| | The TTLA 2008 Mid-Year Conference w/ Advanced Personal Injury Course & Board Meeting is scheduled for April 30th - May 2nd at the Driskill Hotel (800-252-9367) in Austin, TX. For more information contact rhonda@ttla.com. |
| | An Illinois-based human resources company has agreed to restore $11.2 million to a settlement fund for former Enron employees. The company, Hewitt Associates, had faced contempt charges for botching the first installment of payments and then refusing to correct the error. The settlement should affect about 12,000 employees who were underpaid during the first installment of payments. Mary Flood, Houston Chronicle 03/14/2008 | |
| | Federal law cannot preempt a state product liability claim involving the labeling of the drug Paxil, a Pennsylvania judge ruled this week. Drug maker GlaxoSmithKline argued that the claim should not be heard in state court because it would result in conflicts with the Food and Drug Administration's authority to oversee pharmaceutical labeling. Plaintiffs contend that GlaxoSmithKline failed to warn consumers about the increased risk of suicide associated with Paxil. The case is Collins v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline. Amaris Elliott-Engel, Law.com 03/14/2008 | |
| | A controversial plea deal between BP PLC and the Justice Department over the oil giant’s responsibility in a 2005 explosion at a Texas refinery is under investigation by a congressional committee. In a letter to Attorney General Michael Mukasey, the House Committee on Energy and Commerce questioned the adequacy of the agreement, which provides for a $50 million fine and three years of probation for the company. Victims of the blast have also criticized the deal, calling it insufficient. Juan A. Lozano, Ft. Worth Star Telegram 03/13/2008 | |
| | AAA’s Automobile Club of Southern California has agreed to pay 120,000 policyholders about $187 per customer to settle allegations that the company violated state law by charging consumers who could not prove they were previously insured. According to the lawsuit, the practice violated Proposition 103, which prohibits insurers from using absence of prior coverage as the sole criterion for setting rates. The settlement affects policyholders who were charged higher rates between 1999 and 2004. Marc Lifsher, LA Times 03/14/2008 | |
| | A woman who was injured during a 2006 accident on a ride at Six Flags Over Texas filed a lawsuit this week against the theme park. According to the lawsuit, Six Flags was negligent in the operation and maintenance of the Texas Tornado ride. The complaint also names the manufacturer of the ride for selling the park an unreasonably dangerous product. A total of nine people were injured in the accident, according to reports by the Texas Department of Insurance. Andrea Ahles, Ft. Worth Star Telegram 03/14/2008 | |
| | The families of five U.S. missionaries who were killed by Marxist-led rebels inColumbia during the 1990s have filed a federal lawsuit against Chiquita Brands International Inc. According to the lawsuit, payments made by Chiquita to the Revolutionary Armed Forces of Colombia were a contributing factor in kidnappings and murders of the missionaries. Chiquita acknowledged last year that it had paid local paramilitary groups in order to protect company employees. Reuters, Reuters 03/12/2008 | |
| | A Massachusetts obstetrician with a history of serious malpractice complaints is an "immediate and serious threat to public health," state medical regulators said earlier this week. The Massachusetts Board of Registration in Medicine suspended Dr. Suzanne B. Rothchild's medical license after reviewing nine cases that alleged inadequate care by the doctor. Rothchild has been accused of medical malpractice 12 times since 1993, according to court records. Carey Goldberg and David Abel, Boston Globe 03/13/2008 | |
| | A Food and Drug Administration advisory committee recommended added restrictions Thursday for anemia drugs used by cancer patients. However, the panel stopped short of recommending that such drugs not be used by cancer patients. Some patient advocates argued at the hearing that the drugs had been overly prescribed by doctors because of financial incentives provided by pharmaceutical and insurance companies. Andrew Pollack, The New YorkTimes 03/14/2008 | |
| | Tests conducted by a consumer advocacy group have found that a number of so-called natural or organic soaps, shampoos and other consumer products contained a cancer-causing petrochemical byproduct. About half of the 100 products tested by the Organic Consumers Association contained detectable levels of 1,4-dioxane, a probable human carcinogen, known to cause cancer in lab animals. Products that tested positive for the chemical include well-known, nationally distributed brands such as Kiss My Face, Alba, Seventh Generation and Nature's Gate. Marla Cone, LA Times 03/14/2008 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | Because the Holdens failed to serve an expert report addressing Dr. Scott Rivenes' alleged negligence before the expiration of the 120-day deadline, the trial court abused its discretion in denying Rivenes' motion to dismiss. Rivenes v. Holden, Houston's 14th Court of Appeals, No. 14-07-00438-CV, 3-11-2008. , Texas Lawyer Opinions (TTLA Members Only) 03/14/2008 | |
| | The trial court did not err in granting the city of Dallas' plea to the jurisdiction, because no nexus existed between Gwendolyn Foster's injury and the use or operation of the ambulance that arrived late in response to the 9-1-1 call. Gipson v. City of Dallas, Dallas Court of Appeals, No. 05-07-00628-CV, 3-11-2008. , Texas Lawyer Opinions (TTLA Members Only) 03/14/2008 | |
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