August 15, 2007

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TTLA Home Search Litigation Bank About August 15, 2007
Court Dismisses Award in Nuclear Plant Case
Appeal Court Rules for Hospitals on Payments
Nonprofits Claim FEMA Denied Victims Access to Legal Aid
Senate Leader Urges Bush to Back Investors
Jury Awards Punitive Damages Over Bad Audits
Physician Rankings Spark Lawsuit
Family Claims Police Stun Gun Caused Death
Attorney General Reverses Position on Student Lender Payment
Mattel Announces New Recall
 
 
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Laws/Cases
Court Dismisses Award in Nuclear Plant Case
A federal judge has dismissed damages in the case of a woman who claimed radiation from a nuclear weapons facility caused her to develop thyroid cancer. A 9th Circuit Court panel ruled that the woman failed to file her case within the statute of limitations. The court’s ruling could potentially affect hundreds of claims filed under similar circumstances.    Shannon Dinninny, Yahoo News   08/14/2007
Read Article: Yahoo News  

Appeal Court Rules for Hospitals on Payments
An Arizona appellate court ruled Tuesday that all patients are not entitled to the discounts offered to many group insurance plans. The case stemmed from several patients who were forced to pay full price for treatment after Banner Health retracted price discounts from the patients’ insurer. The majority of the three judge panel found that Banner Health had no requirement to offer discounted rates to the insured patients and could require payment from them by way of a signed agreement.    AP, Arizona Republic  08/14/2007
Read Article: Arizona Republic  

Nonprofits Claim FEMA Denied Victims Access to Legal Aid
A lawsuit filed Monday accuses the Federal Emergency Management Agency of blocking attorneys from working with Texas flood victims. Texas Rio Grande Legal Aid and the Association of Community Organizations for Reform Now claim FEMA has barred the nonprofit organizations from providing information to flood victims about disaster assistance programs, individual cases and pending applications. A judge is expected to hear the case on Thursday.    Corrie MacLaggan, Austin American Statesman 08/14/2007
Read Article: Austin American Statesman

Senate Leader Urges Bush to Back Investors
The head of the Senate Banking Committee called on the Bush administration on Tuesday not to back defendant companies in a Supreme Court case that could have a profound impact on a pending Enron lawsuit. Sen. Christopher Dodd wrote President Bush urging him not to allow the solicitor general to file a friend-of-the-court brief in favor of the defendants’ position. The upcoming Supreme Court case involves tactics used by Charter Communications and two of its suppliers to artificially inflate stock expectations  Marcy Gordon, Yahoo News     08/14/2007
Read Article: Yahoo News  

Jury Awards Punitive Damages Over Bad Audits
One of the nation’s largest accounting firms has been ordered to pay more than $351 million in punitive damages after its audits failed to reveal large-scale fraud at a financial services company. BDO Seidman will also be required to pay $170 million to the financial firm’s former partner, Banco Espirito Santo, in addition to punitive damages. A representative for BDO Seidman said they are confident the jury’s decision will be reversed on appeal.  Adrian Sainz, Miami Herald    08/14/2007
Read Article: Miami Herald  

Physician Rankings Spark Lawsuit
A lawsuit filed by a Connecticut physician group claims that a doctor ranking system used by three insurance companies is simply a ploy to cut costs. The Fairfield County Medical Association accuses insurers Cigna, UnitedHealth and Oxford Health Insurance of steering patients to doctors designated as elite without regard to the quality of care provided. The lawsuit also claims that such systems wrongfully damage the reputations of physicians who are excluded from the lists.    Stephen Singer, Newsday    08/14/2007
Read Article: Newsday  

Family Claims Police Stun Gun Caused Death
The family of a man who died after being shocked with a Taser stun gun has filed a lawsuit against the city of Chicago. The lawsuit claims that police used excessive force to subdue the man, shocking him twice and spraying him with pepper spray. A police spokeswoman said officers followed proper procedure.     Tribune Staff, Chicago Tribune    08/14/2007
Read Article: Chicago Tribune  


ISSUES

Attorney General Reverses Position on Student Lender Payment
The Nebraska attorney general has reversed a decision that would have allowed a student lender to circumvent a $1 million payment to help educate students about college financing. The company, Nelnet, had agreed to make the payment following inquiries into the lender’s relationship with colleges. Attorney General Jon Bruning reversed his decision after receiving criticism about donations from Nelnet executives to his Senate campaign.     Jonathan D. Glater, The New York Times 08/14/2007
Read Article: The New York Times  

PRODUCTS

Mattel Announces New Recall
Mattel announced the largest recall in its history yesterday, covering more than 19 million toys. The recall included almost one half million toy cars covered with lead paint and more than 18 million magnetized toys that could pose a serious danger if swallowed. The latest recall, among several others this summer, has many questioning safety procedures throughout the industry.  Louise Story and David Barboza, The New York Times 08/15/2007
Read Article: The New York Times  
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