TTLA EClips
TTLA HomeSearch Litigation BankAbout July 29, 2009
Indiana Ordered to Reimburse Underpaid Workers
Medtronic Paid Doctor to Testify Before Lawmakers
Hospital Settles Suit Over Alleged Kickbacks
Judge Schedules Remaining 9/11 Trials
Jury Orders Guess Founder to Pay Damages to Workers
FDA Issues Warning on Body-Building Supplements
FDA Reverses Course on Lead Fillings
Fort Worth Court of Appeals: Workers' Compensation - Attorney fees
Tanning Beds Cause Cancer, Study Says
 
 
This Service Sponsored Exclusively by
The James Street Group
A Member Service of
Texas Trial Lawyers Association
 
Announcements
IMPORTANT TTLA BOARD MEETING NOTICE
SPECIAL CALLED TTLA Board of Directors Meeting Friday, September 11, 2009, 9:00 am – Noon, TTLA’s Williams Conference Center, Austin, TX. For more information contact Rhonda High 512-476-3852 or rhonda@ttla.com.  

TTLA 2009 Tropical Getaway Seminar: Key West, FL, Sept. 16-20
Join TTLA for the perfect family vacation while attending one of the best CLE programs of the year! Details are still being worked out, but it's never too early to register! For more information, email Rhonda or call (512) 476-3852.  

Laws/Cases
Indiana Ordered to Reimburse Underpaid Workers
An Indiana judge has awarded more than $42 million to state workers who claimed they were underpaid from 1973 to 1993. According to the class-action lawsuit, the state paid some employees who worked 40-hour weeks the same amount as others in similar positions earned in a 37.5-hour work week. The ruling could affect as many as 15,000 current and former Indiana employees. The state is expected to appeal the verdict.  John Murray, Indianapolis Star  07/29/2009
Read Article: Indianapolis Star    

Medtronic Paid Doctor to Testify Before Lawmakers
A medical professor at the University of Minnesota received $6,000 from medical device maker Medtronic in exchange for testimony that urged lawmakers to continue funding medical research involving a bone growth product called Infuse, according to the New York Times. The newspaper reports that Dr. David W. Polly Jr. failed to disclose that he was working as a consultant for Medtronic when he testified before a Senate panel in 2006. Documents released by Senator Charles E. Grassley show that Polly received $1.14 million in fees and expenses from Medtronic from 2003 to 2007.  Barry Meier, The New York Times  07/29/2009
Read Article: The New York Times    

Hospital Settles Suit Over Alleged Kickbacks
A California hospital and its parent company will pay $2.4 million to resolve claims that they paid kickbacks to doctors who referred Medicare patients to the health care system. In the whistleblower lawsuit, federal officials alleged that the Tulare Regional Medical Center and the Tulare District Healthcare System offered doctors discounted rent and commercial real estate in exchange for referrals. The health care system’s former chief financial officer originally filed the lawsuit last year.  AP, San Jose Mercury News  07/28/2009
Read Article: San Jose Mercury News    

Judge Schedules Remaining 9/11 Trials
A federal judge has scheduled the first of three remaining wrongful death lawsuits stemming from the Sept. 11 terrorist attacks for April 12. In scheduling the trial, U.S. District Judge Alvin K. Hellerstein said he wanted the first trial to focus on a case involving victims aboard the hijacked planes. More than 90 other families who chose not to accept payments from a special Congressional fund have already settled their claims against aviation defendants.  AP, Newsday  07/28/2009
Read Article: Newsday    

Jury Orders Guess Founder to Pay Damages to Workers
Jurors in California have ordered Georges Marciano to pay $370 million to five former employees who claimed the Guess Jeans co-founder harassed and defamed them, the Los Angeles Times reports. According to the suit, Marciano accused the employees of stealing from him and conspiring to sell his property. Throughout the case, Marciano, now candidate for California governor, has accused the judge of bias and constitutional violations.  Victoria Kim, LA Times  07/29/2009
Read Article: LA Times    

Products
FDA Issues Warning on Body-Building Supplements
An unknown number of body-building products marketed as nutritional supplements may contain steroids and could cause liver and kidney problems, the Food and Drug Administration has warned. Specifically, the warning applies to eight supplements sold by American Cellular Labs that the FDA says contain hidden steroids. However, the agency admitted it was not sure how many other products could be covered by the warning.  Natasha Singer and Michael S. Schmidt, The New York Times  07/28/2009
Read Article: The New York Times    

FDA Reverses Course on Lead Fillings
In a somewhat sudden reversal, federal regulators have announced that they no longer consider silver dental fillings to be a health risk to patients. The Food and Drug Administration says its final scientific review concluded that the fillings contain too little mercury to harm anyone except those with a mercury allergy. Last year, the FDA agreed to post a caution on its Web site about silver dental fillings in order to settle a lawsuit by anti-mercury activists.  AP, Newsday  07/28/2009
Read Article: Newsday    

TEXAS LAWYER CASE SUMMARIES
Fort Worth Court of Appeals: Workers' Compensation - Attorney fees
Attorneys' fees are not recoverable when the employee disputes an initial Texas Workers' Compensation Commission finding that the employee is not entitled to supplemental income benefits. Texas Mutual Insurance Co. v. Baker, Fort Worth Court of Appeals, No. 2-08-165-CV, 07-23-2009.  , Texas Lawyer Opinions (TTLA Members Only)  07/29/2009
Read Article: Texas Lawyer Opinions (TTLA Members Only)    

Study
Tanning Beds Cause Cancer, Study Says
A new study has concluded that the use of tanning beds raised the risk of skin cancer by 75 percent among persons who began tanning before age 30. The risk assessment, produced by the International Agency for Research on Cancer, now classifies tanning beds in the same category as carcinogens such as cigarettes. The study appears in the medical journal Lancet Oncology.  Eva von Schaper, Bloomberg  07/28/2009
Read Article: Bloomberg    



Published by TRIALSMITH, Litigation Tools for Trial Lawyers