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Coffee giant being sued A lawsuit claiming that a coffee cup lid was not properly secured has been filed against Starbucks by a woman from Tennessee who is accusing the company of causing first and second-degree burns to her hand and thigh. A similar lawsuit against McDonald's during the 1990s created significant media attention and the ire of tort critics. Jamie Satterfield, Knoxville News Sentinel 10/25/2008 Target ordered to pay $3.1 million to customer Rita Cantrell from South Carolina alleged in the lawsuit that a Target loss-prevention employee set in motion a chain of events that led the Secret Service to interrogate her at her workplace as Target thought she was using counterfeit money at two of their locations. The money was later determined not to be counterfeit. Attorneys for Target said they plan to appeal the amount of the award. Eric Connor, Greenville News 10/27/2008 Countrywide settles and admits no wrongdoing Under the recent settlement, Countrywide Financial, a Bank of America subsidiary, is to pay $8.4 billion in loan relief to settle allegations of predatory lending practices in 11 states. An amount of $140 million will be relinquished by Countrywide in late fees and prepayment penalties. Gretchen Morgenson, The New York Times 10/05/2008 Helicopter Crash Survivor lawsuit settles for $4.5 million A student pilot, Gavin Heyworth, the only survivor of a 2003 helicopter crash has been awarded $4.5 million after the Federal Aviation Administration settled allegations that the crash was allegedly caused by negligent air traffic controllers. The family of the other pilot had been previously awarded $4.7 million in damages. San Francisco Chronicle, 09/24/2008 Study on settlement versus going to trial The Journal of Empirical Legal Studies is to publish a study on plaintiffs and defendants that erred in going to trial rather than accepting the settlement. The study shows that in only 15% of the cases that went to trial was the award less than the plaintiff initially demanded, but more than the defendant originally offered. Karen Sloan, Law.com, 09/24/2008 Hard road for investors Experts say that it will be a tough call for investors who are hoping to recover their severe losses experienced during last week's financial downturn as will have to prove that their money-market fund managers were acting fraudulently. However, even with this expert opinion, there are firms including Reserve Management Co. that are already the subject of lawsuits alleging such misconduct. Mark Jewell, Yahoo News 09/22/2008 Addicted gambler has $20 million lawsuit dismissed A judge has ruled that gambling participants deserve no special protection and dismissed a lawsuit filed by a disgruntled gambler. Arelia Taveras filed a $20 million racketeering lawsuit claiming that her addiction to gambling should have been recognized and seven casinos should have prevented her from playing. Taveras plans to appeal the dismissal. AP, USA Today 09/22/2008 McMahon lawsuit to proceed Ed McMahon has been allowed to proceed with his lawsuit against Cedar-Sinai Medical and two doctors, a California judge has ruled. McMahon alleges that they failed to diagnose and treat injuries suffered during his fall last year and is seeking a jury trial on allegations of negligence, elder abuse, battery, fraud and intentional infliction of emotional distress. The hospital has challenged the claims. Anthony McCartney, USA Today 09/23/2008 Merrill Lynch shareholders file a lawsuit The shareholders of Merrill Lynch are challenging the proposed buyout by the Bank of America as they feel that it is not in their best interests and have accordingly filed a lawsuit seeking to prevent the sale and allow Merrill Lynch the chance to obtain additional bids. Reuters 09/15/2008 Trial for tobacco suit possible next year The group of major tobacco manufacturers and a group of hospitals that have been legally wrangling for almost 10 years could have their case heard by a jury next year. Approximately $1 billion in damages by the hospitals is sought for the cost of treating uninsured patients with smoking related illnesses since 1993. The tobacco manufacturers are contesting that the hospitals should not be allowed to collect damages for individual injuries. St. Louis Post Dispatch 09/15/2008 Lawsuit of a Pennsylvania Woman Held Captive Dismissed A woman who was held captive for 10 years had her case dismissed due to failing to file her lawsuit within the two year statute of limitations. The attorney for the woman is to appeal the ruling as there were extraordinary circumstances that prevented the woman from filing the lawsuit within the two year period. Pittsburgh Post-Gazette 09/16/2008 Educational campaign on blood clots launched A new government campaign has been launched for the promotion of information to patients and doctors on the symptoms of blood colts. It is estimated that 350,000 and 600,000 Americans suffer from deep vein thrombosis or pulmonary embolism each year and more than 100,000 people will die annually as a result. Studies have shown that over a third of patients who need surgery did not receive preventative blood thinners. Lauren Neergaard, Chicago Tribune 09/15/2008 Veterinary practice sued In most states pets are considered personal property and awards are usually limited to the replacement cost of their animal but in Atlanta, Georgia, Michael and Kathryn Sutton have recently filed a lawsuit for $75,000 