July 20, 2007

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TTLA HomeSearch Litigation BankAbout July 20, 2007
Lawsuit Over CIA Leak Dismissed
Ruling Expected Today on OxyContin Executives' Plea Deal
Defense Council Says Mention of the President is Prejudicial
State Supreme Court Rejects Opening Fee Arbitration
Court Orders VA to Pay Benefits in Agent Orange Case
FEMA Charged with Suppressing Toxic Gas Information
How Secure is Your Social Security Number?
Steam Pipe Explosion Sparks Fears over Asbestos Safety
Botulism Cases Possibly Tied to Production Problem
5th U.S. Circuit Court of Appeals: Admiralty Law
 
 
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Laws/Cases
Lawsuit Over CIA Leak Dismissed
A district judge has dismissed a lawsuit filed by former CIA analyst Valerie Plame that alleged her career was ruined by Vice President Dick Cheney and other White House officials. In the lawsuit, Plame accused the White House of revealing her identity as a CIA employee as retaliation for her husband's criticism of the war in Iraq. Plame's attorney said they plan to appeal the decision. Reuters, The New York Times   07/19/2007
Read Article: The New York Times  

Ruling Expected Today on OxyContin Executives' Plea Deal
A federal judge is expected to rule today on a plea agreement made by three current and former executives of Purdue Pharma, maker of the painkiller OxyContin. The three executives face criminal charges stemming from the drug maker's marketing of OxyContin. Earlier this year, an affiliate company of Purdue Pharma pleaded guilty to similar charges and agreed to pay $600 million in fines and other penalties.  Barry Meier, The New York Times  07/20/2007
Read Article: The New York Times      

Defense Council Says Mention of the President is Prejudicial
Defense attorneys in a civil case have asked the judge to bar the plaintiff from mentioning the name of President George W. Bush on grounds that it would prejudice the jury. The case involves a doctor who filed a civil rights lawsuit after he was arrested for displaying an anti-war sign at a Bush campaign event. The defense asked that the plaintiff instead use the phrase 'presidential candidate.' Shannon P. Duffy, Law.com 07/20/2007
Read Article: Law.com

State Supreme Court Rejects Opening Fee Arbitration
Fee disputes between attorneys and their clients will remain private following a ruling by the New Jersey Supreme Court. The court rejected a proposed plan that would have allowed public scrutiny during such arbitrations. The plan had been openly criticized by bar associations who argued that arbitration is by design a private forum.  Charles Toutant, Law.com  07/20/2007
Read Article: Law.com  

Court Orders VA to Pay Benefits in Agent Orange Case
The 9th Circuit Court of Appeals ruled Thursday that the Department of Veterans Affairs must pay benefits to veterans suffering from chronic lymphocytic leukemia because of their exposure to Agent Orange. Writing for the unanimous three judge panel, Judge Stephen Reinhardt criticized the department for continued foot dragging in paying benefits to the veterans. The ruling is the sixth against the government since the case began in 1986  Harry Weinstein, LA Times  07/20/2007
Read Article: LA Times  

Issues
FEMA Charged with Suppressing Toxic Gas Information
A congressional committee has accused the Federal Emergency Management Agency of suppressing warnings about dangerous levels of a toxic chemical found in government trailers provided for victims of Hurricane Katrina. Lawmakers pointed to e-mail records showing that FEMA lawyers voiced concerns about the agency's potential liability if it pursued testing on the trailers. Records indicate that FEMA initially found formaldehyde levels in the trailers to be 75 times the recommended level.    Spencer S. Hsu, The Washington Post  07/20/2007
Read Article: The Washington Post  

How Secure is Your Social Security Number?
Routine business research recently turned up an unexpected piece of information: former Dallas Cowboy Troy Aikman's Social Security number. The find, made by a California businessman, raises concerns about the security of personal information for all Texas citizens, not just celebrities. Currently, there are potentially thousands of public documents online that may contain Social Security numbers. Peggy Fikac, Houston Chronicle    07/20/2007
Read Article: Houston Chronicle  

Steam Pipe Explosion Sparks Fears over Asbestos Safety
Wednesday's steam pipe explosion in New York has raised concerns about the safety of the city's aging infrastructure. Many of the city's older steam pipes are covered with asbestos insulation, leading many residents to worry about health problems from exposure to the carcinogen. Wednesday's explosion was not the first time an exploding pipe sparked fear about asbestos contamination. A similar incident occurred in 1989  Ken Belson and Anthony DePalma, The New York Times  07/19/2007
Read Article: The New York Times  

Products
Botulism Cases Possibly Tied to Production Problem
Canned chili sauce suspected in a botulism outbreak may have been traced to a Georgia production plant. According to a company official, the plant experienced production problems at about the same time that the chili sauce was made. However, tests conducted at the time of the problem showed no danger of possible contamination, the official said.  AP, The Washington Post  07/20/2007
Read Article: The Washington Post  

TEXAS LAWYER CASE SUMMARIES
5th U.S. Circuit Court of Appeals: Admiralty Law
Park did not put forth any evidence to satisfy the threshold elements of his Jones Act and unseaworthiness claims. Park v. Stockstill Boat Rentals Inc., 5th U.S. Circuit Court of Appeals, No. 06-30655, 7-16-2007.  Texas Lawyer Opinions (TTLA Members Only)  07/20/2007
Read Article: Texas Lawyer Opinions (TTLA Members Only)  


 
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