| Announcements |  |  |
| TTLA CLE: Making Your Case to the Media | | A fast-paced three hour interactive session presented by award winning journalist Mark Curriden. Strictly limited to 20 participants, attendees will leave this workshop with a new grasp of media relations issues and strategies. Attendees are encouraged to come to the session prepared to talk about a current case in the interactive discussion portion of the program. Contact Mona Fults at mfults@ttla.com to register. Cost:$100. September 20, Austin. 10:30 am - 2:00 pm. TTLA Conference Center (below the TTLA parking garage).
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| Laws/Cases | | |
| Solicitor General Sides with Corporate Interests | | Solicitor General Paul Clement filed an amicus brief Wednesday for corporations defending a Supreme Court case that will likely dictate whether investors can seek damages from third parties that aid in corporate fraud. The case has exposed a possible rift between the Bush administration and the Securities Exchange Commission, who had voted to support investors. Susan Beck, Law.com 08/16/2007
| | Read Article: Law.com |
| Reporters Seek Damages Over HP Spying Scandal | | Three reporters and their families filed a lawsuit against Hewlett-Packard and two of its former executives on Wednesday after the company secretly obtained their private telephone records. The lawsuits stems from a corporate spying scandal in which the technology giant tricked phone companies into handing over confidential call logs. The lawsuit alleges invasion of privacy, intentional infliction of emotional distress and engaging in unfair business practices. Jordan Robertson, Houston Chronicle 08/15/2007
| | Read Article: Houston Chronicle |
| Banks Settles Claims of Deceptive Marketing | | A South Dakota bank has agreed to pay $4.5 million to settle claims that it deceptively marketed credit cards to consumers with poor credit. The action, filed by New York Attorney General Andrew Cuomo, alleged that First Premier Bank charged customers large processing fees for opening an account despite advertising otherwise. The settlement will be used to repay customers affected by improper billing John Sullivan, The New York Times 08/16/2007
| | Read Article: The New York Times
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| Lawsuits Allege Laxative Causes Kidney Failure | | A series of lawsuits allege that an over-the-counter laxative has caused serious kidney problems and, in some cases, death. The laxative, Fleet Phospho-soda is commonly used to flush patients' bowels prior to colonoscopies. In 2006 the Food and Drug Administration reported that it had documented at least 21 cases of kidney failure associated with the use of Fleet Phospho-soda and its generic competitors. Steve Karnowki, Houston Chronicle 08/16/2007
| | Read Article: Houston Chronicle |
| Congressional Act Threatens Levee Claims | | A judge said Thursday that he is considering dismissing a lawsuit filed against the Army Corps of Engineers over its handling of the New Orleans levee system prior to Hurricane Katrina. The corps contends that it is immune from civil claims related to its work on the levee system under the Flood Control Act of 1928. "It is indeed lamentable that if the court rules in favor of the government that it would appear the king can do no wrong," the judge in the case said. Cain Burdeau, Houston Chronicle 08/16/2007
| | Read Article: Houston Chronicle |
| Court Finds for Firefighters in Wage Case | | The Montana Supreme Court unanimously ruled in favor of a group of Billings firefighters who had sought to recover unpaid wages. The high court ordered the city to reimburse the firefighters $3 million in unpaid wages, in addition to attorney fees, court costs and penalties. The case stemmed from unpaid hours worked by the firefighters during so called “Kelly shifts.” Ed Kemmick, Billings Gazette 08/14/2007
| | Read Article: Billings Gazette |
| Army Medical Center Negligent in Brain Damage Case | | A district court judge on Thursday awarded $9.4 million to the family of a boy who suffered severe brain damage while in the care of Tripler Army Medical Center. The family claimed in the medical malpractice lawsuit that the hospital failed to respond to multiple warnings that the boy’s condition was worsening. In a statement, the medical center said it would abide by the court’s ruling. Rosemarie Bernardo, Honolulu Star Bulletin 08/17/2007
| | Read Article: Honolulu Star Bulletin |
| Damages Awarded in TDCJ Disability Case | | A jury awarded $1.5 million Wednesday to an El Paso woman over claims that the Texas Department of Criminal Justice failed to make adequate accommodations for the woman’s disability. In the lawsuit, Linette Weller, who suffers from severe asthma, alleged that she was fired after she repeatedly requested the department remove aerosol room deodorants that triggered her asthma attacks. David Crowder, El Paso Times 08/17/2007
