TTLA EClips
March 19, 2008
 
 
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ANNOUNCEMENTS
 
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 AustinTX. You can register online at www.ttla.com/register or for more information contact rhonda@ttla.com.  
 
LAWS/CASES
 
Eli Lilly & Co.’s total losses from Zyprexa-related litigation could reach more than $3 billion if the drug maker receives an adverse decision in a lawsuit filed by the State of Alaska. If Alaska is successful in showing that Lilly failed to warn patients about risks associated with the drug, it would bolster the position of other claims pending against the company, an attorney said. Lilly has already spent $1.2 billion to resolve patient claims and still faces about 30 state lawsuits and consumer-protection investigations.  Margaret Cronin Fisk, Bloomberg  03/18/2008
Read Article: Bloomberg    
 
The Federal Emergency Management Agency was added Tuesday to several lawsuits filed by displaced hurricane victims who were allegedly exposed to dangerous fumes while they were housed in agency-provided trailers. According to the lawsuits, FEMA and trailer makers exposed residents to dangerous formaldehyde fumes by using shoddily constructed trailers to house victims following Hurricanes Katrina and Rita. The option to add FEMA to the lawsuits has only recently been available to plaintiffs because of a six-month waiting period the prevented the agency from being added to consolidated litigation.  Michael Kunzelman, New Orleans Times-Picayune  03/18/2008
Read Article: New Orleans Times-Picayune    
 
The Securities and Exchange Commission is said to be considering legal action over allegedly misleading statements made by Bear Stearns in the days before it was acquired by JPMorgan. In a letter to JPMorgan, the agency notified the company of the possibility of future investigations and inquiries regarding Bear Stearns’ conduct. While it is unlikely that the SEC will take action against JPMorgan, enforcement actions against individuals are still possible.  Marcy Gordon, Houston Chronicle  03/18/2008
Read Article: Houston Chronicle    
 
The National Transportation Safety Board said Tuesday that a deadly collision of a Massachusetts commuter train and maintenance truck last year was the result of human error and safety violations. According to the report, a train dispatcher and members of the maintenance crew failed to follow proper safety procedures. The Massachusetts Bay Transit Authority, which operated the train, and the Massachusetts Bay Commuter Railroad Company, which employed the maintenance workers, both said they are working to improve safety compliance procedures.  David Abel, Boston Globe  03/19/2008
Read Article: Boston Globe    
 
The 10th Circuit Court of Appeals heard arguments Tuesday in a case stemming from a 2005 van crash that killed and injured several Utah Statestudents. Arguments before the panel were related to an order to Cooper Rubber & Tire Company to turn over scores of documents about its tires. The plaintiffs contend that access to the documents is necessary to prove that the company knew or should have known about design flaws in its tires. Cooper maintains that such a review of company documents is cost and time prohibitive.  Keith Coffman, The Salt Lake Tribune  03/18/2008
Read Article: The Salt Lake Tribune    
 
New Jersey dentist has pleaded guilty to charges stemming from the illegal harvest and sale of potentially thousands of pieces of bone and flesh taken from a funeral home in Brooklyn. Michael Mastromarino reinforced health concerns about the human tissue processing market by admitting that he had harvested and sold cancerous and H.I.V. infected tissue using fake documentation. Mastromarino’s company Biomedical Tissue Services was shut down in 2006 by the Food and Drug Administration.  Alan Feuer, The New YorkTimes  03/19/2008
Read Article: The New York Times    
 
ISSUES
 
The Federal Aviation Administration on Wednesday ordered inspectors to audit the safety records of all domestic air carriers. The goal of the audit is to provide a snapshot of compliance for a variety of safety initiatives directed at airlines over the past several years. Earlier this month, regulators revealed widespread inspection oversight problems at Southwest Airlines, which have led to a proposed $10.2 million fine.  John Crawley, Reuters  03/18/2008
Read Article: Reuters    
 
PRODUCTS
 
Health regulators announced Tuesday that a widely marketed drug inhaler may increase the risk of stroke. The Food and Drug Administration said that although stroke risk associated with Pfizer Inc. and Boehringer Ingelheim Pharmaceutical Inc's lung drug Spiriva is not conclusive it was important to notify doctors and patients about potential problems. Spiriva, which is marketed in the United States by Pfizer, is used to treat breathing problems associated with chronic obstructive pulmonary disease.  Catherine Larkin, Bloomberg  03/18/2008
Read Article: Bloomberg    
 
TEXAS LAWYER CASE SUMMARIES
 
The trial court did not abuse its discretion when it dismissed with prejudice Maria Castillo's medical negligence claims based on her failure to provide an adequate expert report. Castillo v. August, El Paso Court of Appeals, No. 08-06-00048-CV, 3-13-2008.  Texas Lawyer Opinions (TTLA Members Only)  03/19/2008

 
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