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August 22, 2007

Gas Station Owners File Lawsuit Over Prices

Judge Orders University False Claims Case to Trial

FDA Authority Preempts Claims on Drug Advertising, 3rd Circuit Rules

Settlement Reached in Navy Contractor Whistleblower Case

Disclosure Law Provides Insight into Drug Company Payments

Record Malpractice Case Close to Resolution

Mine Collapse Rekindles Questions of Safety

Chemical in Baby Bottles Raises Concerns for Parents

FDA to Study Drug Ads

 

 

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Announcements

 

TTLA CLE: Making Your Case to the Media

A fast-paced three hour interactive session presented by award winning journalist Mark Curriden. Strictly limited to 20 participants, attendees will leave this workshop with a new grasp of media relations issues and strategies. Attendees are encouraged to come to the session prepared to talk about a current case in the interactive discussion portion of the program. Contact Mona Fults at mfults@ttla.com to register. Cost:$100. September 20, Austin. 10:30 am - 2:00 pm. TTLA Conference Center (below the TTLA parking garage).  

 

Laws/Cases

 

Gas Station Owners File Lawsuit Over Prices

A group of California gas station owners have filed a lawsuit that claims oil companies conspired to fix gas prices for franchise owners nationwide. The lawsuit, filed in San Francisco on Tuesday, alleges that Chevron Corp, Shell Oil and Saudi Refining Inc. artificially inflated wholesale prices and violated antitrust laws. A similar lawsuit was dismissed by the Supreme Court last year.  AP, The New York Times  08/21/2007

Read Article: The New York Times    

 

Judge Orders University False Claims Case to Trial

A fraud case against the nation’s largest for-profit school will be allowed to continue, a federal judge ruled Monday. The lawsuit, filed under the federal False Claims Act, accuses the University of Phoenix of violating federal rules by offering employees incentives based on the number of students they enrolled. District Judge Garland E. Burrell rejected the university’s contention that a $9.8 million settlement with the federal government should end the lawsuit.  Henry Weinstein, LA Times  08/21/2007

Read Article: LA Times    

 

FDA Authority Preempts Claims on Drug Advertising, 3rd Circuit Rules

An appeals court has ruled that the Food and Drug Administration has exclusive authority to regulate prescription drug advertising. The 3rd Circuit Court reasoned that state consumer fraud laws were irreconcilable, or preempted, by the federal drug regulation. The court’s ruling effectively ends a class action lawsuit that accused AstraZeneca of violating the Delaware Consumer Fraud Act and other states’ statutes prohibiting false, misleading and deceptive advertising.  Shannon P. Duffy, Law.com  08/22/2007

Read Article: Law.com    

 

Settlement Reached in Navy Contractor Whistleblower Case

A government contractor has agreed to settle a federal whistleblower lawsuit that alleged the company provided substandard parts to the Navy. In the lawsuit, a former employee claimed that he was fired from his job as a quality assistance manager after raising concerns about the quality of the parts. Crane Co. will pay $7.6 million to the federal government and the former employee who initially filed the lawsuit.  Rosanna Ruiz, Houston Chronicle  08/21/2007

Read Article: Houston Chronicle    

 

Disclosure Law Provides Insight into Drug Company Payments

A Minnesota law is providing rare insight into large payments made to members of state advisory panels that assist in the Medicaid drug selection process. The law is one of only three in the nation that requires drug companies to report all payments made to doctors for consulting, research and other services. Advisory panelists who received money from pharmaceutical companies insist that the payments do not influence their decisions.  Martiga Lohn, The Washington Post  08/22/2007

Read Article: The Washington Post    

 

Record Malpractice Case Close to Resolution

A judge denied a defense motion for a new trial Tuesday in a medical malpractice case that stemmed from the death of a Milwaukee teenager. The judge’s ruling upholds a $23 million jury award, the largest in state history, to the parents of Sarah Hegarty. According to the lawsuit, the teenager did not receive immediate surgery for a twisted bowel after complaining of severe abdominal pain. Hegarty subsequently underwent 89 other surgeries, including three organ transplants before succumbing to infection.  Marie Rohde,Milwaukee Journal Sentinel  08/21/2007

Read Article: Milwaukee Journal Sentinel    

 

Issues

 

Mine Collapse Rekindles Questions of Safety

Critics are questioning mining industry safety standards following the collapse of a Utah mine where six miners are presumed dead. This is not the first time the Mine Safety and Health Administration has come under fire. In 2006, the deaths of 47 miners prompted widespread changes in coal mining laws. Congressional and state lawmakers have promised to conduct in-depth investigations into the most recent collapse.  Jennifer Talhelm, The Salt LakeTribune  08/22/2007

Read Article: The Salt Lake Tribune    

 

Products

 

Chemical in Baby Bottles Raises Concerns for Parents

In a year that has seen massive toy recalls, a common chemical used to produce plastic baby bottles has many parents concerned. Bisphenol A has been used for years in the production of a variety of plastic products but recent research suggests that the chemical compound could pose a threat to the health of infants if it leaches out of baby bottles. The Food and Drug Administration and the plastics industry have maintained that the chemical is safe.  Renae Merle and Ylan Q. Mui, The Washington Post  08/22/2007

Read Article: The Washington Post    

 

Study

 

FDA to Study Drug Ads

The Food and Drug Administration announced Tuesday that it plans to study whether relaxing, upbeat images featured in TV drug advertisements distract viewers from safety warnings. Some advocacy groups claim that the scenes depicted in most televised drug advertisements do not provide an accurate portrayal of potential side effects. In a statement, a pharmaceutical lobby group defended advertisements saying they were an important source of information for consumers.  AP, The New York Times  08/21/2007

Read Article: The New York Times    


 

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