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Lawyers and Settlements - Emerging Legal News

Articles on Emerging Legal News from

Published: Thu, 21 Sep 2017 01:30:48 -0700

Last Build Date: Wed, 11 Jan 2006 06:24:52 GMT

Copyright: Copyright 2001-2017 Online Legal Media

Apple Inc. Ordered to Pay $2 Million to Settle Lawsuit over Pay, Meal and Rest Periods

Wed, 20 Sep 2017 15:00:00 -0700

San Diego, CA: A lawsuit that appeared to fly under the radar last year in spite of involving what is considered one of the largest corporations in the world, resulted in an order for Apple Inc. to pay $2 million to class participants in a class action lawsuit alleging missed meal breaks, rest periods and failure to pay employees in a timely manner. Meal breaks and rest periods are mandated by California law as a means to ensure employees are well rested and nourished, and not overcome by working too many hours at a time without pause for food and rest, potentially leading to an unsafe situation. The California Division of Occupational Safety and Health is one such branch of the California legislative authority mandating employers, small and large, to look out for the safety of their employees

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Law Firms Watching Actemra Story

Wed, 20 Sep 2017 14:30:00 -0700

Denver, CO: Law firms across the US are taking a serious interest in a recent investigative piece of journalism by STAT news published on June 5, 2017 which revealed, “The Food and Drug Administration has received reports on 1,128 people who died after taking Actemra, and has reviewed its safety several times since it was approved. But the agency doesn’t have sophisticated tools to determine whether the drug was a culprit or a bystander in those deaths.” Amo

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SEC Fraud Whistleblower Lawsuits Fly under the Radar

Wed, 20 Sep 2017 13:30:00 -0700

Washington, DC:. Insiders with information about securities fraud should know three important things before filing an SEC fraud whistleblower lawsuit: 

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Talcum Powder Trials: Sympathy versus Science?

Tue, 19 Sep 2017 17:30:00 -0700

Los Angeles, CA: Despite lack of consensus in the scientific community directly associating talcum powder with the risk of ovarian cancer, jurors have sided with plaintiffs rather than Johnson & Johnson in four out of six talcum powder lawsuits that have gone to trial

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Olympus Tagged with Partial Liability in Endoscope Lawsuit

Tue, 19 Sep 2017 11:00:00 -0700

Seattle, WA: One of the world’s leading manufacturers of endoscopes, and a target of a wrongful death trial in an endoscope lawsuit, escaped liability for a patient’s fatal infection but was nonetheless compelled to pay almost $6.6 million to the hospital involved for failing to adequately instruct hospital staff. O

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Infusion Pumps, Medtronic SynchroMed among Them, Remain Under Scrutiny

Mon, 18 Sep 2017 19:00:00 -0700

Washington, DC: The honeymoon the then-fresh Obama Administration was still largely enjoying in 2010 was nonetheless tainted two years into Barack Obama’s Presidency with revelations that hundreds of Americans supposedly had died due to malfunctioning infusion pumps. The Medtronic SynchroMed insulin pump was among the plethora of infusion pumps that were coming under increased scrutiny by the US Food and Drug Administration (FDA) at the time.

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Children Infected by Stockert 3T Surgical Device at New Orleans Children’s Hospital

Mon, 18 Sep 2017 14:30:00 -0700

New Orleans, LA:. Officials at Children’s Hospital in New Orleans have acknowledged that a dozen children were infected with mycobacterium abscessus following heart surgery during June and July of this year. Hospital officials fear that more cases may still appear. The source of the infections appears to be a contaminated Stockert 3-T heater-cooler device, and parents are reportedly considering heart surgery infection lawsuits.

