TTLA EClips • TTLA Home • Search Litigation Bank • About November 14, 2008 -  State High Court Considers Challenge to Malpractice Cap -  Hospitals Named in Wage Class Action -  Lawsuit Filed in Zoo Tiger Attack -  Lawsuit Over Housing for Disabled Settled -  Apartment Complex Resolves Bias Lawsuit -  Exxon Valdez Payments to Move Forward -  Court: Workers' Comp. Law Bars Wrongful Death Suit -  FDA to Block Some Chinese Imports     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 State High Court Considers Challenge to Malpractice Cap The Illinois Supreme Court heard arguments Thursday in one of three cases challenging the state’s limit on medical malpractice damages. Critics of the law, which places limits on non-economic damages against doctors and hospitals, argue that it unfairly targets lower-income patients injured by negligence. Earlier this year, a trial court ruled that the law violates the separation clause of the Constitution.  John O’Connor, Chicago Tribune  11/13/2008 Read Article: Chicago Tribune     Hospitals Named in Wage Class Action Attorneys filed two class-action lawsuits Thursday accusing two New York hospitals of failing to pay employees for missed or interrupted meal breaks. Federal law requires hourly employees to be paid for missed or interrupted breaks. Thus far, nearly 200 employees from St. Joseph's Hospital Health Center and Crouse Hospital have joined the lawsuits.  James T. Mulder, The Syracuse Post-Standard  11/14/2008 Read Article: The Syracuse Post-Standard     Lawsuit Filed in Zoo Tiger Attack Two California men who were attacked by an escaped tiger last year at the San Francisco Zoo have filed a lawsuit alleging negligence, slander and civil rights violations by the city, zoo and others. Amritpal "Paul" Dhaliwal and Kulbir Dhaliwal claim that the zoo and its workers were negligent for failing to keep the tiger in a proper enclosure. The lawsuit also accuses zoo officials of engaging in a smear campaign in the wake of the attack. A lawsuit by the family of a boy killed in the attack is expected by the end of the year.  John Cote, San Francisco Chronicle  11/13/2008 Read Article: San Francisco Chronicle     Lawsuit Over Housing for Disabled Settled Illinois has agreed to settle a class-action lawsuit accusing the state of violating the civil rights of adults with developmental disabilities living in institutional facilities. According to the lawsuit, the state prevented about 6,000 adults in 250 facilities from living on their own. Under the settlement, the state will provide services for disabled adults to transition from institutions to apartments or small group homes.  AP, St. Louis Post Dispatch  11/14/2008 Read Article: St. Louis Post Dispatch     Apartment Complex Resolves Bias Lawsuit The government announced Wednesday that the owners of Michigan apartment complex have agreed to pay $170,000 to resolve allegations that they discriminated against black applicants. According to the Justice Department lawsuit, Regent Court Apartments in Roseville told black applicants that there were no vacancies when apartments were available to rent. The settlement includes $75,000 in damages to three applicants, $40,000 for victims who have yet to come forward and $55,000 in penalties.  David Ashenfelter, Detroit Free Press  11/14/2008 Read Article: Detroit Free Press     Exxon Valdez Payments to Move Forward A Seattle-based seafood company may not interfere with a plan to distribute punitive damages to those injured by the Exxon Valdez oil spill, a federal judge ruled Wednesday. Judge H. Russel Holland found that Sea Hawk Seafoods Inc., a plaintiff in the Valdez case, had already agreed to the distribution plan, and therefore could not move to rewrite it now. Because of the ruling, many claimants should expect to begin receiving payment by the end of the year.  AP, Houston Chronicle  11/13/2008 Read Article: Houston Chronicle     Court: Workers' Comp. Law Bars Wrongful Death Suit The family of a pharmacy clerk who was fatally stabbed by a shoplifter cannot pursue damages against the store for wrongful death, the Massachusetts Supreme Judicial Court has decided. The court reasoned that a provision of the state workers’ compensation law prohibits employees from seeking damages for work-related injuries. An attorney for the family characterized the ruling as “terribly unfair.”  Martin Finucane, Boston Globe  11/14/2008 Read Article: Boston Globe     Products FDA to Block Some Chinese Imports The Food and Drug Administration issued an alert Thursday to prevent Chinese products that contain milk from entering the country. FDA officials fear that products including candy, snacks, baked goods and pet food may contain the chemical melamine. Melamine in baby formula has killed at least four children and sickened thousands more since September.  Gardiner Harris and Andrew Martin, The New York Times  11/13/2008 Read Article: The New York Times     Published by TRIALSMITH, Litigation Tools for Trial Lawyers