November 27, 2006

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TTLA HomeSearch Litigation BankAbout November 27, 2006
Judge Rules Class Action Status Inappropriate for Vioxx Cases
IBM Employees to Settle Overtime Lawsuit
State Prepares to Sue Companies for Faulty Construction
Bayer Blames Farmers for Contamination of Rice
Franchisees Sue Quiznos For a Number of Violations
Back Surgery Most Likely Unnecessary
Court Tosses Ruling Against Bank of America
Judge Rules in Favor of Abused Girl's Grandmother
Court Overturns Law Regulating Asbestos Claims
NTSB Recommends Ban on Use of Cell Phones by Bus Drivers
Fear of Cancer Resurfaces Among Former IBM Employees
Mattel Plans Recall of Magnetic Toys After 3 Children Are Injured
 
 
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Laws/Cases
Judge Rules Class Action Status Inappropriate for Vioxx Cases
U.S. District Judge Eldon Fallon ruled that more than 20,000 cases against Merck involving Vioxx cannot be lumped together as a class. The judge believes each case must be governed by the laws in the state in which it was filed. Fallon also said the claims of two NJ residents do not represent the class as a whole because each case presents a different set of facts.  Susan Finch, New Orleans Times-Picayune  11/23/2006
Read Article: New Orleans Times-Picayune  

IBM Employees to Settle Overtime Lawsuit
IBM has agreed to settle a class-action lawsuit filed by workers in technical services professional and information technology specialist job categories. The settlement will total $65 million and payment will be calculated according to a formula.  Reuters, Reuters  11/22/2006
Read Article: Reuters  

State Prepares to Sue Companies for Faulty Construction
The state of MA will file suits against a number of companies involved in the Big Dig highway tunnel project in Boston. The state claims negligence led to the death of a 38-year old woman who was crushed by a falling concrete ceiling panel.  Associated Press, Houston Chronicle  11/27/2006
Read Article: Houston Chronicle   Houston Chronicle  

Bayer Blames Farmers for Contamination of Rice
Bayer CropScience created a genetically engineered rice, which has been found in U.S. rice supplies and therefore could affect hundreds of farmers in AR and MO. A number of class-action lawsuits have been filed against Bayer for the contamination, but the company maintains that farmers' negligence is to blame. Europe has cut off imports of rice from the U.S. and the U.S. Department of Agriculture is currently investigating how the rice escaped from test plots into farmers' fields.  Rick Weiss, The Washington Post  11/22/2006
Read Article: The Washington Post  

Class Action
Franchisees Sue Quiznos For a Number of Violations
A class-action lawsuit representing 28 Quiznos operators seeks millions in damages for fraud, violations of anti-trust laws, and racketeering among other charges. The suit alleges food and supplies can only be purchased from the company or its approved vendors and are sold at unfair prices. Plaintiffs also believe the company sets retail prices too low for stores to make a profit.  The Associated Press, Houston Chronicle  11/22/2006
Read Article: Houston Chronicle  

Healthcare
Back Surgery Most Likely Unnecessary
Two studies reported that patients suffering from painful herniated disks recover whether or not they have undergone back surgery. Patients who did not receive the operation improved significantly within 2 years. Close to 250,000 Americans undergo disk surgery each year.  The Associated Press, MSNBC  11/22/2006
Read Article: MSNBC  

Issues
Court Tosses Ruling Against Bank of America
An appeals court overturned a $1.3 million verdict against Bank of America, upholding the banking industry practice of deducting money from customer accounts to pay bank fees and overdrafts. The policy in CA had been declared illegal in 2004 on the terms that state law prohibits a bank from paying debts by dipping into direct-deposit accounts containing public benefits. A similar lawsuit against Wells Fargo is pending.  David Kravets, San Jose Mercury News  11/22/2006
Read Article: San Jose Mercury News  

Judge Rules in Favor of Abused Girl's Grandmother
A judge awarded $15 million to the grandmother of a Baltimore teenager who died under the supervision of an abusive legal guardian. The woman convicted of killing the 15-year old girl was sentenced to 40 years in prison. The woman's civil lawsuit came two years after the criminal case.  Julie Bykowics, Baltimore Sun  11/22/2006
Read Article: Baltimore Sun  

Court Overturns Law Regulating Asbestos Claims
The GA Supreme Court overturned a law that makes it more difficult for people to sue companies with asbestos-related ailments. According to the court, the law limited cases that were filed before the law was passed. The ruling will allow 860 asbestos suits to proceeed.  Bill Torpy, Atlanta Journal-Constitution  11/22/2006
Read Article: Atlanta Journal-Constitution  

NTSB Recommends Ban on Use of Cell Phones by Bus Drivers
A NTSB report on a bus accident in Alexandria recommended that motor coach and school bus drivers should not be allowed to use cell phones unless it is an emergency. The NTSB concluded that "the driver's cognitive distraction resulting from his use of a hands-free cell phone caused the accident."  Bill Brubaker, The Washington Post  11/21/2006
Read Article: The Washington Post  

Fear of Cancer Resurfaces Among Former IBM Employees
Former employees of three IBM facilities (main operations included semiconductor manufacturing and packaging)are concerned that their exposure to toxins and chemicals in the workplace may have caused cancer and other illnesses. A controversial new report — based on data from the largest employee database — was published in Environmental Health Journal and has rekindled the company's efforts to assure former workers that there is no proven connection between the jobs they did and the health problems they currently face.  Stephanie Armour, USA Today  11/26/2006
Read Article: USA Today  

Products
Mattel Plans Recall of Magnetic Toys After 3 Children Are Injured
Three children were hospitalized for intestinal perforations after swallowing small magnetic parts found in doll play sets. Mattel is recalling 2.4 million sets, which is the second recall of a magnetic toy this year. The U.S. Public Interest Research Group is urging the CPSC to require labels on magnetic toys warning that magnets can cause serious injury or death.  Annys Shin, The Washington Post  11/22/2006
Read Article: The Washington Post  


 
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