| | Six companies have agreed to pay $18.4 million to three families whose relatives were killed in a 2002 medical helicopter crash. The agreement settles three lawsuits stemming from the crash that killed the pilot, a paramedic and an emergency room nurse. In 2004, the National Transportation Safety Administration determined that the crash was likely caused by a malfunctioning tail rotor and an inexperienced pilot. AP, Forbes 04/01/2008 | |
| | A pet food maker has reportedly agreed in principle to pay $53.8 million to settle more than 100 class-action lawsuits filed by pet owners following massive recalls of dog and cat food. Contaminated pet foods manufactured by the primary defendant, Menu Foods, may have killed thousands of pets inNorth America. The final terms of the settlement agreement are scheduled to be filed in federal court by May 1. AP, Seattle Times 04/02/2008 | |
| | Title VII of the Civil Rights Act of 1964 applies to instances where an individual is discriminated against because of their association with persons of a different race, the 2nd Circuit Court of Appeals ruled Tuesday. In the case, a former assistant basketball coach at Iona College claimed that he was fired because he was married to a black woman. The three-judge panel found that lower courts had erred in ruling that, under Title VII, a white employee could not allege discrimination because of interracial association. The case is Holcomb v. Iona College. Mark Hamblett, Law.com 04/02/2008 | |
| | Wal-Mart announced Tuesday that it would drop a $469,217 reimbursement claim against the family of a former shelf stocker who was severely injured in a tractor-trailer accident. Wal-Mart has received intense public criticism since filing the subrogation lawsuit against the family of Deborah Shank to collect damages awarded in an injury lawsuit. A Wal-Mart spokesperson said they would amend their medical expense reimbursement rules to allow more flexibility for individual cases. Jonathan J. Cooper, St. Louis Post Dispatch 04/02/2008 | |
| | An Ohio hospital and cardiology practice schemed to give doctors improper financial incentives and defraud federal healthcare programs, according to a recently unsealed whistleblower lawsuit. In the lawsuit, the Justice Department and Dr. Harry Fry allege that Christ Hospital and the Ohio Heart and VascularCenter conspired to set up a preferential referral system in violation of Medicare and Medicaid guidelines. Attorneys for both healthcare facilities have denied the allegations. Peggy O’Farrell, The Cincinnati Enquirer 04/02/2008 | |
| | Physician groups and insurance companies announced Tuesday that they would work together to develop a national standard to measure the performance of doctors. As insurers have increasingly ranked physician performance, the medical community has complained that the performance reports focus too heavily on cost and are often inaccurate. Both groups agreed that the new standards should include measurements of both cost and quality of care. Reed Abelson, The New York Times 04/01/2008 | |
| | Thousands of Federal Emergency Management Agency mobile homes currently stored in Arkansas showed formaldehyde levels that could put residents at risk for cancer, respiratory illness and other ailments, according to recently obtained FEMA tests. Many of the stored trailers were destined to be used by victims of tornadoes that hit Arkansas and Tennessee in February. Earlier this year, FEMA announced that many of the mobile homes used to house victims of Hurricanes Katrina and Rita had dangerously high levels of formaldehyde. Jon Gambrell, Newsday 04/01/2008 | |
| | United Airlines announced Tuesday that it would ground its entire fleet of Boeing Co. 777s to perform tests on the aircrafts’ fire suppression systems. A Federal Aviation Commission audit of the airline industry revealed that the carrier had not performed the required checks. This is the second instance in which United has been faulted for maintenance issues since the FAA increased its scrutiny of the airlines last month. Tracy Alloway and Mary Schlangenstein, Bloomberg 04/02/2008 | |
TEXAS LAWYER CASE SUMMARIES | | |
| | The trial court does not abuse its discretion in dismissing inmate Kelvin Loyd's suit for failure to file his suit within 31 days of receiving the written response to his grievance to comply with Texas Civil Practice & Remedies Code §14.005(b). Loyd v. Seidel, El Paso Court of Appeals, No. 08-06-00114-CV, 3-27-2008. , Texas Lawyer 04/02/2008 | |
| | The Texas Tort Claims Act's election-of-remedies provision applied to bar Garcia's common-law claims against Mission Consolidated Independent School District, but did not bar her claims under the Texas Commission on Human Rights Act. Mission Consolidated Independent School District v. Garcia, TexasSupreme Court of Appeals, Nos. 05-0734 consolidated with 05-0762 and 05-0763, 3-28-2008. , Texas Lawyer Opinions (TTLA Members Only) 04/02/2008 | |
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