| | In a case that has twice been heard by the United States Supreme Court, the Oregon Supreme Court has upheld a $79.5 million punitive damages award for the family of a man who died of lung cancer after many years of smoking. Philip Morris had twice appealed the case to the nation’s highest court over jury instructions and the size of the award. In each decision, the U.S. Supreme Court remanded the case with instructions favorable to the cigarette maker. Tim Fought, Yahoo News 01/31/2008 | |
| | A trial scheduled to begin Monday will decide whether Mitsubishi Motors was negligent for allegedly ignoring a seatbelt defect that may have killed a man during a rollover accident. According to the lawsuit, the passenger side seatbelt in the Mitsubishi’s 2001 Montero SUV allows too much slack, which allowed the passenger in the accident to be ejected from the vehicle and killed. In 2000, the company admitted that it has systematically covered up defects and skirted proper recalls for decades. Yuri Kageyama, Yahoo News 02/01/2008 | |
| | A federal judge granted class action status Thursday to a lawsuit that accuses one of the nation’s largest insurers of overcharging Ohio homeowners for title insurance. In the lawsuit, plaintiffs claim that Fidelity National Title Insurance Co. failed to provide customers with posted discounts on policies issued in mortgage refinancing transactions that took place within 10 years of the original home purchase. The class could potentially cover as many as 94,000 homeowners who purchased policies since 2000. Gary T. Pakulski, ToledoBlade 02/01/2008 | |
| | Jurors began deliberations Thursday to decide a lawsuit filed by current and former female inmates of the Michigan prison system who allege widespread sexual misconduct by male staff members. According to the lawsuit, male staff members engaged in sexual assault, inappropriate touching, harassment and invasion of privacy. Three similar cases are currently pending against the state. Dawson Bell, Detroit Free Press 01/31/2008 | |
| | Doctors at Dallas’ Presbyterian Hospital defrauded a number of female patients by recommending treatments for conditions they did not have, according to a lawsuit filed Tuesday. In the lawsuit, the patients claim that doctors intentionally misinterpreted test results in order to convince the women that they were suffering from heart problems. A total of 16 women are represented in the lawsuit. Stephen C. Webster, Dallas Business Journal 01/30/2008 | |
| | Two Eli Lilly and Co. shareholders have filed a lawsuit claming that top company officials recklessly disregarded the company’s bottom line by engaging in illegal marketing tactics. The lawsuit is the latest in a series of complaints filed against Lilly over its marketing of the antipsychotic medication Zyprexa. Zyprexa-related litigation has cost Lilly more than $1 billion thus far. Tom Murphy, Kansas City Star 01/31/2008 | |
| | A Government Accountability Office report issued Wednesday said that private insurance companies should not be allowed to process claims for the National Flood Insurance Program. The report stems from allegations that some private insurance companies billed damages caused by winds to the flood damage program. The report also urges Congress to introduce legislation that would allow regulators to access files on a property's wind claims. Rebecca Mowbray, New Orleans Times-Picayune 01/31/2008 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | The record supported the conclusion that the trial court entered judgment on the jury's verdict rather than the Rule 11 agreement. Baylor College of Medicine v. Camberg, Houston's 14th Court of Appeals, No. 14-06-00500-CV, 1-29-2008. , Texas Lawyer Opinions (TTLA Members Only) 02/01/2008 | |
| | A Food and Drug Administration analysis has revealed that drugs used to treat epilepsy, bipolar illness and mood problems increase the risk of suicidal thoughts and behaviors. According to the study, which examined 199 clinical trials, the risk of suicidal thought and behavior roughly doubled for those undergoing drug therapies when compared to patients who were given placebos. The increased risk, affecting less than 0.5 percent of patients, does not overshadow the benefits of the drugs, doctors argue. Gardiner Harris and Benedict Carey, The New York Times 02/01/2008 | |
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