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Lawyers and Settlements - Emerging Legal News

Articles on Emerging Legal News from

Published: Fri, 19 Jan 2018 09:59:24 -0800

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

Copyright: Copyright 2001-2018 Online Legal Media

Ethicon Physiomesh Plaintiff Starts New Year with Hernia Mesh Lawsuit

Thu, 18 Jan 2018 11:30:00 -0800

Atlanta, GA: It’s one thing for a medical device to result in unwanted side effects and adverse events. However, that frustration is further exacerbated when the medical device thought to be at the root of newfound pain and suffering, has failed to do its intended job in the first place. Thus, the original implantation was all for naught. That’s the claim made by a recent surgical mesh lawsuit involving the now-recalled Ethicon Physiomesh filed last week in Idaho. T

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The First Bard IVC Filter Jury Trial and Expert Witness Testimony

Wed, 17 Jan 2018 15:30:00 -0800

Phoenix, AZ: The first Bard IVC Filters bellwether case begins on March 14 in Phoenix before U.S. District Court Judge David Campbell. The three-week jury trial--Sherr-Una Booker v. C. R. Bard Incorporated and Bard Peripheral Vascular Incorporated (2:16-cv-00474)-- involves tilt, migration, fracture and perforation with serious injuries. The Plaintiffs claim that due to manufacturing and design defects, Bard filters are more dangerous than other IVC filters, and that Bard failed to warn about the higher risks

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Jungle Trux Drivers the Latest to Challenge Unpaid Meal and Rest Breaks

Tue, 16 Jan 2018 12:00:00 -0800

Seattle, WA: Amazon and Jungle Trux, based in King County, WA, have started the new year facing an unpaid overtime and employment class action lawsuit. The lawsuit was filed by two package delivery drivers who allege Jungle Trux and Amazon failed to pay them overtime, undercounted their hours, and failed to provide them with required breaks

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Landscaper Employee Files Proposed California Unpaid Wages Class Action

Tue, 16 Jan 2018 08:30:00 -0800

Palm Valley, CA: A California unpaid wages lawsuit has been launched against a landscaper responsible for maintaining the grounds at Palm Valley Country Club in Palm Desert. The allegations include wage infractions, off-the-clock work and improper wage statements

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Will Monsanto-Sponsored Science Poison RoundUp Lawsuits?

Mon, 15 Jan 2018 13:00:00 -0800

San Francisco, CA: More than 300 Monsanto RoundUp lawsuits have been consolidated into multidistrict litigation in the US District Court for the Northern District of California . Expert testimony about whether glyphosate, the main ingredient in RoundUp, is carcinogenic will begin in early March

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Ohio Judge in Opioid MDL Wants Solutions

Mon, 15 Jan 2018 11:30:00 -0800

St. Louis, MO: The courtroom was so packed with lawyers, clients, and interested parties that the Judge had to call for more chairs to be brought in at the first status hearing on the National Prescription Opiate Litigation proceedings in Cleveland, Ohio

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Emergency Room Charges and What to Do About Them

Sun, 14 Jan 2018 11:30:00 -0800

Washington, DC: A study into medical bills, treatment costs at hospitals and emergency room charges undertaken last year and published in May by the Johns Hopkins University School of Medicine confirmed what we already know: charges for medical care can be excessive when compared to what Medicare and Medicaid interprets as the true value for services

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Canadian Class Action Launched Against Defective St. Jude Cardiac Defibrillators

Sat, 13 Jan 2018 14:30:00 -0800

Toronto, ON: Imagine the panic one might feel when told the defibrillator relied upon to help keep you alive, could fail at any time and with little warning. In reality, that circumstance is one Canadian lawsuit plaintiff Shirley Houle didn’t have to imagine. Amongst the St. Jude ICD and CRT-D device lawsuits, is a Canadian class action launched this past May.

