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TrialSmith HomeSearch Litigation BankAbout July 17, 2009
Judge Rejects Settlement in Wal-Mart Wage Case
Lawsuit Filed Over E. Coli Exposure
Airlines Not Liable for Man's Injuries, Jury Rules
Defendants Can't Depose FBI Agents, Judge Rules
Judge Awards Damages for Ponzi Scheme
Attorneys General Settle Dish Network Suit
Judge Grants Class Status for Babies R Us Plaintiffs
FDA Links Asthma Drug to Heart Problems
 
 
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Laws/Cases
Judge Rejects Settlement in Wal-Mart Wage Case
A Massachusetts judge has refused to approve a class-action settlement in a case accusing Wal-Mart Stores Inc. of wage violations, Bloomberg News reports. According to the outlet, named plaintiffs objected to settlement terms reached by the retail giant and attorneys for other plaintiffs. An attorney for the named plaintiffs said that Wal-Mart had previously refused to settle the class action for a proposed $50 million.  Margaret Cronin Fisk, Bloomberg  07/16/2009
Read Article: Bloomberg    

Lawsuit Filed Over E. Coli Exposure
The family of a 16-month-old boy sickened by meat products allegedly tainted with E. coli has filed a lawsuit against JBS Swift & Company. According to the lawsuit, the boy was hospitalized with severe kidney problems as a result of the exposure. Last month, the company recalled more than 400,000 pounds of beef products after the Centers for Disease Control traced E. coli-related illnesses to Swift-produced meat.  Times staff and news services, Seattle Times  07/17/2009
Read Article: Seattle Times    

Airlines Not Liable for Man's Injuries, Jury Rules
Two airlines were not significantly negligent for brain injuries that led to the death of a drunken airport patron, a Philadelphia jury has concluded. In the verdict, jurors cleared Southwest Airlines of liability in the case and found Continental Airlines only 26 percent negligent for the man’s injuries. Dram shop defendants reached undisclosed settlements with the estate of the man during trial.  Gina Passarella, Law.com  07/17/2009
Read Article: Law.com    

Defendants Can't Depose FBI Agents, Judge Rules
A New York judge has rejected a bid by defendants in lawsuits over the Sept. 11 terrorist attacks to depose federal agents who investigated the incident. Defendants including Airlines, airline security companies and the Port Authority of New York and New Jersey had hoped to negate their liability for the attacks by showing that government security failures made the attack unpreventable. In the ruling, Southern District of New York Judge Alvin K. Hellerstein found that potential liability in the case was unaffected by government actions.  Mark Hamblett, Law.com  07/17/2009
Read Article: Law.com    

Judge Awards Damages for Ponzi Scheme
A federal judge has ordered a former currency trader to pay $42 million to nearly 200 people who claimed they were the victims of a Ponzi scheme. The judge issued the default judgment after the defendant Jeff Lowrance failed to respond to the lawsuit or appear for hearings. Lowrance is believed to have fled to Panama, according to an attorney for the plaintiffs.  Dirk Lammers, Ft. Worth Star Telegram  07/16/2009
Read Article: Ft. Worth Star Telegram    

Attorneys General Settle Dish Network Suit
Attorneys general in 46 states have agreed to settle allegations that Dish Network Corp. misled consumers about its products and services. Under the settlement, the company will pay $6 million in restitution and change its marketing and sales practices. The four states not included in the settlement have filed separate claims accusing the company of violating federal telemarketing laws.  AP, Chicago Tribune  07/17/2009
Read Article: Chicago Tribune    

Judge Grants Class Status for Babies R Us Plaintiffs
A federal judge has granted class-action status to plaintiffs claiming that Babies R Us conspired with other merchants to keep prices artificially high. According to the lawsuit, the inflated price affected products ranging from car seats to pumps for breast milk. The lawsuit seeks damages on behalf of consumers who purchased various products from 1999 to 2006.  AP, Forbes  07/16/2009
Read Article: Forbes    

Products
FDA Links Asthma Drug to Heart Problems
The Food and Drug Administration has announced that the asthma drug Xolair may increase the risk of patients developing a host of cardiovascular problems. Data gathered from clinic trials showed that Xolair users were disproportionately more likely to suffer from blood clots, heart failure, stroke, cardiac arrhythmias and heart enlargement, the FDA said. However, the agency stopped short of establishing a causal link between the drug and heart problems.  Melissa Healy, LA Times  07/16/2009
Read Article: LA Times    



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