TrialSmith Eclips
TrialSmith HomeSearch Litigation BankAbout July 08, 2009
Treasury to Push Forward with New Consumer Agency
Judge Blocks Appeal in GM Case
City Seeks Separate Suits in Fee Lawsuit
Lawsuits Expected in Colorado Hepatitis C Outbreak
Ski Resort Settles Suit Over Avalanche Death
Families File Lawsuit Over Deadly Crash
Court: Wrongful Death Claim Barred by Statute of Limitations
FDA Order New Warning for Darvocet
 
 
This Service Sponsored Exclusively by
The James Street Group
A Member Service of
TrialSmith.com
 
Issues
Treasury to Push Forward with New Consumer Agency
Treasury Department officials last week promised to push forward with plans to create a new consumer finance regulatory agency despite shouts from the financial services industry decrying the plan. Plans for the proposed agency were detailed in a draft bill sent to lawmakers last week. Consumer groups supporting the bill hope the new agency will serve as safety commission for financial products and help curb runaway lending the ended in the current wave of foreclosures.  Patrick Rucker, Reuters  07/06/2009
Read Article: Reuters    

Laws/Cases
Judge Blocks Appeal in GM Case
A bankruptcy judge has ruled against a move by asbestos and car accident claimants who sought an expedited appeal in the sale of General Motors Corp. Claimants had sought to have their appeal to block the sale heard directly by the U.S. Court of Appeals in New York. A written decision in the matter was scheduled to be posted to court’s docket Tuesday night. The case is In re General Motors Corp., 09-50026, U.S. Bankruptcy Court, Southern District of New York (Manhattan).  Christopher Scinta, Bloomberg  07/07/2009
Read Article: Bloomberg    

City Seeks Separate Suits in Fee Lawsuit
For the fourth time, the city of Des Moines is asking a judge to force utility customers who were overcharged on electric and natural gas bills to pursue their claims separately, the Des Moines Register reports. The class-action lawsuit stems from a 5 percent franchise fee charged to utility customers from at least 2004 to the present. Last month a judge found that the city had overcharged customers by $9 million a year since initiating the fee.  Jason Pulliam, DesMoines Register  07/08/2009
Read Article: DesMoines Register    

Lawsuits Expected in Colorado Hepatitis C Outbreak
Thousands of patients who were potentially exposed to hepatitis C at a Colorado hospital could file lawsuits against the facility, according the Denver Post. Health officials on Tuesday confirmed that they had identified a 10th case of hepatitis C among patients who had undergone surgery at Rose Medical Center in Colorado Springs. A surgical technician at the hospital has been accused of stealing syringes containing a powerful painkiller and replacing them with used syringes filled with saline.  Jason Blevins and Jennifer Brown, Denver Post  07/08/2009
Read Article: Denver Post    

Ski Resort Settles Suit Over Avalanche Death
The Las Vegas Ski and Snowboard Resort and others have agreed to pay an undisclosed sum to settle a lawsuit filed by the family of a 13-year-old boy killed in a 2005 avalanche on Mount Charleston. According to the lawsuit, the resort ignored avalanche warnings on the day of incident in order to save money. Investigators concluded that the resort failed to comply with multiple safety measures on the day the boy was killed.  David Kihara, Las Vegas Review Journal  07/07/2009
Read Article: Las Vegas Review Journal    

Families File Lawsuit Over Deadly Crash
Two West Virginia bars that served a patron later involved in deadly auto crash knew or should have known that he was impaired, a lawsuit filed by the families of those killed or injured in the crash claims. According to reports, the driver blamed for the crash had been arrested at least six times for DUI prior to the accident. The lawsuit names the driver Brian Stone, Automatic Slim's Hot Spot and Novichenk's Tailgater's Pub 2 as defendants.  AP, Philadelphia Inquirer  07/07/2009
Read Article: Philadelphia Inquirer    

Court: Wrongful Death Claim Barred by Statute of Limitations
A woman whose husband died after doctors left a sponge in him during surgery cannot pursue claims of medical malpractice and wrongful death, the Wisconsin Supreme Court has ruled. In the ruling, the justices found that the claims were barred by state statute of limitations. The high court agreed with OHIC Insurance Company that the clock began ticking when doctors left the sponge in Robert Genrich rather than when he died.  AP, Chicago Tribune  07/07/2009
Read Article: Chicago Tribune    

Products
FDA Order New Warning for Darvocet
The Food and Drug Administration has ordered the makers of Darvocet and similar drugs containing propoxyphene to carry a stronger warning about the risk of potential overdose. The agency declined to pull the drug from the market despite calls from consumer groups to do so. Propoxyphene-containing drugs have been linked to nearly 100 deaths in the last 40 years. However, experts believe that number represents only a fraction of total fatalities caused by propoxyphene.  David Brown, The Washington Post  07/07/2009
Read Article: The Washington Post    



Published by TRIALSMITH, Litigation Tools for Trial Lawyers