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MedWorm.com provides a medical RSS filtering service. Thousands of medical RSS feeds are combined and output via different filters. This feed contains the latest news in Medical Law



Last Build Date: Wed, 21 Feb 2018 22:57:13 +0100

 



Judge turns tables, chastises Boston Scientific lawyers in Nevro patent spat

Wed, 21 Feb 2018 16:02:13 +0100

Lawyers for Boston Scientific (NYSE:BSX) took their turns in the hot water as part of a patent infringement battle with neurostimulation rival Nevro (NYSE:NVRO). Back in October 2017, Judge Vince Chhabria of the U.S. District Court for Norther California found that, although the Nevro attorneys’ failure to correct a patent examiner’s misunderstanding of prior art was a little “sleazy,” it didn’t amount to inequitable conduct. Last week Chhabria chastised the other side, this time for “frivolous and vexatious” conduct for their roles in bids to redact documents that could show that Boston Scientific intended to copy technology from Nevro and other competitors. The judge denied Boston’s motion to reconsider his prior denial of the redaction bid because...

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February 20, 2018: U.S. Attorney Announces 69-count Indictment Charging Owners, Managers and Physicians Associated with Hope Clinic

Wed, 21 Feb 2018 15:34:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)



February 14, 2018: Palmer Man Sentenced for Conspiring to Import Prescription Drugs from Pakistan

Wed, 21 Feb 2018 15:24:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)



Constitutional attorney Jonathan Emord calls for FEDERAL investigation into link between psych drugs and school shootings

Wed, 21 Feb 2018 14:21:47 +0100

(Natural News) A top-rated lawyer who has beaten the Food and Drug Administration more times in court than any other attorney is calling on the Trump administration to launch a probe into possible links between commonly-prescribed psychiatric drugs and the epidemic of school shootings. “The financial interests of the psychiatric industry is to feed this... (Source: NaturalNews.com)



Shell To Pay $10M To Reduce Excessive Emissions From Industrial Flares

Wed, 21 Feb 2018 00:11:11 +0100

NEW ORLEANS - Shell Chemical LP on Feb. 12 entered into a consent decree in Louisiana federal court with the government and Louisiana Department of Environmental Quality (LDEQ) in which the company agreed to spend $10 million to reduce emissions of volatile organic compounds (VOCs) from the use of four industrial flares at its Norco, La., facility (United States of America, et al. v. Shell Chemical LP, No. 18-cv-104, E.D. La.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Study: Fracking Fluids Alter Mice At 'Environmentally Relevant' Exposure Levels

Wed, 21 Feb 2018 00:11:11 +0100

AMHERST, Mass. - Researchers at the University of Massachusetts at Amherst and the University of Missouri-Columbia on Feb. 7 released a hydraulic fracturing study that suggests that the mammary gland in female mice is sensitive to mixtures of chemicals used in fracking at exposure levels that are "environmentally relevant." The researchers conclude that "the impact of these findings on the long-term health of the mammary gland, including its lactational capacity and its risk of cancer, should be evaluated in future studies." (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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When Strategies Go Awry: Part 4 In A Series On Cognitive Biases And Their Impact

Wed, 21 Feb 2018 00:11:11 +0100

By Laura A. Frase But Wait - I Remember It Differently: Cognitive Biases That Mess with Our Memories "'It's a poor sort of memory that only works backwards' the Queen remarked." (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Class Of Oil Platform, Processing Facility Workers Certified In Oil Spill Suit

Wed, 21 Feb 2018 00:11:11 +0100

LOS ANGELES - A California federal judge on Feb. 9 certified one of two proposed subclasses, comprising oil platform and processing facility workers, in a lawsuit against the operators of a Santa Barbara, Calif., pipeline that leaked into the Pacific Ocean in May 2015, finding that common questions predominate (Keith Andrews, et al. v. Plains All American Pipeline, L.P., et al., No. 15-4113, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Whistleblower: Issues Remain About Protected Speech In Flint Water Crisis Case

Wed, 21 Feb 2018 00:11:11 +0100

CINCINNATI - A woman who was formerly the administrator for the city of Flint, Mich., and then became a whistleblower after the lead-contaminated water crisis in that city on Feb. 14 filed a brief in the Sixth Circuit U.S. Court of Appeals contending that a district court erred when it granted the city's motion for summary judgment because there are genuine disputes of material facts regarding her claims under state law, as well as the First Amendment (Natasha Henderson v. City of Flint, Mich., No. 17-2031, 6th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Class, Defendants Debate Jurisdiction And Discovery In Flint Lead Water Case

Wed, 21 Feb 2018 00:11:11 +0100

DETROIT - Engineering consultants named as defendants in the lead-contaminated water crisis in Flint, Mich., and the class of plaintiffs alleging that they have been injured by that water on Feb. 9 filed briefs debating whether the federal district court has jurisdiction to order certain discovery at the current stage of the litigation (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Agency Seeks To Rescind Most Of 2016 Methane Waste Prevention Rule

Wed, 21 Feb 2018 00:11:11 +0100

WASHINGTON, D.C. - The U.S. Bureau of Land Management (BLM) on Feb. 13 announced its proposed changes to the 2016 Waste Prevention Rule, calling for the rescission of the majority of regulations on oil and gas operators who had been required to control the venting and flaring of methane produced by drilling activities. (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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California High Court Denies Review Of $1.15B Award In Lead Paint Lawsuit

Wed, 21 Feb 2018 00:11:11 +0100

SACRAMENTO, Calif. - The California Supreme Court on Feb. 14 denied a petition for review filed by the former makers of lead-based paint who contended that the high court should hear their appeal because an appellate court "misstated and omitted material facts" when it found that there was "substantial evidence" that the companies promoted paints containing white lead pigments for interior residential use (The People v. ConAgra Grocery Products Company, et al., No. S246102, Calif. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Plaintiffs In Lead Case Seek Sanctions, Say Defense Counsel Withheld Evidence

Wed, 21 Feb 2018 00:11:11 +0100

MILWAUKEE - Three residents filed a brief in a Wisconsin federal court on Feb. 8 asking it to consider sanctions against the attorney of a company they sued for allegedly causing their injuries from exposure to lead-based paint, on grounds that the attorney withheld evidence concerning the successor-in-interest status of his client (Glenn Burton v. American Cyanamid, et al., No. 07-0303, E.D. Wis.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



