TTLA EClips • TTLA Home • Search Litigation Bank • About November 06, 2008 -  Judge Denies Class Certification for Endoscopy Suit -  Damages Awarded in Experimental Chemotherapy Case -  Mesothelioma Victim Challenging Court Ordered Autopsy -  Jury Awards Damages for Second-Hand Asbestos Exposure -  Lawsuit Filed Over Cruise Fuel Surcharges -  Lawsuit Filed Over AIG Bailout -  Pipeline Company Settles Spill Suit -  Labeling Error Prompts Insulin Syringe Recall -  Fort Worth Court of Appeals: Health Law -  Fort Worth Court of Appeals: Torts     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 Judge Denies Class Certification for Endoscopy Suit A judge has declined to certify class-action status for a lawsuit filed on behalf of patients who feared they might have contracted hepatitis C from visiting a Nevada endoscopy clinic. District Court Judge Allan Earl found that the alleged injuries suffered by the non-infected patients were too dissimilar to certify the class. The ruling may be appealed to the state supreme court, an attorney for the plaintiffs said.  Paul Harasim, Las Vegas Review Journal  11/06/2008 Read Article: Las Vegas Review Journal     Damages Awarded in Experimental Chemotherapy Case A Massachusetts jury has awarded $13.5 million to the family of a woman who died after receiving an experimental cycle of chemotherapy. Jurors found that doctors at the Dana-Farber Cancer Institute were negligent in the death because they failed to investigate side effects of the treatment. An attorney for the physicians maintains that his clients provided a high standard of care.  Brians MacQuarrie, Boston Globe  11/06/2008 Read Article: Boston Globe     Mesothelioma Victim Challenging Court Ordered Autopsy A man suffering from mesothelioma is challenging a court order requiring an autopsy in the event of his death. The autopsy requirement, which is part of an asbestos settlement, is unconstitutionally vague, an attorney for James Ross argues. According to the attorney, Ross objects to the autopsy because of personal moral beliefs.  Peter Page, Law.com  11/06/2008 Read Article: Law.com     Jury Awards Damages for Second-Hand Asbestos Exposure A woman suffering from mesothelioma caused by second-hand asbestos exposure has been awarded $3.6 million by a Florida jury. In the lawsuit, Lynda Daly claimed that she was exposed to asbestos from brakes while working at a Ford dealership and may have also been exposed by brake repairs done at her home. Attorneys on both sides said they expect the case to be appealed.  Todd Wright, Miami Herald  11/06/2008 Read Article: Miami Herald     Lawsuit Filed Over Cruise Fuel Surcharges Florida’s attorney general filed a lawsuit Wednesday accusing a cruise ship company of charging customer for bogus fuel surcharges. According to the lawsuit, Imperial Majesty Cruise Line collected about $4 million over the past two years by adding hidden fees to the bills of travelers. The lawsuit seeks refunds for the hidden fees and proper disclosure of future surcharges.  David Smiley, Miami Herald  11/06/2008 Read Article: Miami Herald     Lawsuit Filed Over AIG Bailout An American International Group shareholder filed a lawsuit Tuesday accusing the company of violating investor rights by accepting the government's $85 billion bailout proposal. In the lawsuit, Wilma Walker claims that AIG violated Delaware law by refusing to allow shareholders to vote on the bailout. The lawsuit seeks class-action status on behalf of affected shareholders.  Reuters, Reuters  11/05/2008 Read Article: Reuters     Pipeline Company Settles Spill Suit A Georgia pipeline company has agreed to pay about $2 million in fines and preventative measures to settle allegations stemming from jet fuel and gasoline spills in Georgia, North Carolina and Virginia, authorities said Thursday. According to the lawsuit, Plantation Pipe Line violated the Clean Water Act by failing to enact adequate spill prevention and control safeguards. The settlement includes $725,000 in fines and $1.3 million in future safeguards.  AP, Atlanta Journal-Constitution  11/06/2008 Read Article: Atlanta Journal-Constitution     Products Labeling Error Prompts Insulin Syringe Recall The maker of a disposable insulin syringe is recalling more than 450,000 units of the product because of a potentially deadly labeling error. According to the Food and Drug Administration, patients using the Covidien Ltd. ReliOn hypodermic syringes could receive more than twice the intended dose. The recall applies to 471,000 syringes sold at Wal-Mart and Sam’s Club stores.  Bloomberg News, The New York Times  11/05/2008 Read Article: The New York Times     TEXAS LAWYER CASE SUMMARIES Fort Worth Court of Appeals: Health Law Allegations in a petition are not health care liability claims when the acts or omissions complained of are not inseparable from the rendition of medical services and the accepted standards of safety within the health care industry. Harris Methodist Fort Worth v. Ollie, Fort Worth Court of Appeals, No. 2-07-122-CV.  , Texas Lawyer Opinions (TTLA Members Only)  11/06/2008 Read Article: Texas Lawyer Opinions (TTLA Members Only)     Fort Worth Court of Appeals: Torts A short-term out-of-state minority-interest owner with no knowledge of crime having occurred on the property, and where there is no evidence that any criminal activity occurred during or immediately before or after the short time of ownership, has no duty to protect victims from third-party criminal acts. Durham v. Zarcades, Fort Worth Court of Appeals, No. 2-07-398-CV.  , Texas Lawyer Opinions (TTLA Members Only)  11/06/2008 Read Article: Texas Lawyer Opinions (TTLA Members Only)     Published by TRIALSMITH, Litigation Tools for Trial Lawyers