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Personal Injury Law

Bodily Injury Blog

By Edward ("Ted") Bills

Post Frequency: 10.4/day

Last Entry: January 08, 2020 at 18:47:54

Lawyers Note Rise in Claims Over Medical Device

Posted on January 06, 2009
Last month 22 cases against the manufacturer of a device used to treat urinary incontinence in women were consolidated into a multidistrict action. According to the suits, Mentor Corp. negligently designed the product, known as ObTape, and failed to warn consumers about potential risks...

Judge Rejects ?Good Samaritan? Defense in Med-Mal Case

Posted on January 06, 2009
A New York state judge has rejected a registered nurse?s ?Good Samaritan? defense in a medical malpractice case involving the birth of a stillborn child. In an attempt to dismiss the medical malpractice claim, Julia Chachere argued she was not involved in the birth and was present only as a student observer...

Tax Preparer Settles Deceptive Marketing Suit

Posted on January 06, 2009
H&R Block Inc., known affectionately within the trade as “Hit and Run” Block, has agreed to pay $4.85 million to settle a lawsuit filed by the California Attorney General?s Office over an allegedly deceptive tax refund advance program run by the company...

Business Hurrying to Settle Justice Dept. Probes

Posted on January 05, 2009
In anticipation of the coming Obama administration, businesses are hurrying to settle Justice Department investigations into corporate misconduct, the Washington Post reports. Attorneys say Obama appointees to the Justice Department are expected to offer less favorable settlement terms to those accused of corporate wrongdoing than those currently offered under the present administration...

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A.G. Failed to Protect Whistleblowers, Lawsuit Claims

Posted on January 05, 2009
The Connecticut Attorney General?s Office is unable to protect whistleblowers in cases involving state agencies because it is also responsible for defending such cases, a lawsuit filed late last year claims. The case stems from allegations brought by eight state troopers regarding potential corruption within state law enforcement...

Supreme Court May Hear Forced Exorcism Case

Posted on January 05, 2009
Attorneys for a woman who claims to have been abused during an attempted exorcism have asked the U.S. Supreme Court to review the case. Last year, the Texas Supreme Court dismissed a $300,000 jury award for false imprisonment and abuse after finding that the verdict unconstitutionally involved the courts in protected religious conduct...

Whistleblower Settles Complaint with FAA

Posted on January 05, 2009
An air traffic controller who claimed he was retaliated against after complaining about safety procedures at the Memphis International Airport has been returned to control duties after reaching a settlement with the Federal Aviation Administration. A subsequent investigation into the matter found that the FAA failed to adequately respond to the controller?s complaint about potential [...

Appeal Court Rejects Move to Block Payday Loan Lawsuit

Posted on January 05, 2009
A Missouri appeals court has rejected a payday lending company?s attempt to dismiss a potential class-action lawsuit that claims the company violated state lending laws. The Missouri Court of Appeals in St. Louis found that QC Financial Services Inc. could not enforce a mandatory arbitration clause preventing customers from pursuing a class action...

Groups Cry Foul Over Plan to Decrease Insurance Reserves

Posted on January 05, 2009
Consumer groups are protesting a group insurance industry proposals that would allow state regulators to reduce the amount of money that life insurers must set aside for benefits. According to the Consumer Federation of America and the Center for Economic Justice, the move would put owners of life-insurance and annuity contracts at risk if their [...

Healthcare Company Under Fire for Delayed Care

Posted on January 05, 2009
Texas has fined a unit of the Minnesota-based UnitedHealth Group more than $1 million during the last year over complaints that the healthcare company delayed or denied care to disabled patients. Evercare of Texas was the subject of more than 1,300 complaints last year for its handling of claims filed under a state outsourcing program [...

Break-away churches may not take assets with them, California Supreme Court rules

Posted on January 05, 2009
The California high court said the property of St. James Episcopal Church in Newport Beach is owned by the national church, not the congregation. The congregation left the U.S. church after it ordained a gay man as a bishop in 2003. California?s ruling was in line with most other state courts that have ruled on similar [...

Texaco Could Face Record Judgment, Some Predict

Posted on December 30, 2008
A Latin American judge could soon rule in a case that many believe could be the costliest corporate ecological disaster in world history. The case against Texaco and its parent company Chevron Corp., which has languished in U.S. and Ecuadorian courts for more than a decade, stems from 16 billion gallons of oil drilling byproduct [...

Appeals Court Deals Blow to Punitive Damages

Posted on December 30, 2008
In a decision that does not bode well for plaintiffs, a federal appeals court has ruled that a 1-1 ratio of compensatory to punitive damages should apply in cases of substantial purely economic damages. The 3rd Circuit Court of Appeals ruling in Jurinko v...

Judge Rejects Class Status for Trailer Residents

Posted on December 30, 2008
Lawsuits filed on behalf of hundreds of Gulf Coast hurricane victims who were housed in formaldehyde-laden trailers should not be able to pursue their claims as a class action, a federal judge has ruled. In a 50-page ruling, District Judge Kurt Engelhardt found that the individual claims were too dissimilar to pursue as a class [...

