Announcements | 
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Laws/Cases |
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Workers Win Case Over Arbitration Clause |
| The California Supreme Court ruled Thursday to allow workers to bring class action lawsuits against their employer even if they had signed agreements requiring arbitration. The high court found that such arbitration agreements were a serious threat to "unwaivable statutory rights" of the employees and a “serious obstacle to the enforcement of the state's overtime laws." The ruling stemmed from a lawsuit brought by a former Circuit City employee who alleged he was illegally denied overtime pay. Molly Selvin, LA Times 08/31/2007 | Read Article: LA Times |
Appeals Court Rules on Ambiguity in Insurance Contract |
| A federal appeals court ruled Thursday that language in Nationwide Mutual Insurance’s policies is not ambiguous as it relates to damages caused by a combination of wind and water. The ruling is considered a significant win for insurers because ambiguity in insurance contracts usually favors a plaintiff’s claims against an insurer. The case stemmed from a lawsuit filed by aMississippi couple who claimed Nationwide failed to pay for storm damage to their home. Holbrook Mohr, The Jackson Clarion-Ledger 08/31/2007 | Read Article: The Jackson Clarion-Ledger |
Firm Settles State Investigations into Defective Defibrillators |
| Boston Scientific has agreed to pay approximately $17 million to states over investigations into the company’s marketing of defective cardiac defibrillators. The settlement effectively ends investigations by 35 states who sought to determine whether company officials covered up defects in the devices. Earlier this year, Boston Scientific agreed to pay $195 million to settle claims filed by patients implanted with the devices. Jef Feeley and Emily Brown, Bloomberg 08/30/2007 | Read Article: Bloomberg |
Seattle Jury Awards Damages in Medical Negligence Case |
| The family of man who died four days after visiting a hospital emergency room complaining of chest pain should receive $5.39 million, a Seattle jury found. The jury found that an emergency room doctor was guilty of medical negligence for failing to diagnose a heart infection that ultimately killed the man. An attorney for the doctor said they are considering an appeal. Cherie Black, Seattle Post-Intelligencer 08/30/2007 | Read Article: Seattle Post-Intelligencer |
Jury Finds for Widow in Med-Mal Case |
| A jury awarded a woman $10.3 million on Thursday, finding that negligence by an emergency room doctor caused her husband’s premature death. The plaintiff in the case claimed that the emergency room doctor failed to administer critical care when her husband arrived at the hospital, clearing suffering a heart attack. The man died three years later after undergoing a heart transplant. AP, Florida Today 08/31/2007 | Read Article: Florida Today |
Appellate Court Reinstates Lawsuit Against Rexall |
| A Florida appeals court has reinstated a product liability lawsuit involving the death of a man who used a once popular weight-loss product. The appellate court found that Rexall, the maker of Metab-O-LITE, erred in its motion for dismissal based on venue and had additionally filed the motion months too late. Rexall had argued that Palm Beach County, Fla. wasn’t the proper venue for the lawsuit. Forrest Norman, Law.com 08/31/2007 | Read Article: Law.com |
Products |
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Children’s Art Sets Found to Contain Lead |
| Thousands of art sets containing excessive levels of lead paint have been recalled, Toys “R” Us and the Consumer Product Safety Commission announced Thursday. According to the agency and retailer, some black water color paints and printed ink from the packaging of the Imaginarium Wooden Coloring Cases were found to contain lead. In a statement, the company said that it has terminated its relationship with the paint set’s Chinese manufacturer. AP, The New York Times 08/30/2007 | Read Article: The New York Times |
Study |
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More at Risk for Arsenic Contamination Than Once Thought |
| International researcher warned Wednesday that arsenic in drinking water is a growing health risk in a number of developed countries. According to research presented at the Royal Geographic Society meeting in London, unsafe levels of arsenic in water affect almost 140 million people in more than 70 countries. Exposure to arsenic can cause a host of health problems, even after people have stopped drinking contaminated water. Reuters, The New York Times 08/31/2007 | Read Article: The New York Times |
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