DuPont C8 Trial Judge Approves Payment Of More Than $1.78M To Claims Administrator

Wed, 21 Feb 2018 00:11:11 +0100

COLUMBUS, Ohio - A federal judge in Ohio on Feb. 9 granted a motion by plaintiffs in the multidistrict litigation brought against E.I. du Pont de Nemours and Co. for alleged injuries connected to exposure to perfluorooctanoic acid (known as C8), approving the interim disbursement of $1,787,500 to the claims administrator for services rendered (In re: E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Judge: MDL Court Applied 'Incorrect' Legal Standard; MTBE Negligence Claim Valid

Wed, 21 Feb 2018 00:11:11 +0100

SANTA ANA, Calif. - A federal judge in California on Feb. 8 granted a motion for reconsideration filed by the Orange County Water District (OCWD) in its methyl tertiary butyl ether (MTBE) groundwater contamination lawsuit against various gasoline companies, ruling that the multidistrict litigation court wrongly dismissed the OCWD's negligence causes of action by relying on "an incorrect legal standard" (Orange County Water District v. Unocal Corporation, et al., No. 03-1742, C.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Chemical Injury Case Barred By Workers' Compensation Law, Companies Say

Wed, 21 Feb 2018 00:11:11 +0100

LANCASTER, Pa. - Armstrong World Industries Inc. and a German chemical company on Feb. 8 filed a joint brief in Pennsylvania state court contending that the third amended complaint filed by a former employee who says he was injured from exposure to trichloroethylene (TCE) and methylene chloride (MC) should be dismissed because the claims are barred by the Pennsylvania Workers Compensation Act (WCA) (Jose Rivera v. Armstrong World Industries Inc., et al., No. CI-15-06542, Pa. Comm. Pls., Lancaster Co.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Winemaker Agrees To Pay $330,000 For Deadly Ammonia Leak

Wed, 21 Feb 2018 00:11:11 +0100

FRESNO, Calif. - Gibson Wine Co. on Jan. 29 entered into an agreement with the U.S. Department of Justice and U.S. Environmental Protection Agency in which it said it would pay a $330,000 civil penalty and spend $300,000 to make improvements to its facility following a deadly leak of anhydrous ammonia at its Sanger, Calif., site (United States of America v. Gibson Wine Co., No. 15-cv-1900, E.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



City Sues Chemical Companies For Damages To Groundwater From Fire-Fighting Foam

Wed, 21 Feb 2018 00:11:11 +0100

BOSTON - The city of Westfield, Mass., on Feb. 14 filed a lawsuit in Massachusetts federal court against 3M Co. and other chemical companies, seeking to recover costs associated with soil and groundwater cleanup due to contamination from the defendants' manufacture and use of aqueous film forming foam (AFFF) (City of Westfield, Massachusetts v. 3M, et al., No. 18-30027, D. Mass.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Plaintiffs' Attempt To Lift Discovery Stay 'Improper,' Company Argues

Wed, 21 Feb 2018 00:11:11 +0100

SAN FRANCISCO - Pacific Gas& Electric Co. (PGE) filed a brief in California federal court on Jan. 25 arguing that the plaintiffs, who allege that the company's manufactured gas plant (MGP) has contaminated local groundwater, made an "improper" motion for an order confirming the lack of any stay of discovery in the action or, alternatively, an order lifting the stay (San Francisco Herring Association, et al. v. Pacific Gas& Electric Company, No. 14-04393, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Groups: Review Of EPA Permit For Dumping Fracking Waste In Gulf Of Mexico Needed

Wed, 21 Feb 2018 00:11:11 +0100

NEW ORLEANS - The Center for Biological Diversity (CBD) and two other environmental advocacy groups on Feb. 13 filed a petition in the Fifth Circuit U.S. Court of Appeals contending that the Circuit Court should review an Environmental Protection Agency permit that allows oil companies to discharge toxins into the Gulf of Mexico, which the CBD argues puts coastal communities at risk (Center for Biological Diversity, et al. v. Environmental Protection Agency, et al., No. N/A, 5th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Judge Affirms Denial Of Resident's Intervention Request In Contamination Suit

Wed, 21 Feb 2018 00:11:11 +0100

HAMMOND, Ind. - A federal judge in Indiana on Feb. 9 upheld a magistrate judge's ruling denying a motion to intervene filed by nearby residents of a Superfund site, holding that the request, which came two years after a settlement was reached between companies and the U.S. Environmental Protection Agency, was untimely (United States of America v. Atlantic Richfield Co., et al., No. 14-cv-312, N.D. Ind., 2018 U.S. Dist. LEXIS 21524). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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A Possible Financial Boost Awaits Thousands Of Out-Of-State Plaintiffs In Philadelphia

Fri, 16 Feb 2018 10:47:00 +0100

Though a recent Superior Court ruling has livened plaintiff attorneys as to the potential of winning punitive damages in Philadelphia's packed Risperdal program, one lawyer is cautioning against “banking” on such a possibility. (Source: Forbes.com Healthcare News)



February 14, 2018: Two Indian Citizens and India-based Corporation Sentenced for Conspiring to Smuggle Counterfeit Cigarettes

Wed, 14 Feb 2018 22:10:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)



Expert pressed about risk in closing N.S. facilities for people with disabilities

Wed, 14 Feb 2018 18:01:04 +0100

A Nova Scotia government lawyer pressed an expert witness today over the risks of shifting people with intellectual disabilities out of institutional settings into the community, as a human rights inquiry entered its third day. (Source: CBC | Health)



South Africa:Why Are State Lawyers Fighting to Keep Millions Away From #lifeesidimeni Families?

