| Editorials/Columns/Letters |
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| Column: Mandatory Arbitration Unfair |
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The rise of mandatory arbitration clauses in consumer and employment contracts has a growing number of advocates arguing that such agreements strip the public of their right to a jury trial, according to a column published in the Los Angeles Times. Critics of the practice contend that mandatory arbitration agreements essentially stack the deck in favor of businesses facing consumer claims. David Lazarus, LA Times 05/03/2009
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LA Times
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| Laws/Cases |
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| Residents Seek Tests for Toxic Contamination |
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A number of Montana residents have retained attorneys to help test for possible railroad contamination beneath local homes and business, the online edition of the Missoulian reports. According to a law firm familiar with the matter, toxic plumes have migrated from Burlington Northern Sante Fe railway property into residential and business properties. BNSF has maintained that there is no evidence that any contamination has migrated. Michael Jamison, Missoulian 05/04/2009
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Missoulian
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| Justices Rules on Superfund Liability |
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The Supreme Court ruled in favor of an oil company and two railway units Monday in a case involving the environmental cleanup of so-called Superfund sites. In an 8-1 decision, the justices found that Shell Oil should not be held completely liable for environmental contamination from a California chemical distribution firm supplied by the company. The ruling limits the circumstances in which the government can recover cleanup costs from companies only partially responsible for environmental contamination. Adam Liptak, The New York Times 05/04/2009
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The New York Times
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| Florida Lawmakers Cap Workers' Comp. Fees |
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Florida lawmakers passed legislation on Friday that would reinstate a cap on attorneys’ fees in workers’ compensation cases. The bill, backed largely by business groups, effectively negates a state supreme court decision that lifted limits on attorney compensation in such cases. Worker advocates argue that limits set forth in the bill are unconstitutional. Brent Kallestad, Miami Herald 05/01/2009
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Miami Herald
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| Nissan Ordered to Pay Damages for Design Defect |
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A federal jury has awarded $2.19 million to a Texas woman who claimed a design defect in her 1995 Nissan Pathfinder was responsible for injuries she suffered during a 2006 crash. According to the lawsuit, Nissan failed to adequately test whether some models of the vehicle would protect a driver’s lower legs during an accident. The award includes $1.5 million for past and future pain and mental anguish, $200,000 for past and future disfigurement, $150,000 for past and future physical impairment and $197,000 in past medical expenses. Casey Knaupp, Tyler Morning Telegraph 05/05/2009
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Tyler Morning Telegraph
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| Mother Settles Suit Over Stun Gun Death |
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The mother of a 17-year-old boy who died after being shocked with a Taser has settled her lawsuit against the police. Roger Holyfield, who suffered from mental illness, was shocked at least twice by Jerseyville, Ill. police after ignoring warnings as he walked down a local street carrying a Bible and a cordless telephone and shouting "I want Jesus." The officers involved in the incident were not criminally charged. The terms of the settlement were not disclosed. Jim Suhr, Chicago Tribune 05/03/2009
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Chicago Tribune
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| Hospital Named in Medical Malpractice Lawsuit |
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A North Carolina woman has filed a lawsuit against the Thomasville Medical Center and others claiming medical malpractice caused the death of her child. In the lawsuit, the plaintiff claims an attending physician failed to order routine tests that would have saved the child’s life. The lawsuit seeks damages for wrongful death and other injuries. Heather J. Smith, The Lexington Dispatch 05/04/2009
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The Lexington Dispatch
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| Products |
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| Incontinence Device Sparks Lawsuits |
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Scores of women have filed lawsuits against the maker of a medical device called ObTape claiming the synthetic meshlike material designed to prevent incontinence caused severe complications. Injury claims involving ObTape and similar devices are raising serious questions about how the Food and Drug Administration reviews devices before they are marketed to the public, according to the New York Times. Roni Caryn Rabin, The New York Times 05/04/2009
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The New York Times
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