| | Read Article: El Paso Times |
| Appeals Court Upholds Med-Mal Damages | | A New Jersey appeals court has upheld a $70.8 million award to the family of an infant who suffered brain damage while recovering from spina bifida surgery. The three judge panel ruled that the court should not interfere with jury damage awards unless damages severely exceed the extent of the injury. Attorneys for the hospital named in the lawsuit claimed that the award would set a dangerous benchmark for future malpractice cases. Michael Booth, Law.com 08/17/2007
| | Read Article: Law.com |
| Former Tyson Worker Wins Bias Lawsuit | | An Alabama man has been awarded $1 million in punitive damages for the second time over claims that he was passed over for promotion because of his race. In 2002, a jury found that Tyson Foods had discriminated against John Hithon and another employee on the basis of race but the verdict was later overturned by the trial judge. The Supreme Court revived the case following a 2006 appeal. Val Walton, The Birmingham News08/17/2007
| | Read Article: The Birmingham News |
| Lawsuits Seek to Remove Lead Paint from Homes | | The attorney general for the District of Columbia filed dozens of lawsuits yesterday against landlords who had not complied with requests to remove lead paint from their properties. Property owners were ordered to clean up lead-paint hazards after tests showed that children who lived in or visited the homes had elevated levels of lead in their bodies. Darragh Johnson, The Washington Post08/17/2007
| | Read Article: The Washington Post |
| ISSUES | | |
| Virginia Tech Announces Payments to Shooting Victims | | The families of those killed during the Virginia Tech shooting rampage will receive $180,000, the administrator of a university reimbursement fund said Wednesday. Victims who were wounded will receive between $40,000 and $90,000, based on the length of their hospitalization, plus free tuition. The $7.1 million Hokie Spirit Memorial Fund was created to reimburse persons affected by the April 16 massacre. Tim Craig, The Washington Post 08/16/2007
| | Read Article: The Washington Post |
| PRODUCTS | | |
| FDA Rethinks Guidelines for Cough Medicines | | For the first time in decades, the Food and Drug Administration on Wednesday announced revisions to the agency’s guidelines for children’s cough and cold medicines. Accompanying the announcement, which warned against giving the drugs to children under the age of two, the agency hinted that new warning labels may be on the way. A meeting of independent experts will convene on Oct. 18 to discuss the possibility of new warnings and to assess how well parents administer the drugs to children. Gardiner Harris, The New York Times 08/15/2007
| | Read Article: The New York Times |
| Diabetes Drugs to Receive Strongest Warning | | The makers of diabetes drugs Avandia and Actos have agreed to add the most severe warning to inform patients that the medications may increase the risk of heart failure. The Food and Drug Administration said the so called “black box” warnings are separate from concerns that Avandia may increase the risk of heart attacks. A separate FDA review of Avandia and Actos side effects showed cases of significant weight gain and build up of fluids, both risk factors for heat failure AP, The Washington Post08/16/2007
| | Read Article: The Washington Post |
| House Paint Remains Primary Source of Lead Poisoning | | While the recall of lead tainted toys has grabbed the attention of parents in recent weeks, according to health officials, most cases of lead poisoning originate from homes with lead-based paint. Young children are living in more than 4 million homes with deteriorating lead paint or elevated lead dust levels, health officials say. Lead poisoning can lead to irreversible developmental disabilities and in some cases death. Mike Stobbe, The Washington Post08/15/2007
| | Read Article: The Washington Post |
| Poor Design at Heart of Latest Toy Recall | | Toy designers are being blamed for the most recent Mattel recall. The recall involved domestically designed toys made with small, powerful magnets that can cause serious harm or death if swallowed. The magnets, which can be 20 times more powerful than household magnets, are favored by toy makers for their price and utility. Xiyun Yang and Sabrina Valle, The Washington Post08/16/2007
| | Read Article: The Washington Post |
| STUDY | | |
| Dallas Plant Linked to Asbestos Cases | | Doctors have identified at least 15 people linked to a Dallas vermiculite plant who show symptoms of asbestos-related illnesses. The findings come from preliminary X-ray screenings of former employees and people who lived near the plant. In 2005, federal officials determined that the plant, owned by W.R. Grace & Co, could have exposed employees and residents to asbestos fibers. AP, Houston Chronicle08/15/2007
| | Read Article: Houston Chronicle |
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