Wed, 14 Feb 2018 07:44:03 +0100

[Bhekisisa] 'Families should be compensated for trauma, but not for what the deceased went through', says state advocate. (Source: AllAfrica News: Health and Medicine)



Disability Claimant's Suit Dismissed; Nevada Not Proper Venue, Federal Judge Says

Tue, 13 Feb 2018 04:20:08 +0100

LAS VEGAS - A Nevada federal judge on Jan. 24 dismissed a disability claimant's suit against a disability insurer after determining that the claimant failed to prove that Nevada is the proper jurisdiction for the suit (Edgar Ortiz v. Reliance Standard Life Insurance Co., No. 17-580, D. Nev., 2018 U.S. Dist. LEXIS 11374). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

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Motion To Transfer Disability Suit Denied; Suit Remains In California

Tue, 13 Feb 2018 04:20:08 +0100

LOS ANGELES - A California federal judge on Feb. 6 denied a motion to transfer a disability claimant's suit to Pennsylvania federal court because the defendants failed to prove that transferring the suit would serve the convenience of the parties and would promote the interests of justice (Stephanie Stefan v. Life Insurance Company of North America, et al., No. 17-6165, C.D. Calif., 2018 U.S. Dist. LEXIS 20356). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



District Court Erred By Reducing Attorney Fees, 1st Circuit Panel Determines

Tue, 13 Feb 2018 04:20:08 +0100

BOSTON - The First Circuit U.S. Court of Appeals on Jan. 18 affirmed a district court's ruling that a disability claimant is entitled to disability benefits but vacated the lower court's calculation of attorney fees and prejudgment interest awarded to the claimant after determining that the court's downward adjustment in the attorney fee award was not appropriate (Diahann L. Gross v. Sun Life Assurance Company of Canada, Nos. 16-2002, 16-1958, 1st Cir., 2018 U.S. App. LEXIS 1190). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Magistrate Judge Says Discovery Not Warranted In Disability Dispute

Tue, 13 Feb 2018 04:20:08 +0100

INDIANAPOLIS - An Indiana federal magistrate judge on Feb. 2 denied a disability claimant's motion to compel discovery on the basis that the claimant failed to meet her burden of proving that the plan operated under a conflict of interest that would entitle her to conduct discovery (Angel Allen v. The Lilly Extended Disability Plan, et al., No. 16-2224, S.D. Ind., 2018 U.S. Dist. LEXIS 17290). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Disability Claimant Failed To Exhaust Administrative Remedies, 6th Circuit Says

Tue, 13 Feb 2018 04:20:08 +0100

CINCINNATI - A claim alleging that a disability insurer violated the Employee Retirement Income Security Act when it offset a plan participant's disability benefits was properly dismissed because the claim arose under the disability plan and the claimant was required to administratively exhaust the plan's remedies or plead futility, neither of which the claimant did, the Sixth Circuit U.S. Court of Appeals said Jan. 23 (Oliver H. Barber III, et al. v. Lincoln National Life Insurance Co., No. 17-5588, 6th Cir., 2018 U.S. App. LEXIS 1560). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Statute Of Limitations Bars Disability Claimant's Suit, Maryland Federal Judge Says

Tue, 13 Feb 2018 04:20:08 +0100

BALTIMORE - A Maryland federal judge on Feb. 1 determined that a disability claimant's breach of contract suit is barred by the applicable statute of limitations because the statute of limitations began to run when the insurer issued its denial letter and not when the insurer denied the claimant's appeal (Nancy F. George v. Massachusetts Mutual Life Insurance Co., No. 17-1073, D. Md., 2018 U.S. Dist. LEXIS 16528). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

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Texas Federal Judge Dismisses Remaining Bias Claim In Gender Dysphoria Suit

Tue, 13 Feb 2018 04:20:08 +0100

DALLAS - A Texas federal judge on Jan. 26 dismissed the remaining discrimination claim in a disability claimant's suit seeking benefits under a short-term disability (STD) plan for breast augmentation surgery to treat the illness of gender dysphoria after determining that the claimant failed to prove that the employer discriminated against her under Title VII of the Civil Rights Act (Charlize Marie Baker v. Aetna Life Insurance Co., et al., No. 15-3679, N.D. Texas; 2018 U.S. Dist. LEXIS 12854). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Disability Insurer's Denial Of Claim Warranted Based On Pre-Existing Condition

Tue, 13 Feb 2018 04:20:08 +0100

JACKSON, Miss. - A disability claimant is not entitled to long-term disability (LTD) benefits because the plan's pre-existing condition limitation bars benefits because the claimant was treated for back pain within the plan's look-back period, a Mississippi federal judge said Jan. 24 (Gary Bales v. Hartford Life& Accident Insurance Co., No. 15-790, S.D. Miss., 2018 U.S. Dist. LEXIS 11180). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



9th Circuit Panel Denies Petition For Rehearing In Disability Offset Suit

Tue, 13 Feb 2018 04:20:08 +0100

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 9 refused to reconsider its ruling that a disability plan administrator did not abuse its discretion in offsetting a claimant's long-term disability (LTD) benefits to account for Social Security disability income (SSDI) benefits that she receives for her dependents (Susan Rene Jones v. Life Insurance Company of North America, et al., No. 16-16172, 9th Cir., 2018 U.S. App. LEXIS 565). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Disability Insurer Must Reimburse Claimant For Amount Of Offset Benefits

Tue, 13 Feb 2018 04:20:08 +0100

MISSOULA, Mont. - A Montana federal judge on Jan. 30 reinstated a disability claimant's long-term disability benefits and ordered the disability insurer to reimburse the claimant for the amount offset by the insurer after determining that a settlement received by the claimant was not subject to offset because the settlement was not for the same disability for which the claimant was receiving disability benefits (Dawn Rustad-Link v. Providence Health and Services, et al., No. 16-136, D. Mont., 2018 U.S. Dist. LEXIS 14928). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Disability Claimant Is Owed Benefits Under Any-Occupation Standard, Federal Judge Says

Tue, 13 Feb 2018 04:20:08 +0100

TUCSON, Ariz. - An Arizona federal judge on Jan. 19 determined that a disability claimant is entitled to current and retroactive long-term disability (LTD) benefits because the evidence supports a finding that the claimant is clearly disabled from performing the duties of any occupation (Rebecca Brown v. Life Insurance Company of North America, et al., No. 16-162, D. Ariz., 2018 U.S. Dist. LEXIS 9759). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)

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Disability Benefits Claim Was Properly Denied, California Federal Judge Determines

