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August 30, 2007

Judge Rejects Individual Notice for MetLife Class Action

Wal-Mart Ordered to Offer Healthcare to Workers’ Stepchildren

Business Owner Wins Major Victory in Patent Case

Appeals Court Stops Katrina Flood Lawsuit

Ruling Provides Access to Information on Doctors

Interest-Free Financing Emerges in Healthcare

Lawmaker Calls for End to Aggressive Mortgage Marketing

Firm Falters in Post-Katrina Rebuilding Efforts

Salmonella Prompts Spinach Recall

 

 

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Laws/Cases

 

Judge Rejects Individual Notice for MetLife Class Action

A Manhattan judge has ruled that more than 10 million members of a class action lawsuit against Metropolitan Life Insurance Company do not need to be notified individually of proceeding or their right to opt out. The judge has ordered that a random sample of the class be notified by mail and others may be notified through national newspapers. Plaintiffs in the case claim that MetLife engaged in deceit or constructive fraud in actions that lead up to firm’s conversion to a publicly traded company in 2000.  Beth Bar, Law.com  08/30/2007

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Wal-Mart Ordered to Offer Healthcare to Workers’ Stepchildren

A federal judge has ordered Wal-Mart Stores Inc. to provide health coverage for the stepchild of a New York store employee. Wal-Mart had argued that the child did not meet the criteria to be covered by its Associates’ Health and Welfare plan because he was not claimed as a dependent or live with the employee. The judge determined that Wal-Mart’s policy ran counter to New York Insurance Law prohibiting denial of coverage to children born out of wedlock.  Joel Stashenko, Law.com  08/30/2007

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Business Owner Wins Major Victory in Patent Case

David Goldin, a small-business owner, won one of the first big victories under a new patent test established by the Supreme Court. Under the test, which makes it more difficult to obtain patents that borrow or combine existing ideas, Goldin was able to invalidate a patent infringement complaint filed by one of his competitors. However, intellectual property lawyers expect big business to be the primary beneficiaries of the new test.  Brent Bowers, TheNew York Times  08/30/2007

Read Article: The New York Times    

 

Appeals Court Stops Katrina Flood Lawsuit

Ruling on a Justice Department complaint, a federal appeals court has nullified a judge’s order for Louisiana’s attorney general to file a lawsuit on behalf of thousands of people without attorneys. The 5th Circuit Court ruled that the district court judge did not have the authority to hand down such an order. The case, filed Wednesday by Attorney General Charles Foti, sought damages from the Army Corps of Engineers for flooding following Hurricane Katrina.  Staff Reports, New Orleans Times-Picayune  08/30/2007

Read Article: New Orleans Times-Picayune    

 

Ruling Provides Access to Information on Doctors

A federal judge ruled last week that the Health and Human Services Department must disclose specific data about doctors from the Medicare claims database. The judge’s ruling could open the door for consumers to access information on more than 700,000 doctors. Consumer advocates hope the ruling will signal a shift toward transparency in the healthcare industry. The Health and Human Service Department said it has not decided whether to appeal the ruling.  Ricardo Alonso-Zaldivar, LA Times  08/30/2007

Read Article: LA Times    

 

Healthcare

 

Interest-Free Financing Emerges in Healthcare

As the cost of healthcare continues to rise, consumers are increasingly turning to a credit staple more often associated with car dealerships – no-interest financing. Major lenders and insurance companies have been quick to take advantage of this growing market as rising deductibles and other costs have forced many to pay out-of-pocket for medical expenses. However, such financing plans are not available to all. Zero-interest financing plans are only available to consumers who can prove a sound credit history, leaving many of the nation’s uninsured out in the cold.  Milt Freundenheim, The New YorkTimes  08/29/2007

Read Article: The New York Times    

 

Issues

 

Lawmaker Calls for End to Aggressive Mortgage Marketing

The head of the Senate housing panel has called on the nation’s largest mortgage lender to cease aggressive marketing tactics that lure many borrowers into loans they cannot afford. New York Senator Charles Schumer said Wednesday that Country Wide Financial Corp. appeared to be motivated by widespread greed in lending practices that contributed to record home foreclosures. Other lawmakers have criticized the mortgage industry for enticing home buyers into subprime loans that would ultimately cost borrowers more.  Patrick Rucker, The Washington Post  08/29/2007

Read Article: The Washington Post    

 

Firm Falters in Post-Katrina Rebuilding Efforts

In the year since ICF International was awarded a $750 million contract to manage rebuilding efforts in Louisiana, the company has received steady criticism for failing to award grants to homeowners fast enough. ICF was hired to help Louisiana distribute $7.9 billion in federal housing aid but has only doled out approximately 40,000 grants thus far. Since receiving the contract, the company has also been criticized for its appraisal processes and for ethical concerns.  Zachary A. Goldfarb, The Washington Post  08/29/2007

Read Article: The Washington Post    

 

Products

 

Salmonella Prompts Spinach Recall

Bags of fresh spinach were recalled Wednesday after a sample tested positive for salmonella. The bagged spinach was distributed by Metz Fresh to 48 states and Canada in retail and food-service packaging. There have been no immediate reports of illnesses related to the recalled spinach.  AP, The New York Times  08/30/2007

Read Article: The New York Times    


 

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