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March 11, 2008

State Court Upholds Damages in Ford Rollover Case

Settlement Approved in New York Life ERISA Lawsuit

Foreign Employees File Lawsuit Over Working Conditions

FAA, Airline Accused of Ignoring Safety Violations

Airline Fuel Company to Settle EEOC Suit

Device Maker Ordered to Pay for Burned Heart

Damages Awarded in Wrongful Death Case

California Looks at Expanded Medical Audit

San Antonio Court of Appeals: Civil Practice

Dallas Court of Appeals:Torts

 

 

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State Court Upholds Damages in Ford Rollover Case

A mother of two who was paralyzed after her Ford Explorer rolled over should receive $82.6 million in damages, a California appellate court concluded on Monday. The automaker had appealed the initial award, arguing that it was not warranted in light of the Supreme Court’s ruling in Philip Morris USA v. Williams. The 4th District Court of Appeal had previously reduced the award from $369 million to $82.6 million.  Mike Mckee, Law.com  03/11/2008

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Settlement Approved in New York Life ERISA Lawsuit

A group of employees from New York Life Insurance Co. will receive $14 million as part of a class action settlement approved by a federal judge Monday. In the lawsuit, employees claimed they were forced to pay excessive fees and expenses because the company invested billions in its own mutual funds. The settlement also calls for New York Life to take steps to prevent possible future misconduct in the handling of its pension plans.  Shannon P. Duffy, Law.com  03/11/2008

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Foreign Employees File Lawsuit Over Working Conditions

A group of foreign workers who were brought to the United States to supplement a labor force depleted by Hurricane Katrina have filed a lawsuit against the company that brought them to the country. According to the complaint, Signal International falsely promised the workers permanent-resident status, forced them to live in sub-standard housing and threatened them once they protested. Other groups of foreign laborers working along the Gulf Coast have also complained of exploitative working conditions since Hurricane Katrina.  Adam Nossiter, The New York Times  03/11/2008

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FAA, Airline Accused of Ignoring Safety Violations

Two whistleblowers have accused the Federal Aviation Administration of allowing Southwest Airlines to skip key safety inspections and attempting to intimidate investigators looking into the matter. According to government documents, produced by the Office of Special Counsel, the allegations appear to be substantially true. The House Transportation Committee is scheduled to hear testimony from the whistleblowers on April 3.  Alan Levin, USA Today  03/11/2008

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Airline Fuel Company to Settle EEOC Suit

Allied Aviation will pay a reported $1.9 million to settle allegations of racial discrimination and retaliation filed by 15 current and former employees. According to the lawsuit, filed by the Equal Employment Opportunity Commission, the company engaged in and allowed a pattern of discriminatory conduct to occur at its Dallas/Fort Worth Airport location. Allied Aviation claims to be the largest domestically owned provider of fuel services in the United States, employing about 500 workers.  David Wethe, Ft. Worth Star Telegram  03/11/2008

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Device Maker Ordered to Pay for Burned Heart

A Washington jury has ordered the maker of a medical device to pay $40.1 million to a man whose heart was severely burned during a relatively routine bypass operation. According to the lawsuit, Edwards Lifesciences Corp. failed to notify doctors about problems with a monitoring device that malfunctioned causing a catheter inside the man’s heart to heat to 500 degrees. The man eventually had to undergo a heart transplant. The award also included $8.3 million in punitive damages for malicious conduct by the company.  AP, Seattle Post-Intelligencer  03/11/2008

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Damages Awarded in Wrongful Death Case

A Pennsylvania jury has ordered the state police to pay $28 million to the family of a 12 year-old-boy who was shot by state troopers. Jurors found that the troopers, Samuel Nassan and Juan Curry, acted intentionally when they shot the unarmed boy. The verdict is believed to be the largest ever awarded against the Pennsylvania State Police.  Debra Erdley, Pittsburgh Tribune-Review  03/11/2008

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Healthcare

 

California Looks at Expanded Medical Audit

A California lawmaker on Monday called for a widespread audit of substance abuse programs for all healthcare personnel. Sen. Mark Ridley-Thomas said that a lack of uniformity among various healthcare boards that govern so-called diversion programs make such an audit necessary. The Medical Board of California decided last year to do away with confidential diversion programs after audits revealed that they were not effective.  Charles Ornstein, LA Times  03/11/2008

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TEXAS LAWYER CASE SUMMARIES

 

San Antonio Court of Appeals: Civil Practice

Texas Civil Practice & Remedies Code §73.251(b) unreasonably restricted Emmalene Rankin's right to sue before she had a reasonable opportunity to discover the wrong and bring suit. Thus, the trial court erred in granting summary judgment in favor of the hospital and physicians. Rankin v. Methodist Healthcare System of San Antonio Ltd. LLP, San Antonio Court of Appeals, No. 04-07-00305-CV, 3-5-2008.  , Texas Lawyer Opinions (TTLA Members Only)  03/11/2008

Read Article: Texas Lawyer Opinions (TTLA Members Only)    

 

Dallas Court of Appeals:Torts

Competent summary-judgment evidence negated the foreseeability element of Jane Doe's premises-liability claim. Doe v. Pilgrim Rest Baptist Church, Dallas Court of Appeals, No. 05-06-00197-CV, 3-5-2008.  , Texas House of Representatives  03/11/2008

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