| Laws/Cases |
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| Appeals Court Reverses Ruling for Starbucks Workers |
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A California appeals court on Tuesday threw out a San Diego County Superior Court verdict that awarded more than $100 million to a class of Starbuck’s baristas who claimed they were wrongly forced to share tips with supervisors. In the decision, the California Court of Appeals in San Diego found that state labor laws do not prevent the coffee house from allocating tips to supervisors because they essentially perform the same duties as other workers. Attorneys for the baristas say they will appeal the decision to the state supreme court. Andrea Chang and Jerry Hirsch, LA Times 06/03/2009
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LA Times
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| Calif. Lawmakers Move Forward on BPA Ban |
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The California Senate approved a measure Tuesday to ban the use of bisphenol A, commonly known as BPA, in drinking containers used by infants and toddlers. The bill has faced stiff resistance from the chemical and manufacturing industry who claim that the chemical poses little threat to children. Scientists have linked the plastic compound the health problems ranging from developmental disorders to some types of cancer. The legislation must now be approved by the state assembly. Nancy Rivera Brooks, LA Times 06/02/2009
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LA Times
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| Fatal Police Shooting Sparks Lawsuit |
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The family of an 18-year-old Austin, Texas man filed a lawsuit Tuesday accusing the city police department of racial discrimination and excessive force in a fatal shooting last month. In the lawsuit, the family of Nathaniel Sanders II alleges that officer Leonardo Quintana violated numerous police procedures during the incident. The lawsuit seeks unspecified damages for past and future mental anguish. Tony Plohetski, Austin American Statesman 06/03/2009
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Austin American Statesman
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| Families Settle Suits Against FAA |
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The families of three people killed in a 2005 plane crash off of the Florida coast have settled their lawsuits against federal aviation officials. According to the lawsuit Federal Aviation Administration air traffic controllers failed to promptly notify rescuers when pilot Gary Tillman reported engine trouble shortly after takeoff from Craig Municipal Airport in Jacksonville. Tillman, his daughter and another passenger died in the crash. The settlement to the Tillman family and the family of Anna Kipp, the other passenger killed in the crash, is worth $3.75 million. Paul Pinkham, Florida Times Union 06/02/2009
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Florida Times Union
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| Judge Clears Fiat of Liability for Chrysler Vehicles |
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Chrysler’s new parent company, Fiat, cannot be held liable for injuries caused by previously produced Chrysler, Dodge or Jeep vehicles, a judge ruled over the weekend. Attorneys for the automaker had argued that the company should not be held liable for injuries caused by vehicles it had no role in putting on the road. An attorney representing groups opposed to the motion said he will appeal the ruling. Christopher Jensen, The New York Times 06/02/2009
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The New York Times
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| Jury Awards Damages for Botched Cancer Diagnosis |
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A Pennsylvania jury has ordered a former Scranton urologist to pay $1.88 million for failing to diagnose a man’s cancer. According to the lawsuit, Dr. Milan J. Smolko, Dr. Lillian Longendorfer and Wayne Memorial Hospital in Honesdale did not identify the man’s bladder cancer despite several consultations and examinations over a 16-month period. Dr. Longendorfer and the hospital reached settlements with the man’s widow prior to trial. Erin L. Nissley, The Scranton Time-Tribune 06/03/2009
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The Scranton Time-Tribune
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| Woman Awarded Damages in Med-Mal Case |
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A radiology practice and hospital were negligent in the treatment of a woman whose bowel was damaged during surgery to remove an ovarian cyst, a Michigan jury has ruled. Following 9 years of legal wrangling, a Shiawassee County jury on Friday awarded $2.9 million to Sue Apsey in her lawsuit against Owosso Memorial Hospital and Shiawassee Radiology Consultants. State caps on damages will likely reduce the award to $1 million less, according to attorneys familiar with the matter. Bryn Mickle, MLive 06/02/2009
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MLive
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| Airline Had Problems Prior to Crash, Inspector Says |
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A federal aviation inspector told supervisors about problems with an airline that crashed near Buffalo more than a year before the accident, the New York Times reports. According to Christopher J. Monteleon, pilots with Colgan Air made repeated errors and oversights during test flights with Bombardier Dash 8 Q400. Monteleon claims he was retaliated against after reporting the problems to superiors. Matthew L. Wald, The New York Times 06/03/2009
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The New York Times
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| Head of FDA Backs Food Safety Reform |
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The nation’s food safety chief told lawmakers on Wednesday the Food and Drug Administration would endorse a Democrat-sponsored bill to revamp the country’s food inspection system but her agency would still require additional funding to implement the measure. Appearing before the House Energy and Commerce Subcommittee on Health, Margaret A. Hamburg said she believed the proposed overhaul was a step in the right direction. A committee vote on the measure is expected as early as next week. Gardiner Harris, The New York Times 06/03/2009
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The New York Times
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| Appeals Court Allows Class Action Against Chase |
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An Oregon couple can pursue a class-action lawsuit over allegations that Chase Bank violated the Truth in Lending Act, a federal appeals court has ruled. In the ruling, the 9th Circuit Court of Appeals found that a lower court had wrongly dismissed the complaint. Chase failed to properly disclose that it could drastically change a cardholder’s annual percentage rate for any reason, the court found. The lead plaintiffs in the case filed suit after Chase raised the APR on their credit card from 9 percent to about 24 percent. William McCall, Newsday 06/02/2009
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Newsday
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| Lawsuit Filed Over Injuries in Building Collapse |
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The owner of a Maryville, Tenn. building is liable for injuries suffered by two women whose car was pelted by bricks from the structure’s crumbling façade, a lawsuit filed Wednesday says. According to the lawsuit, tons of bricks fell on the car causing the driver to suffer serious and debilitating injuries. The lawsuit seeks $1 million in compensatory damages and $3 million in punitive damages. News Sentinel Staff, Knoxville News Sentinel 06/03/2009
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Knoxville News Sentinel
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| Study |
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| Analysis Links Soot to Cardiovascular Problems |
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People living in areas with high levels of soot particles in the air are twice as likely to develop health problems considered precursors to cardiovascular-related death, a review of existing studies has concluded. According to the extended epidemiological analysis, conducted by the Health Effects Institute, areas including the eastern suburbs of Los Angeles and the Central Valley of California, Birmingham, Ala., Atlanta, the Ohio River Valley and Pittsburgh had the highest levels of soot particles. Risk of developing a condition that could lead to a deadly heart attack rose from 12 percent to 24 percent among people living in soot laden-areas, researchers found. Felicity Barringer, The New York Times 06/02/2009
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The New York Times
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