| | A New Hampshire law passed in 2002 provides the banking, insurance, public utilities and securities industries immunity from the state’s deceptive and unfair trade practices laws. Under that legislation, a consumer who wants to file a lawsuit against a financial institution as a result of the sub-prime lending practices cannot do so. Critics contend changes need to be made to the legislation. Fosters Daily Democrat, Fosters Daily Democrat 03/24/2008 | |
| | Health insurers are trying to find ways to limit the number of scans prescribed by doctors. According to CEO of America's Health Insurance Plan, "Costs are soaring in this area, quality concerns are mounting and safety concerns are mounting." Pre-authorization and other restrictions are being used to cut down the cost of imaging services, but some experts argue that this creates problems as well. Linda A. Johnson, Newsday 03/23/2008 | |
| | The DHS is trying to passing a law that forces employers to fire workers if their names don't match their Social Security numbers. A judge has ruled against their proposal, but they are appealing the decision. Several interest groups believe the program would increase discrimination in the work place, lead to job losses by innocent workers, and cause employers to incur new costs and legal obligations. Associated Press, USA Today 03/24/2008 | |
| | A lawsuit alleging that Tyson Foods did not pay workers for time spent donning and doffing protective gear and sanitizing required sanitary and safety equipment was filed in federal court Thursday. The suit was filed by eight workers, but if granted class action status, the suit could include up to 3,500 current and prior employees. The workers are seeking back wages from March 2006 to the present. Jerry Perkins, DesMoines Register 03/22/2008 | |
| | The FDA announced that it may revise laws banning drug companies from marketing a drug for untested and unapproved uses. This change would allow drug companies to market direct to doctors, which exposes patients to greater risk. Doctors could now base their decision to prescribe a drug on the information given to them by interested parties and not independent sources. Doriane Coleman and Phillip Rosoff, Orlando Sentinel 03/23/2008 | |
| | Unencrypted clinical trial data on 2,500 patients in a National Institutes of Health study, including names linked to medical information, was stored on a laptop that was later stolen. After a 2006 theft of a Department of Veteran’s Affairs laptop containing service members’ personal information, guidelines were put in place requiring encryption software on government laptops; however, the stolen NIH laptop was not encrypted. The agency is also under fire for the delay in notifying affected patients: the laptop was stolen February 23, but letters were not sent to the patients until last week. Ellen Nakashima and Rick Weiss, The Washington Post 03/23/2008 | |
| | Increasing numbers of people are turning to short-term “pay day” loans when they fall behind on their mortgage payments. These loans are for a few hundred dollars at a time, and are characterized by short terms of about two weeks and interest rates of up to 800 percent. Some states have already enacted a 36 percent APR cap, and more states are pursuing that legislation. Nik Carey, Reuters 03/23/2008 | |
| | The Bush administration and Democrats in Congress agree that oversight is necessary to prevent another housing and credit meltdown. However, both sides have taken a different stance on how much regulation is needed and what agencies should oversee the industry. Some experts are skeptical that either side will achieve a significant change because of their "philosophical differences about the value of government regulations." Edmund L. Andrew and Stephen Labaton, The New York Times 03/24/2008 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | Sufficient evidence supported the jury's verdict that Jerome D. Allen's compensable injury extended to his lower back. State Office of Risk Management v. Allen, Dallas Court of Appeals, No. 05-07-00508-CV, 3-18-2008. , Texas Lawyer Opinions (TTLA Members Only) 03/24/2008 | |
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