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Sexual Dysfunction was Always There, but the Conversation Changed with Propecia

Mon, 18 Sep 2017 08:15:00 -0700

Washington, DC: When finasteride (Proscar) was first approved by the US Food and Drug Administration (FDA) as a treatment for benign prostatic hyperplasia (enlarged prostate) in 1992, researchers found higher incidents of sexual dysfunction in study participants taking finasteride when compared against a control group taking a placebo. Two dosages were studied: 5mg, and 1mg. The study, as reported that year in the New England Journal of Medicine, found a higher incidence of impotence, ejaculatory disorders and decreased libido in both treatment groups

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Risperdal Judge Explains Reasons for Denying Janssen a New Trial

Sun, 17 Sep 2017 15:00:00 -0700

Philadelphia, PA: As the manufacturer of Risperdal (risperidone) continues their attempts to have a recent plaintiff verdict overturned, the Pennsylvania state judge assigned to the case explained last month why he denied a request by Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. for a new trial in the Risperdal side effects lawsuit

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Benicar Settlement Will Have No Material Financial Impact to Daiichi Sankyo

Sun, 17 Sep 2017 14:00:00 -0700

New York, NY: It appears as if the recent announcement that Benicar manufacturer Daiichi Sankyo will make available $300 million to settle claims over Benicar side effects will not prove to be a hardship for the Japanese drug maker. The Reuters news agency (08/01/17) reported last month that according to a statement from Daiichi Sankyo, the settlement is expected to be funded by a collective of insurance companies underwriting Daiichi’s liabilities. As such, Daiichi Sankyo said the settlement would not have a material impact on its financial position.

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Hurricane Flooding Ups Risk of Airbag Injuries

Sat, 16 Sep 2017 17:30:00 -0700

Washington, DC Cars that had been flooded may hide fatal flaws, including damage to electrical and electronic systems that cause airbags either to fail to deploy when needed or to go off unexpectedly, resulting in serious airbag injuries. Airbag lawsuits have arisen in many different situations. This may be just the latest twist in the plot

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$2.5 Million California Overtime Settlement Granted Preliminary Approval

Sat, 16 Sep 2017 17:00:00 -0700

Los Angeles, CA: An overtime pay class action launched against an insurance claims administrator achieved preliminary approval earlier this month, when a non-revisionary cash settlement worth $2.5 million was given the nod by Los Angeles Superior Court Judge Carolyn B. Kuhl. The unpaid overtime lawsuit alleged that various policies observed by the defendant forced claims adjusters into situations where they had to work off the clock, foregoing overtime pay, meal and rest breaks

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Rite Aid Appeals $8.7 Million Award in Discrimination and Harassment Lawsuit

Fri, 15 Sep 2017 09:30:00 -0700

Los Angeles, CA: A defendant continuing to fight a damages award totaling $8.7 million in a California wrongful termination and harassment case appeared before a California appellate panel last month asking the Court to discard the award based on their claim that the trial judge prejudicially excluded evidence demonstrating legitimate, nondiscriminatory grounds for terminating the plaintiff from his job

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Surgical Mesh Manufacturer to Appeal Revival of Mesh Lawsuit

Thu, 14 Sep 2017 19:00:00 -0700

Philadelphia, PA: A surgical mesh lawsuit plaintiff whose case fell to a defense verdict at trial, may nonetheless come away with something after the trial judge granted the plaintiff’s petition for damages. The manufacturer of the pelvic mesh involved, Ethicon Inc. (Ethicon), has appealed the judge’s ruling that the matter can progress to a damage hearing. In so doing, Kimberly Adkins’ case has been revived, at least for now. The

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Georgia Medical Malpractice Lawsuit Lost on Appeal

Wed, 13 Sep 2017 17:00:00 -0700

Atlanta, GA: A Georgia mother who accused her nurse midwife of negligence which allegedly led to injuries suffered by the plaintiff’s child will not have her Georgia medical malpractice lawsuit revived unless she is prepared to take the matter to a higher court.

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Irish TVM Manufacturer Announces Settlement Pool worth $775 Million

Wed, 13 Sep 2017 16:30:00 -0700

Dublin, IRELAND: A decision last month by a Dublin-based manufacturer of transvaginal mesh to wind up all known US claims associated with transvaginal mesh complications flew under the radar, but is nonetheless worth three-quarters of a billion dollars

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Revisiting Study Finding Higher Perforation Rates for Cook Celect IVC Filter

Tue, 12 Sep 2017 18:30:00 -0700

Denver, CO: We’re just beyond the second anniversary of the release, and publication of a study in August, 2015 that placed a particular focus on IVC filters manufactured by Cook Medical, and their Cook Celect IVC filter line. It should be noted that inferior vena cava filters made by other manufacturers have been similarly problematic and have suffered failures not unlike those of Cook Celect filters.

