Insurance should pay $8 million in punitive damages to twoMissouri residents who accused the insurer of malicious prosecution and breach of contract, a state appeals court has ruled. Jennie Hampton and Marvin Vail were charged with insurance fraud nearly 10 years ago after State Farm declined to pay a $10,000 claim for a stolen vehicle owned by Hampton.Hampton and Vail were later acquitted of the charges. In the civil trial, a jury awarded Hampton and Vail 400,000 each in addition to punitive damages assessed by the judge. Tony Rizzo, Kansas City Star 01/08/2008 | |
| | General Motors Corp. is expected to pay approximately $39 million to settle claims filed by a class of current and former employees whose pension and retirement funds suffered when company stock lost value. According to the lawsuit, the automaker violated the Employee Retiree and Income Security Act by investing too much of its own stock in 401(k) plans. A finalized version of the settlement is expected to be filed with the court by Jan 15. David Shepardson, Detroit News 01/09/2008 | |
| | Darden Restaurants, the company that owns Red Lobster and Olive Garden, has agreed to pay $4 million to settle two class action lawsuits that accused the company’s California outlets of violating wage-and-hour regulations. According to the lawsuits, restaurant managers forced employees to make up for cash shortages at the end of their shifts. Darden did not admit wrongdoing as part of the settlement. Harry Wessel, Orlando Sentinel 01/08/2008 | |
| | The Tennessee Supreme Court will decide whether a lawsuit, filed by woman who developed mesothelioma from exposure to asbestos particles inadvertently brought into her home from her father’s job at ALCOA Inc. and Breeding Insulation Co., can move forward. The plaintiff, Amanda Satterfield, who died in 2005, alleged that ALCOA was negligent for allowing employees to return home with asbestos dust in their clothing. Justices are expected to issue a written opinion on the case by early April. Rick Laney, Maryville Daily Times 01/09/2008 | |
| | A pollution prevention expert testified Tuesday that Burlington Northern Santa Fe Railway Co. was grossly negligent in exposing the residents of a smallTexas town to chemicals such as creosote and arsenic. An attorney for the railroad maintained that there is no scientific evidence linking the company’s plant to the plaintiff’s cancer. The lawsuit is the first of up to 200 similar suits filed by Somerville residents against the railroad company. David Koenig,Houston Chronicle 01/09/2008 | |
| | The Utah Supreme Court has reinstated a lawsuit filed by a woman whose 7-year-old son suffered a skull fracture when he was struck in the head with a hockey stick by another player. In the ruling, the justices reasoned that the 8-year-old who struck the boy was less likely to appreciate the likelihood of causing serious injury. The lawsuit seeks damages for medical expenses, pain and suffering from Safeco Insurance Co., the other family’s insurance carrier. Safeco has denied liability, saying the strike was not an accident. AP, The Salt Lake Tribune 01/09/2008 | |
| | A former San Francisco Zoo employee has filed a lawsuit that claims he was subjected to a hostile work environment after he voiced concerns about safety at the zoo’s lion and tiger areas. According to the lawsuit, zoo officials ignored the maintenance employee’s suggestions regarding animal security and safety procedures. The lawsuit also accuses the zoo of sexual harassment. Jaxon Van Derbeken, San Francisco Chronicle 01/09/2008 | |
| | A woman whose sister and niece were murdered outside a Boca Raton mall has filed a lawsuit against the shopping center and its owner. According to the wrongful death lawsuit, management at Town Center at Boca Raton and Simon Property Group were warned by city officials about protecting patrons but failed to take action. The lawsuit seeks unspecified damages. Nancy L. Othon, South Florida Sun-Sentinel 01/09/2008 | |
| | A dairy plant located about 35 miles from Boston has been linked to the death of three elderly men and a pregnant woman’s miscarriage, according to health officials. Regulators first began investigating the Whittier Farms plant after milk produced at the dairy was discovered in the home of a man diagnosed with listeriosis. Investigators are still unsure how the listeria bacteria contaminated the pasteurized milk. Denise Lavoie, Yahoo News 01/09/2008 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | Torts -- Legally sufficient evidence supported the jury's finding that Royce Homes LP diverted the natural flow of surface water in a manner that proximately caused damage to Mitch Humphrey's property. Royce Homes LP v. Humphrey, Beaumont Court of Appeals, 09-06-295-CV, 1-3-2008. , TexasLawyer Opinions (TTLA Members Only) 01/09/2008 | |
| | Insurance Law -- The district court -- which held that R.B.T. Welders Inc. had contracted to indemnify Kiewit Offshore Services for Kiewit's negligence with respect to the explosion and that the XL Specialty Insurance Co. policy provided coverage for R.B.T.'s contractual duty to indemnify -- did not err in granting summary judgment. XL Specialty Insurance Co. v. Kiewit Offshore Services Ltd., 5th U.S. Circuit Court of Appeals, No. 06-41785, 1-2-2008. ,Texas Lawyer Opinions (TTLA Members Only) 01/09/2008 | |
| | Civil Practice -- A motion for a new trial filed after the trial court overruled a previous motion for new trial is not timely for purposes of extending the trial court’s plenary power. In Re: Brookshire Grocery Co., Texas Supreme Court, No. 05-0300, 1-4-2008. , Texas Lawyer Opinions (TTLA Members Only) 01/09/2008 | |
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