August 13, 2007

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TTLA Home Search Litigation Bank About August 13, 2007
Recalled Peanut Butter Prompts Multiple Lawsuits
Boston May Become Hot Patent Case Destination
Pharmacist Indicted After Approving Lethal Chemo Dose
Class Actions in Danger Under Roberts Court
Siblings Receive Damages in Lead Poisoning Case
Securities Arbitration in Need of More Oversight, Advocates Argue
Results of Lawsuit Boosted School Performance
Children Suffer in America’s Smoggiest Town
Study: Racial Bias Influences Heart Treatments
 
 
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Laws/Cases
Recalled Peanut Butter Prompts Multiple Lawsuits
Jacqueline Blasengame’s evening ritual of eating peanut butter with graham crackers twice landed her in the hospital with salmonella poisoning. Blasengame is now one of 39 people who have filed lawsuits against ConAgra Foods Inc., the manufacturer of the tainted peanut butter brands. According to the Food and Drug Administration, tainted peanut butter, sold under the Peter Pan and Great value brands, were shipped to stores nationwide and to 60 other countries.  R. Robin McDonald, Law.com  08/13/2007
Read Article: Law.com  

Boston May Become Hot Patent Case Destination
Boston may become the hub for patent and other intellectual property litigation, at least if one man gets his way. Lee Carl Bromberg is pushing for new rules that would expedite the handling of intellectual property cases to place Boston in the ranks of traditionally patent-friendly jurisdictions such as the Eastern District of Texas the Central District of Los Angeles. Proponents of Bromberg’s plan say the move will benefit the local legal community and the patent bar at large.     Sacha Pfeiffer, Boston Globe  08/08/2007
Read Article: Boston Globe  

Pharmacist Indicted After Approving Lethal Chemo Dose
An Ohio pharmacist has been indicted for his role in the accidental death of a 2-year-old cancer patient. According to the indictment, the pharmacist failed to identify a lethal dose of sodium chloride, mixed by a pharmacy technician, into the patient’s chemotherapy treatment. The patient’s parents are pressing legislators for increased oversight of the state’s pharmacy technicians.     Staff, Akron Beacon Journal 08/10/2007
Read Article: Akron Beacon Journal

Class Actions in Danger Under Roberts Court
In the latest term, the Supreme Court weakened the position of investors seeking damages for corporate misconduct and is expected to hand down a significant ruling affecting the ability of investors to file class action lawsuits for securities fraud. According to researchers, the recent decisions are evidence of an increasingly conservative Court and concern among the justices about the role of class action lawsuits. The High Court’s upcoming decision in a case against one of the nation’s largest cable TV companies is expected to have far reaching consequences for future class action lawsuits.   Pete Yost, Forbes  08/10/2007
Read Article: Forbes


Siblings Receive Damages in Lead Poisoning Case
A Baltimore jury awarded $4 million in damages Thursday to two siblings who suffered lead poisoning while living in public housing during the 1980s. The attorney for the plaintiffs argued that exposure to chipped lead paint in the home caused developmental disabilities in the siblings. Their attorney also said he plans to challenge a state cap on damages. Last year, 573 cases of lead poisoning were reported in Baltimore.  Alia Malik, Baltimore Sun    08/11/2007
Read Article: Baltimore Sun  

ISSUES

Securities Arbitration in Need of More Oversight, Advocates Argue
Investors and investor advocates are raising concerns over the process shareholders are supposed to use to resolve grievances with the brokerage industry. Advocates contend that securities arbitration relies too heavily on panelists to self disclose potential conflicts of interest and lacks adequate checks and balances. Arbitration in securities cases became a widespread practice following a 1987 Supreme Court ruling that allowed brokerage firms to enforce contracts requiring arbitration    Gretchen Morgenson, The New York Times    08/13/2007
Read Article: The New York Times  

STUDY

Results of Lawsuit Boosted School Performance
A study, scheduled to be released today, found that conditions in California’s lowest performing schools have improved following a package of laws passed in the wake of a class action lawsuit settled three years ago. The study, prepared by ACLU Foundation of Southern California and Public Advocates is the first report to gauge the impact of Williams v. California. The 2000 lawsuit, filed on behalf of the state’s poorest students, argued that minority students were denied equal access to education.   Carla Rivera, LA Times 08/12/2007
Read Article: LA Times  

Children Suffer in America’s Smoggiest Town
According to the Environmental Protection Agency, the small town of Arvin, Calif. has the nation’s worst air quality. Between 2004 and 2006, Arvin averaged 73 days per year in which ozone, the primary component of smog, exceeded federally accepted levels. Studies have shown that children exposed to air pollution are more likely to develop asthma and other health problems. The childhood asthma rate in the county where Arvin is located exceeds both state and federal rates. AP, The New York Times 08/12/2007
Read Article: The New York Times  

Study: Racial Bias Influences Heart Treatments
A new study suggests that racial bias may have a profound impact on the way doctors treat heart attack patients. The study, conducted by Massachusetts General Hospital, found that physicians who were more racially biased were less likely to prescribe aggressive heart attack treatments for black patients. The study surveyed 287 physicians at four medical centers in Boston and Atlanta. Shankar Vendantam, The Washington Post   08/13/2007
Read Article: The Washington Post  
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