Tue, 13 Feb 2018 04:20:08 +0100

SAN FRANCISCO - A claim for pension disability benefits was properly denied because the disability claimant failed to submit medical records detailing his disability as requested on multiple occasions by the plan at issue, a California federal judge said Feb. 6 (Vanmark Strickland v. AT&T Pension Benefit Plan, No. 17-01393, N.D. Calif., 2018 U.S. Dist. LEXIS 19566). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Panel Remands Disability Claim After Finding Questions Of Fact Exist Regarding Denial

Tue, 13 Feb 2018 04:20:08 +0100

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 24 determined that a district court properly applied an abuse-of-discretion standard of review in a disability benefits dispute but remanded the suit after determining that questions of facts exist regarding the disability insurer's decision not to conduct an independent medical evaluation and disregard of the claimant's fatigue and pain complaints (Renee Killebrew v. The Prudential Insurance Company of America, No. 17-2137, 3rd Cir., 2018 U.S. App. LEXIS 1672). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Denial Of Disability Benefits Was Not Arbitrary, Capricious, Federal Judge Says

Tue, 13 Feb 2018 04:20:08 +0100

LEXINGTON, Ky. - A Kentucky federal judge on Feb. 5 affirmed a disability plan's denial of long-term disability benefits after determining that the evidence supports the denial of benefits for the claimant's injury and that the plan provided a reasoned explanation for its denial of benefits (Tracy Kellar v. Aetna Life Insurance Co., et al., No. 17-81, E.D. Ky., 2018 U.S. Dist. LEXIS 18065). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Indiana Federal Judge Says Plan's Denial Of Disability Benefits Must Be Affirmed

Tue, 13 Feb 2018 04:20:08 +0100

SOUTH BEND, Ind. - Noting that an arbitrary and capricious standard of review applies in a disability benefits dispute based on a district court's prior decision, an Indiana federal judge on Jan. 17 affirmed the disability insurer's denial of benefits on the basis that there is rational support for the insurer's denial of benefits (Donald Fessenden v. Reliance Standard Life Insurance Co., et al., No. 15-370, N.D. Ind., 2018 U.S. Dist. LEXIS 7754). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Helicopter Crash in Grand Canyon Leaves 3 Dead, 4 Injured

Tue, 13 Feb 2018 00:29:00 +0100

FLAGSTAFF, Ariz. (AP) — A helicopter crash that killed three British tourists and left four others critically injured happened on tribal land in the Grand Canyon where air tours are not as highly regulated as those inside the national park. The group of friends was in Las Vegas to celebrate a birthday and took a helicopter sightseeing tour of the Grand Canyon on the Hualapai reservation, family and friends said. Killed were veterinary receptionist Becky Dobson, 27; her boyfriend Stuart Hill, a 30-year-old car salesman; and his brother, Jason Hill, a 32-year-old lawyer. Unlike the national park, air tours on the Hualapai reservation are not subject to federal regulations that restrict routes, impose curfews and cap the amount of flights over the Grand Canyon each year. The Federal Aviatio...

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February 9, 2018: Tampa Resident Convicted for Involvement with Tricare Health Care Fraud Scheme

Mon, 12 Feb 2018 19:17:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)









Washington Post begs Natural News to give them "WashingtonPost.news" domain name for free... after failing to register it themselves

Fri, 09 Feb 2018 11:33:47 +0100

(Natural News) For your Friday serving of hilarious entertainment, today we bring you the true news about a fake news giant known as the Washington Post. The fiction-pimping, anti-American, fact-hating newspaper, owned by Jeff Bezos of Amazon fame, directed lawyers to contact Natural News and demand we turn over the WashingtonPost.news domain to their team…... (Source: NaturalNews.com)

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Opioid Judge Doesn't Want The Media To Know Details Of Settlement Talks

Thu, 08 Feb 2018 17:30:00 +0100

The judge overseeing multidistrict litigation against opioid manufacturers and distributors has named the teams of lawyers who will try to negotiate a settlement of hundreds of federal lawsuits (Source: Forbes.com Healthcare News)



Judge Says CERLCA Commencement Date Applicable In Injury Suit

Thu, 08 Feb 2018 02:35:10 +0100

BIRMINGHAM, Ala.- A federal judge in Georgia on Jan. 23 denied motions for summary judgment filed by two companies arguing that 14 lawsuits for personal injuries and property damage caused by the operation of a pipe-making facility are time-barred, holding that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) commencement date could be applied to the plaintiffs' claims (William Abner v. United States Pipe& Foundry Co., No. 15-cv-02040-KOB, N.D. Ala., 2018 U.S. Dist. LEXIS 10146). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Panel: Lead Paint Case Properly Dismissed; Sanctions Against Tenant Reversed

Thu, 08 Feb 2018 02:35:10 +0100

LANSING, Mich. - A Michigan appellate panel on Jan. 18 affirmed a trial court ruling dismissing lead-based paint allegations brought by a tenant against his landlord but reversed an award of $54,378.56 in sanctions that had been levied against the tenant for litigation costs in a consolidated appeal of six individual lawsuits (Nathaniel E. Chapman v. Zaki Jamil Alawi, et al., Nos. 331750, 334164 and 334948, Michigan Rental, et al. v. Nathaniel E. Chapman, No. 332711, Nathaniel E. Chapman v. Zaki Jamil Alawi, No. 333259 and Michigan Rental, et al. v. Nathaniel E. Chapman, No. 334165, Mich. App.; 2018 Mich. App. LEXIS 141). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Maryland Appeals Court Finds Evidence Showed Lead Paint Caused Injury

Thu, 08 Feb 2018 02:35:10 +0100

ANNAPOLIS, Md. - A trial court judge did not err when denying a landlord's motion for judgment notwithstanding the verdict (JNOV) after finding that a man provided sufficient evidence to show that the presence of lead paint in a home his mother rented when he was a child significantly contributed to his injuries, a Maryland Special Court of Appeals ruled Jan. 30 (Benjamin L. Kirson v. Devon Johnson, No. 1861 September Term, 2016, Md. Spec. App., 2018 Md. App. LEXIS 79). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Judge: Settlement Cannot Be Enforced Until City Resolves Insurance Dispute

