Laws/Cases | 
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Doctor Charged in Death of Autistic Boy |
| A Pennsylvania doctor has been charged in the death of an autistic boy who underwent a chemical treatment that some believe can help children with autism. Prosecutors allege that Dr. Roy E. Kerry was grossly negligent in administering chelation therapy on the boy. Chelation therapy is used to remove heavy metals from the body and is approved by the FDA. Joe Mandak, The Washington Post 08/22/2007 | Read Article: The Washington Post |
Exxon Disputes Valdez Damages |
| Exxon Mobil Corp has asked the Supreme Court to overturn punitive damages stemming from the 1989 Valdez oil spill. The company argued that the 9th Circuit Court of Appeals failed to acknowledge maritime law limiting the size of punitive damages. Exxon faces a $2.5 billion fine for its role in the nation’s worst tanker spill. Yereth Rosen, Reuters 08/22/2007 | Read Article: Reuters |
Group Files Lawsuit Over Teacher Credentials |
| A group of California parents and education advocates have filed a lawsuit against the federal Department of Education that seeks to close a loophole in the No Child Left Behind law. At issue in the lawsuit is a provision of the law that allows school districts to count intern teachers toward a standard that requires the hiring of “highly qualified” teachers. The action could have a profound impact in California, where approximately 10,700 intern teachers are in charge of classrooms. Joel Rubin, LA Times 08/22/2007 | Read Article: LA Times |
Judge Awards Damages in 'Hate Crime' Case |
| Two Chicago men of Indian descent will receive $1.3 million in damages stemming from a 2002 beating, labeled as a hate crime by their attorney. The judge ordered the defendants to pay $300,000 in compensatory damages and $1 million in punitive damages. The Illinois Hate Crime Act allows punitive damages to be awarded in such cases. Mary Owen, Chicago Tribune 08/23/2007 | Read Article: Chicago Tribune |
Healthcare |
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Officials Consider Increased Regulation for Popular Chain Clinics |
| As an increasing number of people turn to drugstore clinics for routine medical care, several states and healthcare groups are calling for increased monitoring and regulation. State regulators in New York and elsewhere are investigating ways to consolidate standards of care, safety and hygiene for such clinics. More than 700 clinics are currently in operation in the United States at chain stores such as Wal-Mart, CVS and Walgreens. Sarah Kershaw, The New York Times 08/23/2007 | Read Article: The New York Times |
Issues |
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Lender May Not Fulfill Buyback Promises |
| Countrywide Home Loans may be forced to recant on promises that it would repurchase some loans from homeowners if they got into financial trouble. Tightening credit markets and an increasing number of home foreclosures could make it difficult for the lender to repurchase even 1 percent of loans covered under the agreements. Language that promises such buybacks is unusual in lender agreements and it is unclear how many loans the company has bought back. Gretchen Morgenson, The New York Times 08/23/2007 | Read Article: The New York Times |
FDA Considering Outsourcing 300 Jobs |
| The Food and Drug Administration is considering whether to outsource hundreds of jobs to the private sector. An FDA spokesperson said yesterday that the 300 jobs being considered for outsourcing include only administrative positions not directly involved in food-safety inspection. The union that represents the majority of FDA workers said it will urge Congress to oppose the agency’s plan. Matthew Perrone, The Washington Post 08/23/2007 | Read Article: The Washington Post |
Products |
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FDA Testing Pet Treats for Contamination |
| The Food and Drug Administration announced Wednesday that it is testing two brands of Chinese-made dog treats for possible contamination. Last month, Wal-Mart removed the brands from its shelves after receiving customer complaints. The FDA said that it has not yet found any chemical or biological contamination in the imported treats. AP, The New York Times 08/23/2007 | Read Article: The New York Times |
TEXAS LAWYER CASE SUMMARIES |
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Amarillo Court of Appeals: Insurance Law |
| The comprehensive general liability policy unambiguously excluded from coverage all claims for a named insured's liability for bodily injury or property damage brought by or on behalf of persons who perform work for the insured under an agreement with another allowing temporary use of the worker. Yorkshire Insurance Co. Ltd v. Diatom Drilling Co., Amarillo Court of Appeals, No. 07-05-0386-CV, 8-17-2007. , Texas Lawyer Opinions (TTLA Members Only) 08/23/2007 | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
Study |
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Study: Doctors Failing to Diagnose High Blood Pressure in Kids |
| A study released on Tuesday found that, in most cases, doctors fail to diagnose high blood pressure in children and adolescents, leaving them vulnerable to more severe health consequences once they reach adulthood. According to the study, published in the Journal of the American Medical Association, only one quarter of children with blood pressure readings that indicated hypertension received such a diagnosis. Deborah L. Shelton , LA Times 08/22/2007 | Read Article: LA Times |
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