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Did Sanofi-Aventis Have a Duty to Warn Patients about Permanent Hair Loss?

Tue, 12 Sep 2017 18:00:00 -0700

Santa Clara, CA: As the litigation shakes out, that question is at the heart of Taxotere hair loss suits now pending in federal courts in Louisiana and other jurisdictions. But whether Sanofi-Aventis had a duty to warn patients is more complicated than it might appear. It requires courts to define what responsibility pharmaceutical companies have to the patients who look to them for a cure

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FDA Clears Bair Hugger for Post-Surgical Use

Tue, 12 Sep 2017 12:45:00 -0700

Washington, DC: 3M’s , Bair Hugger, the subject of some 2600 defective products lawsuits across the US, has received clearance for use from the US Food and Drug Administration (FDA). According to a spokesperson for the FDA, the agency has no conclusive evidence to establish an association between use of a forced air thermal regulating systems and an increased risk of surgical-site infections.

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Risperdal Plaintiff Green Lighted to Pursue Risperdal Lawsuit in New York

Mon, 11 Sep 2017 19:00:00 -0700

New York, NY: The plaintiff in a Risperdal lawsuit who faced a petition for summary judgement on the part of the manufacturer, won the right to pursue the majority of his claims following a ruling by a New York judge that testimony by an expert witness is admissible, and may stand

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Faulty St. Jude Riata Defibrillator Leads Eyed for Link to Heart Infections

Mon, 11 Sep 2017 18:00:00 -0700

Washington, DC: Premature Insulation Failure in recalled St. Jude Medical Riata Defibrillator (ICD) Leads has been tentatively linked to polymicrobial endocarditis, a serious, often deadly condition that causes inflammation of the heart lining, muscles and valves. The decayed insulation on the electrical leads that connect the pacemaker to a patient’s heart may be a fertile breeding ground for bacteria and fungi that can attack a patient’s heart. P

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In the Wake of Natural Disasters, Employers Urged to Have Empathy

Mon, 11 Sep 2017 17:00:00 -0700

Sacramento, CA: The devastation to Texas, and in particular Houston in the wake of Hurricane Harvey together with the death and destruction wrought by Hurricane Irma serves as a reminder to all employers that hardship which follows such a disaster can trigger a request for leave under the Family and Medical Leave Act (FMLA). And while California is not generally exposed to the ferocity of hurricanes, other disasters such as droughts and wildfires can lead to crises and hardship equally horrific

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Plaintiff in Overtime Pay Dispute with Nike Sticks to Her Guns

Mon, 11 Sep 2017 08:00:00 -0700

Los Angeles, CA: The lead plaintive in a representative Private Attorney General Act (PAGA) claim against Nike is having none of the defendant’s argument that individualized misclassification inquiries would be unmanageable. Plaintiff Payal Patel maintains in her overtime pay complaint that the burden of proof associated with breaking out the specific details of other assistant managers resides with Nike, and if the retailer failed to keep diligent records, that’s not her problem. P

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Tristar Pressure Cooker Company and Texas Couple Reach Settlement

Sun, 10 Sep 2017 15:15:00 -0700

Brownsville, Texas According to documents filed on August 8, 2017 (case 1:115-cu-00) filed in a Brownsville, Texas court Tristar Products Inc. and Ninfa Vasquez and Jose Vasquez have “reached a settlement of all the issues pending in this lawsuit”. No details were made public. A

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Coming Unglued – DePuy Synthes Attune Buckles at the Knees

Sat, 09 Sep 2017 17:30:00 -0700

West Chester, PA: Evidence continues to mount that the DePuy Synthes Attune knee replacement device may be a defective product that can harm patients. There are many reasons for hip and knee implant failure, but a major culprit in the malfunction of Attune knees appears to be something rather technically referred to as “tibial baseplate failure,” or “debonding.” In everyday terms that means the artificial knee comes unglued from a patient’s lower leg. This is

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