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• TTLA Home • Search Litigation Bank • About	September 04, 2007
-  Judge Approves Settlement in Microsoft Case -  State High Court to Hear Ski Resort Liability Case -  Overlooked 9/11 Lawsuits to Begin Trial -  Case to Test State Malpractice Caps -  Appellate Court Vacates Ruling in Cigarette Case -  Delphi Agrees to Settle Fraud Charges -  Agency Struggles with Consumer Safety -  New Rules to Shed Light on Vitamin Labeling -  Dallas Court of Appeals: Torts -  Dallas Court of Appeals: Torts -  Dallas Court of Appeals: Torts -  Dallas Court of Appeals: Torts -  Dallas Court of Appeals: Torts     This Service Sponsored Exclusively by The James Street Group A Member Service of Texas Trial Lawyers Association
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Laws/Cases   Judge Approves Settlement in Microsoft Case An Iowa judge has approved a $179.95 million settlement in a class action lawsuit against Microsoft. Attorneys who filed the lawsuit alleged that Microsoft engaged in anti-competitive conduct that forced Iowa consumers to pay more for software programs offered by the company. Attorneys who brought the lawsuit against Microsoft will receive $75 million in fees and costs, an amount that legal experts are calling a record in the state.  AP, Law.com  09/04/2007 Read Article: Law.com       State High Court to Hear Ski Resort Liability Case The case of a woman, who successfully brought claims against a ski resort for injuries she suffered after falling from a ski lift, will now be heard by the Pennsylvania Supreme Court. The court is expected to hear arguments on whether lower courts erred in their definitions and conclusions regarding negligence in the case. A Superior Court panel had previously overruled a trial judge’s finding that the resort could not be held liable because the woman had signed a release form.  Gina Passarella, Law.com  09/04/2007 Read Article: Law.com       Overlooked 9/11 Lawsuits to Begin Trial A number of families, whose loved ones were killed in the Sept. 11 attacks, may finally get some measure of justice, as their lawsuits come to trial later this month. The families have filed lawsuits against airlines, security companies and other parties they feel were liable in failing to prevent the terrorist attacks. Thus far, 53 of the original 95 lawsuits have been settled and one has been dismissed. The remaining cases are scheduled to begin on Sept. 24.  Anemona Hartocollis, The New York Times  09/04/2007 Read Article: The New York Times       Case to Test State Malpractice Caps Roughly two years after Illinois enacted sweeping medical malpractice legislation, many are questioning the continued viability of the laws. A CookCounty judge is scheduled to hear arguments later this month on whether caps limiting pain and suffering in medical malpractice cases are constitutional. The case stems from a lawsuit filed on behalf of an infant with severe brain damage allegedly caused by the delivering doctor. Both sides expect a lengthy legal battle that may ultimately extend to the state supreme court.  Adam Jadhav, St. Louis Post Dispatch  09/04/2007 Read Article: St. Louis Post Dispatch       Appellate Court Vacates Ruling in Cigarette Case An appellate court has vacated a federal court ruling that dismissed a lawsuit accusing cigarette makers of engaging in deceptive and unfair advertising in the marketing of light cigarettes. The 1st Circuit Court of appeals found that claims in the case were not preempted by the Federal Cigarette Labeling and Advertising Act and could thereby proceed at the district court level. Tobacco companies Altria Group and Philip Morris are named as defendants in the case.  AP, Yahoo News  09/04/2007 Read Article: Yahoo News       Delphi Agrees to Settle Fraud Charges Investors in the troubled auto parts maker, Delphi Co, will receive a combined $342.1 million as part of settlement over charges that the company defrauded shareholders. Investors alleged that Delphi executives engaged in a widespread conspiracy to defraud investors and that company underwriters failed to properly investigate the company’s financing before selling and distributing its securities. The class action settlement is the third largest securities fraud settlement this year and the 23rd largest in history.  Margaret Cronin Fisk and Jeff Bennett, Bloomberg  08/31/2007 Read Article: Bloomberg       Products   Agency Struggles with Consumer Safety Current and former employees of the Consumer Product Safety Commission have charged the agency with blocking much needed enhancements to safety regulations and weakening many industry oversight rules. Employees contend that budget cutbacks and congressional interference have kept the agency from fulfilling its mission. Despite several highly publicized safety lapses this year, top agency officials maintain that the current system is largely effective.  Eric Lipton, The New York Times  09/04/2007 Read Article: The New York Times       New Rules to Shed Light on Vitamin Labeling New Food and Drug Administration rules may help the 125 million Americans who take dietary supplements sort through a bevy of claims regarding the benefits of supplement. The new rules, called Good Manufacturing Practices, require vitamin makers to disclose all ingredients in their products and report any potential adverse reactions. Large manufacturers were required to adopt the new rules last month, smaller companies will have until 2010 to comply.  Beth DeCarbo, LA Times  09/03/2007 Read Article: LA Times       TEXAS LAWYER CASE SUMMARIES   Dallas Court of Appeals: Torts Because Texas Local Government Code §89.0041 was inapplicable to the claims brought under the Texas Tort Claims Act, the trial court did not err in denying Dallas County's motion to dismiss and plea to the jurisdiction. DallasCounty v. Coutee, Dallas Court of Appeals, No. 05-06-01695-CV, 8-28-2007.  ,Texas Lawyer Opinions (TTLA Members Only)  09/04/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)       Dallas Court of Appeals: Torts The trial court did not err in denying the physicians' objection to evidence attached to the expert report of Dr. Christina Cruz Grost. Romero v. Lieberman, Dallas Court of Appeals, No. 05-06-00810-CV, 8-29-2007.  , TexasLawyer Opinions (TTLA Members Only)  09/04/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)       Dallas Court of Appeals: Torts Dr. William M. Bennett's expert report in the medical malpractice case was not a good faith effort to comply with the requirements of Texas Civil Practice & Remedies Code §74.351(r)(6) concerning causation. Baylor University MedicalCenter v. Biggs, Dallas Court of Appeals, No. 05-06-01104-CV, 8-28-2007.  ,Texas Lawyer Opinions (TTLA Members Only)  09/04/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)       Dallas Court of Appeals: Torts Southern Methodist University did not breach its duty to Eugene Osadchy as a licensee because he had the same knowledge of the alleged dangerous condition of the stairway as SMU. Osadchy v. Southern Methodist University,Dallas Court of Appeals, No. 05-06-01115-CV, 8-28-2007.  , Texas Lawyer Opinions (TTLA Members Only)  09/04/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)       Dallas Court of Appeals: Torts Sufficient evidence supported the jury's finding that James Moses was not negligent and was not responsible for William Nichols' conduct. Crooks v. M1 Real Estate Partners Ltd., Dallas Court of Appeals, No. 05-05-01593-CV, 8-29-2007.  , Texas Lawyer Opinions (TTLA Members Only)  09/04/2007 Read Article: Texas Lawyer Opinions (TTLA Members Only)
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