Thu, 08 Feb 2018 02:35:10 +0100

FRESNO, Calif. - A federal judge in California on Feb. 2 denied a landowner's motion to enforce a settlement agreement with a city accused of contributing to perchloroethylene (PCE) contamination, finding that the city must first resolve a dispute with its insurance carriers to obtain coverage (Gary Coppola, et al. v. Gregory Smith, et al., No. 11-CV-1257 AWI BAM, E.D. Calif., 2018 U.S. Dist. LEXIS 17769). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Toxicologist's Opinions On Contaminated Site Upheld By Kentucky Federal Judge

Thu, 08 Feb 2018 02:35:10 +0100

LEXINGTON, Ky. - Even though a toxicology expert's opinion on what level of pollutants causes health problems is contrary to federal and Kentucky law, it is still reliable enough to help a jury determine common-law liability, a Kentucky federal judge held Jan. 25 in declining to exclude the expert's testimony (Modern Holdings, LLC, et al. v. Corning, Inc., et al., No. 5:13-cv-00405, E.D. Ky., 2018 U.S. Dist. LEXIS 11891). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Panel Affirms Damages For Louisiana Residents Exposed To Multiple Toxic Chemicals

Thu, 08 Feb 2018 02:35:10 +0100

LAKE CHARLES, La. - A Louisiana appellate panel on Jan. 10 affirmed a lower court's decision that a group of plaintiffs were entitled to a combined total of $225,500 in damages from CITGO Petroleum Corp. and others for exposure to multiple toxic chemicals that were released during a flash flood in 2006 (Emma Bradford, et al. v. CITGO Petroleum Corp., et al., No. 17-296, La. App., 3rd Cir.; 2018 La. App. LEXIS 71). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Judge: Tainted Groundwater Case Not Precluded By Fracking Services Contract

Thu, 08 Feb 2018 02:35:10 +0100

PITTSBURGH - A federal judge in Pennsylvania on Feb. 1 denied a well services company's motion to dismiss a breach of contract lawsuit against it related to groundwater contamination that the company allegedly caused by failing to perform services properly on a hydraulic fracturing well site (EQT Production Company v. Terra Services LLC, No. 14-01053, W.D. Pa.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Judge: Groundwater Lawsuit Filed Prematurely; California Regulation Not In Effect

Thu, 08 Feb 2018 02:35:10 +0100

WASHINGTON, D.C. - A judge in the U.S. Court of Federal Claims on Jan. 31 dismissed an inverse condemnation lawsuit against the federal government concerning drinking water that was contaminated with hexavalent chromium from McClellan Air Force Base on grounds that the case was filed prematurely (Rio Linda Elverta Community Water District v. United States of America, No. 17-859 C, Fed. Clms.; 2018 U.S. Claims LEXIS 47). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Restaurants Seek Inclusion In $151M West Virginia Water Settlement Class

Thu, 08 Feb 2018 02:35:10 +0100

CHARLESTON, W.Va. - Two restaurants affected by drinking water contamination litigation in West Virginia filed a brief in West Virginia federal court on Jan. 25, arguing that the West Virginia Hospitality and Travel Association (WVHTA) made no effort to determine if the restaurants were properly represented by counsel in decision to opt out of a $151 million class settlement, and now they want to be included (Crystal Good, et al. v. American Water Works Co. Inc., No. 14-1374, S.D. W.Va.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Water District's Suit Over Hexavalent Chromium Levels Untimely, Judge Says

Thu, 08 Feb 2018 02:35:10 +0100

WASHINGTON, D.C. - A U.S. Court of Federal Claims judge on Jan. 31 dismissed the Sacramento Suburban Water District's inverse condemnation suit against the federal government over levels of hexavalent chromium in drinking water caused by the operation of the McClellan Air Force Base, finding that the suit was premature (Sacramento Suburban Water District v. United States of America, No. 17-860 C, Fed. Clms., 2018 U.S. Claims 44). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Camp Lejeune MDL Judge Warns Attorney About 'Borderline Frivolous' Motion

Thu, 08 Feb 2018 02:35:10 +0100

ATLANTA - A federal judge in Georgia presiding over consolidated suits concerning contaminated drinking water at two military bases in North Carolina on Jan. 29 denied a second motion to reconsider filed by a plaintiff seeking review of a ruling and warned the attorney about the filing of "borderline frivolous" motions (In re: Camp Lejeune, North Carolina Water Contamination Litigation, MDL 1845, Case No. 11-md-2218-TWT, N.D. Ga., 2018 U.S. Dist. LEXIS 14462). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Glass Manufacturer Seeking Permits To Remediate Groundwater Contamination

Thu, 08 Feb 2018 02:35:10 +0100

PITTSBURGH - Glass manufacturer PPG Industries Inc. on Jan. 22 filed a status report in a Pennsylvania federal court regarding its ongoing permitting activities pertaining to remedies for areas that the Pennsylvania Department of Environmental Protection (DEP) has determined are contaminated by PPG's manufacturing activities (PennEnvironment, et al. v. PPG Industries Inc., et al. v. AS America Inc., et al., No. 12-342, W.D. Pa.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



California Methane Rule Case Should Not Be Moved To Different Venue, Groups Say

Thu, 08 Feb 2018 02:35:10 +0100

SAN FRANCISCO - Environmental advocacy groups on Jan. 23 filed a brief in California federal court arguing that Secretary of the Interior Ryan Zinke's decision to amend the Methane Waste Prevention Rule, which pertains to methane contamination by hydraulic fracturing companies, is "the second illegal step" in his "three step plan to ensure that oil and gas companies never have to comply with the duly promulgated" rule (Sierra Club, et al. v. Ryan Zinke, et al., No. 17-7187, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Monsanto Lacks Standing To Assert Counterclaims Over PCB Contamination, Judge Says

Thu, 08 Feb 2018 02:35:10 +0100

SAN DIEGO - Monsanto Co. and its subsidiaries lack standing to assert counterclaims for response costs, defense costs and contingent liability, a federal judge in California ruled Jan. 30, finding that costs incurred in defending a lawsuit over polychlorinated biphenyl (PCB) contamination do not constitute an injury-in-fact (San Diego Unified Port District v. Monsanto Company, et al., No. 15cv578, S.D. Calif., 2018 U.S. Dist. LEXIS 14996). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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NRDC Sues EPA Over Directive Barring Some Scientists From Advisory Committees