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New Cal/OSHA Rules Came Into Effect in the New Year

Sat, 13 Jan 2018 10:00:00 -0800

Sacramento, CA: A new year often brings changes and updates to regulations requiring the attention of employers in order to avoid the scornful gaze of the California Division of Occupational Safety and Health (known variously as DOSH or Cal/OSHA). With the health and safety of employees coming into greater focus and scrutiny with each passing year, it behooves not only the employer to become conversant with the new rules, but also employees. To wit, an educated employee is better able to know if, and when his rights have been violated under OSHA if properly conversant with the rules, perhaps with help from a Cal/OSHA lawyer

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New Year, New Unum Lawsuit

Fri, 12 Jan 2018 17:30:00 -0800

Philadelphia, PA: With a new year comes a new lawsuit against Unum Group, after a plaintiff from the Philadelphia area brought a complaint against the global insurance juggernaut. At issue in the Unum lawsuit is the abrupt termination of long term disability benefits by the insurer, allegedly without just cause

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Game Changer Ruling for Risperdal Plaintiffs in Pennsylvania

Fri, 12 Jan 2018 17:00:00 -0800

Philadelphia, PA: A ruling by three appeal court judges in Pennsylvania has turned the tables on Johnson & Johnson (J&J) and Janssen saying that some 5,500 Risperdal plaintiffs with cases consolidated in a state mass tort litigation have the right to pursue punitive damages.

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Another Death Has Been Blamed on Defective Takata Airbags

Thu, 11 Jan 2018 11:30:00 -0800

Baton Rouge, LA Another death has been revealed from faulty Takata defective airbags after a man from Louisiana succumbed to his airbag injuries following a crash in July. The death has been confirmed by Honda, the manufacturer of the car the victim was driving when the accident took place. The death, revealed to Honda and the media late last month, brings to 20 the number of deaths worldwide that have been attributed to the problematic airbags

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Road Outrage: California Truckers Denied Fair Wages and Benefits

Wed, 10 Jan 2018 18:00:00 -0800

Los Angeles, CA: For more than a decade, the Port Trucking industry has exploited its workers. In a year-long investigation, USA Today revealed that truckers are forced to work up to 20 hours per day and uneducated immigrants are easy targets. Although these drivers have been classified as independent contractors, the city of Los Angeles has filed three California labor lawsuits against port trucking companies for violating state laws

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Denied Disability Claimant Wins when Administrator Blows Deadline

Wed, 10 Jan 2018 13:00:00 -0800

San Jose, CA Employers can change the terms of their long-term disability plans whenever they want. Those changes often affect what employees must show to make a disability claim, and they rarely make it easy to collect. Plans usually apply changed provisions even to employees who are already receiving benefits. They often lose those payments. But when a claimant brings a lawsuit, the US District Court for the Northern District of California recently held that rule-of-thumb is different. The plan provisions in effect when the disability accrued should govern

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Androgel Bellwether Case Gets New Legal Team

Tue, 09 Jan 2018 12:45:00 -0800

Chicago, IL: Just days before the third Androgel lawsuit was set to go to court, the multi-million dollar verdict-winning lawyers representing the plaintiffs in the testosterone multidistrict litigation (MDL) swapped out their key lawyers

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The Future of Takata Airbag Claims

Mon, 08 Jan 2018 09:30:00 -0800

Orlando, F:At the beginning of last year, Takata—the automotive parts company behind the largest automotive recall in the nation’s history—entered into a plea agreement with the United States Department of Justice (DOJ). The company then declared bankruptcy a few months later, setting off an avalanche of legal filings throughout the world, with an international corporate restructuring effort continuing to this day. “It’s critical to remember that as this process plays out, consumers have and will continue to be hurt and killed by rupturing airbags,” says attorney Frank Melton of Newsome Melton, PA. Unfortuna

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Demanda colectiva contra Tesla por discriminación racial

Mon, 08 Jan 2018 03:00:00 -0800

Oakland,CA:La presentada, denuncia el 13 de noviembre de 2017 en el Tribunal Superior para el Estado de California, el Condado de Alameda, describe a Tesla Motors, Inc. como un "hervidero" de racismo y alega múltiples violaciones de la legislación laboral de California. Esta es la tercera demanda por discriminación racial que se presentará contra Tesla este año y la primera en buscar el estado de acción de clase (una especie de demanda colectiva). Se lleva a cabo dentro de un coro de quejas sobre discriminación de género, edad y orientación sexual. El de