Train Crash Victims File Lawsuits

Posted on December 30, 2008
Several victims of the worst train accident in the United States in more than a decade filed lawsuits Tuesday alleging negligence on the part of the company that employed an engineer suspected of causing the crash. Investigators hypothesize that the engineer, employed by French-owned Veolia Transportation Services, was distracted as he sent and received cell [...

Jury Awards Damages to Pair Injured in 2005 Crash

Posted on December 29, 2008
A California jury has ordered the city of San Juan Capistrano to pay $8.3 million to two boys who were injured in a 2005 motorcycle accident. Jurors found that the city was substantially negligent for failing to install safety measures at the intersection where the accident occurred...

Attorneys Predict Wave of Employment Lawsuits

Posted on December 29, 2008
Widespread layoffs stemming from the recent economic downturn could trigger a wave of wrongful-termination suits, labor and employment attorneys say. In expectation of such lawsuits, companies are retaining labor specialists to help them comply with state and federal regulations during downsizing efforts...

Judge: Ford Retirement Fund Suit to Move Forward

Posted on December 29, 2008
A lawsuit accusing Ford Motor Co. of mismanaging the retirement funds of current and former non-union workers should be allowed to go forward, a federal judge ruled last week. In the lawsuit, plaintiffs claim that the automaker should not have offered volatile company stock as an investment option for its employees...

Defendants Settle Fatal Auto Case

Posted on December 29, 2008
Defendants in lawsuits stemming from a 2006 auto accident have agreed to pay $1.5 million to settle the claims. According to the lawsuits, the Hawaiian man who allegedly caused the crash was traveling more than 100 mph and was drunk at the time of the accident...

FDA Issues Warning on Diet Pills

Posted on December 24, 2008
The Food and Drug Administration is warning consumers to avoid a variety of diet pills sold primarily on the Internet. According to the FDA, the pills contain unlisted ingredients, including powerful appetite suppressants and a potential carcinogen. The FDA cautioned that exposure to these substances could put users at risk for heart attacks, strokes and [...

Family of Teen Killed by Tiger Files Lawsuit

Posted on December 24, 2008
The parents of a teenager killed in a 2007 tiger attack at the San Francisco Zoo have filed a lawsuit against the city and the non-profit group that manages the zoo. According to the lawsuit, the city and the San Francisco Zoological Society were negligent in the attack because they failed to properly build the [...

Jury to Consider Financial Fraud Case

Posted on December 24, 2008
An attorney representing clients defrauded in a multimillion-dollar investment scam argued Monday that a Boston bank should have recognized misconduct by a former financial advisor who is currently serving 11 years in prison for money laundering and mail fraud...

Nearly a Quarter of Nursing Homes Get Lowest Rating

Posted on December 22, 2008
Federal regulators gave nearly a quarter of the nation?s nursing home the lowest possible rating, under a new ranking system unveiled Thursday. The new five-star system is determined by factors including staffing and the results of state inspections and aims to simplify for consumers the complicated process of evaluating nursing homes...

Wal-Mart Worker Files Bias Suit

Posted on December 22, 2008
A former Wal-Mart employee has filed a lawsuit against the retail giant claiming that he was harassed and ultimately fired because of his religion and cultural background. In the lawsuit, the worker alleges that fellow stockroom workers made threats against the Arab- and Muslim-American and teased him about terrorists...

Bottled Water Class Action Dismissed

Posted on December 22, 2008
A New York judge has dismissed a consolidated class action against PepsiCo over an alleged misrepresentation about the company?s Aqaufina bottled water. According to the lawsuit, Pepsi deceived customers about source of the water ? bottled from public drinking supplies rather than from a pure stream...

Court Rejects Appeal in ?Pants? Lawsuit

Posted on December 22, 2008
A District of Columbia appellate court has rejected an appeal for a new trial in a former judge?s highly publicized lawsuit over a pair of lost pants. A three-judge panel of the D.C. Court of Appeals held that Roy L. Pearson Jr. failed to show an that advertised satisfaction guarantee amounted to fraud...

Woman Files Lawsuit Over Crib Death

Posted on December 22, 2008
Walt Disney Co. was negligent for allowing the sale of a bassinets manufactured with a defective design, a lawsuit filed Wednesday claims. According to the lawsuit, filed by the family of a child who died in a Winnie the Pooh bassinet, Disney should have stopped the sale of products licensed to crib manufacturer Simplicity Inc...

Seizure Meds to Carry New Warning

Posted on December 17, 2008
Federal regulators announced Tuesday that a popular group of seizure medications must carry stronger warnings about an increased risk of suicide. The new language comes about a year after the Food and Drug Administration first announced that patients taking the drugs were more likely to commit suicide than those taking a placebo...

Lawsuit Expected in Death of Elderly Patient

Posted on December 17, 2008
The family of an elderly woman who died after apparently wandering onto the roof of a Pittsburgh hospital has filed notice that they intend to purse a lawsuit against the facility. Rose Lee Diggs, 89, was found dead on the roof the University of Pittsburgh Medical Center wearing only a hospital gown and slippers in [...

Family Files Lawsuit Over Death During Police Chase

Posted on December 17, 2008
The family of a teenager killed by a driver involved in a high-speed chase with police has filed a lawsuit against a Kansas City-area city and its police department. According to the lawsuit, Independence and its police department violated the city?s pursuit policy and emergency personnel failed to properly assess the boy?s injuries...

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