Thu, 08 Feb 2018 02:35:10 +0100

NEW YORK - The Natural Resources Defense Council (NRDC) on Jan. 24 sued EPA Administrator Scott Pruitt in a New York federal court, alleging that he violated federal law when he issued a directive barring qualified scientists from serving on the agency's advisory committees that provide recommendation on safe drinking water and other environmental issues (Natural Resources Defense Council Inc. v. Scott Pruitt, No. 18-613, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Chicago Sues U.S. Steel For Discharging Toxic Chemicals Into Lake Michigan

Thu, 08 Feb 2018 02:35:10 +0100

HAMMOND, Ind. - The city of Chicago on Jan. 24 sued U.S. Steel Corp. in an Indiana federal court, contending that it is liable for "multiple excessive discharges of toxic chemicals" into Lake Michigan, which is the source of drinking water for more than 5 million people and arguing that U.S. Steel has committed "repeated and significant" violations of its permits under the Clean Water Act (CWA), 33 U.S.C. 1251-1387 (City of Chicago v. United States Steel Corporation, No. 18-33, N.D. Ind.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



City Of Flint, Mayor Argue Whistleblower's Water Crisis Appeal Is 'Without Merit'

Thu, 08 Feb 2018 02:35:10 +0100

CINCINNATI - The city of Flint, Mich., and its mayor on Jan. 17 filed a brief in the Sixth Circuit U.S. Court of Appeals arguing that the appeal of a woman who was formerly the city administrator and then became a whistleblower after the lead-contaminated water crisis in the city is "without merit" and that oral argument is "unnecessary" (Natasha Henderson v. City of Flint, Mich., No. 17-2031, 6th Cir.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Split Michigan Appeals Court: Genuine Issues Of Fact Remain In Flint Water Case

Thu, 08 Feb 2018 02:35:10 +0100

LANSING, Mich. - A divided panel of the Michigan Court of Appeals on Jan. 25 ruled that a lower court did not err when it determined that genuine issues of material fact exist in a lawsuit brought by residents who sued the state and local defendants alleging liability for lead contamination related to the Flint water crisis (Melissa Mays, et al. v. Governor Rick Snyder, et al., No. 335555, Melissa Mays, et al. v. Governor Rick Snyder, et al., No. 335725, Melissa Mays, et al. v. Governor Rick Snyder, et al., No. 335726, Mich. App., 2018 Mich. App. LEXIS 201). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Residents: Supreme Court Should Not Hear Appeal Of Flint Water Crisis Ruling

Thu, 08 Feb 2018 02:35:10 +0100

WASHINGTON, D.C. - A group of Michigan residents on Feb. 5 filed a consolidated brief in the U.S. Supreme Court arguing that three separate petitions for writ of certiorari filed by various Michigan entities should be denied because a federal appellate panel "faithfully applied this Court's precedents" when it ruled that the residents' claims related to the lead-contaminated drinking water crisis in Flint, Mich., are not preempted by the Safe Drinking Water Act (SDWA) (Daniel Wyant, et al. v. Melissa Mays, et al., No. 17-901, Jeff Wright, et al. v. Melissa Mays, et al., No. 17-666, and City of Flint, et al. v. Beatrice Boler, et al., No. 17-989, U.S. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Slovakian lawyer born with 'half a face' can finally chew

Wed, 07 Feb 2018 10:37:20 +0100

Ivanka Danisov á, 30, from Bratislava, was born with Goldenhar syndrome, which caused underdeveloped cranial bones on the right side of her face - and doctors feared it would kill her. (Source: the Mail online | Health)



Spinoffs: Lawyer Becomes Nature Photographer

Wed, 07 Feb 2018 01:44:05 +0100

Lawyer Turned Photographer. 'Spinoffs' Season 2: A video series from AARP Studios. Richard Turner sold his first photo in 2000. Since then, he's sold 54,000 greeting cards that feature the shots he's taken. “I make people happy. I used to piss people off,” he says. (Source: AARP.org News)



People with disabilities have a right to live in the community, not institutions, argues lawyer

Tue, 06 Feb 2018 19:29:45 +0100

A human rights case that starts this week argues forcing people with disabilities to live in institutions — and denying them homes within the community — is a violation of charter rights. (Source: CBC | Health)



Cities, counties ask Big Pharma to limit opioids production

Tue, 06 Feb 2018 05:10:51 +0100

Lawyers for local governments proposed ultra-high-dosage opioids be permanently taken off the market, CBS News has learned (Source: Health News: CBSNews.com)



February 5, 2018: Pennsylvania Firearms Dealer Sentenced To 100 Months Imprisonment

Mon, 05 Feb 2018 21:59:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)

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February 5, 2018: Three Florida Residents Sentenced for Operating an Illegal Steroid and Counterfeit Prescription Drug Lab

Mon, 05 Feb 2018 17:49:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)



Patients to Address Court in Doctor's Opioid Kickback Scheme

Mon, 05 Feb 2018 16:34:00 +0100

PROVIDENCE, R.I. (AP) — Victims of a scheme in which a doctor prescribed them a highly addictive opioid spray in exchange for kickbacks are expected to tell a federal judge how their lives were affected, including stories of overdoses, monthslong withdrawals, weight loss and broken bones from falling while on the powerful drug. Jerrold Rosenberg told one patient, "Stop crying, you're acting like a child," when she complained of severe side effects, which included losing 40 pounds and repeated vomiting for years, according to an excerpt of grand jury testimony filed by prosecutors in the case. Thursday's hearing before U.S. District Judge Jack McConnell is scheduled to help him determine the severity of Rosenberg's crimes, including the number of victims. Rosenberg pleaded guilt...