in damages for the loss of their constant companion against their veterinary surgeon alleging that their 13-year old dog, Marshall, would still be alive if not for his negligence. Atlanta Journal-Constitution 09/15/2008 Asbestos lawsuit to continue The Tennessee Supreme Court ruled on Tuesday that asbestos workers, as well as those who come into contact with them, should be protected by the asbestos companies. Doug Satterfield filed a lawsuit against Alcoa, Inc., a company based in Pittsburgh, on behalf of his daughter's estate, has been allowed to continue the lawsuit. His daughter, Amanda, died in 2005 after allegedly developing mesothelioma from asbestos dust her father brought home on his clothes. AP, Yahoo News 09/10/2008 Ideas on Forensic Virtual Models in the Courtroom An article in The Jury Expert presents ideas to be explored on how far technology has come over the years through the use of Forensic Virtual Models which demonstrate how evidence, such as the events of an accident or crime scene, can effectively be brought to the jury. Forensic Virtual Models. Eugene Liscio, The Jury Expert 07/01/2008 Fair Housing Act sexual harassment settlement A settlement was reached under the Fair Housing Act between the government and an Ohio landlord whereby twelve women will split nearly $1 million. The landlord, James G. Mitchell, verbally and sexually harassed and also allegedly sexually assaulted some of the low-income female tenants. It was noted that the case highlights a problem which is little noticed wherein landlords take advantage of low-income and female renters. Gregory Korte, The Cincinnati Enquirer 09/05/2008 Serious illnesses lined to arthritis drugs The Food and Drug Administration announced this week that the TNF blocker medications that have been prescribed for patients who suffer from rheumatoid arthritis, Crohn's disease and other conditions, are being blamed for deaths of dozens of patients. The medications such as Remicade by Johnson & Johnson, Humira by Abbott Laboratories, Cimzia by UCB and Enbrel from Amgen and Wyeth have been linked to serious fungal infections including histoplasmosis, coccidioidomycosis and blastomycosis. The FDA is now urging stronger warning labels for these drugs. Susan Heavey, Reuters 09/04/2008 Environmental lead lawsuit filed in California Three companies, Beaulieu Group, AstroTurf and FieldTurf USA, Inc., makers of artificial turf, have had a lawsuit filed against them by the California Attorney General Jerry Brown and other officials for failing to disclose that their products contain excessive amounts of lead that can harm children or others. The environmental suit is filed under California's Proposition 65 which is also known as the Safe Drinking Water and Toxic Enforcement Act of 1986. Marc Lifsher, LA Times 09/04/2008 Texas mortgage companies subject of a lawsuit A lawsuit, which is believed to be the first of its kind in Texas, has been filed against Alpha Mortgage USA, Inc. and American Home Mortgage Servicing, Inc. by a Texas woman claiming that due to her race, they engaged in predatory lending practices. The claim is that the two companies engaged in targeting minorities for poor mortgage terms, a practice known as reverse redlining. Mary Flood, Houston Chronicle 09/04/2008 FDA report on experimental osteoporosis drug A report was issued on an experimental osteoporosis drug by The Food and Drug Administration on Thursday. The conclusion was drawn that patients treated with the experimental osteoporosis drug, Fablyn manufactured by Pfizer, Inc. showed a statistically significant increase in death and were more likely to develop blood clots when compared with the group being treated with a placebo. The overall safety of the drug is still being evaluated by the FDA. Reuters 09/04/2008 Articles requested for The Colorado Lawyer Prospective authors for point/counterpoint articles are sought for February, May, August and November 2009 issues. Topics such as class actions, pro tem judges and court reform along with other topic suggestions are welcome and the coordinating editor of the proposed articles called "Just Wondering", Fred Burtzos, can be reached at fred.burtzos.qdz0@statefarm.com for deadline information. Increase in e-filing fees Following the updating of the LexisNexis® , the Colorado State Judicial Department has increased their e-filing fee to $6 and e-service transactions to $7.50. Pro bono cases will not be charged to use the services and more enhancements will be listed in the next few months. Wrongful death lawsuit settled by hospital The family of a woman who died having failed to receive a physician ordered blood test in South Carolina are going to receive more than $1.2 million. Piedmont Medical Center, Dr. Otis Speight and others were named in the lawsuit for failure to treat the woman's declining condition. The medical center and Dr. Otis Speight have agreed to pay the above amount. The trial had been scheduled for later this month. Toya Graham, Rock Hill Herald 08/30/2008 Ferry Crash Lawsuit Settlement A settlement of $8.75 million has been agreed between the City of New York and the wife of an attorney who was killed in the Staten Island Ferry crash in 2003. This settlement is believed to be one of the largest amounts agreed upon so far. The accident occurred when the vessel struck a concrete pier which killed 11 passengers and injured numerous others. Anthony Destefano, Newsday 08/29/08 |
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