| Issues |
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| Senate Kicks Off Sotomayor Hearings |
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Supreme Court nominee Judge Sonia Sotomayor on Monday told lawmakers that judges should apply the law, not make the law, rejecting Republican assertions that bias played a role in her judicial decisions. Predictably, Republican senators targeted a 2001 comment in which Sotomayor said a “wise Latina” was better equipped to decide some cases than a white male. If confirmed as expected, Sotomayor would become the first Hispanic and third woman confirmed to the Supreme Court. Peter Baker and Neil A. Lewis, The New York Times 07/13/2009
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The New York Times
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| Laws/Cases |
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| Misdiagnosis Prompts Record Damages |
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A Tennessee jury has ordered a Memphis doctor and her clinic to pay nearly $24 million for failing to diagnose a woman’s breast cancer. According to the lawsuit, the woman had complained of a lump in her breast for about 18 months. The award is believed to be one of the largest medical malpractice verdicts in state history. WMC-TV Memphis, WMC-TV 07/13/2009
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WMC-TV
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| Court Rejects Mandatory Arbitration Agreement |
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Dell cannot enforce consumer contracts requiring arbitration, Massachusetts Supreme Judicial Court has ruled. In the July 2 ruling, the court held language in the contract prohibiting consumers from pursuing class actions was contrary to public policy. High courts in California, Illinois, New Jersey, New Mexico, North Carolina and Washington have reached similar decisions regarding mandatory arbitration agreements. Sheri Qualters, Law.com 07/09/2009
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Law.com
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| Birth Control Pills Subject of Lawsuits |
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Plaintiffs filed four lawsuits last week accusing Bayer HealthCare Pharmaceuticals of downplaying risks associated with a popular line of birth control pills. According to attorneys familiar with the case, Bayer failed to adequately warn doctors and consumers about the potential side effects of Yaz and Yasmin birth control pills while exaggerating the supposed benefits. In 2008, the Food and Drug Administration ordered the company to begin corrective advertising for its Yaz product line. Tresa Baldas, Law.com 07/14/2009
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Law.com
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| Appeals Court Tosses Dram Shop Case |
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A New York appeals court has granted summary judgment in favor of a convenience store chain that allegedly sold beer to an intoxicated man involved in a fatal crash. Plaintiffs in the case claimed a Quickway store employee violated the state Dram Shop Act by selling alcohol to an individual that was visibly intoxicated. In granting summary judgment, the Appellate Division, 3rd Department ruled that statements by the employee that she smelled alcohol on the man’s breath were inadmissible. Noleen G. Walder, Law.com 07/14/2009
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Law.com
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| Judge Approves Settlement in Strip-Search Lawsuit |
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A federal judge has granted approval for a $3.2 million settlement involving more than 500 people illegally strip searched at an Arizona jail. According to the lawsuit, Santa Cruz County violated the 4th Amendment Rights of those arrested by subjecting them to strip searches, regardless of offense. A similar lawsuit has also been filed against Pima County, Ariz. Brian J. Pedersen, Arizona Daily Star 07/14/2009
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Arizona Daily Star
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| Discrimination Lawsuit Filed Against Bank of America |
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A Merrill Lynch financial advisor has filed a lawsuit accusing the Bank of America-owned company of gender discrimination in its bonus program. In the lawsuit, Jamie Goodman claims that the companies illegally routed major clients away from female advisors, in turn keeping bonuses low. Bank of America maintains that bonuses for financial advisors are completely merit-based. Christine Roberts, New York Daily News 07/13/2009
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New York Daily News
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| Court Rejects Greater Protection for Bystanders |
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John Deere & Co. cannot be held liable for a riding lawnmower accident that severed the feet of a two-year-old boy, the Wisconsin Supreme Court has ruled. The justices held that bystanders are not entitled to any greater protection from dangerous products and that the accident resulted from negligent use of the mower and negligent supervision by the boy’s parents. In 2004, the boy’s father accidentally ran into his son while mowing the lawn. AP, Pantagraph 07/14/2009
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Pantagraph
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