TTLA EClips • TTLA Home • Search Litigation Bank • About November 25, 2008 -  VA Settles Suit Over Surgical Death -  Insurer Settles Eating Disorder Class Action -  Newspaper Settles Carrier Employment Suit -  Wal-Mart to Pay Customers for Scanning Errors -  Auto Dealer Settles Service Contract Case -  Exxon to Begin Valdez Damage Payments -  Research Funding Tied to Drug Maker Interests -  Houston's 14th Court of Appeals: Civil Practice -  San Antonio Court of Appeals: Torts -  Study Links Diabetes Drug to Increased Mortality     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 VA Settles Suit Over Surgical Death An Illinois Veterans Affairs hospital has agreed to pay nearly $1 million to settle a lawsuit filed by the widow of a man who died there last year after undergoing gallbladder surgery. In the lawsuit, Katrina Shank accused the hospital of medical negligence and failing to perform an adequate background check on the doctor who performed the surgery. A subsequent VA inspection found that substandard care at the hospital led to dozens of serious injuries and several deaths.  Deborah L. Shelton, Chicago Tribune  11/25/2008 Read Article: Chicago Tribune     Insurer Settles Eating Disorder Class Action Plaintiffs involved in a class action over the denial of insurance benefits to eating disorder patients could receive more than $1 million, as part of a preliminary settlement offer proposed Monday. Horizon Blue Cross Blue Shield of New Jersey said it would pay up to $3.6 million to resolve the complaint and make internal changes to address future eating disorder claims more liberally. The settlement includes more than $2 million in attorneys fees and must still by approved by a federal judge.  Henry Gottlieb, Law.com  11/25/2008 Read Article: Law.com     Newspaper Settles Carrier Employment Suit The parent company of a Los Angeles-area newspaper has agreed to pay about $22 million to settle a lawsuit over how the company classified its newspaper carriers. According to the class-action lawsuit, Freedom Communications Inc. and the Orange County Register wrongly classified carriers as independent contractors, denying them overtime pay and mileage reimbursement. The settlement does not require the newspaper to reclassify the carriers as employees.  AP, LA Times  11/25/2008 Read Article: LA Times     Wal-Mart to Pay Customers for Scanning Errors Customers who are the victims of price-scanning errors at California Wal-Mart stores will receive $3 for the mistake, as part of a settlement reached between the retail giant and the state. A two-year investigation revealed that 164 California Wal-Mart stores overcharged customers between 2005 and 2007. Wal-Mart has also agreed to pay nearly $2 million in fines and other penalties.  Mark Glover, The Sacramento Bee  11/24/2008 Read Article: The Sacramento Bee     Auto Dealer Settles Service Contract Case A Missouri auto dealer has agreed to pay about $2.9 million to settle claims related to allegations that it sold fraudulent service contracts to customers. The settlement comes after a jury awarded damages against John Chezik Honda and subsequent bankruptcy proceedings. Under the settlement, former customers could receive as much as $6,000 from the dealer.  Dan Margolies, Kansas City Star  11/25/2008 Read Article: Kansas City Star     Exxon to Begin Valdez Damage Payments Initial punitive damages payments from the Exxon Valdez oil spill lawsuit should be distributed by the end of the week, an attorney for the plaintiffs has said. On Monday, a federal judge authorized the release of $151 million to be paid to Alaskan fisherman and others harmed in the 1989 spill. An additional $232 million is to be paid out at a later date.  Mark Thiessen, Houston Chronicle  11/24/2008 Read Article: Houston Chronicle     Healthcare Research Funding Tied to Drug Maker Interests A widely regarded child psychiatrist pushed drug maker Johnson & Johnson to fund a medical research center that could advance the company’s commercial interests, recently released internal documents say. Additionally, the documents showed that Johnson & Johnson prepared a draft summary of research results on behalf of the Harvard doctor, Joseph Biederman. A congressional investigation had previously revealed that Dr. Biederman failed to report sizeable earnings from drug makers to the university.  Gardiner Harris, The New York Times  11/24/2008 Read Article: The New York Times     TEXAS LAWYER CASE SUMMARIES Houston's 14th Court of Appeals: Civil Practice In a petition for writ of mandamus, the relator's affirmative defense that the federal Longshore and Harbor Workers' Compensation Act pre-empts the plaintiffs' claims under Texas' wrongful death and survival statutes did not deprive the probate court of subject matter jurisdiction. In Re: Shippers Stevedoring Co., Houston's 14th Court of Appeals, No. 14-08-00438-CV.  , Texas Lawyer Opinions (TTLA Members Only)  11/25/2008 Read Article: Texas Lawyer Opinions (TTLA Members Only)     San Antonio Court of Appeals: Torts Summary judgment was proper under Chapter 95 of the Civil Practice & Remedies Code in appellants' claim, where there was no evidence that appellees exercised or retained control over the manner in which appellants performed their work. Painter v. Momentum Energy Corp., San Antonio Court of Appeals, No. 08-07-00112-CV.  , Texas Lawyer Opinions (TTLA Members Only)  11/25/2008 Read Article: Texas Lawyer Opinions (TTLA Members Only)     Study Study Links Diabetes Drug to Increased Mortality A Harvard Medical School study has concluded that elderly patients taking the diabetes drug rosiglitazone were more likely to develop congestive heart failure and more likely to die when compared with patients taking a similar drug. According to the study, published in the Archives of Internal Medicine, rosiglitazone, sold under the brand name Avandia, was linked to a 13 percent increase of congestive heart failure and a 15 percent increase of death. Previous research has found that rosiglitazone may significantly increase the risk of heart attack and other cardiovascular problems.  Roni Caryn Rabin, The New York Times  11/24/2008 Read Article: The New York Times     Published by TRIALSMITH, Litigation Tools for Trial Lawyers