TTLA EClips
February 04, 2008
 
 
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LAWS/CASES
 
Two Rhode Island television stations and a television cameraman have agreed to pay $30 million to the families and survivors of a nightclub fire that killed 100 people. According to the lawsuit, the cameraman blocked an exit, preventing patrons from fleeing the fire. The tentative resolution, reached in mediation, is the largest settlement so far stemming from the 2003 fire.  Andrea Estes, Boston Globe  02/02/2008
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A federal jury ordered American Fidelity Assurance Co. to pay $10.8 million Friday after finding that the insurer improperly lowered benefits owed to the mother of a deceased policyholder. In the lawsuit, Dolores Metzger claimed that American Fidelity violated state law and acted in bad faith by changing its policy for paying actual charges for its cancer insurance plans. Attorneys for American Fidelity Assurance Co. said they will ask a judge to set the verdict aside.  Don Mecoy, Oklahoma City Oklahoman  02/02/2008
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Homeowners can seek to recover damages for shoddy workmanship long after the original buyer has moved, the Iowa Supreme Court ruled Friday. The court’s ruling stems from a lawsuit filed by Robert and Beverly Speight who discovered that water damage and mold in their home was caused by a poorly built roof and rain gutters. The builder of the home claimed that laws covering such defects applied only to the original homeowner.  AP, Forbes  02/01/2008
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The Department of Justice has declined to intervene in a federal whistleblower lawsuit that accuses insurance companies of overcharging the federal government for flood damages caused by Hurricane Katrina. According to the lawsuit, State Farm manipulated engineering reports in order to deny claims by policyholders. The lawsuit was originally filed by Richard "Dickie" Scruggs and other attorneys on behalf of two sisters who helped State Farm adjust claims following the hurricane.  AP, Biloxi Sun Herald  02/02/2008
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The Food and Drug Administration issued a public health advisory Friday warning that the Pfizer Inc. anti-smoking drug Chantix appears to raise the risk of psychiatric disorders. The FDA warning and upcoming labeling changes follow 39 reported suicides by patients taking the medicine. More than 5 million prescriptions have been written for Chantix since it became available to the public in 2006.  Shannon Pettypiece, Bloomberg  02/01/2008
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A jury in Houston has ordered FedEx Corp. to pay $2.9 million to a former employee who claimed the company discriminated against him because of his race. Derosher Price had accused the company of retaliation that ultimately led to his firing after he filed a previous lawsuit in 1999. The $2.9 million award included $2.5 million in punitive damages.  L.M. Sixel, HoustonChronicle  02/01/2008
Read Article: Houston Chronicle    
 
A new study, conducted by the National Senior Citizens Law Center, has found that some nursing home agreements may conflict with state and federal laws governing care for the elderly. According to the study, which surveyed admission agreements for nursing homes in Missouri, some agreements improperly limited obligations for resident care and conflicted with the federal Nursing Home Reform Law. Additionally, the study found that some agreements sought to limit potential liability by requiring residents to submit to arbitration rather than using the courts.  Paul WenskeKansas City Star  02/02/2008
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The Supreme Court is scheduled to hear three major employment retaliation cases during this term. The spike in the number of retaliation cases before the court coincides with a surge of retaliation claims filed with the Equal Employment Opportunity Commission, which represented 30 percent of all discrimination claims filed with the agency in 2006. The three cases before the court for review are: CBOCS West v. Humphries, No. 06-1431; Gomez-Perez v. Potter, No. 06-1321; Crawford v. Metropolitan Gov't of Nashville, No. 06-1595.  Marcia Coyle, Law.com  02/04/2008
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STUDY
 
New research from University of Washington doctors suggests that infants may be exposed to chemicals that have been linked to reproductive problems through shampoos, lotions and powders. The study found that infants who had been shampooed, powdered or lotioned with baby products showed increased levels of chemicals known as phthalates in their urine. The Food and Drug Administration does not currently require manufacturers to list phthalates on product labels.  Lindsey Tanner, Houston Chronicle  02/03/2008
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