Philippine lawyers sue Sanofi over dengue vaccine

Mon, 05 Feb 2018 12:19:27 +0100

MANILA (Reuters) - A Philippine government agency on Monday filed a lawsuit against French drugmaker Sanofi demanding compensation for the parents of a 10-year-old girl the agency said had died as a result of receiving its controversial anti-dengue vaccine. (Source: Reuters: Health)



Phoenix lawyer, frustrated with his own pain, invents self-massager to help with hand, arm pain from overuse

Wed, 31 Jan 2018 20:37:27 +0100

When Craig Olschansky, a Phoenix-based lawyer and business owner began to have severe nerve problems and pain in his hand from a back injury, he was left with what he felt were two bad options: extensive surgery or medication. “I needed to be able to function like a human,” Olschansky said. To him, medication and surgery weren't going to cut it. He began to experiment with relief products and squeeze balls, and gained some promising pain relief but still faced limitations. He found it impossible… (Source: bizjournals.com Health Care:Biotechnology headlines)

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January 31, 2018: New England Compounding Center Pharmacist Sentenced for Role in Nationwide Fungal Meningitis Outbreak

Wed, 31 Jan 2018 19:40:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)



Top Indian lawyers to argue Ranbaxy-Daiichi appeal in Singapore

Tue, 30 Jan 2018 07:20:08 +0100

While Ranbaxy has taken on senior advocate Harish Salve to argue the case, Daiichi has assigned on an equal stature advocate Gopal Subramanium for its team. (Source: The Economic Times Healthcare and Biotech News)



Lawyers who target the NHS banned from advertising or setting up shop in hospitals

Tue, 30 Jan 2018 00:00:00 +0100

NHS hospitals will no longer provide office or advertising space for law firms or claims management companies who encourage patients or their families to take the NHS to court. (Source: NHS Networks)



Cancer patient threatens to sue spa for denying manicure

Mon, 29 Jan 2018 23:45:38 +0100

Employment lawyer Jo Mackie, 50, is taking legal action against Center Parcs after being refused a manicure and massage because she had had breast cancer. (Source: the Mail online | Health)

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South Africa:Life Esidimeni - Mahlangu Has Not Brought Closure to Affected Families, Says Lawyer

Fri, 26 Jan 2018 08:25:47 +0100

[News24Wire] In the three days that former Gauteng health MEC Qedani Mahlangu has testified, she has not brought closure to the families of 143 mentally ill patients who died after they were moved from Life Esidimeni facilities to various NGOs, a lawyer said on Thursday. (Source: AllAfrica News: Health and Medicine)



November 25, 2018: Nevada Man Indicted for Distribution of Anabolic Steroids and Drug Misbranding

Thu, 25 Jan 2018 17:08:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)



Parties Debate Class Action Status At Delaware High Court In Chemical Injury Case

Tue, 23 Jan 2018 22:20:11 +0100

DOVER, Del. - Attorneys for two chemical companies and those representing a class of plaintiffs on Jan. 17 debated before the Delaware Supreme Court the question of whether a long-standing class action related to alleged injuries from chemical exposure on banana plantations was still active (Luis Antonio Aguilar Marquinez, et al., v. Dow Chemical Co., et al., No. 231, 2017, Del. Sup.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Company: Chemical Injury Claims Barred By Statute Of Limitations

Tue, 23 Jan 2018 22:20:11 +0100

NEW YORK - A chemical company filed a brief in New York federal court on Jan. 16 arguing that the district court should reconsider its ruling that determined that personal injury claims related to chemical exposure allegedly suffered on banana plantations were not barred by the statute of limitations (Tobias Bermudez Chavez, et al. v. Occidental Chemical Corporation, No. 17-3459, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Fracking Groups: BLM Decision To Suspend Methane Rule Valid

Tue, 23 Jan 2018 22:20:11 +0100

SAN FRANCISCO - Hydraulic fracturing trade groups filed a brief in California federal court on Jan. 16 arguing that decision by the U.S. Bureau of Land Management (BLM) to amend the compliance deadlines for what is known as the methane waste prevention rule was valid. The groups oppose the motion for preliminary injunction sought by environmental advocacy groups on grounds that it is "an extraordinary remedy" (Sierra Club, et al. v. Ryan Zinke, et al., No. 17-7187, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Monsanto: Roundup Claims Fail For Lack Of Evidence About Glyphosate's Toxicity

Tue, 23 Jan 2018 22:20:11 +0100

SAN FRANCISCO - Monsanto Co. filed an answer in the multidistrict litigation for Roundup in California federal court on Jan. 16 denying that exposure to the herbicide "did or could have caused" non-Hodgkin lymphoma (NHL) as alleged by a specific plaintiff (In Re: Roundup Products Liability Litigation [Kevin McNew v. Monsanto Co.], MDL No. 2741, No. 17-6858, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Tennessee Couple: Monsanto Knew Glyphosate Could Cause Cancer; Damages Sought

Tue, 23 Jan 2018 22:20:11 +0100

KNOXVILLE, Tenn. - A couple on Dec. 11 filed a complaint in Tennessee federal court seeking damages against Monsanto Co., alleging that it knew that the chemical glyphosate, which is the active ingredient in the herbicide Roundup, could pose "significant risks to human health, including a risk of cancer" yet misrepresented it as safe (Warren Ahrent, et al. v. Monsanto Company, No. 18-65, E.D. Tenn.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Glyphosate Warning Under Prop 65 Not 'False,' California Agencies Argue

Tue, 23 Jan 2018 22:20:11 +0100

SACRAMENTO, Calif. - The California attorney general and another state official filed an answer in California federal court on Jan. 9 denying the claim that a warning for products that contain glyphosate under the state measure known as Proposition 65 is "false, misleading and highly controversial" (National Association of Wheat Growers, et al. v. Lauren Zeise, et al., No. 17-2401, E.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Lead-Poisoning Plaintiffs Fail To Assert Claims Sufficiently, Judge Rules

Tue, 23 Jan 2018 22:20:11 +0100

TRENTON, N.J. - A federal judge in New Jersey on Jan. 8 dismissed a lead-poisoning lawsuit against the School District of Newark, N.J., and Gov. Chris Christie related to contaminated drinking water in schools, contending that the plaintiffs failed to allege the personal involvement of any specific defendants in a manner sufficient to survive a motion to dismiss (Veronica Branch, et al v. Chris Christie, et al., No. 16-2467, D. N.J.; 2018 U.S. Dist. LEXIS 3381). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Special Master Fees In Lago Agrio Case Pose 'Ethical Problems,' Attorney Says

Tue, 23 Jan 2018 22:20:11 +0100

NEW YORK - The attorney representing a group of Ecuadorian residents who won an $18.5 billion judgment against Chevron Corp. for injuries, only to have it reversed, on Jan. 16 filed a letter with the presiding judge in the U.S. District Court for the Southern District of New York, arguing that the special masters in the case "have chosen to utterly ignore" the issues the attorney raised concerning fees. Moreover, he contends that there are "ethical problems" with the billing process the special masters used (Chevron Corporation v. Donziger, et al., Case No. 11 Civ. 691, S.D. N.Y.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)

