TTLA EClips • TTLA Home • Search Litigation Bank • About November 21, 2008 -  Judge Rejects Expert Testimony in Asbestos Cases -  Court Bars Suit Under No Child Left Behind -  Couple Injured in Crash with Trooper File Lawsuit -  AT&T Ordered to Pay Damages for Overcharging -  Inspectors Accusing Agency of Wrongful Termination -  Iowa Court Reverses Dismissal of Cancer Case -  New Health Plan Targeted by Drug Makers -  Psychiatrist Radio Host Tied to Drug Company Payments     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 Rejects Expert Testimony in Asbestos Cases A ruling by a Michigan judge Wednesday could put thousands of asbestos-related cases in jeopardy after finding that expert testimony in the cases was not reliable. Circuit Judge Robert Colombo Jr. ruled in favor of a motion challenging the expertise of Dr. R. Michael Kelly, an internist and occupational medicine specialist who served as an expert witness in more than 2,000 cases. Asbestos litigation experts say that the ruling could have implications for asbestos cases nationwide.  Megha Satyanarayana, Detroit Free Press  11/20/2008 Read Article: Detroit Free Press     Court Bars Suit Under No Child Left Behind A federal appeals court has ruled that parents may not seek damages under the federal No Child Left Behind Act. The 3rd Circuit Court of Appeals found that lawmakers never intended for individuals to enforce the act through lawsuits. Parents in the proposed class action claimed that Newark schools failed to notify them that their children were attending schools deemed deficient or in need of improvement. The case is Newark Parents Association v. Newark Public Schools.  Shannon P. Duffy, Law.com  11/21/2008 Read Article: Law.com     Couple Injured in Crash with Trooper File Lawsuit A husband and wife injured in a crash involving an Illinois State Police trooper have filed a lawsuit accusing the trooper of negligence. In the lawsuit, Kelly and Christine Marler claim they suffered serious injuries when trooper Matt Mitchell lost control of his police-issued 2006 Chevrolet Impala and crossed the center median of Interstate 64. Mitchell is currently under indictment on charges related to the deaths of two sisters involved in the crash.  George Pawlaczyk, Belleville News-Democrat  11/21/2008 Read Article: Belleville News-Democrat     AT&T Ordered to Pay Damages for Overcharging A federal jury in Kansas City on Wednesday ordered AT&T to pay about $17 million over accusations that the phone company overcharged California customers for the federally mandated Universal Services Fund. However, jurors found that there was not enough evidence to show that the company conspired with other carriers to overcharge customers nationwide. Sprint Nextel Corp. had previously agreed to settle similar allegations for $30 million.  David Twiddy, Law.com  11/21/2008 Read Article: Law.com     Inspectors Accusing Agency of Wrongful Termination Two former Texas Education Agency inspectors have filed a lawsuit accusing the agency of wrongful termination. According to the lawsuit, James Catazaro and Jim Lyde were fired after attempting to investigate fraud and waste within the agency. The lawsuit seeks reinstatement and unspecified damages.  AP, Houston Chronicle  11/21/2008 Read Article: Houston Chronicle     Iowa Court Reverses Dismissal of Cancer Case The Iowa Supreme Court has reversed the rulings of two lower courts in a case involving a woman who claimed that doctors failed to diagnose her breast cancer. The ruling reverses a district court decision granting summary judgment for the defense on statute of limitation ground and vacates an appellate ruling upholding that decision. The case has been returned to district court for further proceedings.  Amy Lorentzen, Chicago Tribune  11/21/2008 Read Article: Chicago Tribune     Healthcare New Health Plan Targeted by Drug Makers The pharmaceutical industry is jockeying for support among Democrats as the party prepares to take control of Congress and the White House. Drug makers also hope to capitalize on a shift in its political contribution strategy as Democrats craft plans to overhaul the nation’s healthcare system. Drug companies have already begun touting Medicare's prescription drug coverage program as evidence of their roles in cutting health costs.  Lisa Richwine and Ransdell Pierson, Reuters  11/20/2008 Read Article: Reuters     Psychiatrist Radio Host Tied to Drug Company Payments Senate leaders are investigating a psychiatrist and host of a popular radio program for receiving more than $1 million in fees from drug makers between 2000 and 2007. According to reports, Dr. Frederick K. Goodwin, host of National Public Radio’s “The Infinite Mind,” failed to disclose that he was receiving payments from drug makers for treatments covered during his radio show. Disclosure of Goodwin’s ties to drug makers comes as part of a larger investigation, led by Senator Charles E. Grassley, into potential conflicts of interest by doctors.  Gardiner Harris, The New York Times  11/21/2008 Read Article: The New York Times     Published by TRIALSMITH, Litigation Tools for Trial Lawyers