TTLA EClips • TTLA Home • Search Litigation Bank • About November 04, 2008 -  High Court Ponders Limits on Labeling Lawsuits -  Attorneys, Patients Critical of Malpractice Law -  Sprint Named in Early Termination Fee Class Action -  Restaurant Named in Drunk-Driving Lawsuit -  Court to Weigh Cancer-HRT Lawsuit -  Appeals Court Reinstates Water Pollution Lawsuit -  Final Kickback Defendants Sentenced -  Officials Report Rise in Breach of Patient Records     This Service Sponsored Exclusively by The James Street Group A Member Service of Texas Trial Lawyers Association   Announcements Time is running out to register for TTLA’s Annual Conference Events! Don’t miss our 4 incredible CLE programs, national speakers including Paul Begala, our Annual Party & Auction, List Server reception, Advocates Annual Meeting, Annual President’s Luncheon, Annual Board & Membership meeting, and more! Visit www.ttla.com/annual for more details and to register, or call (512) 476-3852 for more information.   Laws/Cases High Court Ponders Limits on Labeling Lawsuits The Supreme Court did not appear to tip its hand Monday in considering Wyeth v. Levine, a case with major implications for those harmed by federally approved drugs. Reports seem to indicate that the case may turn on the question of how the Food and Drug Administration handled Wyeth’s attempts to change the labeling on the drug that caused the amputation of Diana Levine’s arm. Efforts by the Bush administration have sought to block such state-law failure-to-warn claims against drug manufacturers.  Joan Biskupic, USA Today  11/03/2008 Read Article: USA Today     Attorneys, Patients Critical of Malpractice Law Attorneys and some patients are criticizing a 2004 Nevada law designed to limit medical malpractice claims. While doctors and insurance companies have heralded the law, attorneys and consumer watchdogs say it leaves people who are injured as a result of medical negligence little chance for recourse. At least one attorney says the law will eventually be found to unconstitutional by the Nevada Supreme Court.  Paula Harasim, San Jose Mercury News  11/01/2008 Read Article: San Jose Mercury News     Sprint Named in Early Termination Fee Class Action Attorneys have filed a class-action lawsuit on behalf of Sprint Nextel customers who were charged early termination fees by the wireless provider. According to the lawsuit, the fees violated the Federal Communications Act and laws in every state. The lawsuit seeks more than $1 billion in refunds for affected customers.  Staff, Dallas Business Journal  11/03/2008 Read Article: Dallas Business Journal     Restaurant Named in Drunk-Driving Lawsuit A sports restaurant chain has become the subject of a lawsuit following a fatal alcohol-related car crash. In the lawsuit, Ercilia Velora Norrid claims that Buffalo Wild Wings Grill & Bar overserved Michael Nason on the night of the accident and was negligent in the death of her daughter. Nason’s pickup truck collided with a vehicle occupied by three teenagers, killing Adreanna Norrid, Nason and another teen. The lawsuit seeks up to $7 million in damages for wrongful death and negligence.  AP, Houston Chronicle  11/03/2008 Read Article: Houston Chronicle     Court to Weigh Cancer-HRT Lawsuit The Pennsylvania Superior Court will consider whether to uphold another ruling by a Philadelphia judge dismissing a lawsuit filed by a woman claiming that hormone replacement therapy drugs were responsible for her breast cancer. In a written opinion, issued last month, Philadelphia Common Pleas Judge Allan L. Tereshko said that the plaintiff could have suspected a relationship between the hormone therapy and breast cancer and in turn should have filed her claim within two years of the 2000 cancer diagnosis.  Amaris Elliott-Engel, Law.com  11/04/2008 Read Article: Law.com     Appeals Court Reinstates Water Pollution Lawsuit A federal appeals court has reinstated a lawsuit accusing Union Carbide of exposing thousands of people to polluted drinking water following a 1984 toxic-gas disaster in India. The Second Circuit Court of Appeals found that a lower court had improperly dismissed the case. The lawsuit seeks class-action status and unspecified damages on behalf of residents affected by the contaminated groundwater.  Martha Graybow, Reuters  11/03/2008 Read Article: Reuters     Final Kickback Defendants Sentenced A federal judge on Monday sentenced the final two defendants involved in a lucrative lawsuit kickback scheme. Former real estate attorney Paul T. Selzer received two years probation, was ordered to pay $250,000 in fines and perform 1,000 hours of community services for laundering kickbacks to a paid plaintiff in class-action lawsuits. Steven Cooperman, a former eye doctor and regular plaintiff in the suits, was ordered to serve four months in federal prison and pay a $40,000 fine.  Gina Keating, Reuters  11/03/2008 Read Article: Reuters     Healthcare Officials Report Rise in Breach of Patient Records More than 1,000 patients treated at the UCLA Hospital System have had their medical records improperly accessed by employees, according to California health officials. The figure, which currently stands at 1,041, was issued by the California Department of Public Health's Center for Healthcare Quality. However, only 165 employees have been disciplined for breaching patient records.  Rong-Gong Lin II, LA Times  10/30/2008 Read Article: LA Times     Published by TRIALSMITH, Litigation Tools for Trial Lawyers