| | 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. You can register online at www.ttla.com/register or for more information contact rhonda@ttla.com. |
| | Bank of America has been named in a lawsuit filed by the family of a man who was killed during a robbery at an ATM. According to the lawsuit, the bank was negligent for failing to warn the public about prior robberies or taking steps to protect against future thefts. A man and woman held in connection with the robbery have also been named in the lawsuit. AP, San Jose Mercury News 03/28/2008 | |
| | A growing body of law is threatening the rights of consumers injured by products, according to some attorneys and advocacy groups. Pre-emption allows regulators to overrule state laws in product liability cases where the product was approved by federal agencies. The phenomenon of pre-emption is being called 'silent tort reform' by plaintiffs' attorneys but it underscores a longstanding tension between state and federal laws. AP, Washington Times 03/30/2008 | |
| | Plaintiffs in a shareholder class-action lawsuit claim that three banks played key roles in helping Enron deceptively sell securities to investors. According to court filings, the banks, Merrill Lynch & Co., Credit Suisse and Barclays, failed to disclose to the public material information regarding Enron's financial health. The banks have asked a judge to dismiss the lawsuit against them in light of the Supreme Court's ruling in the Stoneridge case. Mary Flood,Houston Chronicle 03/28/2008 | |
| | Attorneys who settled a class-action lawsuit against Honda last December regarding inaccurate odometers in Honda and Acura vehicles have filed a similar lawsuit against Nissan. According to the lawsuit, the odometers in Nissan and Infiniti vehicles accumulate mileage more quickly than they should which causes vehicle warranties to expire too soon. An attorney involved in the Honda case estimated the settlement to be worth $244 million. Scott Sturgis, The New York Times 03/31/2008 | |
| | The Georgia Supreme Court upheld a $13 million verdict Friday in favor of the family of a woman who burned to death when the gas tank of her car exploded following a rear-end collision. According to the lawsuit, the explosion was caused by bolts from a trailer hitch tearing into the rear-mounted gas tank of the woman’s 1985 Mercury Grand Marquis. As many as 50 people have been killed or seriously injured by Ford Motor Co. vehicles with similar gas tanks, an attorney for the family said. Walter C. Jones, Florida Times Union 03/29/2008 | |
| | A federal appeals court Friday reversed class action certification in a lawsuit against General Motors Corp. and six other automakers that could have covered as many as 13 million plaintiffs. In the lawsuit, plaintiffs claimed that the automakers prevented customers in the United States from purchasing lower- priced Canadian-made cars and engaging in other anticompetitive practices. The lawsuit sought an injunction against the automakers and an estimated $3 billion in damages. Karen Gullo, Bloomberg 03/29/2008 | |
| | Thousands of workers who claim they were sickened in their efforts to clean up the site of the World Trade Center collapse are being represented by two attorneys. David E. Worby is well known from public appearances and media reports about the plight of the workers. The other, Paul J. Napoli, made his name during controversial class action litigation involving the diet drug fen-phen. Anthony DePalma, The New York Times 03/30/2008 | |
| | A group of cardiologists and a major medical journal have recommended that patients not use the cholesterol-lowering drugs Vytorin and Zetia. Both recommendations came as the drugs’ makers, Merck and Schering-Plough, released the results of a long-awaited clinical trial that showed the drugs to be minimally effective at best. An estimated five million people worldwide use Vytorin and Zetia, accounting for about $5 billion in sales. Alex Berenson, TheNew York Times 03/31/2008 | |
| | A major watchdog group is disputing an advertising claim by Wal-Mart that the retailer saves the average family $2,500 a year. National Advertising Division of the Council of Better Business Bureaus contends that the advertised figure, which is actually based on Wal-Mart’s overall impact on the economy rather than money saved by shopping at Wal-Mart, is misleading. Wal-Mart maintains that the ad was not intended to be deceptive. Michael Barbaro, The New YorkTimes 03/31/2008 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | The trial court did not err in granting summary judgment in favor of Andrews Kurth LLP on the legal malpractice claim brought by Highland Crusader Offshore Partners LP and related entities. Highland Crusader Offshore Partners LP, et al. v. Andrews Kurth LLP, Dallas Court of Appeals, No. 05-07-00214-CV, 3-25-2008. , Texas Lawyer Opinions (TTLA Members Only) 03/31/2008 | |
| |
| |