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Xarelto Bellwether Score is 3-1 for the Defendants: MDL to Map out Strategy

Sun, 07 Jan 2018 20:00:00 -0800

New Orleans, LA:With three federal bellwether cases having gone to the defendant and a fourth in state court favoring the plaintiff, the judge heading up the 18,500 consolidated cases in federal court has signaled he is looking for guidance from the various parties involved, with oral arguments on the docket for the end of the month following a status report. The Xarelto Lawsuit MDL is under the guidance and management of US District Judge Eldon Fallon in US District Court, Eastern District of Louisiana

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You Win Some, You Lose Some: But Plaintiff Wants to Keep Winning

Sun, 07 Jan 2018 20:00:00 -0800

Los Angeles, CA: In a decision that will be of interest to any California resident intent on bringing individual wage and hour claims against an employer in addition to claims under The Private Attorneys General Act of California (PAGA), a three-judge appellate panel recently determined that any plaintiff having settled individual claims is barred from continuing with a claim under PAGA

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Pregnant Worker Wins California Wrongful Termination Lawsuit

Sat, 06 Jan 2018 16:00:00 -0800

Oakland, CA When Eva O’Brien told her boss she was pregnant, he went nuts. He yelled, threw papers, made rude comments about her big belly and breast feeding. Then got in really close to ask if she wanted to quit. She didn’t and things got worse. Lower-paid hourly employees are among the most vulnerable and the least likely to file lawsuits, even in response to outrageous conduct. California wrongful termination law can protect workers like Eva under the “wrongful termination in violation of public policy” provision. But these lawsuits take endurance. Ba

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Multi-Million Landmark Verdict Holds EMTs to Account

Sat, 06 Jan 2018 08:00:00 -0800

Trenton, NJ: Four years and eight months after 20-year-old Toniquea Rivers collapsed at her parents’ home, a landmark verdict in a Trenton, New Jersey lawsuit found emergency medical technicians (EMTs) failed to ensure the new mother was properly intubated while she was being moved to a waiting ambulance and transported to a local hospital. “

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Plaintiff Wants Appeal of Years-Long Claims, Defendant Opines to ‘Get on with It’

Fri, 05 Jan 2018 08:00:00 -0800

San Francisco, CA: A years-long healthcare fraud whistleblower lawsuit remains an apt example of just how long in the tooth litigation can extend. And while the current version of a health care fraud lawsuit does not resemble the characterization of the original litigation, attempts at various appeals could extend the litigation well beyond 2018

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Court Rules in Favor of Essure Contraceptive Device Maker

Thu, 04 Jan 2018 18:00:00 -0800

Jefferson City, MO:A St. Louis Circuit Judge in 2016 ruled that an Essure lawsuit filed by 92 women against Bayer could proceed in Missouri, but now that may not be the case. All the plaintiffs claimed they suffered injuries after having the permanent birth control device implanted, and they contended that Bayer is subject to jurisdiction in this state because it does business, generates revenue and conducts marketing for Essure in Missouri

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Second Airbag Recall for Ford and Mazda Trucks

Tue, 02 Jan 2018 16:00:00 -0800

Detroit, MI Ford and Mazda have announced that they will recall hundreds of thousands of 2004 to 2006 Ford Ranger and Mazda B-Series trucks made by Ford. The second round of airbag recalls affects vehicles that were previously recalled in 2015 and 2016 for a temporary replacement of faulty airbag inflator mechanism. Takata airbags have been linked to 20 deaths and hundreds of injuries. In 2017 years of lawsuits forced Takata into bankruptcy

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Lots of Changes and Updates to California Labor Law with the New Year

Tue, 02 Jan 2018 16:00:00 -0800

Sacramento, CA: While various changes to California labor law came into effect with the start of the New Year on January 1, one aspect of the California labor code that wasn’t updated is nonetheless top-of-mind for many with the implementation of legal marijuana sales effective New Years’ Day. A

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