| Class Action |
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| Class Action Status Denied in Vioxx Case |
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Judge Victoria Chaney of Los Angeles Superior Court found that California residents and health insurance companies may not sue Merck & Co. as a class to recover costs for Vioxx because of their different medical histories and amounts paid for the drug. The suit alleges that Merck hid the side-effects of the drug and argues patients would not have taken Vioxx if they were aware it doubled the risk of heart attack and stroke. Attorneys in the case say as many as 2.4 million Californians would have been covered by the class action, and they are considering an appeal of the ruling. Linda A. Johnson, Law.com 05/11/2009
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Law.com
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| Insurance |
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| Calif. Legislature Reviewing Insurance Gender Rating |
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Under the health insurance industry’s current practices, a so-called “gender rating” ensures that a woman pays more for individual health insurance premiums than a man. Two bills – Senate Bill 54 and Assembly Bill 119 – under consideration in the California Legislature would outlaw gender rating. The state is facing a lawsuit by the city of San Francisco over the practice, which is on hold pending the Legislature’s actions on the two bills. Bobby Caina Calvan, The Sacramento Bee 05/11/2009
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The Sacramento Bee
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| Issues |
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| Senator Wants Auto-Dialer Inquiry |
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Sen. Charles Schumer is seeking a federal inquiry into the use of auto-dialers with recordings stating a vehicle warranty is expiring. The calls are made to both land and cell phone lines, including numbers on the do not call list, and are made to people who do not even own cars. In most cases, the warranty being offered is at a very high cost and does not cover many repairs. Karen Matthews, Houston Chronicle 05/10/2009
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Houston Chronicle
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| Laws/Cases |
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| Jury Acquits Company in Montana Asbestos Case |
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The jury in a federal case that alleged that W.R. Grace & Co. covered up the dangerous side-effects of asbestos acquitted the company and Henry Eschenbach, Jack Wolter and Robert Bettacchi of all charges. The company operated a vermiculite mine in Libby, Montana from 1963 to 1990 and many residents blame it for ongoing asbestos-related health problems and deaths. One additional case, against Grace counsel O. Mario Favorito, is still pending. Susan Gallagher, Houston Chronicle 05/09/2009
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Houston Chronicle
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| School Facing Lawsuit After Bullying Death |
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DeKalb County Schools are facing a lawsuit brought by the family of an 11-year old boy who hanged himself as a result of constant bullying. The family hopes to use any award to finance the Jaheem Herrera Foundation, whose mission is to stop school bullying. The suit was announced at a rally designed to put a spotlight on bullying, and the school now has 30 days to respond. Associated Press, Atlanta Journal-Constitution 05/10/2009
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Atlanta Journal-Constitution
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| Family to Receive $3.1 Million in Drunk-Driving Case |
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Jurors found that Robert LaBarre was 85% liable in the death of Sheena Marie Villa, a passenger in his car when he crashed while driving drunk. Compensatory damages of $1.1 million were awarded to Villa’s family, along with $2 million in punitive damages. A bar where LaBarre had been served alcohol that night was found not liable in the death. Kevin Amerman, The Morning Call Online 05/09/2009
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The Morning Call Online
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| Heparin Investigated in Deaths |
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A type of heparin blood thinner sold by Baxter International Inc. in premixed bags is being examined to determine if it played any role in the deaths of two patients and adverse reaction of a third patient. The company said it is cooperating with the U.S Food and Drug Administration and the Beebe Medical Center in Delaware in the investigation. This heparin is not part of the recall issued by Baxter last year over heparin contaminated by Chinese suppliers. Bruce Japsen, Chicago Tribune 05/11/2009
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Chicago Tribune
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