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Residents: Company Should Be Compelled To Produce Expert's Documents In Water Case

Tue, 23 Jan 2018 22:20:11 +0100

GREENVILLE, Miss. - Mississippi residents who sued a company alleging that it is liable for groundwater contamination filed a brief in Mississippi federal court on Jan. 16 seeking to compel the production of documents related to expert testimony (Joe E. Sledge, et al. v. Meritor Inc., et al., No. 16-CV-053, N.D. Miss.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



EPA Seeks Protective Order To Limit Review In Case Over 'Fluoridation Chemicals'

Tue, 23 Jan 2018 22:20:11 +0100

SAN FRANCISCO - The Environmental Protection Agency on Jan. 15 filed a brief in California federal court seeking a protective order limiting review to the administrative record in a lawsuit brought by environmental advocacy groups that seeks to compel the agency to initiate a rule-making procedure to ban the introduction of "fluoridation chemicals" into drinking water on grounds that they cause brain damage (Food& Water Watch Inc., et al. v. United States Environmental Protection Agency, et al., No. 17-2162, N.D. Calif.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



Guardian Ad Litem: $151M Water Contamination Agreement 'Fair And Adequate'

Tue, 23 Jan 2018 22:20:11 +0100

CHARLESTON, W.Va. - The guardian ad litem in a class action lawsuit brought by West Virginia residents against a supplier of drinking water on Jan. 19 issued a report in which he said the $151 million settlement in the case is "fair and adequate" (Crystal Good, et al. v. American Water Works Co. Inc., No. 14-1374, S.D. W.Va.). (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



California Ballot Initiative Would Raise $2B To Address Lead, Other Hazards

Tue, 23 Jan 2018 22:20:11 +0100

SACRAMENTO, Calif. - Proponents are seeking to have a referendum put on the November ballot in California that would authorize $2 billion in bonds to fund a competitive grant program for the remediation of structural and environmental hazards such as lead-paint poisoning in homes, schools and other facilities on grounds that if the remediation is ignored, it "could impact schools and cost the State of California thousands of available housing units for low and middle income families." (Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News)



January 23, 2018: Two Indian Citizens and India-based Corporation Plead Guilty to Conspiring to Smuggle Counterfeit Cigarettes

Tue, 23 Jan 2018 21:41:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)

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Usual Suspects: Lawyers Used To Getting Their Way In MDL Process To Lead Opioid Litigation

Tue, 23 Jan 2018 15:03:00 +0100

The prospect of the biggest payday since the $200 billion tobacco settlement in 1998 has drawn many of the same plaintiff lawyers who appear again and again in big tort cases over everything from VW diesels to Vioxx to the BP Deepwater Horizon disaster. (Source: Forbes.com Healthcare News)



5 in US, 2 in Italy Charged with Running Opioid "Mills"

Fri, 19 Jan 2018 16:30:00 +0100

KNOXVILLE, Tenn. (AP) — Two people in Italy and five U.S. residents have been charged in a fraud and drug trafficking conspiracy to distribute opioids in Florida and Tennessee, leading to hundreds of deaths, federal prosecutors said Friday. The indictments were unsealed by federal officials Friday in Knoxville but handed down earlier. They allege the defendants were involved in a widespread scheme to operate "pill mills" in the U.S. Prosecutors say defendants ran the Urgent Care & Surgery Center Enterprise, which distributed enough oxycodone, oxymorphone and morphine to generate clinic revenue of at least $21 million. About 700 center patients are dead, prosecutors said. A Justice Department news release says a "significant percentage of those deaths, directly or indir...



Gene edited crops should be exempted from GM food laws, says EU lawyer

Thu, 18 Jan 2018 16:05:33 +0100

Technology can help foster specific positive traits in plants but can also have potentially dangerous ‘off-target’ effects, say criticsGene editing technologies should be largely exempted from EU laws on GM food, although individual states can regulate them if they choose, the European court ’s advocate generalhas said.The opinion may have far-reaching consequences for new breeding techniques that can remove specific parts of a plant ’s genetic code and foster herbicide-resistant traits.Continue reading... (Source: Guardian Unlimited Science)



Ex-baseball pro DeCinces testifies in insider trading trial

Thu, 18 Jan 2018 15:44:58 +0100

Former professional baseball player Doug DeCinces reportedly testified this week in the second trial of friend and neighbor James Mazzo, the former Advanced Medical Optics CEO accused of insider trading ahead of Abbott‘s (NYSE:ABT) $2.8 billion AMO acquisition in 2009. Federal prosecutors in 2014 accused Mazzo of tipping former Orioles and Angels player DeCinces about the upcoming merger (Abbott sold the business to Johnson & Johnson (NYSE:JNJ) for $4.33 billion last year). DeCinces allegedly passed that information on to former teammate Eddie Murray, who later agreed to settle his case for $358,000 but admitted no wrongdoing; DeCinces agreed in 2011 to pony up $2.5 million (but admitted no guilt) to settle similar charges leveled by the SEC and was found guilty of insid...

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January 12, 2018: Owner of Seafood Company Charged in Atlantic Blue Crab Scam

Wed, 17 Jan 2018 15:40:00 +0100

(Source: Office of Criminal Investigations (OCI) Press Releases)



Change For Disability Plans' Claims Procedures To Be Effective April 1

Fri, 12 Jan 2018 20:23:10 +0100

WASHINGTON, D.C. - The U.S. Department of Labor (DOL) on Jan. 5 announced that a final rule amending the claims procedure requirements for employee disability benefit plans governed by the Employee Retirement Income Security Act will go into effect on April 1. (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)



Washington Federal Judge Grants Disability Claimant's Motion For Attorney Fees

Fri, 12 Jan 2018 20:23:10 +0100

TACOMA, Wash. - A Washington federal judge on Dec. 21 granted a disability claimant's motion for attorney fees after determining that the claimant was successful on the merits of his claim (Anthony Flaaen v. Principal Life Insurance Co. Inc., No. 15-5899, W.D. Wash., 2017 U.S. Dist. LEXIS 210284). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)