TTLA EClips • TTLA Home • Search Litigation Bank • About November 05, 2008 -  Lehman Faces Class Action Over Lay-Offs -  Future Uncertain for Asbestos Plaintiffs -  Online School Settles Bias Lawsuit -  Court Reinstates Malpractice Claim -  Obama Presidency Could Signal Shift in Judiciary -  Justice Department Launches Vytorin Investigation -  Deaths Prompt Probe of Off-Road Vehicles -  Commentary: Regulators Ill-Equipped to Guarantee Safety     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 Lehman Faces Class Action Over Lay-Offs A former employee of Lehman Brothers Holdings Inc. filed a lawsuit Tuesday accusing the failed investment bank of failing to give workers sufficient notice that they would be laid off. The lawsuit, which seeks class action status, claims that Lehman violated the Worker Adjustment and Retraining Act by failing to provided at least 60 days notice before the layoff. The potential class is estimated to cover as many as 1,000 former Lehman employees.  Journal Staff and Wire Report, Winston-Salem Journal  11/05/2008 Read Article: Winston-Salem Journal     Future Uncertain for Asbestos Plaintiffs More than 1,000 plaintiffs with asbestos-related claims pending against a Missouri company face an uncertain future following the announcement that the maker of heat-resistant products has filed for bankruptcy protection. Plaintiffs in cases against Christy Refractories Co. LLC include those who were exposed to asbestos in steel mills and other commercial and industrial spaces, according to one attorney. A bankruptcy court is expected to establish a trust fund for the suits until the company emerges from bankruptcy.  Angela Tablac, St. Louis Post Dispatch  11/05/2008 Read Article: St. Louis Post Dispatch     Online School Settles Bias Lawsuit Apollo Group, owner of the online school University of Phoenix, will pay $1.89 million to settle claims that it discriminated against non-Mormon employees. In the class-action suit, filed by the Equal Employment Opportunity Commission, 52 former enrollment counselors alleged that members of the Church of Jesus Christ of Latter-day Saints received preference in sales leads, promotions and other benefits. The settlement must still be approved by a judge.  Dawn Gilbertson, Arizona Republic  11/05/2008 Read Article: Arizona Republic     Court Reinstates Malpractice Claim A Las Vegas woman whose child suffered brain damage during birth may pursue her lawsuit against a doctor involved in the delivery, the Nevada Supreme Court has ruled. In a unanimous decision, the court found that the woman’s case showed merit and that a 10-year statute of limitations should be applied in cases where a child suffers brain damage or a birth defect. A lower court had previously dismissed the suit because it was not brought within a four-year statute of limitations.  Cy Ryan, Las Vegas Sun  11/04/2008 Read Article: Las Vegas Sun     Issues Obama Presidency Could Signal Shift in Judiciary The election of Barack Obama and a Democratic surge in the legislative branch could signal a shift in the nation’s court system. As President, Obama will be able to appoint federal, and possibly Supreme Court, judges that are more supportive of consumer and employee rights than many currently on the bench. Equally, a Democratic majority in the Senate should lead to swift confirmation of appointees.  Greg Stohr, Bloomberg  11/05/2008 Read Article: Bloomberg     Products Justice Department Launches Vytorin Investigation The Department of Justice has notified Merck & Co. and its partner Schering-Plough Corp. that it intends to investigate the drugmakers for their marketing of the cholesterol drug Vytorin. In a Sept. 10 letter to the drugmakers, the Justice Department’s Civil Division said they would explore whether marketing for Vytorin might be considered fraudulent. Vytorin and its partner drug Zetia are currently the subject of more than 100 class action claims.  Lisa A. Johnson, Law.com  11/05/2008 Read Article: Law.com     Deaths Prompt Probe of Off-Road Vehicles Reports of some 30 deaths involving off-road recreational vehicles have prompted federal safety regulators to open an investigation into the new and unregulated products. According to the Wall Street Journal, the Yamaha Rhino, which differs from traditional all-terrain vehicles in size and design, is the primary focus of the Consumer Product Safety Commission probe. Similar products, including the Polaris Razor, Honda Motor Co.'s Big Red, Kawasaki Heavy Industries Ltd.'s Mule and Arctic Cat Inc.'s Prowler, may also be included in the investigation.  Alan Ohnsman and Mary Jane Credeur, Bloomberg  11/04/2008 Read Article: Bloomberg     Editorials/Columns/Letters Commentary: Regulators Ill-Equipped to Guarantee Safety The federal government lacks sufficient controls to regulate the safety of drugs after they reach the market, according to a letter published in the Boston Globe. The case of Wyeth v. Levine, the author argues, represents a critical turning point for the ability of the civil justice system to protect consumers. If the Supreme Court rules in favor of pre-emption, it does so to the detriment of the American family, the author says.  Nan Aron, Boston Globe  11/05/2008 Read Article: Boston Globe     Published by TRIALSMITH, Litigation Tools for Trial Lawyers