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| Judge Grants Class Action Status in State Foster Care Suit | | A class-action lawsuit brought on by the advocacy group Children's Rights has the potential to affect almost 19,000 foster children. The lawsuit, filed against MI, alleges the state foster care systems constantly violate the constitutional rights of foster children by denying them adequate services. The group seeks to force the MI Department of Human Services to ensure the safety, well-being and permanency of foster children. Jack Kresnak, Detroit Free Press 02/15/2007
| | Read Article: Detroit Free Press |
| Healthcare | | |
| State Enforces Online Reporting of Malpractice Cases | | A recent investigation found that some doctors were withholding malpractice claims from the TN Department of Health's Web site. Tennessee law requires doctors to report all malpractice claims online to be viewed by the public. In light of the investigation, the state is reviewing records and updating all doctors' profiles with malpractice cases that may have been withheld. Insurance Journal, Insurance Journal 02/15/2007
| | Read Article: Insurance Journal |
| Insurance | | |
| Insurers Challenge Emergency State Order | | Insurance companies are looking to halt an emergency state order that temporarily keeps property insurers from dropping policies or raising premiums until FL's new insurance law takes effect. Insurers claim the order is unlawful and have requested a court review. The state has until Monday to tell a judge why the industry's request should not be granted. Kathy Bushouse and Mark Hollils, Orlando Sentinel 02/14/2007
| | Read Article: Orlando Sentinel |
| Allstate Paid Types of Claims Denied By State Farm | | Allstate's CEO says the company did not reject certain types of claims that were denied by State Farm. Allstate assures cases were settled in cases where homes were completely destroyed. State Farm and Allstate are named in a class-action lawsuit seeking to have insurers in MS reopen closed Hurricane Katrina claims. Lavinna Kuykendall, Insurance Journal 02/15/2007
| | Read Article: Insurance Journal |
| Issues | | |
| Court Dismisses Negligence Lawsuit Against Myspace | | A TX court threw out a lawsuit against Myspace alleging negligence, fraud and negligent misrepresentation. The lawsuit was filed by the family of a young teenage girl who was attacked by a 19-year-old man she met on the Web site. The judge dismissed the suit on the grounds that Myspace is an "interactive service" that is protected from materials posted on its site by the Communications Decency Act. Reuters, The Washington Post 02/14/2007
| | Read Article: The Washington Post |
| Phelps Dodge Faces Wrongful Termination Lawsuit | | In a lawsuit against Phelps Dodge Corp., a man alleges he was fired for refusing to take home his work uniform to launder after it was exposed to hazardous materials. The suit seeks to prevent the company from requiring or requesting employees to launder contaminated work clothing. In addition, the plaintiff seeks back pay, court costs and compensatory and punitive damages. Tammy Fonce-Olivas, El Paso Times 02/15/2007
| | Read Article: El Paso Times |
| Products | | |
| Study Reveals Link Between Hearing Loss and Deployed Airbags | | Research suggests that an estimated 17 percent of people exposed to deployed airbags in American cars will suffer hearing damage. Results of the study also revealed that airbag deployment is more hazardous to the ear when car windows are rolled up, contrary to previous beliefs. United States regulations requires larger, more powerful airbags than foreign-sold cars, however the study claimed smaller airbags would likely pose less auditory danger. Insurance Journal, Insurance Journal 02/14/2007
| | Read Article: Insurance Journal |
| TEXAS LAWYER CASE SUMMARIES | | |
| Houston's 14th Court of Appeals: Damages | | Marcus Dunte Whitaker is entitled to a new trial, because the default judgment failed to distinguish between properly awarded damages supported by sufficient evidence and improperly awarded damages. Whitaker v. Rose, Houston's 14th Court of Appeals, 14-04-01178-CV, 2-6-2007. , Texas Lawyer Opinions (TTLA Members Only) 02/15/2007
| | Read Article: Texas Lawyer Opinions (TTLA Members Only) |
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