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TrialSmith HomeSearch Litigation BankAbout May 20, 2009
Lawsuit: Psychiatric Drug Cocktail Was Fatal
Apartment Complex Settles with Fire Victims
Shampoos Contain Carcinogens, Lawsuit Says
Vermont Passes Law to Disclose Drug Maker Payments
Detainee Decision Could Be Tough on Plaintiffs, Experts Say
Appeals Court Nixes Lawsuit by Expert Skier
Transit Authority Settles Suit Over Bus Accident
Company Settles EEOC Complaint
 
 
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Laws/Cases
Lawsuit: Psychiatric Drug Cocktail Was Fatal
The mother of a 12-year-old boy who died of a rare condition while living at a Florida group home has filed a lawsuit accusing the facility and psychiatrist of prescribing a fatal cocktail of drugs. According to the lawsuit, the Rainbow Ranch group home and Dr. Steven L. Kaplan used the drugs to chemically restrain the boy. The lawsuit comes as state child welfare officials investigate the death of another child who had been prescribed a combination of mental health drugs.  Carol Marbin Miller, Miami Herald  05/20/2009
Read Article: Miami Herald    

Apartment Complex Settles with Fire Victims
The owners of a Kansas apartment complex have agreed to pay $12 million to the victims of a deadly 2005 fire, the Lawrence Journal-World & News reports. The settlement covers the families of three people who died in the blaze and six others who were injured. In wake of the settlement, the ownership group that runs Boardwalk Apartments has urged tenants to vacate their apartments because of lingering safety problems.  Jesse Fray & Chad Lawhorn, Lawrence Journal-World  05/18/2009
Read Article: Lawrence Journal-World    

Shampoos Contain Carcinogens, Lawsuit Says
A number of top-selling bath and personal care products contain chemicals known to cause cancer, according to a lawsuit filed last week in New Jersey. In the suit, plaintiffs claim that Johnson & Johnson, Proctor & Gamble Co. and others knowingly sold products containing formaldehyde and other carcinogens. The case is Vercellono v. Johnson & Johnson.  Joel Rosenblatt, Bloomberg  05/18/2009
Read Article: Bloomberg    

Vermont Passes Law to Disclose Drug Maker Payments
In the most sweeping legislation to date, Vermont lawmakers have passed a bill that will force drug and device makers to publish explicit details about payments made to doctors and other health care providers. Under the law, the medical industry must disclose the names of doctors who received money and how much each doctor received. The law also prohibits virtually all industry gifts to medical personnel.  Natasha Singer, The New York Times  05/19/2009
Read Article: The New York Times    

Detainee Decision Could Be Tough on Plaintiffs, Experts Say
Plaintiff attorneys are bemoaning Monday’s Supreme Court decision to dismiss a complaint against former Attorney General John Ashcroft by a Pakistani Muslim who was detained in the wake of the 9/11 terrorist attacks. Experts in civil procedure predict that the ruling could make it much more difficult for plaintiffs, in all types of cases, to withstand defendant motions to dismiss. The case is Ashcroft v. Iqbal.  Tony Mauro, Law.com  05/20/2009
Read Article: Law.com    

Appeals Court Nixes Lawsuit by Expert Skier
A self-proclaimed expert skier cannot pursue damages for injuries he suffered while trying to perform a stunt at the Whiteface Mountain winter sports complex, according to a ruling by a New York court of appeals. In a unanimous ruling, an Appellate Division, 3rd Department panel found that the claim was barred by the doctrine of primary assumption of risk. Attorneys for the skier had argued that obstacles in the terrain park where the accident occurred posed concealed dangers to skiers.  Joel Stashenko, Law.com  05/20/2009
Read Article: Law.com    

Transit Authority Settles Suit Over Bus Accident
A Cleveland transit authority has agreed to pay more than $1.75 million to the family of a man killed by a bus as he crossed the street. Miguel Muniz died last year after being struck by a Greater Regional Transit Authority bus that was making a left turn as the man was using a crosswalk. The settlement must still be approved by the Cuyahoga County Probate Court.  Karen Farkas, Cleveland Plain Dealer  05/19/2009
Read Article: Cleveland Plain Dealer    

EEOC
Company Settles EEOC Complaint
A Houston-area tubing company will pay $175,000to settle and Equal Employment Opportunity Commission lawsuit filed on behalf of an employee who complained of racially offensive remarks, according to the Houston Chronicle. In the lawsuit, the EEOC alleged that Maverick Tube Corp. retaliated by firing the worker less than a month after he lodged a complaint against the company's safety manager. Under the settlement, the company will issue a disciplinary notice to the human resources manager who authorized the firing, provide anti-discrimination training to employees and submit to EEOC monitoring.  L.M. Sixel, Houston Chronicle  05/19/2009
Read Article: Houston Chronicle    



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