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Family Files Lawsuit in Mining Death | ![]()
| A mining company was negligent in the death of a 66-year-old man, a lawsuit filed Thursday claims. In the lawsuit, the family of Daniel McFadden alleges that Frontier-Kemper Constructors Inc. failed to provide adequate safety measures that could have prevented McFadden from falling from a construction bucket during a tour of the mine. The lawsuit seeks $9.5 million in damages and compensation for funeral expenses and lost income. AP, Forbes 05/09/2008 | Read Article: Forbes |
Foam Companies Settle with Fire Victims | ![]()
| Several companies that manufactured flammable, egg-crate-style foam that lined the walls and ceiling of a Rhode Island nightclub will pay $30 million to settle lawsuits filed by survivors and family members of those who died in a 2003 fire. In the lawsuit, plaintiffs claimed that the companies failed to warn consumers about the foam’s potential dangers. An investigation into the blaze found that the fire was fueled by the soundproofing material. Eric Tucker, Yahoo News 05/12/2008 | Read Article: Yahoo News |
Recusals Allow Apartheid Suit to Move Forward | ![]()
| The Supreme Court was unable to hear an appeal that will allow plaintiffs to pursue lawsuits against scores of companies that allegedly supported apartheid in South Africa. Four of the nine justices recused themselves from the case because of apparent financial and personal ties to the companies, leaving the court one justice short of a quorum. Plaintiffs in the case include survivors and family members of those were tortured and killed under the apartheid regime. Greg Stohr, Bloomberg 05/12/2008 | Read Article: Bloomberg |
City Reaches Settlement in Pay Lawsuit | ![]()
| Lafeyette, La. has agreed to pay $7.5 million to settle a nine-year-old back pay lawsuit brought by city employees. In the lawsuit, police officers, firefighters and city marshal's office employees claimed the city denied them $300 per month following a state supplemental pay raise. Full details of the settlement are scheduled to be announced Tuesday. Amanda McElfresh, The Advertiser 05/13/2008 | Read Article: The Advertiser |
Vaccine Court Begins Second Hearing | ![]()
| A special vaccine court began the second of three hearings Monday in an effort to determine whether a once common vaccine preservative caused thousands of children to develop autism. In the hearing, the parents of two Oregon boys are claiming that the mercury-based additive thimerosal caused the children to develop brain disorders. A decision in the case is not expected until sometime next year. Gardiner Harris, The New York Times 05/13/2008 | Read Article: The New York Times |
Lawsuit Filed Following Road Construction Death | ![]()
| The contractor and engineering firm in charge of a road construction project on Interstate 95 in Florida were to blame for a car crash that killed a 17-year-old boy, a recently filed lawsuit claims. In the lawsuit, Philip Davis alleges that inadequate lighting and warnings contributed to the fatal crash. The driver of the truck that rear-ended the vehicle in which the boy was riding has also been named as a defendant. Miss Diaz, South Florida Sun-Sentinel 05/12/2008 | Read Article: South Florida Sun-Sentinel |
Court Rejects Appeal in Tobacco Deal | ![]()
| The Supreme Court on Monday refused to hear an appeal contesting a multibillion dollar settlement between tobacco companies and 46 states. The appeal stemmed from a 2004 lawsuit filed by a California smoker that claimed the terms of the agreement were anticompetitive and violated antitrust laws. The lawsuit had previously been dismissed twice by lower courts. AP, Richmond Times-Dispatch 05/13/2008 | Read Article: Richmond Times-Dispatch |
Insurance | ![]()
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Appellate Court to Hear Insurance Antitrust Case | ![]()
| The 5th Circuit Court of Appeal has agreed to hear an appeal challenging a judge’s order to remove a lawsuit against some of the nation's largest insurance companies from Louisiana state court. The lawsuit, originally filed by former Louisiana Attorney General Charles Foti accuses insurers of conspiring to fix prices and bilk policyholders in the wake of Hurricane Katrina. Insurers have previously argued that the complaint is a class action and should be heard in federal court. AP, New Orleans Times-Picayune 05/12/2008 | Read Article: New Orleans Times-Picayune |
Allstate Settles Over Texas Insurance Rates | ![]()
| Allstate Insurance has agreed to issue $71 million in refunds, credits and rate reductions to Texas policyholders as part of a settlement with state insurance officials. The settlement stems from a rate dispute over homeowner policies dating to 2004. Additionally, Allstate has agreed not to raise homeowner premiums until at least June 1, 2009. AP, Houston Chronicle 05/12/2008 | Read Article: Houston Chronicle |
TEXAS LAWYER CASE SUMMARIES | ![]()
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Houston's 1st Court of Appeals: Legal Profession, Torts | ![]()
| Rebecca Dunn Grider thus cannot prevail on her legal malpractice claim against Mike O'Brien PC, O'Quinn & Laminack, the O'Quinn Firm, John M. O'Quinn and Kaiser & May LLP, because those parties' negligence did not proximately cause her damage. Grider v. O'Brien, Houston's 1st Court of Appeals, No. 01-07-00006-CV, 5-8-2008. , Texas Lawyer Opinions (TTLA Members Only) 05/13/2008 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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Despite Claims Doctors See Lower Rates, Study Finds | ![]()
| A recent study has revealed that malpractice insurance rates for Massachusetts doctors have actually decreased despite assertions by medical groups that such litigation is out of control. The study, published in the current issue of Health Affairs, found that most physicians paid almost a hundred dollars less annually than they did in 1990. Data for the Suffolk University Law School study were gathered from records provided by ProMutual Group, the insurer for about half of the state's doctors. Elizabeth Cooney, Boston Globe 05/13/2008 | Read Article: Boston Globe |
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